Florida Senate - 2023 SB 846
By Senator Avila
39-00235F-23 2023846__
1 A bill to be entitled
2 An act relating to agreements of state colleges and
3 state universities with foreign entities; amending s.
4 288.860, F.S.; defining terms; prohibiting state
5 universities and state colleges from accepting grants
6 or participating in agreements with a foreign country
7 of concern unless specified conditions are met;
8 authorizing state universities to enter into
9 agreements with a foreign country of concern if such
10 agreement is approved by the Board of Governors and
11 specified requirements are met; authorizing the board
12 to sanction and to withhold performance funding from a
13 state university for entering into an unauthorized
14 foreign agreement; authorizing a state college to
15 enter into an agreement with a foreign country of
16 concern if such agreement is authorized by the State
17 Board of Education and specified requirements are met;
18 authorizing the state board to sanction and to
19 withhold performance funding from a state college for
20 entering into an unauthorized agreement with a foreign
21 country of concern; requiring each state university
22 and state college to annually submit specified
23 information to the Board of Governors and Department
24 of Education if certain conditions are met; requiring
25 the Board of Governors and the department to annually
26 submit a report to the Governor and the Legislature;
27 providing requirements for the report; requiring the
28 Board of Governors and the State Board of Education to
29 adopt regulations and rules, respectively; amending s.
30 286.101, F.S.; revising and defining terms;
31 prohibiting a state university or state college from
32 soliciting or accepting a gift from a foreign country
33 of concern; requiring the Board of Governors and the
34 State Board of Education to adopt regulations and
35 rules, respectively; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38
39 Section 1. Section 288.860, Florida Statutes, is amended to
40 read:
41 288.860 International cultural agreements.—
42 (1) As used in this section, the term:
43 (a) “Foreign country of concern” means the People’s
44 Republic of China, the Russian Federation, the Islamic Republic
45 of Iran, the Democratic People’s Republic of Korea, the Republic
46 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
47 Arab Republic, including any agency of or any other entity under
48 significant control of such foreign country of concern.
49 (b) “Partnership” means a faculty or student exchange
50 program, a study abroad program, an articulation program, a
51 recruiting program, or a dual degree program.
52 (c) “Political subdivision” has the same meaning as in s.
53 1.01(8) and includes any entity under the control of or
54 established for the benefit of the political subdivision.
55 (d)(c) “Public school” means any education institution
56 under the supervision of a school district and any entity under
57 the control of or established for the benefit of a public school
58 or school district.
59 (e)(d) “State agency” means any agency or unit of state
60 government created or established by law and any entity under
61 the control of or established for the benefit of a state agency.
62 (f)(e) “State college” means any postsecondary education
63 institution under the supervision of the State Board of
64 Education, including any entity under the control of or
65 established for the benefit of a state college.
66 (g)(f) “State university” means any state university under
67 the supervision of the Board of Governors, including any entity
68 under the control of or established for the benefit of a state
69 university.
70 (2) A state agency, political subdivision, or public
71 school, state college, or state university authorized to expend
72 state-appropriated funds or levy ad valorem taxes may not
73 participate in any agreement with or accept any grant from a
74 foreign country of concern, or any entity controlled by a
75 foreign country of concern, which:
76 (a) Constrains the freedom of contract of such public
77 entity;
78 (b) Allows the curriculum or values of a program in the
79 state to be directed or controlled by the foreign country of
80 concern; or
81 (c) Promotes an agenda detrimental to the safety or
82 security of the United States or its residents. Before Prior to
83 the execution of any cultural exchange agreement with a foreign
84 country of concern, the substance of the agreement must shall be
85 shared with federal agencies concerned with protecting national
86 security or enforcing trade sanctions, embargoes, or other
87 restrictions under federal law. If such federal agency provides
88 information suggesting that such agreement promotes an agenda
89 detrimental to the safety or security of the United States or
90 its residents, the public entity may not enter into the
91 agreement.
92 (3)(a) For the purposes of this subsection only, the term
93 “agreement” means a written statement of mutual interest in
94 academic or research collaboration.
95 (b) A state university or state college authorized to
96 expend state-appropriated funds may not accept any grant from or
97 participate in any agreement or partnership with any college,
98 university, or entity that is based in or controlled by a
99 foreign country of concern, except as specified in paragraphs
100 (c) and (d).
101 (c) A state university may, upon approval by the Board of
102 Governors, enter into an agreement with a foreign country of
103 concern or an entity located in or controlled by a foreign
104 country of concern if such agreement is deemed by the board to
105 be valuable to students and the state university and is not
106 detrimental to the safety or security of the United States or
107 its residents. An agreement approved under this subsection must
108 meet the other relevant requirements of s. 288.860.
