Florida Senate - 2026                        COMMITTEE AMENDMENT
       Bill No. SB 1178
       
       
       
       
       
       
                                Ì226318.Î226318                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  01/28/2026           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Ethics and Elections (Grall) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 192 - 589
    4  and insert:
    5         (a)For any willful violation, a fine of up to $500 per
    6  violation.
    7         (b)For any repeated willful violation, a fine of up to
    8  $2,000 per violation.
    9         Section 3. Subsections (1) and (2) of section 112.313,
   10  Florida Statutes, are amended to read:
   11         112.313 Standards of conduct for public officers, employees
   12  of agencies, and local government attorneys.—
   13         (1) DEFINITIONS DEFINITION.—As used in this section, unless
   14  the context otherwise requires, the term:
   15         (a)“Designated foreign terrorist organization” has the
   16  same meaning as in s. 775.32.
   17         (b)“Foreign country of concern” has the same meaning as in
   18  s. 286.101(1).
   19         (c) “Public officer” includes any person elected or
   20  appointed to hold office in any agency, including any person
   21  serving on an advisory body.
   22         (2) SOLICITATION OR ACCEPTANCE OF GIFTS.—
   23         (a)A No public officer, an employee of an agency, a local
   24  government attorney, or a candidate for nomination or election
   25  may not shall solicit or accept anything of value to the
   26  recipient, including a gift, loan, reward, promise of future
   27  employment, favor, or service, based upon any understanding that
   28  the vote, official action, or judgment of the public officer,
   29  employee, local government attorney, or candidate would be
   30  influenced thereby.
   31         (b)A public officer, an employee of an agency, a local
   32  government attorney, or a candidate for nomination or election
   33  may not solicit or accept anything of value to the recipient,
   34  including a gift, loan, reward, promise of future employment,
   35  favor, or service, for any purpose, including, but not limited
   36  to, a gift from a designated foreign terrorist organization or
   37  any person or entity representing or acting on behalf of a
   38  foreign terrorist organization, or travel costs or any
   39  reimbursement for costs of attending a conference or other
   40  event, from a foreign country of concern or any of its
   41  subdivisions, or from any person or entity representing or
   42  acting on behalf of a foreign country of concern or any of its
   43  subdivisions.
   44         Section 4. Paragraph (e) of subsection (2) of section
   45  112.3142, Florida Statutes, is amended to read:
   46         112.3142 Ethics training for specified constitutional
   47  officers, elected municipal officers, commissioners of community
   48  redevelopment agencies, and elected local officers of
   49  independent special districts.—
   50         (2)
   51         (e) The commission shall adopt rules establishing minimum
   52  course content for the portion of an ethics training class which
   53  addresses s. 8, Art. II of the State Constitution and the Code
   54  of Ethics for Public Officers and Employees. By November 1,
   55  2026, the commission shall adopt revised rules to supplement the
   56  minimum course content, including all of the following:
   57         1.Known efforts by foreign countries of concern to target
   58  and influence subnational governments, including, but not
   59  limited to, the Chinese Communist Party’s United Front strategy.
   60         2.How to identify, recognize, and report suspected foreign
   61  influence campaigns.
   62         3.Prohibitions on receiving gifts from foreign countries
   63  of concern as defined in s. 287.138 or designated foreign
   64  terrorist organizations as defined in s. 775.32.
   65         Section 5. Present paragraph (d) of subsection (1) of
   66  section 287.138, Florida Statutes, is redesignated as paragraph
   67  (e), a new paragraph (d) is added to that subsection, and
   68  paragraph (c) of subsection (1) and subsections (2), (3), and
   69  (4) of that section are amended, to read:
   70         287.138 Contracting with entities of foreign sources and
   71  countries of concern prohibited.—
   72         (1) As used in this section, the term:
   73         (c) “Foreign country of concern” means the People’s
   74  Republic of China, the Russian Federation, the Islamic Republic
   75  of Iran, the Democratic People’s Republic of Korea, the Republic
   76  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
   77  Arab Republic, including any agency of or any other entity under
   78  of significant control of such foreign country of concern.
   79         (d)“Foreign source of concern” has the same meaning as in
   80  s. 496.404.
   81         (2)(a) A governmental entity may not knowingly enter into a
   82  contract with an entity in which a foreign source of concern has
   83  an ownership or controlling interest if the contract would give
   84  access to an individual’s personal identifying information.
