Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 2010
Ì466596\Î466596
LEGISLATIVE ACTION
Senate . House
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The Committee on Education (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, 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, 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. An application or proposal from an entity that discloses
77 foreign gifts or grants under subsection (2) or s. 1010.25 or;
78 3. An application or proposal from a foreign source that,
79 if granted or accepted, would be disclosed under subsection (2)
80 or s. 1010.25;
81 4. An application or proposal from a public or not-for
82 profit research institution with respect to research funded by
83 any federal agency.
84 (c) A disclosure published online pursuant to subsection
85 (5) is deemed disclosed to every state agency and political
86 subdivision for purposes of subsection (a). From the time a
87 disclosure is made under paragraph (a) through the term of any
88 awarded state grant or contract, the entity must revise its
89 disclosure within 30 days after entering into a contract with or
90 receiving a grant or gift from a foreign country of concern or
91 within 30 days after the acquisition of any interest in the
92 entity by a foreign country of concern.
93 (4) At least once every 5 years, the Department of
94 Management Services shall screen each vendor of commodities
95 participating in the online procurement system if such vendor
96 has the capacity to fill an order of $100,000 or more. Screening
97 must be conducted through federal agencies responsible for
98 identifying persons and organizations subject to trade
99 sanctions, embargoes, or other restrictions under federal law.
100 If a vendor is identified as being subject to any such
101 sanctions, embargoes, or other restrictions, the vendor must
102 make the disclosures required under subsection (3) until such
103 restriction expires. A notification regarding the applicability
104 of the disclosure requirement in subsection (3) to the vendor
105 must be included on the online procurement system when
106 applicable. The Department of Management Services must ensure
107 that purchasers through the online procurement system may easily
108 access all disclosures made by vendors participating system.
109 (5) The Department of Financial Services must establish and
110 maintain an Internet website to publish the disclosures required
111 under this section. The Department of Financial Services may
112 establish an online system for making such disclosures. The
113 Department of Management Services may coordinate with the
114 Department of Financial Services to establish the online system.
115 (6)(a) Upon receiving a referral from an inspector general
116 or other compliance officer of a state agency or political
117 subdivision or any sworn complaint based upon substantive
118 information and reasonable belief, the Department of Financial
119 Services must investigate an allegation of a violation of this
120 section.
121 (b) The Department of Financial Services, an inspector
122 general, or any other agent or compliance officer authorized by
123 a state agency or political subdivision may request records
124 relevant to any reasonable suspicion of a violation of this
125 section. An entity must provide the required records within 30
126 days after such request or at a later time agreed to by the
127 investigating state agency or political subdivision.
128 (7)(a) Failure to make a disclosure required under this
129 section or failure to provide records requested under paragraph
130 (6)(b) constitutes a civil violation punishable upon a final
131 order of the Department of Financial Services by an
132 administrative fine of $5,000 for a first violation or $10,000
133 for any subsequent violation.
134 (b) In addition to any fine assessed under paragraph (a), a
135 final order determining a third or subsequent violation by a
136 state agency or political subdivision must include a
137 determination of the identity of the officer responsible for
138 acceptance of the undisclosed grant or gift. Such order must
139 also include a referral by the Department of Financial Services
140 to the Governor or other officer authorized to suspend or remove
141 the officer responsible for acceptance of the undisclosed grant
142 or gift from public office. A copy of such referral must be
143 provided to the President of the Senate and the Speaker of the
144 House of Representatives for oversight of such suspension and
145 removal authority.
146 (c) In addition to any fine assessed under paragraph (a), a
147 final order determining a third or subsequent violation by an
148 entity other than a state agency or political subdivision shall
149 automatically disqualify the entity from eligibility for any
150 grant or contract funded by a state agency or any political
151 subdivision until such ineligibility is lifted by the
152 Administration Commission for good cause. The Department of
153 Financial Services shall include and maintain an active and
154 current list of such ineligible entities on the Internet website
155 maintained under subsection (5).
