Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 1678
       
       
       
       
       
       
                                Ì4678503Î467850                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/18/2025           .                                
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       The Committee on Governmental Oversight and Accountability
       (Leek) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 215.4725, Florida Statutes, is amended
    6  to read:
    7         215.4725 Prohibited investments by the State Board of
    8  Administration; companies that boycott Israel.—
    9         (1) DEFINITIONS.—As used in this section, the term:
   10         (a) “Agency” means any of the various state officers,
   11  departments, boards, commissions, divisions, bureaus, and
   12  councils and any other unit of organization, however designated,
   13  of the executive branch of state government.
   14         (b) “Boycott Israel” or “boycott of Israel” means refusing
   15  to deal, terminating business activities, or taking other
   16  actions to limit commercial relations with Israel, or persons or
   17  entities doing business in Israel or in Israeli-controlled
   18  territories, in a discriminatory manner. A statement by a
   19  company, an educational institution, a nonprofit organization,
   20  an agency, a local governmental entity or unit thereof, or a
   21  foreign government that it is participating in a boycott of
   22  Israel, or that it has initiated a boycott in response to a
   23  request for a boycott of Israel or in compliance with, or in
   24  furtherance of, calls for a boycott of Israel, may be considered
   25  by the State Board of Administration to be evidence that a
   26  company or other entity is participating in a boycott of Israel.
   27  The term includes taking adverse action, including changes to
   28  published commercial financial ratings, risk ratings, and
   29  controversy ratings based on nonpecuniary factors, to inflict
   30  economic harm on Israel or persons or entities doing business in
   31  Israel or in Israeli-controlled territories. The term includes
   32  trade practices that are prohibited by federal regulations
   33  issued in compliance with 50 U.S.C. s. 4842 and does not include
   34  trade practices that are preempted by federal law. The term also
   35  includes an academic boycott of Israel in which an educational
   36  institution enacts or implements restrictive policies, or
   37  otherwise participates in activities having the object or effect
   38  of restricting ongoing or potential academic relationships, on
   39  the basis of ties to the State of Israel or its academic,
   40  educational, or research institutions, or by holding
   41  researchers, students, prospective students, guest lecturers,
   42  and artists-in-residence or institutions collectively liable for
   43  any alleged objectionable conduct by the State of Israel. An
   44  educational institution is deemed to have engaged in an academic
   45  boycott of Israel if any of its departments, centers, or other
   46  organs engages in a boycott, or, in the case of a foreign
   47  educational institution, if any faculty union recognized by that
   48  institution engages in a boycott.
   49         (c)(b) “Company” means a sole proprietorship, organization,
   50  association, corporation, partnership, joint venture, limited
   51  partnership, limited liability partnership, limited liability
   52  company, or other entity or business association, including all
   53  wholly owned subsidiaries, majority-owned subsidiaries, and
   54  parent companies, or affiliates, having more than 10 full-time
   55  employees. The term does not include a natural person or a sole
   56  proprietorship that exists for the purpose of making profit.
   57         (d)(c) “Direct holdings” in a company means all securities
   58  of that company that are held directly by the public fund or in
   59  an account or fund in which the public fund owns all shares or
   60  interests.
   61         (e)(d) “Indirect holdings” in a company means all
   62  securities of that company that are held in a commingled fund or
   63  other collective investment, such as a mutual or index fund, in
   64  which the public fund owns shares or interests, together with
   65  other investors not subject to this section or which are held in
   66  an index fund.
   67         (f)“Local governmental entity” means a county,
   68  municipality, special district, or other political subdivision.
   69         (g)“Other entity” means an educational institution,
   70  nonprofit organization, agency, a local governmental entity or
   71  unit thereof, or a foreign government, including any of its
   72  public investment funds, public pension funds, sovereign wealth
   73  funds, or other government-sponsored investment funds.
   74         (h)(e) “Public fund” means all funds, assets, trustees
   75  trustee, and other designates under the State Board of
   76  Administration pursuant to part I of chapter 121.
   77         (i)(f) “Scrutinized companies or other entities” means
   78  companies or other entities that boycott Israel or engage in a
   79  boycott of Israel.
