Florida Senate - 2025 SB 912
By Senator Collins
14-00516-25 2025912__
1 A bill to be entitled
2 An act relating to threats from foreign nations;
3 creating s. 16.81, F.S.; providing legislative intent;
4 defining terms; prohibiting a person from acting as a
5 certain agent unless such person files a specified
6 statement with the Attorney General; requiring that
7 such person file such statement and any supplements
8 thereto with the Attorney General within a specified
9 timeframe; providing filing requirements; providing
10 requirements for the registration statement; requiring
11 an agent who has registered to periodically file
12 supplements with the Attorney General; providing
13 requirements for such supplements; requiring a
14 registrant to give a certain notice within a specified
15 timeframe; authorizing the Attorney General to require
16 supplements to be filed at more frequent intervals;
17 requiring that such statements and supplements be
18 executed under oath; specifying that certain filings
19 may be deemed not in compliance; providing that filing
20 specified statements and supplements does not preclude
21 prosecution under specified circumstances; authorizing
22 the Attorney General to allow incorporation of
23 information or documents by reference; exempting
24 certain agents from the requirement to register with
25 the Attorney General; requiring agents to file a
26 specified number of copies of certain materials with
27 the Attorney General within a certain timeframe;
28 prohibiting an agent in this state from transmitting,
29 through specified means, certain information unless
30 such information contains a certain statement;
31 providing that certain materials are subject to public
32 inspection; prohibiting an agent from transmitting or
33 conveying information to specified entities unless the
34 agent includes a certain statement; requiring an agent
35 to furnish the agent’s registration statement to
36 specified entities under specified conditions for
37 inclusion in the entities’ records; providing that
38 such statements are included in the entities’ records
39 as part of the agent’s testimony; requiring an agent
40 to keep and maintain specified books of account and
41 other records for a specified timeframe; requiring
42 agents to maintain such books of account and other
43 records in accordance with certain practices;
44 providing that such books of account and other records
45 are subject to inspection by certain officials;
46 prohibiting agents from taking certain actions
47 regarding such books of account and records; providing
48 criminal and civil penalties; requiring the Attorney
49 General to retain a specified number of copies of all
50 registration statements in a specified manner;
51 requiring the Attorney General to transmit
52 registration statements and supplements to the United
53 States Secretary of State upon receipt; providing that
54 the failure of the Attorney General to transmit such
55 registration statements and supplements is not a bar
56 to prosecution; authorizing the Attorney General to
57 furnish specified information to certain entities;
58 requiring the Attorney General to periodically submit
59 a certain report to the Legislature, beginning on a
60 specified date; requiring the Attorney General to
61 report monthly on the Office of the Attorney General’s
62 publicly available website certain information;
63 requiring certain officers and directors to comply
64 with specified requirements; providing that
65 dissolution of certain organizations does not relieve
66 their officers and directors of specified
67 requirements; providing criminal penalties for willful
68 violations of specified provisions; providing that
69 agents who willfully violate specified provisions must
70 be expelled from and prohibited from entering any
71 campus of this state; requiring the State University
72 System and the Florida College System to adopt
73 specified rules; providing that proof of the specific
74 identity of a specified foreign principal is
75 permissible but not necessary in certain proceedings;
76 requiring that certain aliens be referred to the
77 Department of Justice for removal proceedings;
78 providing that a failure to file specified statements
79 is a continuing offense as long as the failure
80 persists; authorizing the Attorney General to apply to
81 the courts to enjoin the actions of specified persons;
82 providing that the state court has jurisdiction and
83 authority to issue certain orders; requiring the
84 Attorney General to notify a registrant in writing
85 after making a certain determination; prohibiting a
86 person from acting as a certain agent within a
87 specified timeframe after receiving such notice unless
88 certain conditions exist; prohibiting an agent from
89 entering into a contract that is contingent upon the
90 success of any political activity; requiring state
91 employees to annually submit a certain affidavit;
92 providing that specified students or employees who
93 willfully violate specified provisions must be
94 expelled from and prohibited from entering any
95 institution of higher education; requiring the State
96 University System and the Florida College System to
97 adopt a specified policy; requiring institutions of
98 higher education to develop a specified reporting
99 mechanism; requiring certain active businesses and
100 nonprofits to file a specified form; requiring the
101 Secretary of State to provide such form; requiring the
102 Attorney General to provide specified information on
103 the Office of the Attorney General’s publicly
104 available website; authorizing the Attorney General to
105 exchange certain information with specified entities;
106 providing for retroactive application; requiring
107 specified persons to file registration statements for
108 a specified timeframe; authorizing the Attorney
109 General to adopt rules; creating s. 287.1381, F.S.;
110 providing a short title; providing legislative
111 purpose; defining terms; prohibiting certain companies
112 and entities from entering into agreements relating to
113 critical infrastructure with foreign principals;
114 prohibiting governmental entities from entering into
115 contracts or other agreements relating to critical
116 infrastructure with certain companies; providing
117 exceptions; requiring companies to register with the
118 Department of Management Services to access critical
119 infrastructure; requiring companies to perform
120 specified actions to remain registered with the
121 department; requiring the department to provide
122 certificates to such companies; authorizing the
123 revocation of such certificates under specified
124 circumstances; requiring companies to notify the
125 department under specified conditions; authorizing the
126 department to conduct a certain investigation within a
127 specified timeframe; requiring the Attorney General on
128 behalf of the department to file a request for an
129 injunction with the Supreme Court under certain
130 conditions; requiring that the Supreme Court issue a
131 certain order; requiring the department to notify
132 critical infrastructure entities of known or suspected
133 cyberthreats, vulnerabilities, and adversarial
134 activities in a specified manner; prohibiting the
135 state from using specified software; providing that if
136 any such software is being used, it must be removed
137 and replaced with compliant software; providing that
138 companies that remove and replace such software are
139 not required to obtain additional permits to do so;
140 prohibiting governmental entities and critical
141 infrastructure providers from entering into or
142 renewing certain contracts beginning on a specified
143 date; requiring the department to create certain
144 public listings; creating s. 287.1382, F.S.; providing
145 a short title; providing legislative purpose; defining
146 terms; requiring critical communications
147 infrastructure to have all prohibited equipment
148 removed and replaced; providing that companies
149 engaging in such replacement and removal do not need
150 additional permits; requiring communications providers
151 to file a certain attestation annually with the
152 department; providing civil penalties for late filing
153 of such attestations; requiring such companies to
154 provide the department with information related to a
155 person with managerial responsibilities in this state;
156 requiring communications providers to engage in
157 specified actions; providing administrative penalties
158 for communications providers that violate specified
159 provisions; providing administrative fines for
160 communications providers that submit false
161 attestations or certifications; prohibiting specified
162 communications providers from receiving certain funds;
163 requiring the department to develop and publish
164 quarterly a certain map; specifying requirements for
165 such map; creating s. 943.0315, F.S.; providing a
166 short title; providing legislative intent and policy;
167 defining terms; requiring the Chief of Domestic
168 Security to annually produce and publish a certain
169 risk assessment; requiring that the risk assessment
170 include specified information; creating the Council on
171 Pacific Conflict; requiring the Department of Law
172 Enforcement to provide administrative support;
173 providing for the composition, membership, and
174 appointments of the council; providing that members of
175 the council are entitled to per diem and travel
176 reimbursement; requiring that members be appointed by
177 a specified date; requiring that the first meeting be
178 held by a specified date and at least quarterly
179 thereafter; authorizing the chair of the council to
180 call for a meeting at any time; authorizing the
181 council to retain external advisors for certain
182 purposes; providing that such advisors may not be
183 compensated, but may be reimbursed for per diem and
184 travel expenses; requiring the council to prepare a
185 specified annual report; authorizing the council to
186 perform specified actions; requiring the council to
187 engage with the Division of Emergency Management to
188 apply for a certain grant; requiring the Secretary of
189 Management Services to conduct a supply chain audit
190 and submit a report of such audit to the Governor and
191 the Legislature by a specified date; specifying
192 requirements for the supply chain audit report;
193 requiring the Governor to provide a summary report to
194 the Legislature and the public; prohibiting the
195 inclusion of specified information in the report;
196 requiring the Chief of Domestic Security to lead a
197 specified study, coordinate the research, and develop
198 a report of the study; requiring the Chief of Domestic
199 Security to identify certain critical infrastructure
200 and assets; requiring the Chief of Domestic Security
201 to apply consistent, objective criteria when making
202 such identifications; requiring the Chief of Domestic
203 Security to produce a certain report by a specified
204 date; requiring that the report include specified
205 information; requiring the Chief of Domestic Security
206 to coordinate with specified entities to produce the
207 report; requiring state agencies to provide the Chief
208 of Domestic Security with specified information;
209 requiring the Chief of Domestic Security to develop a
210 process for stakeholders to submit certain
211 information; authorizing the Chief of Domestic
212 Security to coordinate with specified entities;
213 requiring the Chief of Domestic Security to notify
214 certain owners and operators of a certain
215 identification; requiring that such notice include
216 specified information; amending ss. 943.03 and
217 943.0311, F.S.; conforming provisions to changes made
218 by the act; providing a contingent effective date.
