Bill Amendment: FL S0846 | 2023 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Agreements of Educational Entities with Foreign Entities
Status: 2023-05-09 - Chapter No. 2023-34 [S0846 Detail]
Download: Florida-2023-S0846-Senate_Committee_Amendment_740666.html
Bill Title: Agreements of Educational Entities with Foreign Entities
Status: 2023-05-09 - Chapter No. 2023-34 [S0846 Detail]
Download: Florida-2023-S0846-Senate_Committee_Amendment_740666.html
Florida Senate - 2023 COMMITTEE AMENDMENT Bill No. SB 846 Ì740666>Î740666 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Judiciary (Avila) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete lines 49 - 207 4 and insert: 5 (b) “Foreign principal” means: 6 1. The government or an official of the government of a 7 foreign country of concern; 8 2. A political party or a member of a political party in a 9 foreign country of concern. For purposes of this subparagraph, 10 the term “political party” means an organization or a 11 combination of individuals whose aim or purpose is, or who are 12 engaged in any activity devoted in whole or in part to, the 13 establishment, administration, control, or acquisition of 14 administration or control of a government of a foreign country 15 of concern or a subdivision thereof, or the furtherance or 16 influencing of the political or public interest, policies, or 17 relations of a government of a foreign country of concern or a 18 subdivision thereof; 19 3. A partnership, an association, a corporation, an 20 organization, or other combination of persons organized under 21 the laws of or having its principal place of business in a 22 foreign country of concern, or a subsidiary thereof; or 23 4. Any person who is domiciled in a foreign country of 24 concern and is not a citizen or lawful permanent resident of the 25 United States. 26 (c) “Partnership” means a faculty or student exchange 27 program, a study abroad program, an articulation program, a 28 recruiting program, or a dual degree program. 29 (d)(c)“Political subdivision” has the same meaning as in 30 s. 1.01(8) and includes any entity under the control of or 31 established for the benefit of the political subdivision. 32 (e)(c)“Public school” means any education institution 33 under the supervision of a school district and any entity under 34 the control of or established for the benefit of a public school 35 or school district. 36 (f)(d)“State agency” means any agency or unit of state 37 government created or established by law and any entity under 38 the control of or established for the benefit of a state agency. 39 (g)(e)“State college” means any postsecondary education 40 institution under the supervision of the State Board of 41 Education, including any entity under the control of or 42 established for the benefit of a state college. 43 (h)(f)“State university” means any state university under 44 the supervision of the Board of Governors, including any entity 45 under the control of or established for the benefit of a state 46 university. 47 (2) A state agency, political subdivision, or public 48 school, state college, or state universityauthorized to expend 49 state-appropriated funds or levy ad valorem taxes may not 50 participate in any agreement with or accept any grant from a 51 foreign country of concern, or any entity controlled by a 52 foreign country of concern, which: 53 (a) Constrains the freedom of contract of such public 54 entity; 55 (b) Allows the curriculum or values of a program in the 56 state to be directed or controlled by the foreign country of 57 concern; or 58 (c) Promotes an agenda detrimental to the safety or 59 security of the United States or its residents. BeforePrior to60 the execution of any cultural exchange agreement with a foreign 61 country of concern, the substance of the agreement mustshallbe 62 shared with federal agencies concerned with protecting national 63 security or enforcing trade sanctions, embargoes, or other 64 restrictions under federal law. If such federal agency provides 65 information suggesting that such agreement promotes an agenda 66 detrimental to the safety or security of the United States or 67 its residents, the public entity may not enter into the 68 agreement. 69 (3)(a) For the purposes of this subsection only, the term 70 “agreement” means a written statement of mutual interest in 71 academic or research collaboration. 72 (b) Beginning July 1, 2023, a state university or state 73 college authorized to expend state-appropriated funds may not 74 accept any grant from or participate in any agreement with any 75 college or university based in a foreign country of concern, or 76 with any foreign principal, except as specified in paragraphs 77 (d) and (e). 78 (c) Beginning July 1, 2023 , a state university or state 79 college authorized to expend state-appropriated funds may not 80 accept any grant from or participate in any partnership with any 81 college or university based in a foreign country of concern, or 82 with any foreign principal, except as specified in paragraphs 83 (d) and (e). 