Florida Senate - 2025                       CS for CS for SB 766
       
       
        
       By the Appropriations Committee on Transportation, Tourism, and
       Economic Development; the Committee on Ethics and Elections; and
       Senator Burgess
       
       
       
       606-03454-25                                           2025766c2
    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         1.Has its principal place of business in a foreign country
   39  of concern; or
   40         2.Is at least 20 percent beneficially owned by a foreign
   41  country of concern, a nonresident alien from a foreign country
   42  of concern, or an entity organized under the laws of or having
   43  its principal place of business in a foreign country of concern.
   44         (e)“Payment” includes compensation and disbursement made
   45  in any form, including, but not limited to, contributions,
   46  income, money, tangible property, and intangible property.
   47         (f)“Political activity” means an activity that is
   48  performed to:
   49         1.Influence an agency, a public official, or a local
   50  governmental entity;
   51         2.Influence the public in creating, adopting, or changing
   52  state laws or government policies;
   53         3.Support or oppose a candidate for office;
   54         4.Influence the outcome of an election; or
   55         5.Support or oppose any issue.
   56         (2)(a)A person who becomes an agent of a foreign country
   57  of concern must, within 10 days after becoming such an agent,
   58  register with the division. The registration must be signed
   59  under oath.
   60         (b)The division shall create a form for the registration
   61  required under paragraph (a). Such form must, at a minimum,
   62  require the following information:
   63         1.The registrant’s name.
   64         2.The address of the registrant’s primary residence and
   65  all other addresses associated with the registrant.
   66         3.The name and address of the registrant’s principal place
   67  of business.
   68         4.A detailed statement describing the nature of the
   69  registrant’s business.
   70         5.The name of each foreign country of concern for whom the
   71  registrant is acting, assuming or purporting to act, or has
   72  agreed to act.
   73         6.A detailed statement describing the nature of the work
   74  and the character of the business or other activities of each
   75  foreign country of concern identified in subparagraph 5.
   76         7.A statement detailing each time the registrant received
   77  a payment from a foreign country of concern identified in
   78  subparagraph 5. within the previous 60 days. The statement must
   79  identify the amount of the payment and the nature of such
   80  payment.
   81         8.The total amount of such payments the registrant has
   82  received within the previous 60 days from a foreign country of
   83  concern identified in subparagraph 5.
   84         9.A detailed statement of every activity the registrant,
   85  or a person on behalf of the registrant, is performing, has
   86  performed, or has agreed to perform on behalf of a foreign
   87  country of concern identified in subparagraph 5.
   88         10.If the registrant is also engaged in political activity
   89  on behalf of a person who is not associated with a foreign
   90  country of concern but who is an agent of a foreign country of
   91  concern, the registrant must include the following information:
   92         a.The name, employer, business and residence addresses,
   93  and, if applicable, nationality of such person.
   94         b.A detailed statement of all activities the registrant,
   95  or a person on behalf of the registrant, is performing, has
   96  performed, or has agreed to perform on behalf of such person.
   97         c.A statement detailing each time the registrant received
   98  a payment from such person within the previous 60 days. The
   99  statement must identify the amount of the payment and the nature
  100  of such payment.
  101         11.A detailed statement of the payments made by the
  102  registrant during the previous 60 days in connection with
  103  actions taken by the registrant as an agent of, on behalf of, or
  104  in furtherance of the goals of a foreign country of concern or a
  105  person identified in subparagraph 10.
  106         12.A detailed statement of any payments made by the
  107  registrant during the previous 60 days related to any political
  108  activity.
  109         (c)A registrant must update the information required by
  110  paragraph (b) at least every 90 days.
  111         (d)A person must file as an agent of a foreign country of
  112  concern for any period of time he or she was engaged in such
  113  position.
  114         (3)(a)On or before January 1, 2026, each foreign-supported
  115  political organization must register with the division.
  116         (b)The division shall create a form for the registration
  117  required under paragraph (a). Such form must, at a minimum,
  118  require the following information:
  119         1.The organization’s name and mailing address and the
  120  address of any physical office.
  121         2.The names and titles of all officers or directors of the
  122  organization.
  123         3.The address of each person identified in subparagraph 2.
  124         4.A detailed statement of any payment made by the
  125  organization that would constitute political activity during the
  126  previous calendar year.
  127         5.A detailed statement of any payment made to, or received
  128  by, the organization from a foreign country of concern or an
  129  agent of a foreign country of concern during the preceding
  130  calendar year.
  131         (c)An organization must update the information required by
  132  paragraph (b) at least every 90 days.
  133         (4)Upon a finding by the Florida Elections Commission of a
  134  violation of this section, in addition to the remedies provided
  135  in ss. 106.265 and 106.27, an organization from a foreign
  136  country of concern or an agent of a foreign country of concern
  137  may be liable for the following penalties:
  138         (a)For any violation, a fine of up to $500 per violation.
  139         (b)For any willful or repeated violation, a fine of up to
  140  $2,000 per violation.
  141         (c)For any willful or repeated violation in which the
  142  foreign country of concern is a hostile foreign country of
  143  concern, a fine of up to $10,000 per violation and a temporary
  144  or permanent ban from future registration.
  145         Section 2. This act shall take effect July 1, 2025.