219
220 Be It Enacted by the Legislature of the State of Florida:
221
222 Section 1. Section 16.81, Florida Statutes, is created to
223 read:
224 16.81 State Foreign Adversary Registration Act.—
225 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
226 to provide public transparency for the political and propaganda
227 activities and influence operations conducted in this state by
228 agents of adversarial nations and foreign terrorist
229 organizations.
230 (2) DEFINITIONS.—As used in this section, the term:
231 (a) “Adversarial nation” means a country listed in 15
232 C.F.R. s. 7.4(a).
233 (b)1. “Agent of a foreign principal” means:
234 a. A person who acts as an agent, a representative, an
235 employee, or a servant, or in any other capacity, at the order
236 or request or under the direction or control of a foreign
237 principal or a person whose activities are directly or
238 indirectly supervised, directed, controlled, financed, or
239 subsidized in whole or in part by a foreign principal, and who
240 directly or through any other person:
241 (I) Engages in political activities in this state for or in
242 the interests of such foreign principal;
243 (II) Acts as a public relations counsel, a publicity agent,
244 an information service employee, or a political consultant in
245 this state for or in the interests of such foreign principal;
246 (III) Collects, disburses, or dispenses any contribution,
247 loan, money, or other thing of value in this state for or in the
248 interest of such foreign principal; or
249 (IV) Represents the interests of such foreign principal
250 before any agency or official of this state or any of its
251 political subdivisions; and
252 b. A person who agrees, consents, assumes, or purports to
253 act as, or who is or holds himself or herself out to be, whether
254 pursuant to a contractual relationship or not, an agent of a
255 foreign principal as defined in sub-subparagraph a.
256 2. The term does not include a news or press service or
257 association organized under the laws of the United States or of
258 any state or other place subject to the jurisdiction of the
259 United States, or a newspaper, magazine, periodical, or other
260 publication for which there is on file with the United States
261 Postal Service information in compliance with 39 U.S.C. s. 3685,
262 solely by virtue of any bona fide news or journalistic
263 activities, including the solicitation or acceptance of
264 advertisements, subscriptions, or other compensation therefor,
265 so long as it is at least 80 percent beneficially owned by
266 citizens of the United States and its officers and directors, if
267 any, are citizens of the United States, and such news or press
268 service or association, newspaper, magazine, periodical, or
269 other publication is not owned, directed, supervised,
270 controlled, subsidized, or financed, and none of its policies
271 are determined, by any foreign principal, or by an agent of a
272 foreign principal, required to register under this section.
273 (c) “Foreign political party” means an organization or any
274 other combination of individuals in a country other than the
275 United States, or any of the United States’ political
276 subdivisions, having for an aim or purpose, or which is engaged
277 in any activity devoted in whole or in part to, the
278 establishment, administration, or control, or acquisition of
279 administration or control, of a government of a foreign country
280 or any of its political subdivisions, or the furtherance or
281 influencing of the political or public interests, policies, or
282 relations of a government of a foreign country or any of its
283 political subdivisions.
284 (d) “Foreign principal” means:
285 1. A government of a foreign country or a foreign political
286 party;
287 2. A person outside the United States, unless it is
288 established that the person is an individual and is a citizen of
289 and domiciled within the United States, or that the person is
290 not an individual and is organized under or created by the laws
291 of the United States or any state or other place subject to the
292 jurisdiction of the United States and has its principal place of
293 business within the United States;
294 3. A partnership, an association, a corporation, an
295 organization, or other combination of persons organized under
296 the laws of or having its principal place of business in a
297 foreign country;
298 4. A partnership, an association, a corporation, an
299 organization, or other combination of persons which is at least
300 20 percent beneficially owned by a partnership, an association,
301 a corporation, an organization, or other combination of persons
302 organized under the laws of or having its principal place of
303 business in a foreign country; or
304 5. A foreign terrorist organization.
305 (e) “Foreign terrorist organization” means any organization
306 on the United States Department of State’s list of Designated
307 Foreign Terrorist Organizations.
308 (f) “Government of a foreign country” means a person or
309 group of persons exercising sovereign de facto or de jure
310 political jurisdiction over a country other than the United
311 States, or over any part of such country, and includes any
312 subdivision of any such group and any group or agency to which
313 such sovereign de facto or de jure authority or functions are
314 directly or indirectly delegated. The term includes any faction
315 or body of insurgents within a country assuming to exercise
316 governmental authority, regardless of whether such faction or
317 body of insurgents has or has not been recognized by the United
318 States.
319 (g) “Information service employee” means a person who
320 furnishes, disseminates, or publishes accounts, descriptions,
321 information, or data with respect to the political, industrial,
322 employment, economic, social, cultural, or other benefits,
323 advantages, facts, or conditions of any country other than the
324 United States or of any government of a foreign country or of a
325 foreign political party or of a partnership, an association, a
326 corporation, an organization, or other combination of
327 individuals organized under the laws of, or having its principal
328 place of business in, a foreign country.
329 (h) “Political activities” means any activities that the
330 person engaging in believes will, or that are intended to in any
331 way, influence an agency or official of this state or any of its
332 political subdivisions, or any section of the public within this
333 state, with reference to formulating, adopting, or changing the
334 domestic or foreign policies of the United States or of this
335 state with reference to the political or public interests,
336 policies, or relations of a government of a foreign country or a
337 foreign political party.
338 (i) “Political consultant” means a person who informs or
339 advises any other person or entity with reference to the
340 policies of the United States or this state or the political or
341 public interests, policies, or relations of a foreign country or
342 of a foreign political party.
343 (j) “Print” means any newspaper, periodical, book,
344 pamphlet, sheet music, visiting card, address card, printing
345 proof, engraving, photograph, picture, drawing, plan, map,
346 pattern to be cut out, catalog, prospectus, or advertisement;
347 any printed, engraved, lithographed, or autographed notice of
348 various kinds; and, in general, any impression or reproduction
349 obtained on paper or other material assimilable to paper, on
350 parchment or on cardboard, by means of printing, engraving,
351 lithography, autography, or any other easily recognizable
352 mechanical process, with the exception of the copying press,
353 stamps with movable or immovable type, and the typewriter.
354 (k) “Public relations counsel” means a person who directly
355 or indirectly informs, advises, or in any way represents a
356 principal in any public relations matter pertaining to political
357 or public interests, policies, or relations of such principal.
358 (l) “Publicity agent” means a person who directly or
359 indirectly publishes or disseminates oral, visual, graphic,
360 written, or pictorial information or matter of any kind,
361 including publication by means of advertising, books,
362 periodicals, newspapers, lectures, broadcasts, motion pictures,
363 or otherwise.
364 (m) “Registration statement” means the registration
365 statement and any supplements thereto required to be filed with
366 the Attorney General under subsection (3) or subsection (4), and
367 includes all documents and papers required to be filed, whether
368 attached to or incorporated by reference.
369 (3) REQUIREMENTS TO REGISTER AS A FOREIGN AGENT IN THIS
370 STATE.—
371 (a) In order to act as an agent of a foreign principal from
372 an adversarial nation or a foreign terrorist organization, a
373 person must file with the Attorney General a true and complete
374 registration statement and any supplements thereto as required
375 by this paragraph or paragraph (b) unless the person is exempt
376 from registration under subsection (4). Except as otherwise
377 provided, any person who becomes an agent of a foreign principal
378 from an adversarial nation or a foreign terrorist organization
379 must, within 10 days after becoming such agent, file with the
380 Attorney General, in duplicate, a registration statement under
381 oath on a form prescribed by the Attorney General. Such person
382 must file a registration statement for the period during which
383 the person was such an agent, even if the termination of the
384 person’s status occurred before the end of the reporting period.
385 The registration statement must include all of the following
386 information, which must be regarded as material fact for the
387 purposes of this subsection:
388 1. The registrant’s name, principal business address, any
389 other business addresses in the United States or elsewhere, and
390 all residence addresses, if any.
391 2. The immigration status of the registrant; if an
392 individual, the registrant’s nationality; if a partnership, the
393 name, residence addresses, and nationality of each partner and a
394 true and complete copy of the partnership agreement; if an
395 association, a corporation, an organization, or any other
396 combination of individuals, the name, residence addresses, and
397 nationality of each director and officer and of each person
398 performing the functions of a director or officer and a true and
399 complete copy of the charter, articles of incorporation,
400 articles of association, constitution, and bylaws, and
401 amendments thereto; a copy of any other instrument or document
402 and a statement of the terms and conditions of any oral
403 agreement relating to organization, powers, and purposes; and a
404 statement of ownership and control.