   85         (b)A governmental entity may not enter into a contract for
   86  information technology as defined in s. 282.0041, or for any
   87  services related to information technology, with an entity in
   88  which a foreign source of concern has an ownership or
   89  controlling interest or through a third-party seller when the
   90  information technology is designed, manufactured, or assembled
   91  by any entity in which a foreign source of concern has an
   92  ownership or controlling interest if:
   93         (a)The entity is owned by the government of a foreign
   94  country of concern;
   95         (b)The government of a foreign country of concern has a
   96  controlling interest in the entity; or
   97         (c)The entity is organized under the laws of or has its
   98  principal place of business in a foreign country of concern.
   99         (3) Beginning July 1, 2026 2025, a governmental entity may
  100  not extend or renew a contract with an entity listed in
  101  subsection (2) paragraphs (2)(a)-(c) if the contract would give
  102  such entity access to an individual’s personal identifying
  103  information.
  104         (4)(a) Beginning January 1, 2026 2024, a governmental
  105  entity may not accept a bid on, a proposal for, or a reply to,
  106  or enter into, a contract with an entity which would grant the
  107  entity access to an individual’s personal identifying
  108  information or involve information technology unless the entity
  109  provides the governmental entity with an affidavit signed by an
  110  officer or representative of the entity under penalty of perjury
  111  attesting that the entity does not meet any of the criteria in
  112  subsection (2) paragraphs (2)(a)-(c).
  113         (b) Beginning July 1, 2026 2025, when an entity extends or
  114  renews a contract with a governmental entity which would grant
  115  the entity access to an individual’s personal identifying
  116  information, the entity must provide the governmental entity
  117  with an affidavit signed by an officer or a representative of
  118  the entity under penalty of perjury attesting that the entity
  119  does not meet any of the criteria in subsection (2) paragraphs
  120  (2)(a)-(c).
  121         Section 6. Paragraph (a) of subsection (3) of section
  122  288.816, Florida Statutes, is amended, and subsection (7) is
  123  added to that section, to read:
  124         288.816 Intergovernmental relations.—
  125         (3) The state protocol officer may:
  126         (a) Coordinate and carry out activities designed to
  127  encourage the state and its subdivisions to participate in
  128  sister city and sister state affiliations with foreign countries
  129  and their subdivisions. Such activities may include a State of
  130  Florida sister cities conference. Such activities may not
  131  include encouragement of any affiliations with foreign countries
  132  of concern as defined in s. 288.860 or their subdivisions.
  133         (7)The department shall publish on its website, to be
  134  updated quarterly, the following information:
  135         (a)A current and accurate list of all foreign consulate
  136  offices.
  137         (b)A current and accurate list of all sister city and
  138  sister state affiliations, including a copy of all such
  139  agreements.
  140         Section 7. Subsections (3), (4), and (5) of section
  141  288.8175, Florida Statutes, are amended, and a new subsection
  142  (7) is added to that section, to read:
  143         288.8175 Linkage institutes between postsecondary
  144  institutions in this state and foreign countries.—
  145         (3) Each institute must be co-administered in this state by
  146  a university-community college partnership, as designated in
  147  subsection (5), and must have a private sector and public sector
  148  advisory committee. The advisory committee must be
  149  representative of the international education and commercial
  150  interests of the state and may have members who are native to
  151  the foreign country partner. Six members must be appointed by
  152  the Department of Education. The Department of Education must
  153  appoint at least one member who is an international educator.
  154  The presidents, or their designees, of the participating
  155  university and community college must also serve on the advisory
  156  committee.
  157         (4) The institutes are:
  158         (a) Florida-Brazil Institute (University of Florida and
  159  Miami Dade College).
  160         (b) Florida-Costa Rica Institute (Florida State University
  161  and Valencia College).
  162         (c) Florida Caribbean Institute (Florida International
  163  University and Daytona State College).
  164         (d) Florida-Canada Institute (University of Central Florida
  165  and Palm Beach State College).
