ENROLLED
       2023 Legislature                            CS for CS for SB 846
       
       
       
       
       
       
                                                              2023846er
    1  
    2         An act relating to agreements of educational entities
    3         with foreign entities; amending s. 288.860, F.S.;
    4         defining terms; prohibiting state universities and
    5         state colleges from accepting grants from or
    6         participating in partnerships or agreements with a
    7         college or university based in a foreign country of
    8         concern or with a foreign principal unless specified
    9         conditions are met; providing an exception;
   10         authorizing state universities to enter into
   11         partnerships or agreements with a college or
   12         university based in a foreign country of concern or
   13         with a foreign principal if such partnerships or
   14         agreements are approved by the Board of Governors and
   15         specified requirements are met; authorizing the board
   16         to sanction and withhold performance funding from a
   17         state university for entering into an unauthorized
   18         partnership or agreement; authorizing state colleges
   19         to enter into partnerships or agreements with a
   20         college or university based in a foreign country of
   21         concern or with a foreign principal if such
   22         partnerships or agreements are authorized by the State
   23         Board of Education and specified requirements are met;
   24         authorizing the state board to sanction and withhold
   25         performance funding from a state college for entering
   26         into an unauthorized partnership or agreement with a
   27         college or university based in a foreign country of
   28         concern or with a foreign principal; requiring each
   29         state university and state college to annually submit
   30         specified information to the Board of Governors and
   31         the Department of Education, respectively, by a
   32         specified date; requiring the Board of Governors and
   33         the department, respectively, to annually submit a
   34         report to the Governor and the Legislature by a
   35         specified date; providing requirements for the report;
   36         requiring the Board of Governors and the State Board
   37         of Education to adopt regulations and rules,
   38         respectively; amending s. 286.101, F.S.; revising and
   39         defining terms; prohibiting a state university or
   40         state college, or any employee or representative
   41         thereof, from soliciting or accepting a gift from a
   42         college or university based in a foreign country of
   43         concern or from a foreign principal; requiring the
   44         Board of Governors and the State Board of Education to
   45         adopt regulations and rules, respectively; amending s.
   46         1002.421, F.S.; prohibiting a private school that is
   47         owned or operated by a person or entity domiciled in,
   48         owned by, or in any way controlled by a foreign
   49         country of concern or by a foreign principal from
   50         participating in an educational scholarship program;
   51         providing an effective date.
   52          
   53  Be It Enacted by the Legislature of the State of Florida:
   54  
   55         Section 1. Section 288.860, Florida Statutes, is amended to
   56  read:
   57         288.860 International cultural agreements.—
   58         (1) As used in this section, the term:
   59         (a) “Foreign country of concern” means the People’s
   60  Republic of China, the Russian Federation, the Islamic Republic
   61  of Iran, the Democratic People’s Republic of Korea, the Republic
   62  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
   63  Arab Republic, including any agency of or any other entity under
   64  significant control of such foreign country of concern.
   65         (b) “Foreign principal” means:
   66         1.The government or an official of the government of a
   67  foreign country of concern;
   68         2.A political party or a member of a political party in a
   69  foreign country of concern. For purposes of this subparagraph,
   70  the term “political party” means an organization or a
   71  combination of individuals whose aim or purpose is, or who are
   72  engaged in any activity devoted in whole or in part to, the
   73  establishment, administration, control, or acquisition of
   74  administration or control of a government of a foreign country
   75  of concern or a subdivision thereof, or the furtherance or
   76  influencing of the political or public interest, policies, or
   77  relations of a government of a foreign country of concern or a
   78  subdivision thereof;
   79         3. A partnership, an association, a corporation, an
   80  organization, or other combination of persons organized under
   81  the laws of or having its principal place of business in a
   82  foreign country of concern, or a subsidiary thereof; or
   83         4. Any person who is domiciled in a foreign country of
   84  concern and is not a citizen or lawful permanent resident of the
   85  United States.
   86         (c) “Partnership” means a faculty or student exchange
   87  program, a study abroad program, an articulation program, a
   88  recruiting program, or a dual degree program.
   89         (d) “Political subdivision” has the same meaning as in s.
   90  1.01(8) and includes any entity under the control of or
   91  established for the benefit of the political subdivision.
   92         (e)(c) “Public school” means any education institution
   93  under the supervision of a school district and any entity under
   94  the control of or established for the benefit of a public school
   95  or school district.
