Florida Senate - 2021 COMMITTEE AMENDMENT Bill No. CS for SB 2010 Ì269026,Î269026 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Diaz) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 286.101, Florida Statutes, is created to 6 read: 7 286.101 Foreign gifts and contracts.— 8 (1) As used in this section, the term: 9 (a) “Contract” means any agreement for the direct benefit 10 or use of any party to such agreement, including an agreement 11 for the sale of commodities or services. 12 (b) “Foreign country of concern” means the People’s 13 Republic of China, the Russian Federation, the Islamic Republic 14 of Iran, the Democratic People’s Republic of Korea, the Republic 15 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian 16 Arab Republic, including any agency of or any other entity under 17 significant control of such foreign country of concern. 18 (c) “Foreign government” means the government of any 19 country, nation, or group of nations, or any province or other 20 political subdivision of any country or nation, other than the 21 government of the United States or the government of a state or 22 political subdivision, including any agent of such foreign 23 government. 24 (d) “Foreign source” means any of the following: 25 1. A foreign government or an agency of a foreign 26 government. 27 2. A legal entity, governmental or otherwise, created 28 solely under the laws of a foreign state or states. 29 3. An individual who is not a citizen or a national of the 30 United States or a territory or protectorate of the United 31 States. 32 4. An agent, including a subsidiary or an affiliate of a 33 foreign legal entity, acting on behalf of a foreign source. 34 (e) “Gift” means any transfer of money or property from one 35 entity to another without compensation. 36 (f) “Grant” means a transfer of money for a specified 37 purpose, including a conditional gift. 38 (g) “Interest” in an entity means any direct or indirect 39 investment in or loan to the entity valued at 5 percent or more 40 of the entity’s net worth or any form of direct or indirect 41 control exerting similar or greater influence on the governance 42 of the entity. 43 (h) “State agency” means any agency or unit of state 44 government created or established by law. 45 (2) Any state agency or political subdivision that receives 46 directly or indirectly any gift or grant with a value of $50,000 47 or more from any foreign source shall disclose such gift or 48 grant to the Department of Financial Services within 30 days 49 after receiving such gift or grant. Such disclosure shall 50 include the date of the gift or grant, the amount of the gift or 51 grant, and the name and country of residence or domicile of the 52 foreign source. Disclosure is not required if such gift or grant 53 is disclosed under s. 1010.25. 54 (3)(a) Any entity that applies to a state agency or 55 political subdivision for a grant or proposes a contract having 56 a value of $100,000 or more shall disclose to the state agency 57 or political subdivision any current or prior interest of, any 58 contract with, or any grant or gift received from a foreign 59 country of concern if such interest, contract, or grant or gift 60 has a value of $50,000 or more and such interest existed at any 61 time or such contract or grant or gift was received or in force 62 at any time during the previous 5 years. Such disclosure shall 63 include the name and mailing address of the disclosing entity, 64 the amount of the contract or grant or gift or the value of the 65 interest disclosed, the applicable foreign country of concern 66 and, if applicable, the date of termination of the contract or 67 interest, the date of receipt of the grant or gift, and the name 68 of the agent or controlled entity that is the source or interest 69 holder. Within 1 year before applying for any grant or proposing 70 any contract, such entity must provide a copy of such disclosure 71 to the Department of Financial Services. 72 (b) Disclosure under this subsection is not required with 73 respect to: 74 1. A proposal to sell commodities through the online 75 procurement program established pursuant to s. 287.057(22); 76 2. A proposal to sell commodities to a university pursuant 77 to Board of Governors Regulation 18.001; 78 3. An application or proposal from an entity that discloses 79 foreign gifts or grants under subsection (2) or s. 1010.25; 80 4. An application or proposal from a foreign source that, 81 if granted or accepted, would be disclosed under subsection (2) 82 or s. 1010.25; or 83 5. An application or proposal from a public or not-for 84 profit research institution with respect to research funded by 85 any federal agency. 86 (c) A disclosure published online pursuant to subsection 87 (5) is deemed disclosed to every state agency and political 88 subdivision for purposes of paragraph (a). From the time a 89 disclosure is made under paragraph (a) through the term of any 90 awarded state grant or contract, the entity must revise its 91 disclosure within 30 days after entering into a contract with or 92 receiving a grant or gift from a foreign country of concern or 93 within 30 days after the acquisition of any interest in the 94 entity by a foreign country of concern. 