   80         (2) IDENTIFICATION OF COMPANIES OR OTHER ENTITIES.—
   81         (a) The public fund shall make its best efforts to identify
   82  all scrutinized companies or other entities in which the public
   83  fund has direct or indirect holdings or could possibly have such
   84  holdings in the future. Such efforts include:
   85         1. To the extent that the public fund finds it appropriate,
   86  reviewing and relying on publicly available information
   87  regarding companies or other entities that boycott Israel,
   88  including information provided by nonprofit organizations,
   89  research firms, international organizations, and government
   90  entities;
   91         2. Contacting asset managers contracted by the public fund
   92  for information regarding companies or other entities that
   93  boycott Israel; or
   94         3. Contacting other institutional investors that prohibit
   95  such investments or that have engaged with companies or other
   96  entities that boycott Israel.
   97         (b) By the first meeting of the public fund following the
   98  identification of scrutinized companies in accordance with
   99  paragraph (a), the public fund shall compile and make available
  100  the “Scrutinized Companies or Other Entities that Boycott Israel
  101  List.”
  102         (c) The public fund shall update and make publicly
  103  available quarterly the Scrutinized Companies or Other Entities
  104  that Boycott Israel List based on evolving information from,
  105  among other sources, those listed in paragraph (a).
  106         (3) REQUIRED ACTIONS.—The public fund shall adhere to the
  107  following procedures for assembling companies or other entities
  108  on the Scrutinized Companies or Other Entities that Boycott
  109  Israel List.
  110         (a) Engagement.—
  111         1. The public fund shall immediately determine the
  112  companies or other entities on the Scrutinized Companies or
  113  Other Entities that Boycott Israel List in which the public fund
  114  owns direct or indirect holdings or with which the state
  115  currently contracts or has a grant agreement, as detailed under
  116  ss. 287.135 and 265.286, respectively.
  117         2. For each company or other entity newly identified under
  118  this paragraph, the public fund shall send a written notice
  119  informing the company or other entity of its scrutinized company
  120  status and that it may become subject to investment prohibition
  121  or divestment by the public fund or may become barred from
  122  future contracts or grants awarded by the state. The notice must
  123  inform the company or other entity of the opportunity to clarify
  124  its activities regarding the boycott of Israel and encourage the
  125  company or other entity to cease the boycott of Israel within 90
  126  days in order to avoid qualifying for investment prohibition or
  127  divestment.
  128         3. If, within 90 days after the public fund’s first
  129  engagement with a company or other entity pursuant to this
  130  paragraph, the company or other entity ceases a boycott of
  131  Israel, the company or other entity shall be removed from the
  132  Scrutinized Companies or Other Entities that Boycott Israel
  133  List, and the provisions of this section ceases shall cease to
  134  apply to that company or other entity unless that company or
  135  other entity resumes a boycott of Israel.
  136         (b) Divestment.—
  137         1. If, after 90 days following the public fund’s first
  138  engagement with a company or other entity pursuant to paragraph
  139  (a), the company or other entity continues to boycott Israel,
  140  the public fund must sell, redeem, divest, or withdraw all
  141  publicly traded securities of the company or other entity from
  142  the public fund within 12 months after the company’s or other
  143  entity’s most recent appearance on the Scrutinized Companies or
  144  Other Entities that Boycott Israel List.
  145         2. If a company or other entity that ceased a boycott of
  146  Israel following engagement pursuant to paragraph (a) resumes
  147  such activities, this paragraph immediately applies, and the
  148  public fund must send a written notice to the company or other
  149  entity. The company or other entity must also be immediately
  150  reintroduced onto the Scrutinized Companies or Other Entities
  151  that Boycott Israel List, as applicable.
  152         (c) Prohibition.—The public fund is prohibited from
  153  acquiring securities of companies or other entities on the
  154  Scrutinized Companies or Other Entities that Boycott Israel
  155  List, except as provided in paragraph (d) and subsection (6).
  156  The public fund and the endowments and retirement funds of the
  157  State University System may not acquire or hold the debt of a
  158  foreign government that is on the Scrutinized Companies or Other
  159  Entities that Boycott Israel List, or of a foreign government
  160  with a sovereign wealth fund that is on the Scrutinized
  161  Companies or Other Entities that Boycott Israel List where the
  162  foreign government has authority to actively control or manage
  163  the fund.