   96         (f)(d) “State agency” means any agency or unit of state
   97  government created or established by law and any entity under
   98  the control of or established for the benefit of a state agency.
   99         (g)(e) “State college” means any postsecondary education
  100  institution under the supervision of the State Board of
  101  Education, including any entity under the control of or
  102  established for the benefit of a state college.
  103         (h)(f) “State university” means any state university under
  104  the supervision of the Board of Governors, including any entity
  105  under the control of or established for the benefit of a state
  106  university.
  107         (2) A state agency, political subdivision, or public
  108  school, state college, or state university authorized to expend
  109  state-appropriated funds or levy ad valorem taxes may not
  110  participate in any agreement with or accept any grant from a
  111  foreign country of concern, or any entity controlled by a
  112  foreign country of concern, which:
  113         (a) Constrains the freedom of contract of such public
  114  entity;
  115         (b) Allows the curriculum or values of a program in the
  116  state to be directed or controlled by the foreign country of
  117  concern; or
  118         (c) Promotes an agenda detrimental to the safety or
  119  security of the United States or its residents. Before Prior to
  120  the execution of any cultural exchange agreement with a foreign
  121  country of concern, the substance of the agreement must shall be
  122  shared with federal agencies concerned with protecting national
  123  security or enforcing trade sanctions, embargoes, or other
  124  restrictions under federal law. If such federal agency provides
  125  information suggesting that such agreement promotes an agenda
  126  detrimental to the safety or security of the United States or
  127  its residents, the public entity may not enter into the
  128  agreement.
  129         (3)(a)For the purposes of this subsection only, the term
  130  “agreement” means a written statement of mutual interest in
  131  academic or research collaboration.
  132         (b)Beginning July 1, 2023, a state university or state
  133  college authorized to expend state-appropriated funds may not
  134  accept any grant from or participate in any agreement with any
  135  college or university based in a foreign country of concern, or
  136  with any foreign principal, except as specified in paragraphs
  137  (d) and (e).
  138         (c) Beginning December 1, 2023, a state university or state
  139  college authorized to expend state-appropriated funds may not
  140  accept any grant from or participate in any partnership with any
  141  college or university based in a foreign country of concern, or
  142  with any foreign principal, except as specified in paragraphs
  143  (d) and (e).
  144         (d)A state university may, upon approval by the Board of
  145  Governors, enter into a partnership or an agreement with a
  146  college or university based in a foreign country of concern, or
  147  with a foreign principal, if such partnership or agreement is
  148  deemed by the board to be valuable to students and the state
  149  university and is not detrimental to the safety or security of
  150  the United States or its residents. A partnership or an
  151  agreement approved under this paragraph must meet the other
  152  relevant requirements of this section.
  153         1.The board shall exercise the authority provided pursuant
  154  to s. 1008.322 to sanction a state university pursuant to
  155  subparagraph 2. which, without approval of the board, enters
  156  into a partnership or an agreement with a college or university
  157  based in a foreign country of concern, or with a foreign
  158  principal.
  159         2.The board may withhold additional performance funding
  160  from a state university that, without approval from the board,
  161  enters into a partnership or an agreement with a college or
  162  university based in a foreign country of concern, or with a
  163  foreign principal. The funds must be deposited into the General
  164  Revenue Fund.
  165         (e)A state college may, upon approval by the State Board
  166  of Education, enter into a partnership or an agreement with a
  167  college or university based in a foreign country of concern, or
  168  with a foreign principal, if such partnership or agreement is
  169  deemed by the state board to be valuable to students and the
  170  state college and is not detrimental to the safety or security
  171  of the United States or its residents. A partnership or an
  172  agreement approved under this paragraph must meet the
  173  requirements of this section.
  174         1.Beginning July 1, 2023, the state board shall exercise
  175  the authority provided pursuant to s. 1008.32 to sanction a
  176  state college pursuant to subparagraph 2. which, without
  177  approval from the state board, enters into a partnership or an
  178  agreement with a college or university based in a foreign
  179  country of concern, or with a foreign principal.
  180         2.The state board may withhold additional performance
  181  funding from a state college that, without approval from the
  182  state board, enters into a partnership or an agreement with a
  183  college or university based in a foreign country of concern, or
  184  with a foreign principal. The funds must be deposited into the
  185  General Revenue Fund. The state board may administratively
  186  enforce this section.
