Florida Senate - 2025                                     SB 766
       
       
        
       By Senator Burgess
       
       
       
       
       
       23-00616B-25                                           2025766__
    1                        A bill to be entitled                      
    2         An act relating to the registration of agents and
    3         organizations associated with foreign nations;
    4         creating s. 106.031, F.S.; defining terms; requiring
    5         agents of a foreign principal and foreign-supported
    6         political organizations to register with the Division
    7         of Elections; requiring the division to create
    8         registration forms; providing requirements for such
    9         forms; requiring periodic updates by agents and
   10         organizations; providing penalties for violations;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 106.031, Florida Statutes, is created to
   16  read:
   17         106.031Registration of agents and organizations associated
   18  with foreign nations.—
   19         (1)For purposes of this section, the term:
   20         (a)“Address” includes any address, no matter where
   21  located, inside or outside of the United States.
   22         (b)“Agent of a foreign principal” means a person:
   23         1.Who acts as an agent, an employee, a representative, or
   24  a servant, or who otherwise acts at the order, at the request,
   25  or under the direction or control, of a foreign principal;
   26         2.Whose actions are financed, in whole or in part, by a
   27  foreign principal; and
   28         3.Who engages in political activity.
   29         (c)“Foreign principal” means:
   30         1.The government of a foreign country;
   31         2.A political party or a member of a political party of a
   32  foreign country;
   33         3.A person who is not a citizen or national of the United
   34  States and is not lawfully admitted to the United States for
   35  permanent residency;
   36         4.A partnership, an association, a corporation, an
   37  organization, or any other combination of persons organized
   38  under the laws of or having its principal place of business in a
   39  foreign country; or
   40         5.A domestic partnership, an association, a corporation,
   41  an organization, or any other combination of persons which is at
   42  least 20 percent beneficially owned by a foreign government; a
   43  nonresident alien of a foreign country; or an entity organized
   44  under the laws of or having its principal place of business in a
   45  foreign country.
   46  
   47  If the foreign country that causes a person to be a foreign
   48  principal is the People’s Republic of China, the Russian
   49  Federation, the People’s Republic of North Korea, or the Islamic
   50  Republic of Iran, the foreign principal is also a hostile
   51  foreign principal.
   52         (d)“Foreign-supported political organization” means a
   53  political party or a domestic partnership, an association, a
   54  corporation, an organization, or any other business entity that
   55  has, within the past 5 calendar years, received money or other
   56  things of value from a foreign principal or an agent of a
   57  foreign principal and which engages in political activity.
   58         (e)“Payment” includes compensation and disbursement made
   59  in any form, including, but not limited to, contributions,
   60  income, money, tangible property, and intangible property.
   61         (f)“Political activity” means an activity that is
   62  performed to:
   63         1.Influence an agency, a public official, or a local
   64  government entity;
   65         2.Influence the public in creating, adopting, or changing
   66  state laws or government policies;
   67         3.Support or oppose a candidate for office;
   68         4.Influence the outcome of an election; or
   69         5.Support or oppose any issue.
   70         (2)(a)A person who becomes an agent of a foreign principal
   71  must, within 10 days, register with the division. The
   72  registration must be signed under oath.
   73         (b)The division shall create a form for the registration
   74  required under paragraph (a). Such form must, at a minimum,
   75  require the following information:
   76         1.The registrant’s name.
   77         2.The address of the registrant’s primary residence and
   78  all other addresses associated with the registrant.
   79         3.The name and address of the resident’s principal place
   80  of business.
   81         4.A detailed statement describing the nature of the
   82  registrant’s business.
   83         5.The name of each foreign principal for whom the
   84  registrant is acting, assuming or purporting to act, or has
   85  agreed to act.
   86         6.A detailed statement describing the nature of the work
   87  and the character of the business or other activities of each
   88  foreign principal identified in subparagraph 5.
   89         7.If a foreign principal is not a natural person, a
   90  statement detailing the ownership and control of such foreign
   91  principal.
   92         8.If the foreign principal is not a natural person, a
   93  statement detailing to what extent such foreign principal is
   94  supervised, directed, owned, controlled, financed, or
   95  subsidized, in whole or in part, by any foreign government,
   96  foreign political party, or other foreign principal.
   97         9.A statement detailing each time the registrant received
   98  a payment from a foreign principal identified in subparagraph 5.
   99  in the previous 60 days. The statement must identify the amount
  100  of the payment and the nature of such payment.
  101         10.The total amount of the payments the registrant has
  102  received from a foreign principal identified in subparagraph 5.
  103  in the previous 60 days.
  104         11.A detailed statement of every activity the registrant,
  105  or a person on behalf of the registrant, is performing, has
  106  performed, or has agreed to perform on behalf of a foreign
  107  principal identified in subparagraph 5.
  108         12.If the registrant is also engaged in political activity
  109  on behalf of a person who is not a foreign principal but who is
  110  an agent of a foreign principal, the registrant must include the
  111  following information:
  112         a.The name, employer, business and residence addresses,
  113  and, if applicable, nationality of such person.
  114         b.A detailed statement of every activity the registrant,
  115  or a person on behalf of the registrant, is performing, has
  116  performed, or has agreed to perform on behalf of such person.
  117         c.A statement detailing each time the registrant received
  118  a payment from such person in the previous 60 days. The
  119  statement must identify the amount of the payment and the nature
  120  of such payment.
  121         13.A detailed statement of the payments made by the
  122  registrant during the previous 60 days in connection with
  123  actions taken by the registrant as an agent of, on behalf of, or
  124  in furtherance of the goals of a foreign principal or a person
  125  identified in subparagraph 12.
  126         14.A detailed statement of any payments made by the
  127  registrant during the previous 60 days related to any political
  128  activity.
  129         (c)A registrant must update the information required by
  130  paragraph (b) at least every 90 days.
  131         (d)A person must file as an agent of a foreign principal
  132  for any period of time he or she was engaged in such position.
  133         (3)(a)On or before January 1, 2026, each foreign-supported
  134  political organization must register with the division.
  135         (b)The division shall create a form for the registration
  136  required under paragraph (a). Such form must, at a minimum,
  137  require the following information:
  138         1.The organization’s name and mailing address and the
  139  address of any physical office.
  140         2.The names and titles of all officers or directors of the
  141  organization.
  142         3.The address of each person identified in subparagraph 2.
  143         4.A detailed statement of any payment made by the
  144  organization that would constitute political activity during the
  145  previous calendar year.
  146         5.A detailed statement of any payment made to, or received
  147  by, the organization from a foreign principal or an agent of a
  148  foreign principal during the preceding calendar year.
  149         (c)An organization must update the information required by
  150  paragraph (b) at least every 90 days.
  151         (4)Upon a finding of a violation of this section by the
  152  Florida Elections Commission, in addition to the remedies
  153  provided in ss. 106.265 and 106.27, the following penalties may
  154  be assessed:
  155         (a)For any violation, a fine of up to $500 per violation.
  156         (b)For any willful or repeated violation, a fine of up to
  157  $2,000 per violation.
  158         (c)For any willful or repeated violation in which the
  159  foreign principal is a hostile foreign principal, up to $10,000
  160  per violation and a temporary or permanent ban from future
  161  registration.
  162         Section 2. This act shall take effect July 1, 2025.