  164         (d) Excluded securities.—Notwithstanding this section,
  165  paragraphs (b) and (c) do not apply to:
  166         1. Indirect holdings. However, the public fund shall submit
  167  letters to the managers of such investment funds containing
  168  companies that boycott Israel requesting that they consider
  169  removing such companies from the fund or create a similar fund
  170  having indirect holdings devoid of such companies. If the
  171  manager creates a similar fund, the public fund shall replace
  172  all applicable investments with investments in the similar fund
  173  in an expedited timeframe consistent with prudent investing
  174  standards. For the purposes of this section, an alternative
  175  investment, as the term is defined in s. 215.4401, and
  176  securities that are not publicly traded are deemed to be
  177  indirect holdings.
  178         2. Exchange-traded funds.
  179         (4) REPORTING.—
  180         (a) The public fund shall file a report with each member of
  181  the Board of Trustees of the State Board of Administration, the
  182  President of the Senate, and the Speaker of the House of
  183  Representatives which includes the Scrutinized Companies or
  184  Other Entities that Boycott Israel List within 30 days after the
  185  list is created. This report shall be made available to the
  186  public.
  187         (b) At each quarterly meeting of the Board of Trustees
  188  thereafter, the public fund shall file a report, which shall be
  189  made available to the public and to each member of the Board of
  190  Trustees of the State Board of Administration, the President of
  191  the Senate, and the Speaker of the House of Representatives,
  192  which includes:
  193         1. A summary of correspondence with companies or other
  194  entities engaged by the public fund under subsection (3);
  195         2. All investments sold, redeemed, divested, or withdrawn
  196  in compliance with paragraph (3)(b);
  197         3. All prohibited investments under paragraph (3)(c);
  198         4. Any progress made under paragraph (3)(d); and
  199         5. A list of all publicly traded securities held directly
  200  by the public fund.
  201         (5) INVESTMENT POLICY STATEMENT OBLIGATIONS.—The public
  202  fund’s actions taken in compliance with this section, including
  203  all good faith determinations regarding companies or other
  204  entities as required by this act, shall be adopted and
  205  incorporated into the public fund’s investment policy statement
  206  as provided in s. 215.475.
  207         (6) INVESTMENT AND REINVESTMENT IN CERTAIN SCRUTINIZED
  208  COMPANIES OR OTHER ENTITIES.—Notwithstanding any other provision
  209  of this section, the public fund may invest in, cease divestment
  210  from, or reinvest in certain scrutinized companies or other
  211  entities if clear and convincing evidence shows that the value
  212  of all assets under management by the public fund becomes equal
  213  to or less than 99.50 percent, or 50 basis points, of the
  214  hypothetical value of all assets under management by the public
  215  fund, assuming no investment prohibition or divestment for any
  216  company or other entity had occurred under subsection (3).
  217  Cessation of the investment prohibition or the divestment, or
  218  reinvestment or any new investment, in a scrutinized company or
  219  other entity is limited to the minimum steps necessary to avoid
  220  the contingency described in this subsection. For any cessation
  221  of the investment prohibition or divestment, or reinvestment or
  222  new investment authorized by this subsection, the public fund
  223  shall provide a written report to each member of the Board of
  224  Trustees of the State Board of Administration, the President of
  225  the Senate, and the Speaker of the House of Representatives in
  226  advance of the cessation of investment prohibition or the
  227  divestment, or reinvestment or new investment, updated
  228  semiannually thereafter as applicable, setting forth the reasons
  229  and justification, supported by clear and convincing evidence,
  230  for its decisions to cease the investment prohibition or
  231  divestment, or to reinvest in scrutinized companies or other
  232  entities.
  233         (7)The endowment and retirement funds of the universities
  234  of the State University System are required to comply with the
  235  divestment requirement and prohibition of acquiring securities
  236  of companies or other entities on the Scrutinized Companies or
  237  Other Entities that Boycott Israel List. The endowment and
  238  retirement funds of the universities of the State University
  239  System are provided the same exemption as provided in paragraph
  240  (3)(d) of this section.
