Florida Senate - 2025 SB 1538
By Senator Collins
14-01246B-25 20251538__
1 A bill to be entitled
2 An act relating to contracting with foreign countries
3 of concern; amending s. 287.138, F.S.; removing the
4 definition of the term “controlling interest”;
5 prohibiting governmental entities from entering into
6 certain contracts for products with governments of
7 foreign countries of concern if such governments have
8 specific ownership interests in those products;
9 requiring certain entities that bid or propose to
10 provide goods or services to sign a certain affidavit;
11 removing provisions that prohibit governmental
12 entities from entering into or renewing specified
13 contracts with certain entities if doing so would give
14 access to personal identifying information; amending
15 s. 316.0078, F.S.; conforming provisions to changes
16 made by the act; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Section 287.138, Florida Statutes, is amended to
21 read:
22 287.138 Contracting with entities of foreign countries of
23 concern prohibited.—
24 (1) As used in this section, the term:
25 (a) “Controlling interest” means possession of the power to
26 direct or cause the direction of the management or policies of a
27 company, whether through ownership of securities, by contract,
28 or otherwise. A person or entity that directly or indirectly has
29 the right to vote 25 percent or more of the voting interests of
30 the company or is entitled to 25 percent or more of its profits
31 is presumed to possess a controlling interest.
32 (a)(b) “Department” means the Department of Management
33 Services.
34 (b)(c) “Foreign country of concern” means the People’s
35 Republic of China, the Russian Federation, the Islamic Republic
36 of Iran, the Democratic People’s Republic of Korea, the Republic
37 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
38 Arab Republic, including any agency of or any other entity of
39 significant control of such foreign country of concern.
40 (c)(d) “Governmental entity” means any state, county,
41 district, authority, or municipal officer, department, division,
42 board, bureau, commission, or other separate unit of government
43 created or established by law including, but not limited to, the
44 Commission on Ethics, the Public Service Commission, the Office
45 of Public Counsel, and any other public or private agency,
46 person, partnership, corporation, or business entity acting on
47 behalf of any public agency.
48 (2) A governmental entity may not knowingly enter into a
49 contract for services or to procure or purchase computers,
50 printers, or interoperable or videoconferencing devices or
51 services if the government of a foreign country of concern has
52 an ownership interest in the manufacturer, bidder, or offeror,
53 or any subsidiary or parent entity of the manufacturer, bidder,
54 or offeror of such equipment, devices, or services with an
55 entity which would give access to an individual’s personal
56 identifying information if:
57 (a) The entity is owned by the government of a foreign
58 country of concern;
59 (b) The government of a foreign country of concern has a
60 controlling interest in the entity; or
61 (c) The entity is organized under the laws of or has its
62 principal place of business in a foreign country of concern.
63 (3) Beginning July 1, 2025, a governmental entity may not
64 extend or renew a contract with an entity listed in subsection
65 (2) paragraphs (2)(a)-(c) if the contract would give such entity
66 access to an individual’s personal identifying information.
67 (4)(a) Beginning July January 1, 2025 2024, a governmental
68 entity may not accept a bid on, a proposal for, or a reply to,
69 or enter into, a contract with an entity, or a subsidiary or
70 parent company of an entity, in which the government of a
71 foreign country of concern has any ownership interest which
72 would grant the entity access to an individual’s personal
73 identifying information unless the entity provides the
74 governmental entity with an affidavit signed by an officer or
75 representative of the entity under penalty of perjury attesting
76 that the entity does not meet any of the criteria in paragraphs
77 (2)(a)-(c).
78 (b) A governmental entity must require each entity that
79 submits a bid or proposal to provide goods or services to sign
80 an affidavit, under penalty of perjury, that attests that there
81 is no ownership interest by a government of a foreign country of
82 concern in the entity, subsidiary, or parent company of the
83 entity.
84 (b) Beginning July 1, 2025, when an entity extends or
85 renews a contract with a governmental entity which would grant
86 the entity access to an individual’s personal identifying
87 information, the entity must provide the governmental entity
88 with an affidavit signed by an officer or representative of the
89 entity under penalty of perjury attesting that the entity does
90 not meet any of the criteria in paragraphs (2)(a)-(c).
91 (5) The Attorney General may bring a civil action in any
92 court of competent jurisdiction against an entity that violates
93 this section. Violations of this section may result in:
94 (a) A civil penalty equal to twice the amount of the
95 contract for which the entity submitted a bid or proposal for,
96 replied to, or entered into;
97 (b) Ineligibility to enter into, renew, or extend any other
98 contract, including any grant agreements, with any governmental
99 entity for up to 5 years;
100 (c) Ineligibility to receive or renew any license,
101 certification, or credential issued by a governmental entity for
102 up to 5 years; and
103 (d) Placement on the suspended vendor list pursuant to s.
104 287.1351.
105 (6) Any penalties collected under subsection (5) must be
106 deposited into the General Revenue Fund.
107 (7) The department shall adopt rules to implement this
108 section, including rules establishing the form for the affidavit
109 required under subsection (4).
110 Section 2. Subsection (1) of section 316.0078, Florida
111 Statutes, is amended to read:
112 316.0078 Prohibition on contracting for camera systems of
113 vendors of foreign countries of concern.—
114 (1) As used in this section, the term terms “controlling
115 interest” and “foreign country of concern” has have the same
116 meaning meanings as in s. 287.138(1).
117 Section 3. This act shall take effect July 1, 2025.