405 3. A comprehensive statement of the nature of the
406 registrant’s business; a complete list of the registrant’s
407 employees and a statement outlining the nature of the work of
408 each employee; the name and address of any foreign principal
409 from an adversarial nation or a foreign terrorist organization
410 for whom the registrant is acting, assuming or purporting to
411 act, or has agreed to act; the character of the business or
412 other activities of any such foreign principal from an
413 adversarial nation or a foreign terrorist organization, and, if
414 any such foreign principal from an adversarial nation or a
415 foreign terrorist organization is not an individual, a statement
416 of the ownership and control of each; and the extent, if any, to
417 which each such foreign principal from an adversarial nation or
418 a foreign terrorist organization is supervised, directed, owned,
419 controlled, financed, or subsidized, in whole or in part, by any
420 government of a foreign country or foreign political party, or
421 by any other foreign principal from an adversarial nation or a
422 foreign terrorist organization.
423 4. Copies of each written agreement and the terms and
424 conditions of each oral agreement, including all modifications
425 of such agreements, or, if a contract does not exist, a full
426 statement of all the circumstances that indicate the registrant
427 is an agent of a foreign principal from an adversarial nation or
428 a foreign terrorist organization; a comprehensive statement of
429 the nature and method of performance of each such contract, and
430 of the existing and proposed activity or activities engaged in
431 or to be engaged in by the registrant as agent of a foreign
432 principal from an adversarial nation or a foreign terrorist
433 organization for each such foreign principal from an adversarial
434 nation or a foreign terrorist organization, including a detailed
435 statement of any such activity that is a political activity.
436 5. The nature and dollar amount of contributions, income,
437 money, or thing of value, if any, that the registrant has
438 received within the preceding 180 days from each such foreign
439 principal from an adversarial nation or a foreign terrorist
440 organization, either as compensation or for disbursement or
441 otherwise, and the form and time of each such payment and from
442 whom it was received.
443 6. A detailed statement of any activity that the registrant
444 performs or assumes or purports or has agreed to perform for
445 himself or herself or any other person other than a foreign
446 principal from an adversarial nation or a foreign terrorist
447 organization and that requires his or her registration pursuant
448 to this section, including a detailed statement of any such
449 activity that is a political activity.
450 7. The name, business, and residence addresses, and if an
451 individual, the nationality, of any person other than a foreign
452 principal from an adversarial nation or a foreign terrorist
453 organization for whom the registrant acts, assumes or purports
454 to act, or has agreed to act under such circumstances which
455 require the registrant to register pursuant to this section; the
456 extent to which each such person is supervised, directed, owned,
457 controlled, financed, or subsidized, in whole or in part, by any
458 government of a foreign country or foreign political party or by
459 any other foreign principal from an adversarial nation or a
460 foreign terrorist organization; and the nature and amount of
461 contributions, income, money, or thing of value, if any, that
462 the registrant has received during the preceding 180 days from
463 each such person in connection with any of the activities listed
464 in subparagraph 6., either as compensation or for disbursement
465 or otherwise, and the form and time of each such payment and
466 from whom it was received.
467 8. A detailed statement of the money and other things of
468 value spent or disposed of by the registrant during the
469 preceding 180 days in furtherance of or in connection with
470 activities that require registration pursuant to this section
471 and that have been undertaken by the registrant either as an
472 agent of a foreign principal from an adversarial nation or a
473 foreign terrorist organization or for the registrant or any
474 other person or in connection with any activities relating to
475 the registrant becoming an agent of such foreign principal from
476 an adversarial nation or a foreign terrorist organization, and a
477 detailed statement of any contributions of money or other things
478 of value made by the registrant during the preceding 180 days,
479 other than contributions the making of which is prohibited under
480 52 U.S.C. s. 30121 and s. 106.08(12), in connection with an
481 election to any political office or in connection with any
482 primary election, convention, or caucus held to select
483 candidates for any political office.
484 9. Copies of any written agreement and the terms and
485 conditions of any oral agreement, including all modifications of
486 such agreements, or, if a contract does not exist, a full
487 statement of all the circumstances, by reason of which the
488 registrant performs or assumes or purports or has agreed to
489 perform for a foreign principal from an adversarial nation or a
490 foreign terrorist organization or, for any person other than a
491 foreign principal from an adversarial nation or a foreign
492 terrorist organization, any activities that require the
493 registrant to register pursuant to this section.
494 10. Other statements, information, or documents pertinent
495 to this section, as the Attorney General may require, relating
496 to national security and the public interest.
497 11. Any additional statements and copies of documents that
498 are necessary to ensure the statements made in the registration
499 statement and supplements thereto, and the copies of documents
500 furnished, are not misleading.
501 (b)1. An agent of a foreign principal from an adversarial
502 nation or a foreign terrorist organization who has filed a
503 registration statement as required by paragraph (a) shall,
504 within 30 days after the expiration of each 6-month period after
505 such filing, file with the Attorney General a supplement under
506 oath, on a form prescribed by the Attorney General, which sets
507 forth, with respect to such preceding 6-month period, those
508 facts deemed necessary by the Attorney General, in the interests
509 of national security and the public interest, to maintain the
510 accuracy, completeness, and currentness of the information
511 required under this section.
512 2. In connection with the information furnished under
513 subparagraph (a)3., subparagraph (a)4., subparagraph (a)6., or
514 subparagraph (a)9., the registrant must give notice to the
515 Attorney General of any change within 10 days after the change
516 occurs. The Attorney General may require that supplements to the
517 registration statement be filed at more frequent intervals,
518 which filings may include any information to be furnished under
519 this section.
520 (c)1. If the registrant is an individual, the registrant
521 must execute the registration statement and any supplements
522 under oath.
523 2. If the registrant is a partnership, the majority of the
524 members of such partnership must execute the registration
525 statement and any supplements under oath.
526 3. If the registrant is another entity that is not an
527 individual or a partnership, the majority of the officers of
528 such entity or individuals performing the functions of officers
529 or a majority of the board of directors of such entity must
530 execute the registration statement and any supplements under
531 oath.
532 (d) The filing of a registration statement or a supplement
533 by a registrant pursuant to this section may be deemed not to be
534 in compliance with this section. The Attorney General’s
535 acceptance of such filing is not an indication that the Attorney
536 General has passed upon the merits of the registration statement
537 or the supplement. The late filing of the registration statement
538 and any supplements does not preclude prosecution under this
539 section for willfully failing to file a registration statement
540 or a supplement when due or for willfully filing a false
541 statement of a material fact or for willfully omitting a
542 material fact or a copy of material documents necessary to make
543 the statements in the registration statement or supplements
544 required by this section.
545 (e) The Attorney General may allow an agent of a foreign
546 principal from an adversarial nation or a foreign terrorist
547 organization who is required to register pursuant to this
548 section and has previously registered with the Attorney General
549 pursuant to this section to incorporate by reference any
550 information or documents previously filed by such agent in the
551 registration statement or supplements required by this section.
552 (4) EXEMPTIONS.—Subsection (3) does not apply to the
553 following agents of foreign principals:
554 (a) A duly accredited diplomatic or consular officer of a
555 foreign government who is recognized by the United States
556 Department of State, while the officer is engaged exclusively in
557 activities recognized by the United States Department of State
558 as being within the scope of the officer’s functions;
559 (b) Any official of a foreign government, if the government
560 is recognized by the United States, who is not a public
561 relations counsel, a publicity agent, an information service
562 employee, or a citizen of the United States, and whose name and
563 status and the character of whose duties as such official are of
564 public record with the United States Department of State, while
565 such official is engaged exclusively in activities that are
566 recognized by the Department of State as being within the scope
567 of such official’s functions;
568 (c) Any member of the staff of, or any individual employed
569 by, a duly accredited diplomatic or consular officer of a
570 foreign government who is recognized by the United States
571 Department of State, other than a public relations counsel, a
572 publicity agent, or an information service employee, whose name
573 and status and the character of whose duties as such member or
574 employee are of public record with the United States Department
575 of State, while such member or employee is engaged exclusively
576 in the performance of activities that are recognized by the
577 United States Department of State as being within the scope of
578 such member’s or employee’s functions; or
579 (d) Any individual qualified to practice law in this state,
580 insofar as he or she engages or agrees to engage in the legal
581 representation of a disclosed foreign principal from an
582 adversarial nation or a foreign terrorist organization before
583 any court of law in this state or any political subdivision of
584 this state. For the purposes of this section, legal
585 representation does not include attempts to influence or
586 persuade agency personnel or officials other than in the course
587 of judicial proceedings, criminal or civil law enforcement
588 inquiries, investigations, or proceedings, or agency proceedings
589 required by statute or regulation to be conducted on the record.
