Florida Senate - 2023                        COMMITTEE AMENDMENT
       Bill No. SB 846
       
       
       
       
       
       
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                              LEGISLATIVE ACTION                        
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       The Committee on Judiciary (Avila) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 49 - 207
    4  and insert:
    5         (b) “Foreign principal” means:
    6         1.The government or an official of the government of a
    7  foreign country of concern;
    8         2.A political party or a member of a political party in a
    9  foreign country of concern. For purposes of this subparagraph,
   10  the term “political party” means an organization or a
   11  combination of individuals whose aim or purpose is, or who are
   12  engaged in any activity devoted in whole or in part to, the
   13  establishment, administration, control, or acquisition of
   14  administration or control of a government of a foreign country
   15  of concern or a subdivision thereof, or the furtherance or
   16  influencing of the political or public interest, policies, or
   17  relations of a government of a foreign country of concern or a
   18  subdivision thereof;
   19         3. A partnership, an association, a corporation, an
   20  organization, or other combination of persons organized under
   21  the laws of or having its principal place of business in a
   22  foreign country of concern, or a subsidiary thereof; or
   23         4. Any person who is domiciled in a foreign country of
   24  concern and is not a citizen or lawful permanent resident of the
   25  United States.
   26         (c) “Partnership” means a faculty or student exchange
   27  program, a study abroad program, an articulation program, a
   28  recruiting program, or a dual degree program.
   29         (d)(c) “Political subdivision” has the same meaning as in
   30  s. 1.01(8) and includes any entity under the control of or
   31  established for the benefit of the political subdivision.
   32         (e)(c) “Public school” means any education institution
   33  under the supervision of a school district and any entity under
   34  the control of or established for the benefit of a public school
   35  or school district.
   36         (f)(d) “State agency” means any agency or unit of state
   37  government created or established by law and any entity under
   38  the control of or established for the benefit of a state agency.
   39         (g)(e) “State college” means any postsecondary education
   40  institution under the supervision of the State Board of
   41  Education, including any entity under the control of or
   42  established for the benefit of a state college.
   43         (h)(f) “State university” means any state university under
   44  the supervision of the Board of Governors, including any entity
   45  under the control of or established for the benefit of a state
   46  university.
   47         (2) A state agency, political subdivision, or public
   48  school, state college, or state university authorized to expend
   49  state-appropriated funds or levy ad valorem taxes may not
   50  participate in any agreement with or accept any grant from a
   51  foreign country of concern, or any entity controlled by a
   52  foreign country of concern, which:
   53         (a) Constrains the freedom of contract of such public
   54  entity;
   55         (b) Allows the curriculum or values of a program in the
   56  state to be directed or controlled by the foreign country of
   57  concern; or
   58         (c) Promotes an agenda detrimental to the safety or
   59  security of the United States or its residents. Before Prior to
   60  the execution of any cultural exchange agreement with a foreign
   61  country of concern, the substance of the agreement must shall be
   62  shared with federal agencies concerned with protecting national
   63  security or enforcing trade sanctions, embargoes, or other
   64  restrictions under federal law. If such federal agency provides
   65  information suggesting that such agreement promotes an agenda
   66  detrimental to the safety or security of the United States or
   67  its residents, the public entity may not enter into the
   68  agreement.
   69         (3)(a)For the purposes of this subsection only, the term
   70  “agreement” means a written statement of mutual interest in
   71  academic or research collaboration.
   72         (b)Beginning July 1, 2023, a state university or state
   73  college authorized to expend state-appropriated funds may not
   74  accept any grant from or participate in any agreement with any
   75  college or university based in a foreign country of concern, or
   76  with any foreign principal, except as specified in paragraphs
   77  (d) and (e).
   78         (c) Beginning July 1, 2023 , a state university or state
   79  college authorized to expend state-appropriated funds may not
   80  accept any grant from or participate in any partnership with any
   81  college or university based in a foreign country of concern, or
   82  with any foreign principal, except as specified in paragraphs
   83  (d) and (e).
   84         (d)A state university may, upon approval by the Board of
   85  Governors, enter into a partnership or an agreement with a
   86  college or university based in a foreign country of concern, or
   87  with a foreign principal, if such partnership or agreement is
   88  deemed by the board to be valuable to students and the state
   89  university and is not detrimental to the safety or security of
   90  the United States or its residents. A partnership or an
   91  agreement approved under this paragraph must meet the other
   92  relevant requirements of this section.