  241         Section 2. Paragraph (c) of subsection (6) of section
  242  265.286, Florida Statutes, is amended, and paragraphs (d) and
  243  (e) are added to that subsection, to read:
  244         265.286 Art and cultural grants.—
  245         (6) The division shall adopt rules establishing:
  246         (c) The panel review process, including, but not limited
  247  to, criteria for reviewing grant applications to ensure
  248  compliance with applicable federal and state law, including
  249  those related to discrimination and conflicts of interest. For
  250  the purposes of satisfying the nondiscrimination requirements of
  251  this section, each applicant must sign a certification form
  252  attesting to the fact that they are complying with all relevant
  253  antidiscrimination laws, including the anti-boycott rules of
  254  this state pursuant to ss. 215.4725 and 287.135, and will not
  255  engage in antisemitic discrimination as defined by s. 1.015,
  256  including refusals to deal based on an individual’s or entity’s
  257  real or perceived connection to the State of Israel, or engage
  258  in antisemitic speech as defined in s. 1.015, in conjunction
  259  with the program or project for which their grant is awarded.
  260  The division may not award any new grant that will, in whole or
  261  in part, inure to the personal benefit of any council or review
  262  panel member during the member’s term of office if the council
  263  or panel member participated in the vote of the council or panel
  264  recommending the award. This paragraph does not prohibit the
  265  division from awarding a grant to an entity with which a council
  266  or panel member is associated.
  267         (d)A grant applicant found to be engaging in any boycott
  268  action, antisemitic discrimination, or antisemitic speech in
  269  conjunction with the program or project for which the grant is
  270  awarded shall be disqualified from grant eligibility until 10
  271  years after any such action has ceased. A grant recipient found
  272  to have engaged in a boycott of Israel or antisemitic
  273  discrimination during the duration of the project or program for
  274  which its grant was awarded shall be subject to a penalty
  275  payable to the State Treasury of three times the amount of the
  276  grant received for which the false certification was submitted.
  277         (e)If the Attorney General fails to pursue a cause of
  278  action within 90 days after a violation of paragraph (c),
  279  individuals have the right to file a written complaint to the
  280  Attorney General, who in turn will be required to provide a
  281  written response within 30 days after receipt of the complaint.
  282         Section 3. Section 287.135, Florida Statutes, is amended to
  283  read:
  284         287.135 Prohibition against contracting with scrutinized
  285  companies or entities.—
  286         (1) In addition to the terms defined in ss. 287.012 and
  287  215.473, as used in this section, the term:
  288         (a) “Awarding body” means, for purposes of state contracts,
  289  an agency or the department, and for purposes of local
  290  contracts, the governing body of the local governmental entity.
  291         (b) “Boycott of Israel” has the same meaning as defined in
  292  s. 215.4725.
  293         (c) “Business operations” means, for purposes specifically
  294  related to Cuba or Syria, engaging in commerce in any form in
  295  Cuba or Syria, including, but not limited to, acquiring,
  296  developing, maintaining, owning, selling, possessing, leasing,
  297  or operating equipment, facilities, personnel, products,
  298  services, personal property, real property, military equipment,
  299  or any other apparatus of business or commerce.
  300         (d) “Local governmental entity” means a county,
  301  municipality, special district, or other political subdivision
  302  of the state.
  303         (2) A company or other entity is ineligible to, and may
  304  not, bid on, submit a proposal for, or enter into or renew a
  305  contract with an agency or local governmental entity for goods
  306  or services of:
  307         (a) One hundred thousand dollars or more Any amount if, at
  308  the time of bidding on, submitting a proposal for, or entering
  309  into or renewing such contract, the company or other entity is
  310  on the Scrutinized Companies or Other Entities that Boycott
  311  Israel List, created pursuant to s. 215.4725, or is engaged in a
  312  boycott of Israel; or
  313         (b) One million dollars or more if, at the time of bidding
  314  on, submitting a proposal for, or entering into or renewing such
  315  contract, the company or other entity:
  316         1. Is on the Scrutinized Companies with Activities in Sudan
  317  List or the Scrutinized Companies with Activities in Iran
  318  Terrorism Sectors List, created pursuant to s. 215.473; or
  319         2. Is engaged in business operations in Cuba or Syria.
  320         (3)(a) Any contract with an agency or local governmental
  321  entity for goods or services of $1 million or more entered into
  322  or renewed on or after:
  323         1. July 1, 2011, through June 30, 2012, must contain a
  324  provision that allows for the termination of such contract at
  325  the option of the awarding body if the company is found to have
  326  submitted a false certification as provided under subsection (5)
  327  or been placed on the Scrutinized Companies with Activities in
  328  Sudan List or the Scrutinized Companies with Activities in the
  329  Iran Petroleum Energy Sector List.
  330         2. July 1, 2012, through September 30, 2016, must contain a
  331  provision that allows for the termination of such contract at
  332  the option of the awarding body if the company is found to have
  333  submitted a false certification as provided under subsection
  334  (5), been placed on the Scrutinized Companies with Activities in
  335  Sudan List or the Scrutinized Companies with Activities in the
  336  Iran Petroleum Energy Sector List, or been engaged in business
  337  operations in Cuba or Syria.