590 (5) FILING AND LABELING OF INFORMATIONAL MATERIALS.—
591 (a) Any person within this state who is an agent of a
592 foreign principal from an adversarial nation or a foreign
593 terrorist organization and who is required to register pursuant
594 to this section and who transmits or causes to be transmitted in
595 the United States mail, through digital communication, or by any
596 means or instrumentality of interstate or foreign commerce any
597 informational materials for or in the interests of such foreign
598 principal from an adversarial nation or a foreign terrorist
599 organization in print or in any other form that is reasonably
600 adapted to being, or which the agent believes will be or intends
601 to be, disseminated or circulated among two or more persons must
602 file with the Attorney General two copies of such materials no
603 later than 48 hours after the transmission.
604 (b) It is unlawful for a person within this state who is an
605 agent of a foreign principal from an adversarial nation or a
606 foreign terrorist organization and who is required to register
607 pursuant to this section to transmit or cause to be transmitted
608 in the United States mail, through digital communication, or by
609 any means or instrumentality of interstate or foreign commerce
610 any informational materials for or in the interests of such
611 foreign principal from an adversarial nation or a foreign
612 terrorist organization without placing in such informational
613 materials a conspicuous statement that the materials are
614 distributed by the agent on behalf of the foreign principal from
615 an adversarial nation or a foreign terrorist organization, and
616 that additional information is on file with the Attorney
617 General. The Attorney General may adopt rules to implement this
618 paragraph.
619 (c) The copies of informational materials required to be
620 filed with the Attorney General must be available for public
621 inspection under s. 24, Art. I of the State Constitution and
622 chapter 119.
623 (d) It is unlawful for a person within this state who is an
624 agent of a foreign principal from an adversarial nation or a
625 foreign terrorist organization and who is required to register
626 pursuant to this section to transmit, convey, or otherwise
627 furnish to any agency or official of this state or its political
628 subdivisions, including a member or committee of the House of
629 Representatives or the Senate or a member or committee of
630 another political subdivision, for or in the interests of such
631 foreign principal from an adversarial nation or a foreign
632 terrorist organization, any political propaganda, or to request
633 from any such agency or official for or in the interests of such
634 foreign principal from an adversarial nation or a foreign
635 terrorist organization any information or advice with respect to
636 any matter pertaining to the political or public interests,
637 policies, or relations of an adversarial nation or a foreign
638 terrorist organization or of a political party from an
639 adversarial nation or a foreign terrorist organization or
640 pertaining to the foreign or domestic policies of the United
641 States or of this state unless the propaganda or the request is
642 prefaced or accompanied by a true and accurate statement to the
643 effect that such person is registered as an agent of such
644 foreign principal from an adversarial nation or a foreign
645 terrorist organization pursuant to this section.
646 (e) If any agent of a foreign principal from an adversarial
647 nation or a foreign terrorist organization required to register
648 under this section appears before any committee of the
649 Legislature or the governing body of a county or a municipality
650 to testify for or in the interests of such foreign principal
651 from an adversarial nation or a foreign terrorist organization,
652 the agent must, at the time of such appearance, furnish the
653 committee or governing body with a copy of the agent’s most
654 recent registration statement filed with the Attorney General
655 for inclusion in the records of the committee or governing body
656 as part of the agent’s testimony.
657 (6) MAINTENANCE OF BOOKS AND RECORDS.—An agent of a foreign
658 principal from an adversarial nation or a foreign terrorist
659 organization registered pursuant to this section must, while an
660 agent of a foreign principal from an adversarial nation or a
661 foreign terrorist organization, keep and maintain books of
662 account and other records regarding all of the agent’s
663 activities, the disclosure of which is required pursuant to this
664 section. Such agent shall maintain such books of account and
665 other records for 3 years after the person is no longer
666 registered as an agent as required by this section.
667 (a)1. The agent shall maintain such books of account and
668 other records in accordance with standard business and
669 accounting practices.
670 2. The Attorney General may adopt rules to implement this
671 paragraph.
672 (b) Any agent of a foreign principal from an adversarial
673 nation or a foreign terrorist organization must keep and
674 maintain books of account and preserve all written records with
675 respect to the person’s activities. Such books and records must
676 be open at all reasonable times to inspection by any official
677 charged with the enforcement of this section.
678 (c) It is unlawful for any person to willfully conceal,
679 destroy, obliterate, mutilate, or falsify, or to attempt to
680 conceal, destroy, obliterate, mutilate, or falsify, or to cause
681 to be concealed, destroyed, obliterated, mutilated, or
682 falsified, any books or records required to be kept or
683 maintained under this subsection.
684 (d) A person who violates this subsection commits a
685 misdemeanor of the first degree, punishable as provided in s.
686 775.082 or s. 775.083, or punishable by a fine of not more than
687 $50,000, or both.
688 (7) PUBLIC TRANSPARENCY AND EXAMINATION OF OFFICIAL
689 RECORDS.—
690 (a) The Attorney General shall retain one copy of all
691 registration statements furnished under this section which are
692 public records and open to public examination and inspection as
693 required under s. 24, Art. I of the State Constitution and
694 chapter 119.
695 (b) The Attorney General shall, promptly upon receipt,
696 transmit one copy of any registration statement and any
697 amendments or supplements to the United States Secretary of
698 State. Failure of the Attorney General to transmit a copy is not
699 a bar to prosecution under this section.
700 (c) The Attorney General may furnish to any department or
701 agency or committee of the Legislature any information obtained
702 in the administration of this section.
703 (d) Beginning January 1, 2026, and every 6 months
704 thereafter, the Attorney General shall submit a report to the
705 President of the Senate and the Speaker of the House of
706 Representatives. The report must include information detailing
707 the Attorney General’s administration of this section,
708 including, but not limited to, registrations filed pursuant to
709 this section and the nature, sources, and content of political
710 propaganda disseminated and distributed.
711 (e) The Attorney General shall report monthly on the Office
712 of the Attorney General’s publicly available website information
713 related to the administration of this section, including
714 registrations filed and the nature, sources, and content of
715 political propaganda disseminated and distributed.
716 (8) LIABILITY OF OFFICERS.—An officer or an individual
717 performing the functions of an officer or a director or an
718 individual performing the functions of a director of an agent of
719 a foreign principal from an adversarial nation or a foreign
720 terrorist organization, which agent is not an individual, shall
721 comply with the requirements of this section. Dissolution of any
722 organization acting as an agent of a foreign principal from an
723 adversarial nation or a foreign terrorist organization does not
724 relieve any officer or individual performing the functions of an
725 officer or any director or individual performing the functions
726 of a director from the requirement to comply with this section.
727 If such an agent fails to comply with the requirements of this
728 section, each of the agent’s officers or persons performing the
729 functions of officers or each of the agent’s directors or
730 persons performing the functions of directors may be prosecuted.
731 (9) ENFORCEMENT AND PENALTIES.—
732 (a) Except as provided in subsection (6) or paragraph (h),
733 a person who:
734 1. Willfully violates this section or any rule adopted
735 under this section commits a felony of the third degree,
736 punishable as provided in s. 775.082, s. 775.083, or s. 775.084,
737 or punishable by a fine of not more than $100,000, or both; or
738 2. In any registration statement, supplement, or other
739 document filed with or furnished to the Attorney General under
740 this section, willfully makes a false statement of a material
741 fact, willfully omits any material fact required to be stated,
742 or willfully omits a material fact or a copy of a material
743 document necessary to ensure that the statements and the copies
744 of documents furnished are not misleading commits a felony of
745 the third degree, punishable as provided in s. 775.082, s.
746 775.083, or s. 775.084, or punishable by a fine of not more than
747 $100,000, or both.
748 (b) A person who is a student, a faculty member, a
749 researcher, an adjunct professor, or otherwise employed by or
750 associated with the State University System or Florida College
751 System and who:
752 1. Willfully violates this section or any rules adopted by
753 the Attorney General, upon conviction, must be expelled or
754 dismissed from any role with an institution of higher education
755 in this state and must be prohibited from entering any campus in
756 this state; or
757 2. In any registration statement or supplement thereto or
758 any other document filed with or furnished to the Attorney
759 General pursuant to this section, willfully makes a false
760 statement of a material fact, willfully omits any material fact
761 required to be stated in the registration statement, or
762 furnishes misleading supplements or copies of documents, upon
763 conviction, must be expelled or dismissed from any role with an
764 institution of higher education in this state and must be
765 prohibited from entering any campus in this state.
766 (c) Each institution in the State University System or the
767 Florida College System shall adopt rules for permanent expulsion
768 and dismissal of an individual found in violation of this
769 section.
770 (d) In any proceeding under this section in which a person
771 is charged with being an agent of a foreign principal from an
772 adversarial nation or a foreign terrorist organization with
773 respect to a foreign principal outside of the United States,
774 proof of the specific identity of the foreign principal from an
775 adversarial nation or a foreign terrorist organization is
776 permissible but is not necessary.
777 (e) Any alien who is convicted of a violation of, or a
778 conspiracy to violate, any provision of this section or any rule
779 adopted under this section must be referred to the United States
780 Department of Justice for removal pursuant to the Immigration
781 and Nationality Act.
