CS for CS for SB 768                             First Engrossed
       
       
       
       
       
       
       
       
       2025768e1
       
    1                        A bill to be entitled                      
    2         An act relating to controlling business interests by
    3         persons with ties to foreign countries of concern;
    4         amending s. 408.810, F.S.; revising minimum health
    5         care provider licensure requirements relating to
    6         persons or entities possessing a specified controlling
    7         interest in the licensee; providing that the failure
    8         of the licensee to obtain certain assurances does not
    9         affect the license or insurability of the licensee and
   10         does not subject the licensee to civil or criminal
   11         liability under specified circumstances; defining
   12         terms and revising definitions; providing an effective
   13         date.
   14          
   15  Be It Enacted by the Legislature of the State of Florida:
   16  
   17         Section 1. Subsection (15) of section 408.810, Florida
   18  Statutes, is amended to read:
   19         408.810 Minimum licensure requirements.—In addition to the
   20  licensure requirements specified in this part, authorizing
   21  statutes, and applicable rules, each applicant and licensee must
   22  comply with the requirements of this section in order to obtain
   23  and maintain a license.
   24         (15)(a) The licensee must ensure that a person or an entity
   25  that who possesses a controlling interest does not hold, either
   26  directly or indirectly, regardless of ownership structure, an
   27  interest in an entity that has a business relationship with a
   28  foreign country of concern or that is subject to s. 287.135.
   29         (b) The failure of a licensee to obtain assurances from a
   30  person or entity that indirectly owns a controlling interest in
   31  the licensee or indirectly holds an interest in an entity as
   32  specified in paragraph (a) does not:
   33         1. Affect the license or insurability of the licensee; or
   34         2. Subject the licensee to civil or criminal liability,
   35  unless the licensee has actual knowledge that an indirect
   36  interest holder is:
   37         a. A foreign principal from a foreign country of concern;
   38  and
   39         b. Not in compliance with the requirements of this section.
   40         (c) For purposes of this subsection, the term:
   41         1. “Business relationship” means engaging in commerce in
   42  any form, including, but not limited to, acquiring, developing,
   43  maintaining, owning, selling, possessing, leasing, or operating
   44  equipment, facilities, personnel, products, services, personal
   45  property, real property, or military equipment, or any other
   46  apparatus of business or commerce.
   47         2. “Foreign country of concern” means the People’s Republic
   48  of China, the Russian Federation, the Islamic Republic of Iran,
   49  the Democratic People’s Republic of Korea, the Republic of Cuba,
   50  the Venezuelan regime of Nicolas Maduro, or the Syrian Arab
   51  Republic, including any agency of such foreign country of
   52  concern has the same meaning as in s. 692.201.
   53         3. “Foreign principal” has the same meaning as in s.
   54  692.201(4).
   55         4. “Indirect interest holder” means, at the time of initial
   56  application or renewal, a person or an entity owning less than 5
   57  percent of the licensee; owning less than 5 percent in the
   58  management company or other entity that contracts with the
   59  licensee to manage the provider; or owning equities in a
   60  publicly traded company that has a controlling interest or
   61  noncontrolling interest in the licensee.
   62         5. “Interest” has the same meaning as in s. 286.101(1).
   63         Section 2. This act shall take effect July 1, 2025.