84 (d) A state university may, upon approval by the Board of 85 Governors, enter into a partnership or an agreement with a 86 college or university based in a foreign country of concern, or 87 with a foreign principal, if such partnership or agreement is 88 deemed by the board to be valuable to students and the state 89 university and is not detrimental to the safety or security of 90 the United States or its residents. A partnership or an 91 agreement approved under this paragraph must meet the other 92 relevant requirements of this section. 93 1. The board shall exercise the authority provided pursuant 94 to s. 1008.322 to sanction a state university pursuant to 95 subparagraph 2. which, without approval of the board, enters 96 into a partnership or an agreement with a college or university 97 based in a foreign country of concern, or with a foreign 98 principal. 99 2. The board may withhold additional performance funding 100 from a state university that, without approval from the board, 101 enters into a partnership or an agreement with a college or 102 university based in a foreign country of concern, or with a 103 foreign principal. The funds must be deposited into the General 104 Revenue Fund. 105 (e) A state college may, upon approval by the State Board 106 of Education, enter into a partnership or an agreement with a 107 college or university based in a foreign country of concern, or 108 with a foreign principal, if such partnership or agreement is 109 deemed by the state board to be valuable to students and the 110 state college and is not detrimental to the safety or security 111 of the United States or its residents. A partnership or an 112 agreement approved under this paragraph must meet the 113 requirements of this section. 114 1. Beginning July 1, 2023, the state board shall exercise 115 the authority provided pursuant to s. 1008.32 to sanction a 116 state college pursuant to subparagraph 2. which, without 117 approval from the state board, enters into a partnership or an 118 agreement with a college or university based in a foreign 119 country of concern, or with a foreign principal. 120 2. The state board may withhold additional performance 121 funding from a state college that, without approval from the 122 state board, enters into a partnership or an agreement with a 123 college or university based in a foreign country of concern, or 124 with a foreign principal. The funds must be deposited into the 125 General Revenue Fund. The state board may administratively 126 enforce this section. 127 (f) By December 1, 2024, and each December 1 thereafter, 128 the Board of Governors and the Department of Education, 129 respectively, shall submit a report to the Governor, the 130 President of the Senate, and the Speaker of the House of 131 Representatives relating to partnerships and agreements of state 132 universities and state colleges, respectively, with colleges and 133 universities based in a foreign country of concern and with 134 foreign principals. At a minimum, the report must include the 135 following information for the previous fiscal year: 136 1. Data reflecting any grant program, agreement, 137 partnership, or contract between a state university or state 138 college and any college or university based in a foreign country 139 of concern, or with a foreign principal. 140 2. Data reflecting any office, campus, or physical location 141 used or maintained by a state university or state college in a 142 foreign country of concern, or with a foreign principal. 143 3. The date on which any such grant program, agreement, 144 partnership, or contract reported pursuant to subparagraph 1. is 145 expected to terminate. 146 (g) The Board of Governors and the State Board of Education 147 shall adopt regulations and rules, respectively, to administer 148 this subsection. 149 (4)(3)A state agency, political subdivision, public school, 150 state college, or state university may not accept anything of 151 value conditioned upon participation in a program or other 152 endeavor to promote the language or culture of a foreign country 153 of concern. 154 (5)(4)For the 2022-2023 fiscal year, notwithstanding 155 subsection (2), a state agency, political subdivision, public 156 school, state college, or state university may not enter into any 157 agreement with or accept any grant from the Russian Federation. 158 This subsection expires July 1, 2023. 159 Section 2. Paragraph (h) of subsection (1) of section 160 286.101, Florida Statutes, is amended, paragraphs (i) and (j) are 161 added to that subsection, and subsection (10) is added to that 162 section, to read: 163 286.101 Foreign gifts and contracts.— 164 (1) As used in this section, the term: 165 (h) “State agency” means any agency or unit of state 166 government created or established by law. For the purposes of 167 this section only, the term does not include a state university 168 or a state college. 169 (i) “State college” means any postsecondary educational 170 institution under the supervision of the State Board of 171 Education, including any entity under the control of or 172 established for the benefit of a state college. 173 (j) “State university” means any state university under the 174 supervision of the Board of Governors, including any entity 175 under the control of or established for the benefit of a state 176 university. 