782 (f) Notwithstanding any other law, failure to file the
783 registration statement or any supplement as required by
784 paragraph (3)(a) or paragraph (3)(b) is considered a continuing
785 offense for as long as such failure persists.
786 (g) If a person is engaged in or about to engage in any
787 acts that constitute or will constitute a violation of this
788 section or rules adopted under this section, or if any agent of
789 a foreign principal from an adversarial nation or a foreign
790 terrorist organization fails to comply with this section or any
791 rules adopted under this section, the Attorney General may apply
792 to the appropriate state court for an order enjoining such acts
793 or enjoining such person from continuing to act as an agent of a
794 foreign principal from an adversarial nation or a foreign
795 terrorist organization, or may apply for an order requiring
796 compliance with this section or any rules adopted under this
797 section. The state court has jurisdiction and the authority to
798 issue a temporary or permanent injunction, restraining order, or
799 other such order.
800 (h) If the Attorney General determines that a registration
801 statement does not comply with the requirements of this section
802 or any rules adopted under this section, he or she must notify
803 the registrant in writing, specifying how the statement is
804 deficient. It is unlawful for any person to act as an agent of a
805 foreign principal from an adversarial nation or a foreign
806 terrorist organization at any time 10 days or more after receipt
807 of such notification without filing an amended registration
808 statement in full compliance with the requirements imposed by
809 this section. A person who violates this paragraph commits a
810 misdemeanor of the first degree, punishable as provided in s.
811 775.082 or s. 775.083, or punishable by a fine of not more than
812 $50,000, or both.
813 (i) It is unlawful for an agent of a foreign principal from
814 an adversarial nation or a foreign terrorist organization
815 required to register under this section to be a party to any
816 contract, agreement, or understanding, either express or
817 implied, with the foreign principal from an adversarial nation
818 or a foreign terrorist organization pursuant to which the amount
819 or payment of the compensation, fee, or other remuneration of
820 the agent is contingent in whole or in part upon the success of
821 any political activities carried out by the agent.
822 (10) ATTESTATIONS FOR STATE INSTITUTIONS AND BUSINESSES.—
823 (a) Annually, an employee of this state shall submit a
824 signed affidavit to his or her employer attesting that the
825 employee is not an agent of a foreign principal from an
826 adversarial nation or a foreign terrorist organization.
827 (b) A person who is a student, a faculty member, a
828 researcher, or an adjunct professor or who is otherwise employed
829 by or associated with the State University System or the Florida
830 College System and who willfully violates this section, makes a
831 false statement of material fact, or willfully omits any
832 material fact required to be stated in any registration
833 statement or supplement pursuant to this section or in any other
834 document filed with the Attorney General’s office must be
835 permanently expelled and dismissed from any role with the
836 institution of higher education in this state and must be
837 prohibited from entering any institution of higher education’s
838 campus in this state. Each institution of the State University
839 System and the Florida College System shall adopt a policy for
840 the expulsion or dismissal of any individual who has violated
841 this section.
842 (c) Each institution of higher education in this state
843 shall develop a reporting mechanism for students who are former
844 citizens of an adversarial nation or who are dissidents against
845 or critics of an adversarial nation or a foreign terrorist
846 organization and who are being harassed by an agent of a foreign
847 principal from an adversarial nation or a foreign terrorist
848 organization to file a report with the institution of higher
849 education describing the harassment.
850 (d) An active business or a nonprofit operating within this
851 state shall attest in writing that such business or nonprofit is
852 cognizant of and in compliance with this section. The Secretary
853 of State shall provide a simple 1-page attestation form for all
854 businesses and nonprofits operating within this state to attest
855 to their compliance with this section.
856 (11) DATA SHARING AND PUBLIC TRANSPARENCY.—
857 (a) In order to increase public transparency, the Attorney
858 General shall provide information about the registrant,
859 including, but not limited to, the registration statement and
860 activities of the agent, on the Office of the Attorney General’s
861 publicly available website.
862 (b) The Attorney General may exchange information collected
863 pursuant to this section with government officials of other
864 states to increase the transparency and registration compliance
865 of agents of foreign principals from adversarial nations or
866 foreign terrorist organizations which operate in multiple
867 states.
868 (12) APPLICATION.—The requirements of this section are
869 retroactive for any person who acted as an agent of a foreign
870 principal from an adversarial nation or a foreign terrorist
871 organization at any time after January 1, 2019. Such person
872 shall file with the Attorney General a registration statement
873 and any supplements as required by subsection (3) for any
874 activities occurring between January 1, 2019, and July 1, 2025.
875 (13) RULEMAKING.—The Attorney General may adopt rules to
876 administer this section.
877 Section 2. Section 287.1381, Florida Statutes, is created
878 to read:
879 287.1381 Florida Critical Infrastructure Protection Act.—
880 (1) SHORT TITLE.—This section may be cited as the “Florida
881 Critical Infrastructure Protection Act.”
882 (2) PURPOSE.—The purpose of this section is to protect this
883 state’s critical infrastructure by prohibiting foreign
884 adversaries from accessing state critical infrastructure, by
885 assessing Florida’s vulnerability to sanctioned communication
886 equipment, and by prohibiting the use of adversary cameras and
887 laser sensor technologies in this state’s transportation
888 systems.
889 (3) DEFINITIONS.—As used in this section, the term:
890 (a) “Company” means nonprofit organization or a for-profit
891 sole proprietorship, organization, association, corporation,
892 partnership, joint venture, limited partnership, limited
893 liability partnership, or limited liability company, including a
894 wholly owned subsidiary, a majority-owned subsidiary, a parent
895 company, or an affiliate of those entities or business
896 associations.
897 (b) “Country of concern” has the same meaning as the term
898 “foreign country of concern” in s. 286.101.
899 (c) “Critical infrastructure” means systems and assets,
900 whether physical or virtual, so vital to this state or the
901 country that the incapacity or destruction of such systems and
902 assets would have a debilitating impact on state or national
903 security, state or national economic security, state or national
904 public health, or any combination thereof. Critical
905 infrastructure may be publicly or privately owned and includes,
906 but is not limited to:
907 1. Gas and oil production, storage, or delivery systems.
908 2. Water supply, treatment, storage, or delivery systems.
909 3. Telecommunications networks.
910 4. Electrical power delivery systems.
911 5. Emergency services.
912 6. Transportation systems and services.
913 7. Personal data or other classified information storage
914 systems, including cybersecurity.
915 (d) “Cybersecurity” means the measures taken to protect a
916 computer, computer network, computer system, or other technology
917 infrastructure against unauthorized use or access.
918 (e) “Domicile” means either the country in which a company
919 is registered, or where the company’s affairs are primarily
920 completed, or the country in which the majority of a company’s
921 ownership share is held.
922 (f) “Foreign principal” means all of the following:
923 1. The government or any official of the government of a
924 country of concern.
925 2. A political party or member of a political party or any
926 subdivision of a political party of a country of concern.
927 3. A partnership association, corporation, organization, or
928 other combination of persons organized under the laws of or
929 having its principal place of business in a country of concern,
930 or a subsidiary of such entity, or owned or controlled wholly or
931 in part by any person, entity, or collection of persons or
932 entities of a country of concern.
933 4. Any person who is domiciled in a country of concern and
934 is not a citizen or lawful permanent resident of the United
935 States.
936 5. Any person, entity, or collection of persons or entities
937 described in subparagraphs 1.-4. having a controlling interest
938 in a partnership, association, corporation, organization, trust,
939 or any other legal entity or subsidiary formed for the purpose
940 of owning real property.
941 (g) “Software” means any program or routine, or any set of
942 one or more programs or routines, which is used or intended for
943 use to cause one or more computers or pieces of computer-related
944 peripheral equipment, or any combination thereof, to perform a
945 task or set of tasks related to state infrastructure. The term
946 includes any operational software.
947 (4) PROHIBITED ACCESS TO INFRASTRUCTURE.—
948 (a) A company or other entity constructing, repairing,
949 operating, or otherwise having significant access to critical
950 infrastructure may not enter into an agreement relating to
951 critical infrastructure within this state with a foreign
952 principal if the agreement allows the foreign principal from a
953 country of concern to directly or remotely access or control
954 critical infrastructure in this state.
955 (b) A governmental entity may not enter into a contract or
956 other agreement relating to critical infrastructure in this
957 state with a company that is a foreign principal if the
958 agreement allows the foreign principal to directly or remotely
959 access or control critical infrastructure in this state.
960 (c) Notwithstanding paragraph (a) or paragraph (b), an
961 entity or governmental entity may enter into a contract relating
962 to critical infrastructure with a foreign principal or use
963 products or services produced by a foreign principal if all of
964 the following apply:
965 1. There is no reasonable alternative for addressing the
966 need relevant to critical infrastructure.
967 2. The contract is preapproved by the department.
968 3. Not entering into such contract or agreement would pose
969 a greater threat to this state than the threat associated with
970 entering into the contract.