  338         3. October 1, 2016, through June 30, 2018, must contain a
  339  provision that allows for the termination of such contract at
  340  the option of the awarding body if the company:
  341         a. Is found to have submitted a false certification as
  342  provided under subsection (5);
  343         b. Has been placed on the Scrutinized Companies that
  344  Boycott Israel List, or is engaged in a boycott of Israel;
  345         c. Has been placed on the Scrutinized Companies with
  346  Activities in Sudan List or the Scrutinized Companies with
  347  Activities in the Iran Petroleum Energy Sector List; or
  348         d. Has been engaged in business operations in Cuba or
  349  Syria.
  350         4. July 1, 2018, must contain a provision that allows for
  351  the termination of such contract at the option of the awarding
  352  body if the company is found to have submitted a false
  353  certification as provided under subsection (5), been placed on
  354  the Scrutinized Companies with Activities in Sudan List, or been
  355  engaged in business operations in Cuba or Syria.
  356         5. July 1, 2018, must contain a provision that allows for
  357  the termination of such contract at the option of the awarding
  358  body if the company is found to have submitted a false
  359  certification as provided under subsection (5) or has been
  360  placed on a list created pursuant to s. 215.473, relating to
  361  scrutinized active business operations in Iran.
  362         (b) Any contract with an agency or local governmental
  363  entity for goods or services of any amount entered into or
  364  renewed on or after:
  365         1. July 1, 2018, must contain a provision that allows for
  366  the termination of such contract at the option of the awarding
  367  body if the company is found to have been placed on the
  368  Scrutinized Companies that Boycott Israel List or is engaged in
  369  a boycott of Israel.
  370         2. July 1, 2025, must contain a provision that allows for
  371  the termination of such contract at the option of the awarding
  372  body if the company or other entity is found to have been placed
  373  on the Scrutinized Companies or Other Entities that Boycott
  374  Israel List or is engaged in a boycott of Israel.
  375         (4) Notwithstanding subsection (2) or subsection (3), an
  376  agency or local governmental entity, on a case-by-case basis,
  377  may allow a company on the Scrutinized Companies with Activities
  378  in Sudan List, the Scrutinized Companies with Activities in the
  379  Iran Petroleum Energy Sector List, or the Scrutinized Companies
  380  with Activities in Iran Terrorism Sectors List, or a company
  381  engaged in business operations in Cuba or Syria, to be eligible
  382  for, bid on, submit a proposal for, or enter into or renew a
  383  contract for goods or services of $1 million or more, or may
  384  allow a company or other entity on the Scrutinized Companies or
  385  Other Entities that Boycott Israel List to be eligible for, bid
  386  on, submit a proposal for, or enter into or renew a contract for
  387  goods or services of any amount, under the conditions set forth
  388  in paragraph (a) or the conditions set forth in paragraph (b):
  389         (a)1. With respect to a company on the Scrutinized
  390  Companies with Activities in Sudan List, all of the following
  391  occur:
  392         a. The scrutinized business operations were made before
  393  July 1, 2011.
  394         b. The scrutinized business operations have not been
  395  expanded or renewed after July 1, 2011.
  396         c. The agency or local governmental entity determines that
  397  it is in the best interest of the state or local community to
  398  contract with the company.
  399         d. The company has adopted, has publicized, and is
  400  implementing a formal plan to cease scrutinized business
  401  operations and to refrain from engaging in any new scrutinized
  402  business operations.
  403         2. With respect to a company engaged in business operations
  404  in Cuba or Syria, all of the following occur:
  405         a. The business operations were made before July 1, 2012.
  406         b. The business operations have not been expanded or
  407  renewed after July 1, 2012.
  408         c. The agency or local governmental entity determines that
  409  it is in the best interest of the state or local community to
  410  contract with the company.
  411         d. The company has adopted, has publicized, and is
  412  implementing a formal plan to cease business operations and to
  413  refrain from engaging in any new business operations.