  166         (e)Florida-China Institute (University of West Florida,
  167  University of South Florida, and Eastern Florida State College).
  168         (e)(f) Florida-Japan Institute (University of South
  169  Florida, University of West Florida, and St. Petersburg
  170  College).
  171         (f)(g) Florida-France Institute (New College of the
  172  University of South Florida, Miami Dade College, and Florida
  173  State University).
  174         (g)(h) Florida-Israel Institute (Florida Atlantic
  175  University and Broward College).
  176         (h)(i) Florida-West Africa Institute (Florida Agricultural
  177  and Mechanical University, University of North Florida, and
  178  Florida State College at Jacksonville).
  179         (i)(j) Florida-Eastern Europe Institute (University of
  180  Central Florida and Lake-Sumter State College).
  181         (j)(k) Florida-Mexico Institute (Florida International
  182  University and Polk State College).
  183         (5)Each institute is allowed to exempt from s. 1009.21 up
  184  to 25 full-time equivalent students per year from the respective
  185  host countries to study in any of the state universities or
  186  community colleges in this state as resident students for
  187  tuition purposes. The institute directors shall develop
  188  criteria, to be approved by the Department of Education, for the
  189  selection of these students. Students must return home within 3
  190  years after their tenure of graduate or undergraduate study for
  191  a length of time equal to their exemption period.
  192         (7)A linkage institute may not enter into any agreement or
  193  participate in any activities with a foreign country of concern
  194  as defined in s. 288.860 or any organization in a foreign
  195  country of concern.
  196         Section 8. Subsection (2) of section 288.860, Florida
  197  Statutes, is amended to read:
  198         288.860 International cultural agreements.—
  199         (2)(a) A state agency, political subdivision, or public
  200  school authorized to expend state-appropriated funds or levy ad
  201  valorem taxes may not participate in any agreement with or
  202  accept any grant from a foreign country of concern or its
  203  subdivisions, or any entity controlled by a foreign country of
  204  concern.
  205         (b)All agreements under paragraph (a), including, but not
  206  limited to, sister city agreements, are terminated as of July 1,
  207  2026., which:
  208         (a)Constrains the freedom of contract of such public
  209  entity;
  210         (b)Allows the curriculum or values of a program in the
  211  state to be directed or controlled by the foreign country of
  212  concern; or
  213         (c)Promotes an agenda detrimental to the safety or
  214  security of the United States or its residents. Before the
  215  execution of any cultural exchange agreement with a foreign
  216  country of concern, the substance of the agreement must be
  217  shared with federal agencies concerned with protecting national
  218  security or enforcing trade sanctions, embargoes, or other
  219  restrictions under federal law. If such federal agency provides
  220  information suggesting that such agreement promotes an agenda
  221  detrimental to the safety or security of the United States or
  222  its residents, the public entity may not enter into the
  223  agreement.
  224         Section 9. Paragraphs (e) and (f) of subsection (14) of
  225  section 496.404, Florida Statutes, are amended, and paragraph
  226  (g) is added to that subsection, to read:
  227         496.404 Definitions.—As used in ss. 496.401-496.424, the
  228  term:
  229         (14) “Foreign source of concern” means any of the
  230  following:
  231         (e) An agent, including a subsidiary or an affiliate of a
  232  foreign legal entity, acting on behalf of a foreign source of
  233  concern; or
  234         (f) An entity in which a person, entity, or collection of
  235  persons or entities described in paragraphs (a)-(e) has a
  236  controlling interest. As used in this paragraph, the term
  237  “controlling interest” means the possession of the power to
  238  direct or cause the direction of the management or policies of
  239  an entity, whether through ownership of securities, by contract,
  240  or otherwise. A person or an entity that directly or indirectly
  241  has the right to vote 25 percent or more of the voting interest
  242  of the company or is entitled to 25 percent or more of its
  243  profits is presumed to possess a controlling interest; or
  244         (g)A designated foreign terrorist organization as defined
  245  in s. 775.32 or an agent acting on behalf of a designated
  246  foreign terrorist organization.
  247         Section 10. Subsection (3) of section 692.201, Florida
  248  Statutes, is amended to read:
  249         692.201 Definitions.—As used in this part, the term:
  250         (3) “Foreign country of concern” means the People’s
  251  Republic of China, the Russian Federation, the Islamic Republic
  252  of Iran, the Democratic People’s Republic of Korea, the Republic
  253  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
  254  Arab Republic, including any agency of or any other entity under
  255  of significant control of such foreign country of concern.
  256         Section 11. Section 692.21, Florida Statutes, is created to
  257  read:
  258         692.21Protection of state critical infrastructure
  259  facilities from a foreign source of concern.—
  260         (1)As used in this section, the term:
  261         (a)“Business entity” has the same meaning as in s.
  262  112.312.
  263         (b)Foreign source of concern” has the same meaning as in
  264  s. 496.404.
  265         (c)“Governmental entity” has the same meaning as in s.
  266  287.138.