177 (10)(a) A state university or state college, or any 178 employee or representative of a state university or state 179 college, may not solicit or accept any gift in its official 180 capacity, including any physical object, loan, reward, promise 181 of future employment, favor, or service, from a college or 182 university based in a foreign country of concern or from a 183 foreign principal as those terms are defined in s. 288.860. 184 (b) The Board of Governors and the State Board of Education 185 shall adopt regulations and rules, respectively, to administer 186 this subsection. 187 Section 3. Paragraph (s) is added to subsection (1) of 188 section 1002.421, Florida Statutes, to read: 189 1002.421 State school choice scholarship program 190 accountability and oversight.— 191 (1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.—A private 192 school participating in an educational scholarship program 193 established pursuant to this chapter must be a private school as 194 defined in s. 1002.01(2) in this state, be registered, and be in 195 compliance with all requirements of this section in addition to 196 private school requirements outlined in s. 1002.42, specific 197 requirements identified within respective scholarship program 198 laws, and other provisions of Florida law that apply to private 199 schools, and must: 200 (s) Not be owned or operated by a person or an entity 201 domiciled in, owned by, or in any way controlled by a foreign 202 country of concern or foreign principal as defined in s. 203 288.860. A violation of this paragraph constitutes an imminent 204 threat to the health, safety, and welfare of the school’s 205 students and to the public, sufficient to justify immediate 206 suspension of payment of scholarship funds under paragraph 207 (3)(e), as well as denial, suspension, or revocation of a 208 school’s participation in a scholarship program under paragraph 209 (3)(b). 210 211 The department shall suspend the payment of funds to a private 212 school that knowingly fails to comply with this subsection, and 213 shall prohibit the school from enrolling new scholarship 214 students, for 1 fiscal year and until the school complies. If a 215 private school fails to meet the requirements of this subsection 216 or has consecutive years of material exceptions listed in the 217 report required under paragraph (q), the commissioner may 218 determine that the private school is ineligible to participate 219 in a scholarship program. 220 221 ================= T I T L E A M E N D M E N T ================ 222 And the title is amended as follows: 223 Delete lines 2 - 35 224 and insert: 225 An act relating to agreements of educational entities 226 with foreign entities; amending s. 288.860, F.S.; 227 defining terms; prohibiting state universities and 228 state colleges from accepting grants from or 229 participating in partnerships or agreements with a 230 college or university based in a foreign country of 231 concern or with a foreign principal unless specified 232 conditions are met; providing an exception; 233 authorizing state universities to enter into 234 partnerships or agreements with a college or 235 university based in a foreign country of concern or 236 with a foreign principal if such partnerships or 237 agreements are approved by the Board of Governors and 238 specified requirements are met; authorizing the board 239 to sanction and withhold performance funding from a 240 state university for entering into an unauthorized 241 partnership or agreement; authorizing state colleges 242 to enter into partnerships or agreements with a 243 college or university based in a foreign country of 244 concern or with a foreign principal if such 245 partnerships or agreements are authorized by the State 246 Board of Education and specified requirements are met; 247 authorizing the state board to sanction and withhold 248 performance funding from a state college for entering 249 into an unauthorized partnership or agreement with a 250 college or university based in a foreign country of 251 concern or with a foreign principal; requiring each 252 state university and state college to annually submit 253 specified information to the Board of Governors and 254 the Department of Education, respectively, by a 255 specified date; requiring the Board of Governors and 256 the department, respectively, to annually submit a 257 report to the Governor and the Legislature by a 258 specified date; providing requirements for the report; 259 requiring the Board of Governors and the State Board 260 of Education to adopt regulations and rules, 261 respectively; amending s. 286.101, F.S.; revising and 262 defining terms; prohibiting a state university or 263 state college, or any employee or representative 264 thereof, from soliciting or accepting a gift from a 265 college or university based in a foreign country of 266 concern or from a foreign principal; requiring the 267 Board of Governors and the State Board of Education to 268 adopt regulations and rules, respectively; amending s. 269 1002.421, F.S.; prohibiting a private school that is 270 owned or operated by a person or entity domiciled in, 271 owned by, or in any way controlled by a foreign 272 country of concern or by a foreign principal from 273 participating in an educational scholarship program; 274 providing an effective date.