Florida Senate - 2025                              CS for SB 766
       
       
        
       By the Committee on Ethics and Elections; and Senator Burgess
       
       
       
       
       
       582-03065-25                                           2025766c1
    1                        A bill to be entitled                      
    2         An act relating to the registration of agents and
    3         organizations associated with foreign countries of
    4         concern; creating s. 106.031, F.S.; defining terms;
    5         requiring agents of foreign countries of concern and
    6         foreign-supported political organizations to register
    7         with the Division of Elections within a specified
    8         timeframe; requiring the registration of an agent of a
    9         foreign country of concern be signed under oath;
   10         requiring the division to create registration forms;
   11         providing requirements for such forms; requiring
   12         periodic updates by agents and organizations;
   13         providing penalties for violations; providing an
   14         effective date.
   15          
   16  Be It Enacted by the Legislature of the State of Florida:
   17  
   18         Section 1. Section 106.031, Florida Statutes, is created to
   19  read:
   20         106.031Registration of agents and organizations associated
   21  with foreign nations.—
   22         (1)For purposes of this section, the term:
   23         (a)“Address” includes any address, no matter where
   24  located, inside or outside of the United States.
   25         (b)“Agent of a foreign country of concern” means a person:
   26         1.Who acts as an agent, an employee, a representative, or
   27  a servant, or who otherwise acts at the order, at the request,
   28  or under the direction or control, of a foreign country of
   29  concern;
   30         2.Whose actions are financed, in whole or in part, by a
   31  foreign country of concern; and
   32         3.Who engages in political activity.
   33         (c)“Foreign country of concern” has the same meaning as in
   34  s. 288.860.
   35         (d)“Foreign-supported political organization” means a
   36  political party or a domestic partnership, an association, a
   37  corporation, an organization, or any other business entity that
   38  has, within the past 5 calendar years, received money or other
   39  things of value from a foreign country of concern or an agent of
   40  a foreign country of concern and that engages in political
   41  activity.
   42         (e)“Payment” includes compensation and disbursement made
   43  in any form, including, but not limited to, contributions,
   44  income, money, tangible property, and intangible property.
   45         (f)“Political activity” means an activity that is
   46  performed to:
   47         1.Influence an agency, a public official, or a local
   48  governmental entity;
   49         2.Influence the public in creating, adopting, or changing
   50  state laws or government policies;
   51         3.Support or oppose a candidate for office;
   52         4.Influence the outcome of an election; or
   53         5.Support or oppose any issue.
   54         (2)(a)A person who becomes an agent of a foreign country
   55  of concern must, within 10 days after becoming such an agent,
   56  register with the division. The registration must be signed
   57  under oath.
   58         (b)The division shall create a form for the registration
   59  required under paragraph (a). Such form must, at a minimum,
   60  require the following information:
   61         1.The registrant’s name.
   62         2.The address of the registrant’s primary residence and
   63  all other addresses associated with the registrant.
   64         3.The name and address of the registrant’s principal place
   65  of business.
   66         4.A detailed statement describing the nature of the
   67  registrant’s business.
   68         5.The name of each foreign country of concern for whom the
   69  registrant is acting, assuming or purporting to act, or has
   70  agreed to act.
   71         6.A detailed statement describing the nature of the work
   72  and the character of the business or other activities of each
   73  foreign country of concern identified in subparagraph 5.
   74         7.A statement detailing each time the registrant received
   75  a payment from a foreign country of concern identified in
   76  subparagraph 5. within the previous 60 days. The statement must
   77  identify the amount of the payment and the nature of such
   78  payment.
   79         8.The total amount of such payments the registrant has
   80  received within the previous 60 days from a foreign country of
   81  concern identified in subparagraph 5.
   82         9.A detailed statement of every activity the registrant,
   83  or a person on behalf of the registrant, is performing, has
   84  performed, or has agreed to perform on behalf of a foreign
   85  country of concern identified in subparagraph 5.
   86         10.If the registrant is also engaged in political activity
   87  on behalf of a person who is not associated with a foreign
   88  country of concern but who is an agent of a foreign country of
   89  concern, the registrant must include the following information:
   90         a.The name, employer, business and residence addresses,
   91  and, if applicable, nationality of such person.
   92         b.A detailed statement of all activities the registrant,
   93  or a person on behalf of the registrant, is performing, has
   94  performed, or has agreed to perform on behalf of such person.
   95         c.A statement detailing each time the registrant received
   96  a payment from such person within the previous 60 days. The
   97  statement must identify the amount of the payment and the nature
   98  of such payment.
   99         11.A detailed statement of the payments made by the
  100  registrant during the previous 60 days in connection with
  101  actions taken by the registrant as an agent of, on behalf of, or
  102  in furtherance of the goals of a foreign country of concern or a
  103  person identified in subparagraph 10.
  104         12.A detailed statement of any payments made by the
  105  registrant during the previous 60 days related to any political
  106  activity.
  107         (c)A registrant must update the information required by
  108  paragraph (b) at least every 90 days.
  109         (d)A person must file as an agent of a foreign country of
  110  concern for any period of time he or she was engaged in such
  111  position.
  112         (3)(a)On or before January 1, 2026, each foreign-supported
  113  political organization must register with the division.
  114         (b)The division shall create a form for the registration
  115  required under paragraph (a). Such form must, at a minimum,
  116  require the following information:
  117         1.The organization’s name and mailing address and the
  118  address of any physical office.
  119         2.The names and titles of all officers or directors of the
  120  organization.
  121         3.The address of each person identified in subparagraph 2.
  122         4.A detailed statement of any payment made by the
  123  organization that would constitute political activity during the
  124  previous calendar year.
  125         5.A detailed statement of any payment made to, or received
  126  by, the organization from a foreign country of concern or an
  127  agent of a foreign country of concern during the preceding
  128  calendar year.
  129         (c)An organization must update the information required by
  130  paragraph (b) at least every 90 days.
  131         (4)Upon a finding by the Florida Elections Commission of a
  132  violation of this section, in addition to the remedies provided
  133  in ss. 106.265 and 106.27, an organization from a foreign
  134  country of concern or an agent of a foreign country of concern
  135  may be liable for the following penalties:
  136         (a)For any violation, a fine of up to $500 per violation.
  137         (b)For any willful or repeated violation, a fine of up to
  138  $2,000 per violation.
  139         (c)For any willful or repeated violation in which the
  140  foreign country of concern is a hostile foreign country of
  141  concern, a fine of up to $10,000 per violation and a temporary
  142  or permanent ban from future registration.
  143         Section 2. This act shall take effect July 1, 2025.