  414         3. With respect to a company or other entity on the
  415  Scrutinized Companies or Other Entities that Boycott Israel
  416  List, all of the following occur:
  417         a. The boycott of Israel was initiated before October 1,
  418  2016.
  419         b. The company or other entity certifies in writing that it
  420  has ceased its boycott of Israel.
  421         c. The agency or local governmental entity determines that
  422  it is in the best interest of the state or local community to
  423  contract with the company or other entity.
  424         d. The company or other entity has adopted, has publicized,
  425  and is implementing a formal plan to cease scrutinized business
  426  operations and to refrain from engaging in any new scrutinized
  427  business operations.
  428         4. With respect to a company on the Scrutinized Companies
  429  with Activities in the Iran Petroleum Energy Sector List as of
  430  November 6, 2023, all of the following occur:
  431         a. The scrutinized business operations were made before
  432  July 1, 2011.
  433         b. The scrutinized business operations have not been
  434  expanded or renewed after July 1, 2011.
  435         c. The agency or local governmental entity determines that
  436  it is in the best interest of the state or local community to
  437  contract with the company.
  438         d. The company has adopted, has publicized, and is
  439  implementing a formal plan to cease scrutinized business
  440  operations and to refrain from engaging in any new scrutinized
  441  business operations.
  442         5. With respect to a company on the Scrutinized Companies
  443  with Activities in Iran Terrorism Sectors List other than those
  444  companies included on the Scrutinized Companies with Activities
  445  in the Iran Petroleum Energy Sector List as of November 6, 2023,
  446  all of the following occur:
  447         a. The scrutinized business operations were made before
  448  January 10, 2024.
  449         b. The scrutinized business operations have not been
  450  expanded or renewed on or after January 10, 2024.
  451         c. The agency or local governmental entity determines that
  452  it is in the best interest of the state or local community to
  453  contract with the company.
  454         d. The company has adopted, has publicized, and is
  455  implementing a formal plan to cease those scrutinized business
  456  operations and to refrain from engaging in any new scrutinized
  457  business operations.
  458         (b) One of the following occurs:
  459         1. The local governmental entity makes a public finding
  460  that, absent such an exemption, the local governmental entity
  461  would be unable to obtain the goods or services for which the
  462  contract is offered.
  463         2. For a contract with an executive agency, the Governor
  464  makes a public finding that, absent such an exemption, the
  465  agency would be unable to obtain the goods or services for which
  466  the contract is offered.
  467         3. For a contract with an office of a state constitutional
  468  officer other than the Governor, the state constitutional
  469  officer makes a public finding that, absent such an exemption,
  470  the office would be unable to obtain the goods or services for
  471  which the contract is offered.
  472         (5) At the time a company submits a bid or proposal for a
  473  contract or before the company enters into or renews a contract
  474  with an agency or local governmental entity for goods or
  475  services of $1 million or more, the company must certify that
  476  the company is not on the Scrutinized Companies with Activities
  477  in Sudan List or the Scrutinized Companies with Activities in
  478  Iran Terrorism Sectors List and that it does not have business
  479  operations in Cuba or Syria. At the time a company or other
  480  entity submits a bid or proposal for a contract or before the
  481  company or other entity enters into or renews a contract with an
  482  agency or local governmental entity for goods or services of any
  483  amount, the company or other entity must certify that the
  484  company or other entity is not participating in a boycott of
  485  Israel.
  486         (a) If, after the agency or the local governmental entity
  487  determines, using credible information available to the public,
  488  that the company or other entity has submitted a false
  489  certification, the agency or local governmental entity shall
  490  provide the company or other entity with written notice of its
  491  determination. The company or other entity shall have 90 days
  492  following receipt of the notice to respond in writing and to
  493  demonstrate that the determination of false certification was
  494  made in error. If the company or other entity does not make such
  495  demonstration within 90 days after receipt of the notice, the
  496  agency or the local governmental entity shall bring a civil
  497  action against the company or other entity. If a civil action is
  498  brought and the court determines that the company or other
  499  entity submitted a false certification, the company or other
  500  entity shall pay the penalty described in subparagraph 1. and
  501  all reasonable attorney fees and costs, including any costs for
  502  investigations that led to the finding of false certification.
  503         1. A civil penalty equal to the greater of $2 million or
  504  twice the amount of the contract for which the false
  505  certification was submitted shall be imposed.