156 (8) Except as provided in s. 1004.22(2), or information
157 protected by any statute that is a trade secret as defined in s.
158 812.081(1)(c) or s. 688.002(4), information and records relating
159 to a gift or grant from a foreign source are not confidential or
160 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
161 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" includes any entity under the
190 control of or established for the benefit of a political
191 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 establishes a program or other endeavor to
213 promote the language or culture of a foreign country of concern.
214 (3) A state agency, political subdivision, public school,
215 state college, or state university may not accept anything of
216 value conditioned upon participation in a program or other
217 endeavor to promote the language or culture of a foreign country
218 of concern.
219 Section 3. Section 1010.25, Florida Statutes, is created to
220 read:
221 1010.25 Foreign gift reporting.—
222 (1) As used in this section, the term:
223 (a) "Affiliate organization" means any entity under the
224 control of or established for the benefit of an organization
225 required to report under this section, including a direct
226 support organization.
227 (b) "Contract means any agreement for the acquisition by
228 purchase, lease, or barter of property or services by the
229 foreign source, for the direct benefit or use of either of the
230 parties, and any purchase, lease or barter of property or
231 services from a foreign country of concern as defined in s.
232 286.101(1)(b).
233 (c) "Direct-support organization" has the same meaning as
234 provided in ss. 1004.28(1)(a), 1004.70(1)(a), and 1004.71(1)(a).
235 (d) "Foreign government" means the government of any
236 country, nation, group of nations, or any province or other
237 political subdivision of any country or nation, other than the
238 government of the United States or the government of a state or
239 political subdivision, including any agent of such foreign
240 government.
241 (e) "Foreign source" means any of the following:
242 1. A foreign government or an agency of a foreign
243 government.
244 2. A legal entity, governmental or otherwise, created
245 solely under the laws of a foreign state or states.
246 3. An individual who is not a citizen or a national of the
247 United States or a territory or protectorate of the United
248 States.
249 4. An agent, including a subsidiary or an affiliate of a
250 foreign legal entity, acting on behalf of a foreign source.
251 (f) "Gift" means any contract, gift, grant, endowment,
252 award, or donation of money or property of any kind, or any
253 combination thereof, including a conditional or an unconditional
254 pledge of such contract, gift, grant, endowment, award, or
255 donation. For purposes of this paragraph, the term "pledge"
256 means a promise, an agreement, or an expressed intention to give
257 a gift.
258 (g) "Institution of higher education" means a state
259 university, an entity listed in subpart B of part II of chapter
260 1004 that has its own governing board, a Florida College System
261 institution, an independent nonprofit college or university that
262 is located in and chartered by the state and grants
263 baccalaureate or higher degrees, any other institution that has
264 a physical presence in the state and is required to report
265 foreign gifts or contracts pursuant to 20 U.S.C. s. 1011f, or an
266 affiliate organization of an institution of higher education.
267 (2) Each institution of higher education must semiannually
268 report, each January 31 and July 31, any gift received directly
269 or indirectly from a foreign source with a value of $50,000 or
270 more during the fiscal year. If a foreign source provides more
271 than one gift directly or indirectly to an institution of higher
272 education in a single fiscal year and the total value of those
273 gifts is $50,000 or more, all gifts received from that foreign
274 source must be reported. For purposes of this subsection, a gift
275 received from a foreign source through an intermediary shall be
276 considered an indirect gift to the institution of higher
277 education. An institution of higher education may consolidate
278 its report with that of all its affiliate organizations. A
279 report required under this subsection must be made to the
280 following entities:
281 (a) The Board of Governors, if the recipient is a state
282 university, an entity listed in subpart B of part II of chapter
283 1004 that has its own governing board, or an affiliate
284 organization of such university or entity.
285 (b) Unless already reported to the Board of Governors
286 pursuant to paragraph (a), the State Board of Education, if the
287 recipient is any other institution of higher education or an
288 affiliate organization of such institution.