971 (5) REQUIREMENTS FOR ACCESS TO CRITICAL INFRASTRUCTURE.—
972 (a) In order to access critical infrastructure, a company
973 shall register with the department by filing a certification
974 form that the department prescribes by rule.
975 (b) To remain registered with the department to access
976 critical infrastructure, a company must do all of the following:
977 1. Identify all employee positions in the organization
978 which have access to critical infrastructure.
979 2. Before hiring a person or allowing such person to
980 continue to have access to critical infrastructure, obtain from
981 the Department of Law Enforcement a background screening to
982 protect critical infrastructure from infiltration or
983 interference by a country of concern.
984 3. Prohibit foreign nationals from a country of concern
985 from accessing critical infrastructure.
986 4. Disclose any ownership of, partnership with, or control
987 from any entity not domiciled within the United States.
988 5. Store and process all data generated by such critical
989 infrastructure on domestic servers.
990 6. Use cloud service providers or data centers that are
991 located within the United States.
992 7. Immediately report any cyberattack, security breach, or
993 suspicious activity to the department.
994 8. Comply with subsection (4).
995 (c) The department shall provide a certificate to a company
996 that complies with this section and shall revoke such
997 certificate if the company is no longer in compliance with this
998 section.
999 (6) POWERS OF THE DEPARTMENT OF MANAGEMENT SERVICES.—
1000 (a) The department must be notified by the owner of a
1001 critical infrastructure installation of any proposed sale or
1002 transfer of such critical infrastructure to, or proposed
1003 investment in such critical infrastructure by, an entity
1004 domiciled outside of the United States or an entity owned in
1005 whole or in part by a country of concern.
1006 (b) The department must investigate the proposed sale,
1007 transfer, or investment within 30 days after receiving the
1008 notice. If the department finds, beyond a reasonable doubt, that
1009 such proposed sale, transfer, or investment threatens critical
1010 infrastructure security, state economic security, public health,
1011 or any combination thereof, the Attorney General on behalf of
1012 the department shall file a request for an injunction opposing
1013 the proposed sale, transfer, or investment with the Supreme
1014 Court.
1015 (c) If the Supreme Court finds that such sale, transfer, or
1016 investment poses a reasonable threat to state critical
1017 infrastructure security, state economic security, state or
1018 national public health, or any combination thereof, the Supreme
1019 Court shall issue an order denying such sale, transfer, or
1020 investment.
1021 (d) The department shall notify critical infrastructure
1022 entities of known or suspected cyberthreats, vulnerabilities,
1023 and adversarial activities in a manner consistent with the goals
1024 of:
1025 1. Identifying and closing similar vulnerabilities in like
1026 critical infrastructure installations or processes, especially
1027 after being notified of activity under subparagraph (5)(b)7.
1028 2. Maintaining operational security and normal functioning
1029 of critical infrastructure.
1030 3. Protecting the rights of private critical infrastructure
1031 entities by maintaining the confidentiality of trade secrets or
1032 other proprietary information, but only to the extent that such
1033 precaution does not inhibit the ability of the department to
1034 effectively communicate the threat of a known or suspected
1035 exploit or adversarial activity.
1036 (7) PROHIBITIONS ON CERTAIN SOFTWARE IN CRITICAL
1037 INFRASTRUCTURE.—
1038 (a) Software used in state infrastructure located within or
1039 serving this state may not include any software produced by a
1040 company headquartered in and subject to the laws of a country of
1041 concern, or a company under the direction or control of a
1042 country of concern.
1043 (b) All software used in state infrastructure in operation
1044 within or serving this state, including any state infrastructure
1045 that is not permanently disabled, which is prohibited by
1046 paragraph (6)(a) or paragraph (6)(b) must be removed and
1047 replaced with software that is not prohibited by such
1048 paragraphs.
1049 (c) Any state infrastructure provider that removes,
1050 discontinues, or replaces any prohibited software may not be
1051 required to obtain any additional permits from any state agency
1052 or political subdivision for the removal, discontinuance, or
1053 replacement of such software as long as the state agency or
1054 political subdivision is properly notified of the necessary
1055 replacements and the replacement software is similar to the
1056 existing software.
1057 (8) PROHIBITION ON VIDEO SURVEILLANCE AND LASER SENSOR
1058 TECHNOLOGY VENDORS.—
1059 (a) On or after July 1, 2026, a governmental entity or
1060 critical infrastructure provider may not knowingly enter into or
1061 renew a contract with a video surveillance or software
1062 technology provider if:
1063 1. The contracting vendor is owned by the government of a
1064 country of concern;
1065 2. The government of a country of concern has a controlling
1066 interest in the contracting vendor; or
1067 3. The contracting vendor is selling a product produced by
1068 a government of a country of concern, a company primarily
1069 domiciled in a country of concern, or a company owned or
1070 controlled by a company primarily domiciled in a country of
1071 concern.
1072 (b) On or after July 1, 2026, a governmental entity or
1073 critical infrastructure provider may not knowingly enter into or
1074 renew a contract with a LiDAR technology provider if:
1075 1. The contracting vendor is owned by the government of a
1076 country of concern;
1077 2. The government of a country of concern has a controlling
1078 interest in the contracting vendor; or
1079 3. The contracting vendor is selling a product produced by
1080 a government of a country of concern, a company primarily
1081 domiciled in a country of concern, or a company owned or
1082 controlled by a company primarily domiciled in a country of
1083 concern.
1084 (c) On or after July 1, 2026, the department shall create a
1085 public listing of prohibited school bus infraction detection
1086 systems, speed detection systems, traffic infraction detectors,
1087 or any other camera system described in s. 316.0078, or any
1088 video surveillance technology or LiDAR technology described in
1089 this subsection, for governmental entities and critical
1090 infrastructure providers.
1091 (9) PROHIBITION ON CERTAIN ROUTERS, MODEMS, AND SMART
1092 METERS.—
1093 (a) On or after July 1, 2026, a governmental entity or
1094 critical infrastructure provider may not knowingly enter into or
1095 renew a contract with a contracting vendor of a Wi-Fi router,
1096 modem system, or smart meter if:
1097 1. The contracting vendor is owned by the government of a
1098 country of concern;
1099 2. The government of a country of concern has a controlling
1100 interest in the contracting vendor; or
1101 3. The contracting vendor is selling a product produced by
1102 a government of a country of concern, a company primarily
1103 domiciled in a country of concern, or a company owned or
1104 controlled by a company primarily domiciled in a country of
1105 concern.
1106 (b) On or after July 1, 2026, each critical infrastructure
1107 provider in this state shall certify to the department that it
1108 does not use any Wi-Fi router, modem system, or smart meter:
1109 1. Produced by a company that is owned by the government of
1110 a country of concern;
1111 2. Produced by a company in which a country of concern has
1112 a controlling interest; or
1113 3. Produced by a company primarily domiciled in a country
1114 of concern, or a company owned or controlled by a company
1115 primarily domiciled in a country of concern.
1116 (c) By July 1, 2026, the department shall create, maintain,
1117 and update a public listing of prohibited Wi-Fi routers, modem
1118 systems, and smart meter technologies for governmental entities
1119 and critical infrastructure providers.
1120 Section 3. Section 287.1382, Florida Statutes, is created
1121 to read:
1122 287.1382 Florida Secure Communications Act.—
1123 (1) This section may be cited as the “Florida Secure
1124 Communications Act.”
1125 (2) The purpose of this act is to secure this state’s
1126 communications grid and protect national security by eliminating
1127 communications hardware and software from this state’s
1128 communications grid which come from countries of concern and
1129 other sanctioned entities.
1130 (3) As used in this section, the term:
1131 (a) “Communications provider” means any public or private
1132 corporation that operates any system that supports the
1133 transmission of information of a user’s choosing, regardless of
1134 the transmission medium or technology employed, and that
1135 connects to a network that allows the end user to engage in
1136 communications, including, but not limited to, service provided
1137 directly to the public.
1138 (b) “Country of concern” has the same meaning as the term
1139 “foreign country of concern” in s. 286.101.
1140 (c) “Critical communications infrastructure” means all
1141 physical broadband infrastructure and equipment that supports
1142 the transmission of information of a user’s choosing, regardless
1143 of the transmission medium or technology employed, and that
1144 connects to a network that permits the end user to engage in
1145 communications, including, but not limited to, service provided
1146 directly to the public.
1147 (d) “Federally banned corporation” means any company or
1148 designated equipment previously or currently banned by the
1149 Federal Communications Commission, including, but not limited
1150 to, any equipment or service deemed to pose a threat to national
1151 security and identified on the covered list developed pursuant
1152 to 47 C.F.R. s. 1.50002 and published by the Public Safety and
1153 Homeland Security Bureau of the Federal Communications
1154 Commission pursuant to the federal Secure and Trusted
1155 Communications Networks Act of 2019, 47 U.S.C. ss. 1601 et seq.,
1156 as amended.
