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.