289 (3) For each gift subject to the reporting requirement in
290 subsection (2), the report of the institution of higher
291 education must provide all of the following information, unless
292 otherwise prohibited or deemed confidential under federal law
293 having no exemption applicable to such reporting:
294 (a) The amount of the gift and the date it was received.
295 (b) The contract start and end date if the gift is a
296 contract.
297 (c) The name of the foreign source and, if not a foreign
298 government, the country of citizenship, if known, and the
299 country of principal residence or domicile of the foreign
300 source.
301 (d)1. A copy of a gift agreement between the foreign source
302 and the institution of higher education, signed by the foreign
303 source and the chief administrative officer of the institution
304 of higher education, or their respective designees, which must
305 include a detailed description of the purpose for which the gift
306 will be used by the institution of higher education, the
307 identification of the persons for whom the gift is explicitly
308 intended to benefit, and any applicable conditions,
309 requirements, restrictions, or terms made a part of the gift
310 regarding the control of curricula, faculty, student admissions,
311 student fees, or contingencies placed upon the institution of
312 higher education to take a specific public position or to award
313 an honorary degree. With respect to an agreement containing
314 information protected from disclosure under s. 1004.22(4), an
315 abstract and redacted copy providing all required information
316 that is not so protected may be submitted in lieu of a copy of
317 the agreement.
318 2. Beginning July 1, 2022, the Inspector General of the
319 Board of Governors or the Inspector General of the Department of
320 Education, as applicable, shall, within existing resources,
321 randomly inspect or audit at least 10 percent of the total
322 number of gifts or gift agreements received from institutions of
323 higher education pursuant to this paragraph during the previous
324 year. The inspection or audit shall examine the extent to which
325 the institution of higher education exercised due diligence with
326 respect to whether the gift was received from a foreign source,
327 as well as the institution of higher education's compliance with
328 the requirements of this section.
329 3. Upon the request of the Governor, the President of the
330 Senate, or the Speaker of the House of Representatives, the
331 Inspector General of the Board of Governors or the Inspector
332 General of the Department of Education, as applicable, must
333 inspect or audit a gift or gift agreement.
334 (4) The State Board of Education or the Board of Governors,
335 as applicable, shall exercise the authority provided pursuant to
336 s. 1008.32 or s. 1008.322, respectively, to sanction an
337 institution of higher education that fails to report a
338 reportable gift within 60 days after the reporting deadlines
339 established in subsection (2).
340 (5)(a) An institution of higher education that knowingly,
341 willfully, or negligently fails to disclose the information
342 required by this section shall be subject to a civil penalty of
343 105 percent of the amount of the undisclosed gift, payable only
344 from nonstate funds of the institution of higher education or
345 the affiliate organization that received such gift. The
346 recovered funds must be deposited into the General Revenue Fund.
347 The Board of Governors and the State Board of Education, as
348 applicable, may administratively enforce this section and impose
349 the civil penalty as an administrative penalty. A lesser
350 penalty, but at least 5 percent of the amount of the undisclosed
351 gift may be imposed if a negligent failure is not a result of
352 negligent management or is de minimis.
353 (b) In the absence of enforcement by the Board of Governors
354 or the State Board of Education, as applicable, the Attorney
355 General or Chief Financial Officer may bring a civil action to
356 enforce this section. If such action is successful, the Attorney
357 General or Chief Financial Officer, as applicable, is entitled
358 to reasonable attorney fees and costs.
359 (6) Except as provided in s. 1004.22(2), or information
360 protected by any statute that is a trade secret as defined in s.
361 812.081(1)(c) or s. 688.002(4), information and records relating
362 to a gift from a foreign source are not confidential or exempt
363 from s. 119.07(1) and s. 24(a), Art. I of the State
364 Constitution.
365 (7) The Board of Governors may adopt regulations, and the
366 State Board of Education may adopt rules, to implement this
367 section.