   93         1.The board shall exercise the authority provided pursuant
   94  to s. 1008.322 to sanction a state university pursuant to
   95  subparagraph 2. which, without approval of the board, enters
   96  into a partnership or an agreement with a college or university
   97  based in a foreign country of concern, or with a foreign
   98  principal.
   99         2.The board may withhold additional performance funding
  100  from a state university that, without approval from the board,
  101  enters into a partnership or an agreement with a college or
  102  university based in a foreign country of concern, or with a
  103  foreign principal. The funds must be deposited into the General
  104  Revenue Fund.
  105         (e)A state college may, upon approval by the State Board
  106  of Education, enter into a partnership or an agreement with a
  107  college or university based in a foreign country of concern, or
  108  with a foreign principal, if such partnership or agreement is
  109  deemed by the state board to be valuable to students and the
  110  state college and is not detrimental to the safety or security
  111  of the United States or its residents. A partnership or an
  112  agreement approved under this paragraph must meet the
  113  requirements of this section.
  114         1.Beginning July 1, 2023, the state board shall exercise
  115  the authority provided pursuant to s. 1008.32 to sanction a
  116  state college pursuant to subparagraph 2. which, without
  117  approval from the state board, enters into a partnership or an
  118  agreement with a college or university based in a foreign
  119  country of concern, or with a foreign principal.
  120         2.The state board may withhold additional performance
  121  funding from a state college that, without approval from the
  122  state board, enters into a partnership or an agreement with a
  123  college or university based in a foreign country of concern, or
  124  with a foreign principal. The funds must be deposited into the
  125  General Revenue Fund. The state board may administratively
  126  enforce this section.
  127         (f)By December 1, 2024, and each December 1 thereafter,
  128  the Board of Governors and the Department of Education,
  129  respectively, shall submit a report to the Governor, the
  130  President of the Senate, and the Speaker of the House of
  131  Representatives relating to partnerships and agreements of state
  132  universities and state colleges, respectively, with colleges and
  133  universities based in a foreign country of concern and with
  134  foreign principals. At a minimum, the report must include the
  135  following information for the previous fiscal year:
  136         1.Data reflecting any grant program, agreement,
  137  partnership, or contract between a state university or state
  138  college and any college or university based in a foreign country
  139  of concern, or with a foreign principal.
  140         2.Data reflecting any office, campus, or physical location
  141  used or maintained by a state university or state college in a
  142  foreign country of concern, or with a foreign principal.
  143         3.The date on which any such grant program, agreement,
  144  partnership, or contract reported pursuant to subparagraph 1. is
  145  expected to terminate.
  146         (g)The Board of Governors and the State Board of Education
  147  shall adopt regulations and rules, respectively, to administer
  148  this subsection.
  149         (4)(3) A state agency, political subdivision, public school,
  150  state college, or state university may not accept anything of
  151  value conditioned upon participation in a program or other
  152  endeavor to promote the language or culture of a foreign country
  153  of concern.
  154         (5)(4) For the 2022-2023 fiscal year, notwithstanding
  155  subsection (2), a state agency, political subdivision, public
  156  school, state college, or state university may not enter into any
  157  agreement with or accept any grant from the Russian Federation.
  158  This subsection expires July 1, 2023.
  159         Section 2. Paragraph (h) of subsection (1) of section
  160  286.101, Florida Statutes, is amended, paragraphs (i) and (j) are
  161  added to that subsection, and subsection (10) is added to that
  162  section, to read:
  163         286.101 Foreign gifts and contracts.—
  164         (1) As used in this section, the term:
  165         (h) “State agency” means any agency or unit of state
  166  government created or established by law. For the purposes of
  167  this section only, the term does not include a state university
  168  or a state college.
  169         (i) “State college” means any postsecondary educational
  170  institution under the supervision of the State Board of
  171  Education, including any entity under the control of or
  172  established for the benefit of a state college.
  173         (j) “State university” means any state university under the
  174  supervision of the Board of Governors, including any entity
  175  under the control of or established for the benefit of a state
  176  university.