95 (4) At least once every 5 years, the Department of 96 Management Services shall screen each vendor of commodities 97 participating in the online procurement system if such vendor 98 has the capacity to fill an order of $100,000 or more. Screening 99 must be conducted through federal agencies responsible for 100 identifying persons and organizations subject to trade 101 sanctions, embargoes, or other restrictions under federal law. 102 If a vendor is identified as being subject to any such 103 sanctions, embargoes, or other restrictions, the vendor must 104 make the disclosures required under subsection (3) until such 105 restriction expires. A notification regarding the applicability 106 of the disclosure requirement in subsection (3) to the vendor 107 must be included on the online procurement system when 108 applicable. The Department of Management Services must ensure 109 that purchasers through the online procurement system may easily 110 access all disclosures made by vendors participating in the 111 system. 112 (5) The Department of Financial Services must establish and 113 maintain an Internet website to publish the disclosures required 114 under this section. The Department of Financial Services may 115 establish an online system for making such disclosures. The 116 Department of Management Services may coordinate with the 117 Department of Financial Services to establish the online system. 118 (6)(a) Upon receiving a referral from an inspector general 119 or other compliance officer of a state agency or political 120 subdivision or any sworn complaint based upon substantive 121 information and reasonable belief, the Department of Financial 122 Services must investigate an allegation of a violation of this 123 section. 124 (b) The Department of Financial Services, an inspector 125 general, or any other agent or compliance officer authorized by 126 a state agency or political subdivision may request records 127 relevant to any reasonable suspicion of a violation of this 128 section. An entity must provide the required records within 30 129 days after such request or at a later time agreed to by the 130 investigating state agency or political subdivision. 131 (7)(a) Failure to make a disclosure required under this 132 section or failure to provide records requested under paragraph 133 (6)(b) constitutes a civil violation punishable upon a final 134 order of the Department of Financial Services by an 135 administrative fine of $5,000 for a first violation or $10,000 136 for any subsequent violation. 137 (b) In addition to any fine assessed under paragraph (a), a 138 final order determining a third or subsequent violation by a 139 state agency or political subdivision must include a 140 determination of the identity of the officer responsible for 141 acceptance of the undisclosed grant or gift. Such order must 142 also include a referral by the Department of Financial Services 143 to the Governor or other officer authorized to suspend or remove 144 the officer responsible for acceptance of the undisclosed grant 145 or gift from public office. A copy of such referral must be 146 provided to the President of the Senate and the Speaker of the 147 House of Representatives for oversight of such suspension and 148 removal authority. 149 (c) In addition to any fine assessed under paragraph (a), a 150 final order determining a third or subsequent violation by an 151 entity other than a state agency or political subdivision shall 152 automatically disqualify the entity from eligibility for any 153 grant or contract funded by a state agency or any political 154 subdivision until such ineligibility is lifted by the 155 Administration Commission for good cause. The Department of 156 Financial Services shall include and maintain an active and 157 current list of such ineligible entities on the Internet website 158 maintained under subsection (5). 159 (8) Information disclosed under subsections (2) and (3) is 160 not confidential or exempt from s. 119.07(1) and s. 24(a), Art. 161 I of the State Constitution. 162 (9)(a) The Department of Management Services may adopt 163 rules necessary to carry out its responsibilities under this 164 section. The rules may identify the federal agencies to be 165 consulted under subsection (4) and the procedure for notifying a 166 vendor of the disclosure requirements under this section when 167 applicable. The Department of Management Services may also adopt 168 rules providing for the application of this section to the 169 online procurement system. 170 (b) The Department of Financial Services may adopt rules 171 necessary to carry out its responsibilities under this section. 172 (c) Any rules necessary to implement this section must be 173 published by December 31, 2021, unless the applicable department 174 head certifies in writing that a delay is necessary and the date 175 by which the proposed rules will be published. Such 176 certification must be published in the Florida Administrative 177 Register and a copy provided to the Joint Administrative 178 Procedures Committee. 179 Section 2. Section 288.860, Florida Statutes, is created to 180 read: 181 288.860 International cultural agreements.— 182 (1) As used in this section, the term: 183 (a) “Foreign country of concern” means the People’s 184 Republic of China, the Russian Federation, the Islamic Republic 185 of Iran, the Democratic People’s Republic of Korea, the Republic 186 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian 187 Arab Republic, including any agency of or any other entity under 188 significant control of such foreign country of concern. 189 (b) “Political subdivision” has the same meaning as in s. 190 1.01(8) and includes any entity under the control of or 191 established for the benefit of the political subdivision. 