109 1. Beginning July 1, 2023, the board shall exercise the
110 authority provided pursuant to s. 1008.322 to sanction a state
111 university pursuant to subparagraph 2. which enters into a
112 partnership or agreement with a foreign country of concern or an
113 entity that is located in or controlled by a foreign country of
114 concern without approval from the board.
115 2. The board may withhold additional performance funding
116 for a state university that enters into an agreement with a
117 foreign country of concern or an entity that is located in or
118 controlled by a foreign country of concern without approval from
119 the board. The funds must be deposited into the General Revenue
120 Fund.
121 (d) A state college may, upon approval by the State Board
122 of Education, enter into an agreement with a foreign country of
123 concern or an entity located in or controlled by a foreign
124 country of concern if such agreement is deemed by the state
125 board to be valuable to students and the state college and is
126 not detrimental to the safety or security of the United States
127 or its residents. An agreement approved under this subsection
128 must meet the requirements of s. 288.860.
129 1. Beginning July 1, 2023, the state board shall exercise
130 the authority provided pursuant to s. 1008.32 to sanction a
131 state college pursuant to subparagraph 2. which enters into a
132 partnership or agreement with a foreign country of concern or an
133 entity that is located in or controlled by a foreign country of
134 concern without approval from the state board.
135 2. The state board may withhold additional performance
136 funding for a state college that enters into an agreement with a
137 foreign country of concern or an entity that is located in or
138 controlled by a foreign country of concern without approval from
139 the state board. The funds must be deposited into the General
140 Revenue Fund. The state board may administratively enforce this
141 section.
142 (e) Each state university and state college shall submit
143 the information required in paragraph (f) to the Board of
144 Governors and the Department of Education, respectively, by July
145 1 of each year.
146 (f) By August 1, 2024, and each August 1 thereafter, the
147 Board of Governors and the Department of Education,
148 respectively, shall submit a report to the Governor, the
149 President of the Senate, and the Speaker of the House of
150 Representatives relating to agreements of state universities and
151 state colleges, respectively, with foreign entities. At a
152 minimum, the report must include the following information for
153 the previous fiscal year:
154 1. Data reflecting any grant program, agreement,
155 partnership, or contract between a state university or state
156 college and any university, college, or entity that is based in
157 or controlled by a foreign country.
158 2. Data reflecting any office, campus, or physical location
159 used or maintained by a state university or state college in a
160 foreign country.
161 3. The date on which any such grant program, agreement,
162 partnership, or contract reported pursuant to subparagraph 1. is
163 expected to terminate.
164 (g) The Board of Governors and the State Board of Education
165 shall adopt regulations and rules, respectively, to administer
166 this subsection.
167 (4)(3) A state agency, political subdivision, public
168 school, state college, or state university may not accept
169 anything of value conditioned upon participation in a program or
170 other endeavor to promote the language or culture of a foreign
171 country of concern.
172 (5)(4) For the 2022-2023 fiscal year, notwithstanding
173 subsection (2), a state agency, political subdivision, public
174 school, state college, or state university may not enter into
175 any agreement with or accept any grant from the Russian
176 Federation. This subsection expires July 1, 2023.
177 Section 2. Paragraph (h) of subsection (1) of section
178 286.101, Florida Statutes, is amended, paragraphs (i) and (j)
179 are added to that subsection, and subsection (10) is added to
180 that section, to read:
181 286.101 Foreign gifts and contracts.—
182 (1) As used in this section, the term:
183 (h) “State agency” means any agency or unit of state
184 government created or established by law. For the purposes of
185 this section only, the term does not include a state university
186 or a state college.
187 (i) “State college” means any postsecondary education
188 institution under the supervision of the State Board of
189 Education, including any entity under the control of or
190 established for the benefit of a state college.
191 (j) “State university” means any state university under the
192 supervision of the Board of Governors, including any entity
193 under the control of or established for the benefit of a state
194 university.
195 (10)(a) A state university or state college, or any
196 employee or representative of a state university or state
197 college, may not solicit or accept any gift, including any
198 physical object, loan, reward, promise of future employment,
199 favor, or service, from:
200 1. A foreign country of concern or an entity that is
201 located in or controlled by a foreign country of concern; or
202 2. A person associated with or employed by a foreign
203 country of concern or an entity that is located in or controlled
204 by a foreign country of concern.
205 (b) The Board of Governors and the State Board of Education
206 shall adopt regulations and rules, respectively, to administer
207 this subsection.
208 Section 3. This act shall take effect July 1, 2023.