  506         2. The company or other entity is ineligible to bid on any
  507  contract with an agency or local governmental entity for 3 years
  508  after the date the agency or local governmental entity
  509  determined that the company or other entity submitted a false
  510  certification.
  511         (b) A civil action to collect the penalties described in
  512  paragraph (a) must commence within 3 years after the date the
  513  false certification is submitted.
  514         (6) Only the agency or local governmental entity that is a
  515  party to the contract may cause a civil action to be brought
  516  under this section. This section does not create or authorize a
  517  private right of action or enforcement of the penalties provided
  518  in this section. An unsuccessful bidder, or any other person
  519  other than the agency or local governmental entity, may not
  520  protest the award of a contract or contract renewal on the basis
  521  of a false certification.
  522         (7) This section preempts any ordinance or rule of any
  523  agency or local governmental entity involving public contracts
  524  for goods or services of:
  525         (a) One million dollars or more with a company or other
  526  entity engaged in scrutinized business operations.
  527         (b) One hundred thousand dollars or more Any amount with a
  528  company or other entity that has been placed on the Scrutinized
  529  Companies or Other Entities that Boycott Israel List or is
  530  engaged in a boycott of Israel.
  531         (8) The contracting prohibitions in this section applicable
  532  to companies on the Scrutinized Companies with Activities in
  533  Sudan List or the Scrutinized Companies with Activities in Iran
  534  Terrorism Sectors List or to companies engaged in business
  535  operations in Cuba or Syria become inoperative on the date that
  536  federal law ceases to authorize the states to adopt and enforce
  537  such contracting prohibitions.
  538         Section 4. This act shall take effect July 1, 2025.
  539  
  540  ================= T I T L E  A M E N D M E N T ================
  541  And the title is amended as follows:
  542         Delete everything before the enacting clause
  543  and insert:
  544                        A bill to be entitled                      
  545         An act relating to entities that boycott Israel;
  546         amending s. 215.4725, F.S.; defining terms; revising
  547         definitions; requiring the public fund to make its
  548         best efforts to identify certain institutions,
  549         organizations, agencies, governments, and other
  550         entities in which the public fund has direct or
  551         indirect holdings; requiring the public fund to
  552         compile and make available the Scrutinized Companies
  553         or Other Entities that Boycott Israel List; requiring
  554         the public fund to quarterly update and make publicly
  555         available such list; revising the procedures the
  556         public fund must follow for assembling companies or
  557         other entities on such list; requiring the public fund
  558         to file a certain report with each member of the Board
  559         of Trustees of the State Board of Administration and
  560         with the Legislature which includes such list;
  561         requiring the public fund to file a certain report
  562         with a summary of correspondence between other
  563         entities and the public fund; requiring that specified
  564         actions be adopted and incorporated into a certain
  565         statement; amending s. 265.286, F.S.; requiring
  566         applicants to sign a certification form attesting they
  567         comply with specified antidiscrimination laws and will
  568         not engage in antisemitic discrimination or
  569         antisemitic speech in conjunction with the program or
  570         project for which their grant is awarded;
  571         disqualifying for a specified timeframe grant
  572         applicants that engage in boycotts, antisemitic
  573         discrimination, or antisemitic speech; requiring
  574         recipients found to have engaged in boycotts or
  575         antisemitic discrimination in violation of their
  576         certification to pay a specified penalty; authorizing
  577         individuals to file a written complaint to the
  578         Attorney General for not pursuing a cause of action
  579         within a specified timeframe; requiring the Attorney
  580         General to provide a written response within a
  581         specified timeframe; amending s. 287.135, F.S.;
  582         revising the definition of the term “awarding body”;
  583         revising the contract values that prohibit a company
  584         or other entity from being eligible to bid on, submit
  585         a proposal for, or enter into or renew a contract with
  586         an agency or local governmental entity; requiring
  587         agencies and local governmental entities that enter
  588         into or renew a contract to include a specific
  589         termination provision; authorizing agencies and local
  590         governmental entities to bid on, submit a proposal
  591         for, or enter into or renew a contract for goods and
  592         services with other entities that boycott Israel under
  593         specified circumstances; requiring other entities to
  594         submit a certain certification at the same time as
  595         they submit a bid or proposal or enter into or renew a
  596         contract with an agency or local governmental entity;
  597         authorizing civil actions against companies and other
  598         entities under specified conditions; providing an
  599         effective date.