192 (c) “Public school” means any education institution under 193 the supervision of a school district and any entity under the 194 control of or established for the benefit of a public school or 195 school district. 196 (d) “State agency” means any agency or unit of state 197 government created or established by law and any entity under 198 the control of or established for the benefit of a state agency. 199 (e) “State college” means any postsecondary education 200 institution under the supervision of the State Board of 201 Education, including any entity under the control of or 202 established for the benefit of a state college. 203 (f) “State university” means any state university under the 204 supervision of the Board of Governors, including any entity 205 under the control of or established for the benefit of a state 206 university. 207 (2) A state agency, political subdivision, public school, 208 state college, or state university authorized to expend state 209 appropriated funds or levy ad valorem taxes may not participate 210 in any agreement with or accept any grant from a foreign country 211 of concern, or any entity controlled by a foreign country of 212 concern, which: 213 (a) Constrains the freedom of contract of such public 214 entity; 215 (b) Allows the curriculum or values of a program in the 216 state to be directed or controlled by the foreign country of 217 concern; or 218 (c) Promotes an agenda detrimental to the safety or 219 security of the United States or its residents. Prior to the 220 execution of any cultural exchange agreement with a foreign 221 country of concern, the substance of the agreement shall be 222 shared with federal agencies concerned with protecting national 223 security or enforcing trade sanctions, embargoes, or other 224 restrictions under federal law. If such federal agency provides 225 information suggesting that such agreement promotes an agenda 226 detrimental to the safety or security of the United States or 227 its residents, the public entity may not enter into the 228 agreement. 229 (3) A state agency, political subdivision, public school, 230 state college, or state university may not accept anything of 231 value conditioned upon participation in a program or other 232 endeavor to promote the language or culture of a foreign country 233 of concern. 234 Section 3. Section 1010.25, Florida Statutes, is created to 235 read: 236 1010.25 Foreign gift reporting.— 237 (1) As used in this section, the term: 238 (a) “Affiliate organization” means any entity under the 239 control of or established for the benefit of an organization 240 required to report under this section, including a direct 241 support organization. 242 (b) “Contract” means any agreement for the acquisition by 243 purchase, lease, or barter of property or services by the 244 foreign source, for the direct benefit or use of either of the 245 parties, and any purchase, lease, or barter of property or 246 services from a foreign country of concern as defined in s. 247 286.101(1)(b). 248 (c) “Direct-support organization” has the same meaning as 249 provided in ss. 1004.28(1)(a), 1004.70(1)(a), and 1004.71(1)(a). 250 (d) “Foreign government” means the government of any 251 country, nation, or group of nations, or any province or other 252 political subdivision of any country or nation, other than the 253 government of the United States or the government of a state or 254 political subdivision, including any agent of such foreign 255 government. 256 (e) “Foreign source” means any of the following: 257 1. A foreign government or an agency of a foreign 258 government. 259 2. A legal entity, governmental or otherwise, created 260 solely under the laws of a foreign state or states. 261 3. An individual who is not a citizen or a national of the 262 United States or a territory or protectorate of the United 263 States. 264 4. An agent, including a subsidiary or an affiliate of a 265 foreign legal entity, acting on behalf of a foreign source. 266 (f) “Gift” means any contract, gift, grant, endowment, 267 award, or donation of money or property of any kind, or any 268 combination thereof, including a conditional or an unconditional 269 pledge of such contract, gift, grant, endowment, award, or 270 donation. For purposes of this paragraph, the term “pledge” 271 means a promise, an agreement, or an expressed intention to give 272 a gift. 273 (g) “Institution of higher education” means a state 274 university, an entity listed in subpart B of part II of chapter 275 1004 that has its own governing board, a Florida College System 276 institution, an independent nonprofit college or university that 277 is located in and chartered by the state and grants 278 baccalaureate or higher degrees, any other institution that has 279 a physical presence in the state and is required to report 280 foreign gifts or contracts pursuant to 20 U.S.C. s. 1011f, or an 281 affiliate organization of an institution of higher education. 