368 Section 4. Section 1010.35, Florida Statutes, is created to
369 read:
370 1010.35 Screening foreign researchers.—
371 (1) Each state university or entity listed in subpart A or
372 subpart B of part II of chapter 1004 that receives state
373 appropriations or state tax revenue and has a research budget of
374 $10 million or more must screen applicants seeking employment in
375 research or research-related support positions, graduate and
376 undergraduate students applying for research or research support
377 positions, and applicants for positions of visiting researcher,
378 who are citizens of a foreign country and who are not permanent
379 residents of the United States, or who are citizens or permanent
380 residents of the United States who have any affiliation with an
381 institution or program, or at least one year of prior employment
382 or training, excepting employment or training by an agency of
383 the United States government, in a foreign country of concern as
384 defined in s. 286.101. Such screening is required prior to
385 interviewing such applicant or offering to such applicant a
386 position of employment or of visiting researcher. At the
387 discretion of the university or entity, other applicants for
388 such positions may be screened.
389 (2) In addition to satisfying all employment and enrollment
390 qualifications imposed by federal law, the Board of Governors or
391 the governing board of the applicable entity must require the
392 following of applicants included in subsection (1):
393 a. A foreign applicant must submit a complete copy of the
394 applicant’s passport and most recently submitted Nonimmigrant
395 Visa Application, DS-160. After extraction of all information
396 relevant to the requirements of this section a university or
397 entity may destroy or return the copy of the DS-160 submitted by
398 an applicant.
399 b. All applicants described in subsection (1) must submit a
400 complete resume and curriculum vitae, including every
401 institution of higher education attended; all previous
402 employment since the applicant's 18th birthday; a list of all
403 published material for which the applicant received credit as an
404 author, a researcher, or otherwise or to which the applicant
405 contributed significant research, writing, or editorial support;
406 a list of the applicant’s current and pending research funding
407 from any source, including funder, amount, applicant’s role on
408 the project, and brief description of the research; and a full
409 disclosure of non-university professional activities including
410 any affiliation with an institution or program in a foreign
411 country of concern. For applicants who have been continually
412 employed or enrolled in a postsecondary education institution in
413 the United States for 20 years or more, the resume may, but need
414 not, include employment history before the most recent 20 years.
415 (3) The president or chief administrative officer of the
416 state university or applicable entity shall designate a research
417 integrity office to review all materials required in subsection
418 (2) and take reasonable steps to verify all attendance,
419 employment, publications, and contributions listed in the
420 application required in subsection (2) prior to any interview of
421 or offer of a position to the applicant. Reasonable steps
422 include searching public databases for research publications and
423 presentations and public conflict of interest records to
424 identify any research publication or presentation that may have
425 been omitted from the application, contacting all employers of
426 the most recent 10 years to verify employment, contacting all
427 institutions of higher education attended to verify enrollment
428 and educational progress, searching public listings of persons
429 subject to sanctions or restrictions under federal law, and
430 submitting the applicant's name and other identifying
431 information to the Federal Bureau of Investigation or any
432 federal agency reasonably willing to scrutinize such applicant
433 for national security or counterespionage purposes, and any
434 other steps deemed appropriate to the office. The university or
435 applicable entity may also direct the office to approve
436 applicants for hire based on a risk-based determination
437 considering the nature of the research and the background and
438 ongoing affiliations of the applicant.
439 (4) The requirements of this section must be completed
440 before interviewing or offering any position to an individual
441 described in subsection (1) in any research or research-related
442 support position and before granting such individual any access
443 to research data or activities or other sensitive data. An
444 applicant who must be screened under this section may not be
445 employed in any research or research-related support position if
446 he or she fails to disclose a substantial educational,
447 employment, or research-related activity or publication or
448 presentation at the time of submitting the application required
449 in subsection (2), unless the department head, or a designee,
450 certifies in writing the substance of the nondisclosure and the
451 reasons for disregarding such failure to disclose. A copy of
452 such certification must be kept in the investigative file of the
453 research integrity office and must be submitted to the nearest
454 Federal Bureau of Investigation field office.
455 (5) The research integrity office must report to the
456 nearest Federal Bureau of Investigation field office, and to any
457 law enforcement agency designated by the Governor or the Board
458 of Governors and the governing board of the applicable entity
459 described in subsection (1), the identity of any applicant who
460 was rejected for employment based on the scrutiny required by
461 this section or other risk-based screening.
