Florida Senate - 2025                        COMMITTEE AMENDMENT
       Bill No. SB 766
       
       
       
       
       
       
                                Ì321330aÎ321330                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/31/2025           .                                
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       The Committee on Ethics and Elections (Burgess) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 106.031, Florida Statutes, is created to
    6  read:
    7         106.031Registration of agents and organizations associated
    8  with foreign nations.—
    9         (1)For purposes of this section, the term:
   10         (a)“Address” includes any address, no matter where
   11  located, inside or outside of the United States.
   12         (b)“Agent of a foreign country of concern” means a person:
   13         1.Who acts as an agent, an employee, a representative, or
   14  a servant, or who otherwise acts at the order, at the request,
   15  or under the direction or control, of a foreign country of
   16  concern;
   17         2.Whose actions are financed, in whole or in part, by a
   18  foreign country of concern; and
   19         3.Who engages in political activity.
   20         (c)“Foreign country of concern” has the same meaning as in
   21  s. 288.860.
   22         (d)“Foreign-supported political organization” means a
   23  political party or a domestic partnership, an association, a
   24  corporation, an organization, or any other business entity that
   25  has, within the past 5 calendar years, received money or other
   26  things of value from a foreign country of concern or an agent of
   27  a foreign country of concern and that engages in political
   28  activity.
   29         (e)“Payment” includes compensation and disbursement made
   30  in any form, including, but not limited to, contributions,
   31  income, money, tangible property, and intangible property.
   32         (f)“Political activity” means an activity that is
   33  performed to:
   34         1.Influence an agency, a public official, or a local
   35  governmental entity;
   36         2.Influence the public in creating, adopting, or changing
   37  state laws or government policies;
   38         3.Support or oppose a candidate for office;
   39         4.Influence the outcome of an election; or
   40         5.Support or oppose any issue.
   41         (2)(a)A person who becomes an agent of a foreign country
   42  of concern must, within 10 days after becoming such an agent,
   43  register with the division. The registration must be signed
   44  under oath.
   45         (b)The division shall create a form for the registration
   46  required under paragraph (a). Such form must, at a minimum,
   47  require the following information:
   48         1.The registrant’s name.
   49         2.The address of the registrant’s primary residence and
   50  all other addresses associated with the registrant.
   51         3.The name and address of the registrant’s principal place
   52  of business.
   53         4.A detailed statement describing the nature of the
   54  registrant’s business.
   55         5.The name of each foreign country of concern for whom the
   56  registrant is acting, assuming or purporting to act, or has
   57  agreed to act.
   58         6.A detailed statement describing the nature of the work
   59  and the character of the business or other activities of each
   60  foreign country of concern identified in subparagraph 5.
   61         7.A statement detailing each time the registrant received
   62  a payment from a foreign country of concern identified in
   63  subparagraph 5. within the previous 60 days. The statement must
   64  identify the amount of the payment and the nature of such
   65  payment.
   66         8.The total amount of such payments the registrant has
   67  received within the previous 60 days from a foreign country of
   68  concern identified in subparagraph 5.
   69         9.A detailed statement of every activity the registrant,
   70  or a person on behalf of the registrant, is performing, has
   71  performed, or has agreed to perform on behalf of a foreign
   72  country of concern identified in subparagraph 5.
   73         10.If the registrant is also engaged in political activity
   74  on behalf of a person who is not associated with a foreign
   75  country of concern but who is an agent of a foreign country of
   76  concern, the registrant must include the following information:
   77         a.The name, employer, business and residence addresses,
   78  and, if applicable, nationality of such person.
   79         b.A detailed statement of all activities the registrant,
   80  or a person on behalf of the registrant, is performing, has
   81  performed, or has agreed to perform on behalf of such person.
   82         c.A statement detailing each time the registrant received
   83  a payment from such person within the previous 60 days. The
   84  statement must identify the amount of the payment and the nature
   85  of such payment.
   86         11.A detailed statement of the payments made by the
   87  registrant during the previous 60 days in connection with
   88  actions taken by the registrant as an agent of, on behalf of, or
   89  in furtherance of the goals of a foreign country of concern or a
   90  person identified in subparagraph 10.
   91         12.A detailed statement of any payments made by the
   92  registrant during the previous 60 days related to any political
   93  activity.
   94         (c)A registrant must update the information required by
   95  paragraph (b) at least every 90 days.
   96         (d)A person must file as an agent of a foreign country of
   97  concern for any period of time he or she was engaged in such
   98  position.
   99         (3)(a)On or before January 1, 2026, each foreign-supported
  100  political organization must register with the division.
  101         (b)The division shall create a form for the registration
  102  required under paragraph (a). Such form must, at a minimum,
  103  require the following information:
  104         1.The organization’s name and mailing address and the
  105  address of any physical office.
  106         2.The names and titles of all officers or directors of the
  107  organization.
  108         3.The address of each person identified in subparagraph 2.
  109         4.A detailed statement of any payment made by the
  110  organization that would constitute political activity during the
  111  previous calendar year.
  112         5.A detailed statement of any payment made to, or received
  113  by, the organization from a foreign country of concern or an
  114  agent of a foreign country of concern during the preceding
  115  calendar year.
  116         (c)An organization must update the information required by
  117  paragraph (b) at least every 90 days.
  118         (4)Upon a finding by the Florida Elections Commission of a
  119  violation of this section, in addition to the remedies provided
  120  in ss. 106.265 and 106.27, an organization from a foreign
  121  country of concern or an agent of a foreign country of concern
  122  may be liable for the following penalties:
  123         (a)For any violation, a fine of up to $500 per violation.
  124         (b)For any willful or repeated violation, a fine of up to
  125  $2,000 per violation.
  126         (c)For any willful or repeated violation in which the
  127  foreign country of concern is a hostile foreign country of
  128  concern, a fine of up to $10,000 per violation and a temporary
  129  or permanent ban from future registration.
  130         Section 2. This act shall take effect July 1, 2025.
  131  
  132  ================= T I T L E  A M E N D M E N T ================
  133  And the title is amended as follows:
  134         Delete everything before the enacting clause
  135  and insert:
  136                        A bill to be entitled                      
  137         An act relating to the registration of agents and
  138         organizations associated with foreign countries of
  139         concern; creating s. 106.031, F.S.; defining terms;
  140         requiring agents of foreign countries of concern and
  141         foreign-supported political organizations to register
  142         with the Division of Elections within a specified
  143         timeframe; requiring the registration of an agent of a
  144         foreign country of concern be signed under oath;
  145         requiring the division to create registration forms;
  146         providing requirements for such forms; requiring
  147         periodic updates by agents and organizations;
  148         providing penalties for violations; providing an
  149         effective date.