282 (2) Each institution of higher education must semiannually 283 report, each January 31 and July 31, any gift received directly 284 or indirectly from a foreign source with a value of $50,000 or 285 more during the fiscal year. If a foreign source provides more 286 than one gift directly or indirectly to an institution of higher 287 education in a single fiscal year and the total value of those 288 gifts is $50,000 or more, all gifts received from that foreign 289 source must be reported. For purposes of this subsection, a gift 290 received from a foreign source through an intermediary shall be 291 considered an indirect gift to the institution of higher 292 education. An institution of higher education may consolidate 293 its report with that of all its affiliate organizations. A 294 report required under this subsection must be made to the 295 following entities: 296 (a) The Board of Governors, if the recipient is a state 297 university, an entity listed in subpart B of part II of chapter 298 1004 that has its own governing board, or an affiliate 299 organization of such university or entity. 300 (b) Unless already reported to the Board of Governors 301 pursuant to paragraph (a), the State Board of Education, if the 302 recipient is any other institution of higher education or an 303 affiliate organization of such institution. 304 (3) For each gift subject to the reporting requirement in 305 subsection (2), the report of the institution of higher 306 education must provide all of the following information, unless 307 otherwise prohibited or deemed confidential under federal law 308 having no exemption applicable to such reporting: 309 (a) The amount of the gift and the date it was received. 310 (b) The contract start and end date if the gift is a 311 contract. 312 (c) The name of the foreign source and, if not a foreign 313 government, the country of citizenship, if known, and the 314 country of principal residence or domicile of the foreign 315 source. 316 (d)1. A copy of a gift agreement between the foreign source 317 and the institution of higher education, signed by the foreign 318 source and the chief administrative officer of the institution 319 of higher education, or their respective designees, which must 320 include a detailed description of the purpose for which the gift 321 will be used by the institution of higher education, the 322 identification of the persons for whom the gift is explicitly 323 intended to benefit, and any applicable conditions, 324 requirements, restrictions, or terms made a part of the gift 325 regarding the control of curricula, faculty, student admissions, 326 student fees, or contingencies placed upon the institution of 327 higher education to take a specific public position or to award 328 an honorary degree. With respect to an agreement containing 329 information protected from disclosure under s. 1004.22(2), an 330 abstract and redacted copy providing all required information 331 that is not so protected may be submitted in lieu of a copy of 332 the agreement. 333 2. Beginning July 1, 2022, the Inspector General of the 334 Board of Governors or the Inspector General of the Department of 335 Education, as applicable, shall annually, within existing 336 resources, randomly inspect or audit at least 5 percent of the 337 total number of gifts disclosed by or gift agreements received 338 from institutions of higher education pursuant to this paragraph 339 during the previous year to determine an institution’s 340 compliance with the requirements of this section with respect to 341 the gifts and gift agreements reviewed. 342 3. Upon the request of the Governor, the President of the 343 Senate, or the Speaker of the House of Representatives, the 344 Inspector General of the Board of Governors or the Inspector 345 General of the Department of Education, as applicable, must 346 inspect or audit a gift or gift agreement. 347 (4) The State Board of Education or the Board of Governors, 348 as applicable, shall exercise the authority provided pursuant to 349 s. 1008.32 or s. 1008.322, respectively, to sanction an 350 institution of higher education that fails to report a 351 reportable gift within 60 days after the reporting deadlines 352 established in subsection (2). 353 (5)(a) An institution of higher education that knowingly, 354 willfully, or negligently fails to disclose the information 355 required by this section shall be subject to a civil penalty of 356 105 percent of the amount of the undisclosed gift, payable only 357 from nonstate funds of the institution of higher education or 358 the affiliate organization that received such gift. The 359 recovered funds must be deposited into the General Revenue Fund. 360 The Board of Governors and the State Board of Education, as 361 applicable, may administratively enforce this section and impose 362 the civil penalty as an administrative penalty. 363 (b) In the absence of enforcement by the Board of Governors 364 or the State Board of Education, as applicable, the Attorney 365 General or the Chief Financial Officer may bring a civil action 366 to enforce this section. If such action is successful, the 367 Attorney General or the Chief Financial Officer, as applicable, 368 is entitled to reasonable attorney fees and costs. 369 (c) A whistle-blower who reports an undisclosed foreign 370 gift to the appropriate inspector general may also report such 371 undisclosed foreign gift to the Attorney General or the Chief 372 Financial Officer and retain whistle-blower protection under s. 373 112.3188. Such whistle-blower shall be entitled to receive a 374 reward in the amount of 25 percent of any penalty recovered by 375 the Board of Governors, the State Board of Education, the 376 Attorney General, or the Chief Financial Officer under this 377 section. The Chief Financial Officer is authorized to incur 378 expenditures to provide such reward from the penalty recovery. 379 The reward may be paid through an intermediary attorney or 380 trustee designated by the whistle-blower. 