1157 (4)(a) All critical communications infrastructure located
1158 within or servicing this state, including any critical
1159 communications infrastructure that is not permanently disabled,
1160 must have all equipment prohibited by this section removed and
1161 replaced with equipment that is not prohibited by this section.
1162 (b) A communications provider that removes, discontinues,
1163 or replaces any prohibited communications equipment or service
1164 may not be required to obtain additional permits from any state
1165 agency or political subdivision for the removal, discontinuance,
1166 or replacement of such communications equipment or service as
1167 long as the state agency or political subdivision is properly
1168 notified of the necessary replacements and the replacement
1169 communications equipment is similar to the existing
1170 communications equipment.
1171 (5)(a) Beginning September 1, 2025, and each September 1
1172 thereafter, a communications provider providing service in this
1173 state must file with the department an attestation that the
1174 communications provider is not using equipment from a federally
1175 banned corporation in providing service to this state. Failure
1176 to file such attestation shall result in a civil penalty of $500
1177 per each day late.
1178 (b) A communications provider shall provide the department
1179 with the name, address, telephone number, and e-mail address of
1180 a person with managerial responsibility for operations in this
1181 state.
1182 (6) A communications provider shall:
1183 (a) Keep the information required by this section current
1184 and notify the department of any changes within 60 days after
1185 such change.
1186 (b) Certify to the department by January 1 of each year all
1187 instances of prohibited critical communications equipment or
1188 services prohibited under this section if the communications
1189 provider is a participant in the Federal Secure and Trusted
1190 Communications Networks Reimbursement Program established by the
1191 federal Secure and Trusted Communications Network Act of 2019,
1192 47 U.S.C. ss. 1601 et seq., along with the geographic
1193 coordinates of the areas served by such prohibited equipment.
1194 (c) If the communications provider is a participant in the
1195 Federal Secure and Trusted Communications Networks Reimbursement
1196 Program and submits the required certification under paragraph
1197 (b), submit status reports every quarter to the department which
1198 detail the communications provider’s compliance with the
1199 reimbursement program.
1200 (7)(a) A communications provider that violates this section
1201 may be subject to an administrative fine of no less than $5,000
1202 per day and no more than $25,000 per day of noncompliance.
1203 (b) A communications provider that submits a false
1204 attestation or certification under subsection (6) may be subject
1205 to an administrative fine of no less than $10,000 per day and no
1206 greater than $20,000 per day of noncompliance.
1207 (c) A communications provider that fails to comply with
1208 this section or has been fined pursuant to this section may not
1209 receive any state or local funds for the development or support
1210 of new or existing critical communications infrastructure,
1211 including funds from the Florida Communications Universal
1212 Service Fund, and may not receive any federal funds subject to
1213 distribution by state or local governments for the development
1214 or support of new or existing critical communications
1215 infrastructure.
1216 (8) The department shall develop and publish quarterly a
1217 map of known prohibited communications equipment described in
1218 paragraph (6)(b) located in or serving this state. The map must
1219 meet all of the following requirements:
1220 (a) Clearly show the location of the prohibited equipment
1221 and the communications area serviced by the prohibited
1222 equipment.
1223 (b) Provide the name of the communications provider
1224 responsible for the prohibited equipment.
1225 (c) Provide the manufacturer and equipment type or purpose
1226 of the prohibited equipment.
1227 Section 4. Section 943.0315, Florida Statutes, is created
1228 to read:
1229 943.0315 Pacific Conflict Stress Test.—
1230 (1) SHORT TITLE.—This section may be cited as the “Pacific
1231 Conflict Stress Test.”
1232 (2) INTENT AND POLICY.—
1233 (a) It is the intent of the Legislature to prepare and
1234 secure this state from the potential disruptive impact of a
1235 conflict precipitated by a foreign adversary against allies,
1236 democratic countries, or the Armed Forces of the United States
1237 in the Pacific theater.
1238 (b)1. It is the policy of this state to support the
1239 civilian and military command of the United States and its
1240 efforts to promote and maintain prosperity, peace, and security
1241 for the United States and its allies. It is also the policy of
1242 this state to reduce security vulnerabilities within and enhance
1243 the defensive posture of this state so as to protect residents
1244 and citizens of the United States.
1245 2. It is further the policy of this state to make
1246 reasonable preparations for a potential regional or global
1247 conflict centered in the Pacific theater which could involve
1248 attacks upon the United States and its allies, which could
1249 involve asymmetrical attacks on the American homeland, and which
1250 could cause the disruption or complete severing of supply chains
1251 between this state and the People’s Republic of China, the
1252 Republic of China, or other countries in the Pacific theater.
1253 (3) DEFINITIONS.—As used in this section, the term:
1254 (a) “Critical infrastructure” means systems or assets,
1255 whether physical or virtual, so vital to this state or the
1256 United States that the incapacity or destruction of such systems
1257 and assets would have a debilitating impact on state or national
1258 security, state or national economic security, state or national
1259 public health, or any combination thereof. Critical
1260 infrastructure may be publicly or privately owned, and includes,
1261 but is not limited to:
1262 1. Gas and oil production, storage, or delivery systems.
1263 2. Water supply, treatment, storage, or delivery systems.
1264 3. Communication networks.
1265 4. Electrical power delivery systems.
1266 5. Emergency services.
1267 6. Transportation systems and services.
1268 7. Personal data or otherwise classified information
1269 storage systems, including cybersecurity.
1270 (b) “Critical procurements” means acquisitions made by the
1271 state or any agency, political subdivision, or private
1272 nongovernmental organization which are essential to the proper
1273 functioning of critical infrastructure or to the health, safety,
1274 or security of this state or the United States.
1275 (c) “Pacific conflict” means:
1276 1. A declared war or armed conflict between the United
1277 States or any of its allies and another nation which occurs in
1278 or on the land, sea, or air of the Pacific Ocean area and
1279 threatens or could reasonably escalate to threaten the supply
1280 chains, critical infrastructure, safety, or security of this
1281 state or the United States; and
1282 2. Includes a significant deterioration of diplomatic ties
1283 or economic engagement between the United States or its allies
1284 and another nation which threatens Pacific trade, travel, and
1285 military operations or exercises.
1286 (d) “State supply chain” means the end-to-end process for
1287 shipping goods purchased by the state beginning at the point of
1288 origin through a point or points of distribution to a
1289 destination within this state.
1290 (e) “State vendor supply chain” means the end-to-end
1291 process for shipping goods to state vendors beginning at the
1292 point of origin through a point or points of distribution to a
1293 destination within this state.
1294 (4) STATE RISK ASSESSMENT.—
1295 (a) By January 1, 2026, and annually thereafter, the Chief
1296 of Domestic Security shall produce and publish a state risk
1297 assessment.
1298 (b) The state risk assessment must include, but is not
1299 limited to, all of the following:
1300 1. An identification of threats and hazards that could
1301 negatively impact residents or assets of this state.
1302 2. A preparation of risk scenarios describing the cause and
1303 consequences of threats and hazards that might materialize to
1304 impact residents or assets of this state.
1305 3. An analysis of the probability and severity of the
1306 consequences associated with each risk scenario.
1307 4. An assessment of all substantial risks to this state’s
1308 security, economic stability, public health, or any combination
1309 thereof occurring within and threatening this state.
1310 (5) COUNCIL ON PACIFIC CONFLICT.—
1311 (a) There is created the Council on Pacific Conflict
1312 adjunct to the Department of Law Enforcement. The council shall
1313 serve as an advisory council as defined in s. 20.03(7) to
1314 provide guidance and to make policy recommendations to the
1315 Governor and the Legislature regarding critical infrastructure
1316 and supply chains to promote and maintain prosperity, peace, and
1317 security in this state. The department shall provide
1318 administrative support for the council.
1319 (b)1. The council is composed of the following members:
1320 a. The Chief of Domestic Security, who serves as the chair
1321 of the council, appointed by the Governor.
1322 b. The Secretary of Commerce or his or her designee,
1323 appointed by the Governor.
1324 c. The Adjutant General or his or her designee, appointed
1325 by the Governor.
1326 d. The Executive Director of the Department of Law
1327 Enforcement, appointed by the Governor.
1328 e. The Executive Director of the Division of Emergency
1329 Management, appointed by the Governor.
1330 f. Four individuals with applicable knowledge of the
1331 threats posed to this state in the event of a Pacific conflict,
1332 with one member appointed by each of the following:
1333 (I) The President of the Senate. This individual shall
1334 serve as the vice-chair of the council.
1335 (II) The Minority Leader of the Senate.
1336 (III) The Speaker of the House of Representatives.
1337 (IV) The Minority Leader of the House of Representatives.
1338 2. Members of the council serve without compensation but
1339 are entitled to receive reimbursement for per diem and travel
1340 expenses as provided in s. 112.061.
1341 3. Members of the council must be appointed no later than
1342 September 1, 2025.
1343 (c) The council shall conduct its first meeting no later
1344 than October 1, 2025, and thereafter it shall meet at least
1345 quarterly. The chair may call for a meeting at any time.