462 (6) By July 1, 2025, the Inspector General of the Board of
463 Governors, the inspector general of an entity described in
464 subsection (1), or the Auditor General must perform an
465 operational audit regarding the implementation of this section.
466 Section 5. Section 1010.36, Florida Statutes, is created to
467 read:
468 1010.36 Foreign travel; research institutions.—
469 (1) By January 1, 2022, each state university or entity
470 listed in subpart A or subpart B of part II of chapter 1004 that
471 receives state appropriations or state tax revenue and has a
472 research budget of $10 million or more must establish an
473 international travel approval and monitoring program. The
474 program must require preapproval and screening by a research
475 integrity office designated by the president or chief
476 administrative officer of the state university or entity for any
477 foreign travel and foreign employment-related activities engaged
478 in by all faculty, researchers, and research department staff.
479 Such requirement is in addition to any other travel approval
480 process applicable to the state university or entity.
481 (2)(a) Preapproval by the research integrity office must be
482 based on the applicant's review and acknowledgement of guidance
483 published by the employing state university or entity which
484 relates to countries under sanctions or other restrictions of
485 the state or the United States government, including any federal
486 license requirement; customs rules; export controls;
487 restrictions on taking state university or entity property,
488 including intellectual property, abroad; restrictions on
489 presentations, teaching, and interactions with foreign
490 colleagues; and other subjects important to the research and
491 academic integrity of the state university or entity.
492 (b) Preapproval must be based on the binding commitment of
493 the individual traveler not to violate the state university's or
494 entity's limitations on travel and activities abroad and to obey
495 all applicable federal laws.
496 (3) The state university or entity must maintain records of
497 all foreign travel requests and approvals; expenses reimbursed
498 by the university or entity during such travel, including for
499 travel, food, and lodging; and payments and honoraria received
500 during such travel and activities, including for travel, food,
501 and lodging. The state university or entity must also keep
502 records of the purpose of the travel and any records related to
503 the foreign activity review.. Such records must be retained for
504 at least three years or any longer period of time required by
505 any other applicable state or federal law.
506 (4) The state university or entity must provide an annual
507 report of foreign travel to countries of concern listing
508 individual travelers, foreign locations visited, and foreign
509 institutions visited to the Board of Governors or the governing
510 board of the applicable.
511 (5) By July 1, 2025, the Inspector General of the Board of
512 Governors, the inspector general of an entity described in
513 subsection (1), or the Auditor General must perform an
514 operational audit regarding the implementation of this section.
515 Section 6. This act shall take effect July 1, 2021.
516
517 ================= T I T L E A M E N D M E N T ================
518 And the title is amended as follows:
519 Delete everything before the enacting clause
520 and insert:
521 A bill to be entitled
522 An act relating to foreign influence; creating s.
523 286.101, F.S.; providing definitions; requiring any
524 state agency or political subdivision to disclose
525 certain gifts or grants received from any foreign
526 source to the Department of Financial Services within
527 a specified timeframe; providing an exception;
528 requiring any entity that applies for a certain grant
529 or proposes a certain contract to disclose to a state
530 agency or political subdivision any current or prior
531 interest of, contract with, or grant or gift received
532 from a foreign country of concern under certain
533 circumstances; specifying information to be included
534 in the disclosure; requiring such entity to provide a
535 copy of such disclosure to the department within a
536 specified timeframe before applying for any grant or
537 proposing any contract; requiring such entity to
538 revise its disclosure within a specified timeframe
539 under certain circumstances; providing exceptions to
540 disclosure requirements; requiring the Department of
541 Management Services to screen certain vendors
542 periodically; requiring certain notification on the
543 online procurement system; requiring the Department of
544 Financial Services to establish and maintain an
545 Internet website to publish the disclosures;
546 authorizing the department to establish an online
547 system for making such disclosures; authorizing the
548 Department of Management Services to coordinate with
549 the Department of Financial Services to establish such
550 online system; requiring the Department of Financial
551 Services to investigate allegations of certain
552 violations under certain circumstances; authorizing
553 the department or specified persons to request certain
554 records; providing for the assessment of fines and
555 penalties under certain circumstances; requiring the
556 department to include and maintain a list of
557 ineligible entities on a certain Internet website;
558 providing that certain information and records
559 relating to a gift or grant from a foreign source are
560 not confidential or exempt from public records
561 requirements; providing exceptions; authorizing
562 rulemaking; creating s. 288.860, F.S.; providing
563 definitions; prohibiting certain agencies and entities
564 from participating in agreements with or accepting
565 grants received from foreign countries of concern
566 under certain circumstances; prohibiting such agencies
567 and entities from accepting anything of value as a
568 condition for participation in certain programs or
569 endeavors that promote the language or culture of
570 foreign countries of concern; creating s. 1010.25,
571 F.S.; providing definitions; requiring institutions of
572 higher education to semiannually report to certain
573 entities regarding certain gifts they received
574 directly or indirectly from a foreign source;
575 authoring the report to be consolidated with affiliate
576 organizations; requiring such institutions to provide
577 certain information regarding such gifts; requiring
578 random inspections or audits of gifts or gift
579 agreements by certain inspectors general; providing
580 requirements for such inspections or audits; requiring
581 the Board of Governors or State Board of Education, as
582 applicable, to sanction institutions that fail to
583 report certain gifts within a specified timeframe;
584 providing for a civil penalty for willful violations;
585 requiring that the proceeds from such penalty be
586 deposited in a specified fund; providing a lesser
587 civil penalty under specified conditions; authorizing
588 the Attorney General or Chief Financial Officer to
589 bring a civil action under certain circumstances;
590 providing for attorney fees and costs; providing that
591 certain information and records relating to a gift
592 from a foreign source are not confidential or exempt
593 from public records requirements; providing
594 exceptions; authorizing the Board of Governors and
595 State Board of Education to adopt regulations and
596 rules, respectively; creating s. 1010.35, F.S.;
597 requiring certain state universities and other
598 entities to screen certain foreign applicants seeking
599 employment in specified research positions; requiring
600 such applicants to provide additional specified
601 information as part of the application process;
602 requiring screening to be completed before an
603 interview or offer of employment; requiring the
604 president or chief administrative officer of the state
605 university or entity to designate a research integrity
606 office to verify certain information contained in such
607 applications, search certain public databases, and
608 submit certain information to specified federal
609 agencies; specifies conditions that a university may
610 approve a hire based on a risk-based determination;
611 prohibiting the employment of an applicant who fails
612 to make certain disclosures; providing an exception;
613 requiring certain records to be maintained by the
614 research integrity office; requiring such office to
615 report the identity of any applicant who was rejected
616 for employment to certain law enforcement agencies;
617 requiring certain inspectors general or the Auditor
618 General to perform an operational audit by a specified
619 date; creating s. 1010.36, F.S.; requiring certain
620 state universities and other entities to establish an
621 international travel approval and monitoring program;
622 providing requirements for such program; providing
623 requirements for preapproval and screening for foreign
624 travel and foreign employment-related activities
625 engaged in by faculty, researchers, and research
626 department staff; requiring state universities and
627 entities to maintain certain records relating to
628 foreign travel and activities for at least three
629 years; requiring a state university or entity to
630 provide a certain annual report to the Board of
631 Governors or the governing board of the applicable
632 entity and publish such report on its Internet
633 website; requiring a specified entity to conduct an
634 operational audit of institutions by a specified date;
635 providing an effective date.