381 (6) Information reported under subsection (3) is not 382 confidential or exempt from s. 119.07(1) and s. 24(a), Art. I of 383 the State Constitution, except as provided in s. 1004.22(2) or 384 unless protected by any statute as a trade secret as defined in 385 s. 688.002 or s. 812.081(1)(c). 386 (7) The Board of Governors may adopt regulations, and the 387 State Board of Education may adopt rules, to implement this 388 section. 389 Section 4. Section 1010.35, Florida Statutes, is created to 390 read: 391 1010.35 Screening foreign researchers.— 392 (1) Each state university or entity listed in subpart A or 393 subpart B of part II of chapter 1004 that receives state 394 appropriations or state tax revenue and has a research budget of 395 $10 million or more must screen applicants seeking employment in 396 research or research-related support positions, graduate and 397 undergraduate students applying for research or research-related 398 support positions, and applicants for positions of visiting 399 researcher who are citizens of a foreign country and who are not 400 permanent residents of the United States, or who are citizens or 401 permanent residents of the United States who have any 402 affiliation with an institution or program, or at least 1 year 403 of prior employment or training, excepting employment or 404 training by an agency of the United States government, in a 405 foreign country of concern as defined in s. 286.101. Such 406 screening is required prior to interviewing such applicant or 407 offering to such applicant a position of employment or of 408 visiting researcher. At the discretion of the university or 409 entity, other applicants for such positions may be screened. 410 (2) In addition to satisfying all employment and enrollment 411 qualifications imposed by federal law, the Board of Governors or 412 the governing board of the applicable entity must require the 413 following of applicants included in subsection (1): 414 (a) A foreign applicant must submit a complete copy of the 415 applicant’s passport and most recently submitted Online 416 Nonimmigrant Visa Application, DS-160. After extraction of all 417 information relevant to the requirements of this section, a 418 university or entity may destroy or return the copy of the DS 419 160 submitted by an applicant. 420 (b) All applicants described in subsection (1) must submit 421 a complete resume and curriculum vitae, including every 422 institution of higher education attended; all previous 423 employment since the applicant’s 18th birthday; a list of all 424 published material for which the applicant received credit as an 425 author, a researcher, or otherwise or to which the applicant 426 contributed significant research, writing, or editorial support; 427 a list of the applicant’s current and pending research funding 428 from any source, including funder, amount, applicant’s role on 429 the project, and brief description of the research; and a full 430 disclosure of nonuniversity professional activities, including 431 any affiliation with an institution or program in a foreign 432 country of concern. For applicants who have been continually 433 employed or enrolled in a postsecondary education institution in 434 the United States for 20 years or more, the resume may, but need 435 not, include employment history before the most recent 20 years. 436 (3) The president or chief administrative officer of the 437 state university or applicable entity shall designate a research 438 integrity office to review all materials required in subsection 439 (2) and take reasonable steps to verify all attendance, 440 employment, publications, and contributions listed in the 441 application required in subsection (2) prior to any interview of 442 or offer of a position to the applicant. Reasonable steps 443 include searching public databases for research publications and 444 presentations and public conflict of interest records to 445 identify any research publication or presentation that may have 446 been omitted from the application, contacting all employers of 447 the most recent 10 years to verify employment, contacting all 448 institutions of higher education attended to verify enrollment 449 and educational progress, searching public listings of persons 450 subject to sanctions or restrictions under federal law, 451 submitting the applicant’s name and other identifying 452 information to the Federal Bureau of Investigation or any 453 federal agency reasonably willing to scrutinize such applicant 454 for national security or counterespionage purposes, and any 455 other steps deemed appropriate to the office. The state 456 university or applicable entity may also direct the office to 457 approve applicants for hire based on a risk-based determination 458 considering the nature of the research and the background and 459 ongoing affiliations of the applicant. 460 (4) The requirements of this section must be completed 461 before interviewing or offering any position to an individual 462 described in subsection (1) in any research or research-related 463 support position and before granting such individual any access 464 to research data or activities or other sensitive data. An 465 applicant who must be screened under this section may not be 466 employed in any research or research-related support position if 467 he or she fails to disclose a substantial educational, 468 employment, or research-related activity or publication or 469 presentation at the time of submitting the application required 470 in subsection (2), unless the department head, or a designee, 471 certifies in writing the substance of the nondisclosure and the 472 reasons for disregarding such failure to disclose. A copy of 473 such certification must be kept in the investigative file of the 474 research integrity office and must be submitted to the nearest 475 Federal Bureau of Investigation field office. 