1346 (d) The council may retain external advisors to provide
1347 expertise and collaborative research support. If the council
1348 retains such external advisors, they may not be compensated, but
1349 may receive reimbursement for per diem and travel expenses as
1350 provided in s. 112.061.
1351 (e) The council shall prepare an annual report concerning
1352 the threats posed to this state in the event of a Pacific
1353 conflict. The report must incorporate findings from the supply
1354 chain audit required under subsection (6) and incorporate the
1355 findings of any report prepared under subsection (7). The report
1356 must provide a comprehensive risk assessment that includes all
1357 identified vulnerabilities and recommended mitigation and
1358 emergency response strategies pertaining to a Pacific conflict
1359 in the following areas:
1360 1. Critical infrastructure.
1361 2. Communications infrastructure.
1362 3. Military installations located within this state.
1363 4. State supply chains for critical procurements.
1364 5. State vendor supply chains for critical procurements.
1365 6. State cybersecurity.
1366 7. Public safety and security.
1367 8. Public health.
1368 9. Any other areas deemed appropriate or applicable by the
1369 council.
1370 (f) The council may:
1371 1. Consult experts.
1372 2. Request that the inspector general of the department
1373 investigate matters relating to this section. The inspector
1374 general may receive testimony in any format and any evidence to
1375 assist the council.
1376 3. Liaise with federal officials.
1377 (g) The council shall engage with the Division of Emergency
1378 Management to apply for a Department of Homeland Security
1379 Preparedness Grant to offset costs incurred in implementing this
1380 section.
1381 (6) AUDIT OF STATE SUPPLY CHAINS AND STATE VENDOR SUPPLY
1382 CHAINS.—The Secretary of Management Services shall conduct a
1383 supply chain audit of all critical procurements purchased or
1384 supplied through a state supply chain or state vendor supply
1385 chain and produce an audit report that must be submitted to the
1386 Governor, the President of the Senate, and the Speaker of the
1387 House of Representatives by January 1, 2026.
1388 (a) The supply chain audit report must identify all of the
1389 following:
1390 1. All critical state procurements produced in or by a
1391 foreign adversarial nation, a state-owned enterprise of a
1392 foreign adversary nation, or a company owned by a company that
1393 is domiciled in a foreign adversary nation.
1394 2. All state critical procurements manufactured in
1395 countries or by companies at risk of disruption in the event of
1396 a Pacific conflict.
1397 3. All critical procurements sourced from any country or
1398 company which uses Pacific supply chain processes at risk of
1399 disruption in the event of a Pacific conflict.
1400 (b) The supply chain audit report must recommend
1401 alternative sourcing, if available; highlight the difficulty in
1402 identifying potential alternative sourcing, if relevant; and
1403 specify the level of risk to this state associated with such a
1404 disruption in sourcing for each procurement that is threatened
1405 in the event of a Pacific conflict.
1406 (c) The Governor shall provide a summary report to be made
1407 available to the Legislature and to the public. This report may
1408 not include any proprietary or confidential material or any
1409 information that would risk state or national security if
1410 published.
1411 (7) REPORT ON ADVERSARIAL THREATS TO STATE ASSETS, CRITICAL
1412 INFRASTRUCTURE, AND MILITARY INSTALLATIONS.—
1413 (a) The Chief of Domestic Security shall lead the Study on
1414 Adversarial Threats and Critical Infrastructure and coordinate
1415 the research and development of the report on adversarial
1416 threats to state assets and critical infrastructure and military
1417 installations required by this subsection.
1418 (b) No later than January 1, 2026, the Chief of Domestic
1419 Security shall identify all critical infrastructure, military
1420 installations, and other assets within this state which could
1421 reasonably be targeted in a malicious action by an adversarial
1422 nation in the event of a Pacific conflict, which malicious
1423 action could result in a significant negative impact on the
1424 public health, safety, economic security, or physical security
1425 of this state and nation. The Chief of Domestic Security shall
1426 apply consistent, objective criteria when identifying critical
1427 infrastructure, military installations, and other assets within
1428 this state.
1429 (c) No later than July 1, 2026, the Chief of Domestic
1430 Security shall produce a report on adversarial threats to state
1431 assets and critical infrastructure and military installations
1432 which must be available to the Governor and the members of the
1433 Council on Pacific Conflict. The report must include all of the
1434 following:
1435 1. Critical and other assets identified under paragraph
1436 (b), including the specific risks posed to each infrastructure
1437 system or asset in the event of a Pacific conflict.
1438 2. Mitigation strategies and recommendations to limit or
1439 eliminate the risk posed to the critical infrastructure,
1440 military installations, or other assets in the event of a
1441 Pacific conflict; and mitigation strategies and recommendations
1442 that limit or eliminate the risk posed to the safety and
1443 security of this state or nation in the event of a Pacific
1444 conflict.
1445 3. A risk-based list of critical infrastructure, military
1446 installations, and other assets identified under paragraph (b),
1447 the order of which must be determined by the degree to which:
1448 a. Each critical infrastructure system, military
1449 installations, or other assets are in need of protective action;
1450 and
1451 b. The debilitation of each critical infrastructure system,
1452 military installations, or other assets would threaten the
1453 safety and security of this state and the nation.
1454 (d) The Chief of Domestic Security shall coordinate with
1455 the Council on Pacific Conflict and other state agencies and
1456 must be provided with the resources necessary to produce the
1457 report. All state agencies shall provide the Chief of Domestic
1458 Security with the information necessary to carry out his or her
1459 responsibilities under this section. The Chief of Domestic
1460 Security shall develop a process for relevant stakeholders to
1461 submit information to assist in identifying critical
1462 infrastructure and other assets described under paragraph (b).
1463 (e) The Chief of Domestic Security may coordinate with
1464 institutions of higher education; private firms specializing in
1465 infrastructure risk management; and federal entities, including,
1466 but not limited to, the Department of Defense, the Cybersecurity
1467 and Infrastructure Security Agency, the Director of National
1468 Intelligence, the National Security Agency, or the Department of
1469 Homeland Security.
1470 (f) The Chief of Domestic Security, in coordination with
1471 state agencies, shall notify owners and operators of critical
1472 infrastructure and other assets identified under paragraph (b)
1473 as having been identified as a potential target of malicious
1474 actions by adversarial nations in the event of a Pacific
1475 conflict. Such notification must ensure that owners and
1476 operators are provided the basis for the determination made
1477 under paragraph (b).
1478 Section 5. Subsection (14) of section 943.03, Florida
1479 Statutes, is amended to read:
1480 943.03 Department of Law Enforcement.—
1481 (14) The department, with respect to counter-terrorism
1482 efforts, responses to acts of terrorism within or affecting this
1483 state, coordinating with and providing assistance to the Federal
1484 Government in the enforcement of federal immigration laws,
1485 responses to immigration enforcement incidents within or
1486 affecting this state, and other matters related to the domestic
1487 security of Florida as it relates to terrorism, conflicts
1488 involving the Armed Forces of the United States, and immigration
1489 enforcement incidents, shall coordinate and direct the law
1490 enforcement, initial emergency, and other initial responses. The
1491 department shall work closely with the Division of Emergency
1492 Management, other federal, state, and local law enforcement
1493 agencies, fire and rescue agencies, first-responder agencies,
1494 and others involved in preparation against acts of terrorism in
1495 or affecting this state, conflicts involving the Armed Forces of
1496 the United States, immigration enforcement incidents within or
1497 affecting this state, and in the response to such acts or
1498 incidents. The executive director of the department, or another
1499 member of the department designated by the director, shall serve
1500 as Chief of Domestic Security for the purpose of directing and
1501 coordinating such efforts. The department and Chief of Domestic
1502 Security shall use the regional domestic security task forces as
1503 established in this chapter to assist in such efforts.
1504 Section 6. Paragraphs (b) and (c) of subsection (1) of
1505 section 943.0311, Florida Statutes, are amended to read:
1506 943.0311 Chief of Domestic Security; duties of the
1507 department with respect to domestic security.—
1508 (1) The executive director of the department, or a member
1509 of the department designated by the executive director, shall
1510 serve as the Chief of Domestic Security. The Chief of Domestic
1511 Security shall:
1512 (b) Prepare recommendations for the Governor, the President
1513 of the Senate, and the Speaker of the House of Representatives,
1514 which are based upon ongoing assessments to limit the
1515 vulnerability of the state to terrorism, conflicts involving the
1516 Armed Forces of the United States, and immigration enforcement
1517 incidents.
1518 (c) Coordinate the collection of proposals to limit the
1519 vulnerability of the state to terrorism, conflicts involving the
1520 Armed Forces of the United States, and immigration enforcement
1521 incidents.
1522 Section 7. This act shall take effect July 1, 2025, but
1523 only if SB 914 or similar legislation takes effect, if such
1524 legislation is adopted in the same legislative session or an
1525 extension thereof and becomes a law.