  267         (2)(a)A governmental entity or a business entity
  268  constructing, repairing, operating, or otherwise having
  269  significant access to a critical infrastructure facility may not
  270  enter into a contract or other agreement relating to a critical
  271  infrastructure facility in this state with a foreign source of
  272  concern if the contract or agreement authorizes the foreign
  273  source of concern to directly or remotely access or otherwise
  274  control such critical infrastructure facility.
  275         (b)A foreign source of concern may not enter into a
  276  contract or other agreement relating to critical infrastructure
  277  facilities in this state with a business entity constructing,
  278  repairing, operating, or otherwise having significant access to
  279  critical infrastructure facilities, or a governmental entity, if
  280  the contract or agreement authorizes the foreign source of
  281  concern to directly or remotely access or otherwise control such
  282  critical infrastructure facility.
  283         (3)(a)Beginning January 1, 2027, a business entity
  284  constructing, repairing, operating, or otherwise having
  285  significant access to a critical infrastructure facility in this
  286  state which entered into a contract or other agreement before
  287  July 1, 2026, with a foreign source of concern relating to such
  288  critical infrastructure facility must register with the
  289  Department of Commerce by January 1 of each year for the
  290  remainder of the term of the contract or agreement with the
  291  foreign source of concern relating to such critical
  292  infrastructure facility. The Department of Commerce shall adopt
  293  a registration form that includes all of the following:
  294         1.The name of the business entity constructing, repairing,
  295  operating, or otherwise having significant access to critical
  296  infrastructure facilities in this state.
  297         2.The address of the critical infrastructure facility the
  298  business entity is constructing, repairing, or operating or to
  299  which the business entity otherwise has significant access.
  300         3.A description of the specific terms of the contract or
  301  agreement which authorizes a foreign source of concern to engage
  302  in constructing, repairing, or operating or to otherwise have
  303  significant access to such critical infrastructure facility.
  304         (b)A business entity that violates paragraph (a):
  305         1.Is subject to a civil penalty of $1,000 for each day the
  306  violation continues.
  307         2.Commits a misdemeanor of the second degree, punishable
  308  as provided in s. 775.082 or s. 775.083.
  309         (4)Before commencing any sale or other transfer of control
  310  of a critical infrastructure facility in this state, the
  311  business entity selling or otherwise transferring control of
  312  such critical infrastructure facility must provide an affidavit,
  313  signed under penalty of perjury, to the Department of Commerce
  314  attesting that the buyer or transferee is not a foreign source
  315  of concern.
  316         (5)Information technology as defined in s. 282.0041
  317  produced or manufactured by a foreign source of concern or a
  318  company under the direction or control of a foreign source of
  319  concern may not be used in a critical infrastructure facility
  320  located in or serving this state.
  321         (6)The Department of Commerce shall adopt rules to
  322  implement this section.
  323         Section 12. Section 775.08255, Florida Statutes, is created
  324  to read:
  325         775.08255Offenses by foreign agents; reclassification.—
  326         (1)As used in this section, the term:
  327         (a)“Agent of a foreign government or designated foreign
  328  terrorist organization” means a person acting on behalf of or
  329  otherwise employed or controlled by a foreign government or a
  330  designated foreign terrorist organization.
  331         (b)“Designated foreign terrorist organization” has the
  332  same meaning as provided in s. 775.32.
  333         (c)“Foreign government” has the same meaning as provided
  334  in s. 286.101.
  335         (2)The penalty for any misdemeanor or felony may be
  336  reclassified if the commission of such misdemeanor or felony was
  337  for the purpose of benefiting, promoting, or furthering the
  338  interests of a foreign government, a designated foreign
  339  terrorist organization, or an agent of a foreign government or
  340  designated foreign terrorist organization. The reclassification
  341  is as follows:
  342         (a)A misdemeanor of the second degree is reclassified to a
  343  misdemeanor of the first degree.
  344         (b)A misdemeanor of the first degree is reclassified to a
  345  felony of the third degree.
  346         (c)A felony of the third degree is reclassified to a
  347  felony of the second degree.
  348         (d)A felony of the second degree is reclassified to a
  349  felony of the first degree.
  350         (e)A felony of the first degree is reclassified to a life
  351  felony.
  352         (3)In addition to any other penalties prescribed by law, a
  353  person convicted of a felony of the first degree or a life
  354  felony under this section shall be sentenced to a minimum term
  355  of imprisonment of 15 years.
  356         Section 13. Section 775.36, Florida Statutes, is created to
  357  read:
  358         775.36Unauthorized enforcement of foreign law.—
  359         (1)As used in this section, the term:
  360         (a)“Agent of a foreign government or designated foreign
  361  terrorist organization” means a person acting on behalf of or
  362  otherwise employed or controlled by a foreign government or a
  363  designated foreign terrorist organization.