  187         (f)By December 1, 2024, and each December 1 thereafter,
  188  the Board of Governors and the Department of Education,
  189  respectively, shall submit a report to the Governor, the
  190  President of the Senate, and the Speaker of the House of
  191  Representatives relating to partnerships and agreements of state
  192  universities and state colleges, respectively, with colleges and
  193  universities based in a foreign country of concern and with
  194  foreign principals. At a minimum, the report must include the
  195  following information for the previous fiscal year:
  196         1.Data reflecting any grant program, agreement,
  197  partnership, or contract between a state university or state
  198  college and any college or university based in a foreign country
  199  of concern, or with a foreign principal.
  200         2.Data reflecting any office, campus, or physical location
  201  used or maintained by a state university or state college in a
  202  foreign country of concern, or with a foreign principal.
  203         3.The date on which any such grant program, agreement,
  204  partnership, or contract reported pursuant to subparagraph 1. is
  205  expected to terminate.
  206         (g)The Board of Governors and the State Board of Education
  207  shall adopt regulations and rules, respectively, to administer
  208  this subsection.
  209         (4)(3) A state agency, political subdivision, public school,
  210  state college, or state university may not accept anything of
  211  value conditioned upon participation in a program or other
  212  endeavor to promote the language or culture of a foreign country
  213  of concern.
  214         (5)(4) For the 2022-2023 fiscal year, notwithstanding
  215  subsection (2), a state agency, political subdivision, public
  216  school, state college, or state university may not enter into any
  217  agreement with or accept any grant from the Russian Federation.
  218  This subsection expires July 1, 2023.
  219         Section 2. Paragraph (h) of subsection (1) of section
  220  286.101, Florida Statutes, is amended, paragraphs (i) and (j) are
  221  added to that subsection, and subsection (10) is added to that
  222  section, to read:
  223         286.101 Foreign gifts and contracts.—
  224         (1) As used in this section, the term:
  225         (h) “State agency” means any agency or unit of state
  226  government created or established by law. For the purposes of
  227  this section only, the term does not include a state university
  228  or a state college.
  229         (i) “State college” means any postsecondary educational
  230  institution under the supervision of the State Board of
  231  Education, including any entity under the control of or
  232  established for the benefit of a state college.
  233         (j) “State university” means any state university under the
  234  supervision of the Board of Governors, including any entity
  235  under the control of or established for the benefit of a state
  236  university.
  237         (10)(a) A state university or state college, or any
  238  employee or representative of a state university or state
  239  college, may not solicit or accept any gift in its official
  240  capacity, including any physical object, loan, reward, promise
  241  of future employment, favor, or service, from a college or
  242  university based in a foreign country of concern or from a
  243  foreign principal as those terms are defined in s. 288.860.
  244         (b) The Board of Governors and the State Board of Education
  245  shall adopt regulations and rules, respectively, to administer
  246  this subsection.
  247         Section 3. Paragraph (s) is added to subsection (1) of
  248  section 1002.421, Florida Statutes, to read:
  249         1002.421 State school choice scholarship program
  250  accountability and oversight.—
  251         (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private
  252  school participating in an educational scholarship program
  253  established pursuant to this chapter must be a private school as
  254  defined in s. 1002.01(2) in this state, be registered, and be in
  255  compliance with all requirements of this section in addition to
  256  private school requirements outlined in s. 1002.42, specific
  257  requirements identified within respective scholarship program
  258  laws, and other provisions of Florida law that apply to private
  259  schools, and must:
  260         (s) Not be owned or operated by a person or an entity
  261  domiciled in, owned by, or in any way controlled by a foreign
  262  country of concern or foreign principal as defined in s.
  263  288.860. A violation of this paragraph constitutes an imminent
  264  threat to the health, safety, and welfare of the school’s
  265  students and to the public, sufficient to justify immediate
  266  suspension of payment of scholarship funds under paragraph
  267  (3)(e), as well as denial, suspension, or revocation of a
  268  school’s participation in a scholarship program under paragraph
  269  (3)(b).
  270  
  271  The department shall suspend the payment of funds to a private
  272  school that knowingly fails to comply with this subsection, and
  273  shall prohibit the school from enrolling new scholarship
  274  students, for 1 fiscal year and until the school complies. If a
  275  private school fails to meet the requirements of this subsection
  276  or has consecutive years of material exceptions listed in the
  277  report required under paragraph (q), the commissioner may
  278  determine that the private school is ineligible to participate
  279  in a scholarship program.
  280         Section 4. This act shall take effect July 1, 2023.