  177         (10)(a) A state university or state college, or any
  178  employee or representative of a state university or state
  179  college, may not solicit or accept any gift in its official
  180  capacity, including any physical object, loan, reward, promise
  181  of future employment, favor, or service, from a college or
  182  university based in a foreign country of concern or from a
  183  foreign principal as those terms are defined in s. 288.860.
  184         (b) The Board of Governors and the State Board of Education
  185  shall adopt regulations and rules, respectively, to administer
  186  this subsection.
  187         Section 3. Paragraph (s) is added to subsection (1) of
  188  section 1002.421, Florida Statutes, to read:
  189         1002.421 State school choice scholarship program
  190  accountability and oversight.—
  191         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  192  school participating in an educational scholarship program
  193  established pursuant to this chapter must be a private school as
  194  defined in s. 1002.01(2) in this state, be registered, and be in
  195  compliance with all requirements of this section in addition to
  196  private school requirements outlined in s. 1002.42, specific
  197  requirements identified within respective scholarship program
  198  laws, and other provisions of Florida law that apply to private
  199  schools, and must:
  200         (s) Not be owned or operated by a person or an entity
  201  domiciled in, owned by, or in any way controlled by a foreign
  202  country of concern or foreign principal as defined in s.
  203  288.860. A violation of this paragraph constitutes an imminent
  204  threat to the health, safety, and welfare of the school’s
  205  students and to the public, sufficient to justify immediate
  206  suspension of payment of scholarship funds under paragraph
  207  (3)(e), as well as denial, suspension, or revocation of a
  208  school’s participation in a scholarship program under paragraph
  209  (3)(b).
  210  
  211  The department shall suspend the payment of funds to a private
  212  school that knowingly fails to comply with this subsection, and
  213  shall prohibit the school from enrolling new scholarship
  214  students, for 1 fiscal year and until the school complies. If a
  215  private school fails to meet the requirements of this subsection
  216  or has consecutive years of material exceptions listed in the
  217  report required under paragraph (q), the commissioner may
  218  determine that the private school is ineligible to participate
  219  in a scholarship program.
  220  
  221  ================= T I T L E  A M E N D M E N T ================
  222  And the title is amended as follows:
  223         Delete lines 2 - 35
  224  and insert:
  225         An act relating to agreements of educational entities
  226         with foreign entities; amending s. 288.860, F.S.;
  227         defining terms; prohibiting state universities and
  228         state colleges from accepting grants from or
  229         participating in partnerships or agreements with a
  230         college or university based in a foreign country of
  231         concern or with a foreign principal unless specified
  232         conditions are met; providing an exception;
  233         authorizing state universities to enter into
  234         partnerships or agreements with a college or
  235         university based in a foreign country of concern or
  236         with a foreign principal if such partnerships or
  237         agreements are approved by the Board of Governors and
  238         specified requirements are met; authorizing the board
  239         to sanction and withhold performance funding from a
  240         state university for entering into an unauthorized
  241         partnership or agreement; authorizing state colleges
  242         to enter into partnerships or agreements with a
  243         college or university based in a foreign country of
  244         concern or with a foreign principal if such
  245         partnerships or agreements are authorized by the State
  246         Board of Education and specified requirements are met;
  247         authorizing the state board to sanction and withhold
  248         performance funding from a state college for entering
  249         into an unauthorized partnership or agreement with a
  250         college or university based in a foreign country of
  251         concern or with a foreign principal; requiring each
  252         state university and state college to annually submit
  253         specified information to the Board of Governors and
  254         the Department of Education, respectively, by a
  255         specified date; requiring the Board of Governors and
  256         the department, respectively, to annually submit a
  257         report to the Governor and the Legislature by a
  258         specified date; providing requirements for the report;
  259         requiring the Board of Governors and the State Board
  260         of Education to adopt regulations and rules,
  261         respectively; amending s. 286.101, F.S.; revising and
  262         defining terms; prohibiting a state university or
  263         state college, or any employee or representative
  264         thereof, from soliciting or accepting a gift from a
  265         college or university based in a foreign country of
  266         concern or from a foreign principal; requiring the
  267         Board of Governors and the State Board of Education to
  268         adopt regulations and rules, respectively; amending s.
  269         1002.421, F.S.; prohibiting a private school that is
  270         owned or operated by a person or entity domiciled in,
  271         owned by, or in any way controlled by a foreign
  272         country of concern or by a foreign principal from
  273         participating in an educational scholarship program;
  274         providing an effective date.