476 (5) The research integrity office must report to the 477 nearest Federal Bureau of Investigation field office, and to any 478 law enforcement agency designated by the Governor or the Board 479 of Governors and the governing board of the applicable entity 480 described in subsection (1), the identity of any applicant who 481 was rejected for employment based on the scrutiny required by 482 this section or other risk-based screening. 483 (6) By July 1, 2025, the Inspector General of the Board of 484 Governors, the inspector general of an entity described in 485 subsection (1), or the Auditor General must perform an 486 operational audit regarding the implementation of this section. 487 Section 5. Section 1010.36, Florida Statutes, is created to 488 read: 489 1010.36 Foreign travel; research institutions.— 490 (1) By January 1, 2022, each state university or entity 491 listed in subpart A or subpart B of part II of chapter 1004 that 492 receives state appropriations or state tax revenue and has a 493 research budget of $10 million or more must establish an 494 international travel approval and monitoring program. The 495 program must require preapproval and screening by a research 496 integrity office designated by the president or chief 497 administrative officer of the state university or entity for any 498 employment-related foreign travel and employment-related foreign 499 activities engaged in by all faculty, researchers, and research 500 department staff. Such requirement is in addition to any other 501 travel approval process applicable to the state university or 502 entity. 503 (2)(a) Preapproval by the research integrity office must be 504 based on the applicant’s review and acknowledgement of guidance 505 published by the employing state university or entity which 506 relates to countries under sanctions or other restrictions of 507 the state or the United States government, including any federal 508 license requirement; customs rules; export controls; 509 restrictions on taking state university or entity property, 510 including intellectual property, abroad; restrictions on 511 presentations, teaching, and interactions with foreign 512 colleagues; and other subjects important to the research and 513 academic integrity of the state university or entity. 514 (b) Preapproval must be based on the binding commitment of 515 the individual traveler not to violate the state university’s or 516 entity’s limitations on travel and activities abroad and to obey 517 all applicable federal laws. 518 (3) The state university or entity must maintain records of 519 all foreign travel requests and approvals; expenses reimbursed 520 by the university or entity during such travel, including for 521 travel, food, and lodging; and payments and honoraria received 522 during such travel and activities, including for travel, food, 523 and lodging. The state university or entity must also keep 524 records of the purpose of the travel and any records related to 525 the foreign activity review. Such records must be retained for 526 at least 3 years or any longer period of time required by any 527 other applicable state or federal law. 528 (4) The state university or entity must provide an annual 529 report of foreign travel to countries of concern listing 530 individual travelers, foreign locations visited, and foreign 531 institutions visited to the Board of Governors or the governing 532 board of the applicable entity. 533 (5) By July 1, 2025, the Inspector General of the Board of 534 Governors, the inspector general of an entity described in 535 subsection (1), or the Auditor General must perform an 536 operational audit regarding the implementation of this section. 537 Section 6. This act shall take effect July 1, 2021. 538 539 ================= T I T L E A M E N D M E N T ================ 540 And the title is amended as follows: 541 Delete everything before the enacting clause 542 and insert: 543 A bill to be entitled 544 An act relating to foreign influence; creating s. 545 286.101, F.S.; providing definitions; requiring any 546 state agency or political subdivision to disclose 547 certain gifts or grants received from any foreign 548 source to the Department of Financial Services within 549 a specified timeframe; providing an exception; 550 requiring any entity that applies for a certain grant 551 or proposes a certain contract to disclose to a state 552 agency or political subdivision any current or prior 553 interest of, contract with, or grant or gift received 554 from a foreign country of concern under certain 555 circumstances; specifying information to be included 556 in the disclosure; requiring such entity to provide a 557 copy of such disclosure to the department within a 558 specified timeframe before applying for any grant or 559 proposing any contract; requiring such entity to 560 revise its disclosure within a specified timeframe 561 under certain circumstances; providing exceptions to 562 disclosure requirements; requiring the Department of 563 Management Services to periodically