  364         (b)“Designated foreign terrorist organization” has the
  365  same meaning as provided in s. 775.32.
  366         (c)“Foreign government” has the same meaning as in s.
  367  286.101.
  368         (2)Without the approval of this state or the United
  369  States, a person may not:
  370         (a)Prevent another person in this state from violating the
  371  laws of a foreign government which are not also the laws of this
  372  state or the United States; or
  373         (b)Investigate, monitor, or surveil another person in this
  374  state for the purpose of preventing the other person from
  375  violating the laws of a foreign government that are not also the
  376  laws of this state or the United States.
  377         (3)A person who violates this section commits a felony of
  378  the third degree, punishable as provided in s. 775.082, s.
  379  775.083, or s. 775.084. However, a person who violates this
  380  section for the purpose of benefiting, promoting, or furthering
  381  the interests of a foreign government, a designated foreign
  382  terrorist organization, or an agent of a foreign government or
  383  designated foreign terrorist organization commits a felony of
  384  the second degree, punishable as provided in s. 775.082, s.
  385  775.083, or s. 775.084.
  386         Section 14. Subsection (1) of section 316.0078, Florida
  387  Statutes, is amended to read:
  388         316.0078 Prohibition on contracting for camera systems of
  389  vendors of foreign countries of concern.—
  390         (1) As used in this section, the term: terms
  391         (a) “Controlling interest” has the same meaning as in s.
  392  287.138. and
  393         (b) “Foreign country of concern” means the People’s
  394  Republic of China, the Russian Federation, the Islamic Republic
  395  of Iran, the Democratic People’s Republic of Korea, the Republic
  396  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
  397  Arab Republic, including any agency of or any other entity under
  398  
  399  ================= T I T L E  A M E N D M E N T ================
  400  And the title is amended as follows:
  401         Delete lines 21 - 60
  402  and insert:
  403         revising the definition of the term “foreign country
  404         of concern”; defining the term “foreign source of
  405         concern”; prohibiting a governmental entity from
  406         entering into certain contracts with certain entities
  407         owned or partially owned by foreign sources of concern
  408         or affiliated with a foreign country of concern;
  409         prohibiting governmental entities from extending and
  410         renewing certain contracts beginning on a specified
  411         date; prohibiting governmental entities from accepting
  412         a bid on, a proposal for, or a reply to, or entering
  413         into, contracts involving information technology or
  414         providing access to an individual’s personal
  415         identifying information unless a certain affidavit
  416         signed by an officer or representative is provided to
  417         the governmental entity; amending s. 288.816, F.S.;
  418         prohibiting certain activities encouraging
  419         affiliations with foreign countries of concern;
  420         requiring the Department of Commerce to publish and
  421         update certain information on its website; amending s.
  422         288.8175, F.S.; deleting the Florida-China Institute
  423         from the list of linkage institutes; deleting an
  424         exemption for linkage institutes; prohibiting a
  425         linkage institute from entering into an agreement or
  426         participating in an activity with a foreign country of
  427         concern; amending s. 288.860, F.S.; requiring that
  428         certain agreements be terminated by a specified date;
  429         amending s. 496.404, F.S.; revising the definition of
  430         the term “foreign source of concern”; amending s.
  431         692.201, F.S.; revising the definition of the term
  432         “foreign country of concern”; creating s. 692.21,
  433         F.S.; defining terms; prohibiting governmental
  434         entities and business entities with access to critical
  435         infrastructure facilities from entering into certain
  436         contracts with foreign sources of concern; requiring
  437         business entities to register with the department by a
  438         specified date; requiring the department to adopt
  439         registration forms; providing requirements for such
  440         forms; providing civil and criminal penalties;
  441         requiring certain business entities to provide a
  442         signed affidavit to the department attesting that the
  443         buyer or transferee of a critical infrastructure
  444         facility is not a foreign source of concern;
  445         prohibiting information technology from a foreign
  446         source of concern from being used in critical
  447         infrastructure facilities; requiring the department to
  448         adopt rules; creating s. 775.08255, F.S.; defining
  449         terms; providing for the reclassification of criminal
  450         penalties under certain circumstances; providing a
  451         mandatory minimum term of imprisonment; creating s.
  452         775.36, F.S.; defining terms; prohibiting enforcement
  453         of certain laws of a foreign government; providing
  454         criminal penalties; amending s. 316.0078,