screen certain 564 vendors; requiring certain notification on the online 565 procurement system; requiring the Department of 566 Financial Services to establish and maintain an 567 Internet website to publish the disclosures; 568 authorizing the department to establish an online 569 system for making such disclosures; authorizing the 570 Department of Management Services to coordinate with 571 the Department of Financial Services to establish such 572 online system; requiring the Department of Financial 573 Services to investigate allegations of certain 574 violations under certain circumstances; authorizing 575 the department or specified persons to request certain 576 records; providing for the assessment of fines and 577 penalties under certain circumstances; requiring the 578 department to include and maintain a list of 579 ineligible entities on a certain Internet website; 580 providing that certain information relating to a gift 581 or grant from a foreign source is not confidential or 582 exempt from public records requirements; authorizing 583 rulemaking; creating s. 288.860, F.S.; providing 584 definitions; prohibiting certain agencies and entities 585 from participating in agreements with or accepting 586 grants received from foreign countries of concern 587 under certain circumstances; prohibiting such agencies 588 and entities from accepting anything of value as a 589 condition for participation in certain programs or 590 endeavors that promote the language or culture of 591 foreign countries of concern; creating s. 1010.25, 592 F.S.; providing definitions; requiring institutions of 593 higher education to semiannually report to certain 594 entities regarding certain gifts they received 595 directly or indirectly from a foreign source; 596 authorizing the report to be consolidated with 597 affiliate organizations; requiring such institutions 598 to provide certain information regarding such gifts; 599 requiring random annual inspections or audits of gifts 600 or gift agreements by certain inspectors general; 601 providing requirements for such inspections or audits; 602 requiring the Board of Governors or State Board of 603 Education, as applicable, to sanction institutions 604 that fail to report certain gifts within a specified 605 timeframe; providing for a civil penalty for willful 606 violations; requiring that the proceeds from such 607 penalty be deposited in a specified fund; authorizing 608 the Attorney General or the Chief Financial Officer to 609 bring a civil action under certain circumstances; 610 providing for attorney fees and costs; authorizing a 611 whistle-blower to report an undisclosed foreign gift 612 to the Attorney General or the Chief Financial 613 Officer; providing that such whistle-blower retains 614 certain protections and is entitled to a reward; 615 authorizing the Chief Financial Officer to incur 616 expenditures to provide such reward from the penalty 617 recovery; authorizing payment of such reward through 618 an intermediary attorney or trustee designated by the 619 whistle-blower; providing that certain information 620 relating to a gift from a foreign source is not 621 confidential or exempt from public records 622 requirements; providing exceptions; authorizing the 623 Board of Governors and State Board of Education to 624 adopt regulations and rules, respectively; creating s. 625 1010.35, F.S.; requiring certain state universities 626 and other entities to screen certain foreign 627 applicants seeking employment in specified research 628 positions; requiring such applicants to provide 629 additional specified information as part of the 630 application process; requiring screening to be 631 completed before an interview or offer of employment; 632 requiring the president or chief administrative 633 officer of the state university or entity to designate 634 a research integrity office to verify certain 635 information contained in such applications, search 636 certain public databases, and submit certain 637 information to specified federal agencies; specifying 638 the conditions under which a state university may 639 approve a hire based on a risk-based determination; 640 prohibiting the employment of an applicant who fails 641 to make certain disclosures; providing an exception; 642 requiring certain records to be maintained by the 643 research integrity office; requiring such office to 644 report the identity of any applicant who was rejected 645 for employment to certain law enforcement agencies; 646 requiring certain inspectors general or the Auditor 647 General to perform an operational audit by a specified 648 date; creating s. 1010.36, F.S.; requiring certain 649 state universities and other entities to establish an 650 international travel approval and monitoring program; 651 providing requirements for such program; providing 652 requirements for preapproval and screening for 653 employment-related foreign travel and employment 654 related foreign activities engaged in by faculty, 655 researchers, and research department staff; requiring 656 state universities and entities to maintain certain 657 records relating to foreign travel and activities for 658 at least 3 years; requiring a state university or 659 entity to provide a certain annual report to the Board 660 of Governors or the governing board of the applicable 661 entity; requiring certain inspectors general or the 662 Auditor General to perform an operational audit by a 663 specified date; providing an effective date.