ENROLLED 2023 Legislature CS for CS for SB 846 2023846er 1 2 An act relating to agreements of educational entities 3 with foreign entities; amending s. 288.860, F.S.; 4 defining terms; prohibiting state universities and 5 state colleges from accepting grants from or 6 participating in partnerships or agreements with a 7 college or university based in a foreign country of 8 concern or with a foreign principal unless specified 9 conditions are met; providing an exception; 10 authorizing state universities to enter into 11 partnerships or agreements with a college or 12 university based in a foreign country of concern or 13 with a foreign principal if such partnerships or 14 agreements are approved by the Board of Governors and 15 specified requirements are met; authorizing the board 16 to sanction and withhold performance funding from a 17 state university for entering into an unauthorized 18 partnership or agreement; authorizing state colleges 19 to enter into partnerships or agreements with a 20 college or university based in a foreign country of 21 concern or with a foreign principal if such 22 partnerships or agreements are authorized by the State 23 Board of Education and specified requirements are met; 24 authorizing the state board to sanction and withhold 25 performance funding from a state college for entering 26 into an unauthorized partnership or agreement with a 27 college or university based in a foreign country of 28 concern or with a foreign principal; requiring each 29 state university and state college to annually submit 30 specified information to the Board of Governors and 31 the Department of Education, respectively, by a 32 specified date; requiring the Board of Governors and 33 the department, respectively, to annually submit a 34 report to the Governor and the Legislature by a 35 specified date; providing requirements for the report; 36 requiring the Board of Governors and the State Board 37 of Education to adopt regulations and rules, 38 respectively; amending s. 286.101, F.S.; revising and 39 defining terms; prohibiting a state university or 40 state college, or any employee or representative 41 thereof, from soliciting or accepting a gift from a 42 college or university based in a foreign country of 43 concern or from a foreign principal; requiring the 44 Board of Governors and the State Board of Education to 45 adopt regulations and rules, respectively; amending s. 46 1002.421, F.S.; prohibiting a private school that is 47 owned or operated by a person or entity domiciled in, 48 owned by, or in any way controlled by a foreign 49 country of concern or by a foreign principal from 50 participating in an educational scholarship program; 51 providing an effective date. 52 53 Be It Enacted by the Legislature of the State of Florida: 54 55 Section 1.Section 288.860, Florida Statutes, is amended to 56 read: 57 288.860International cultural agreements. 58 (1)As used in this section, the term: 59 (a)Foreign country of concern means the Peoples 60 Republic of China, the Russian Federation, the Islamic Republic 61 of Iran, the Democratic Peoples Republic of Korea, the Republic 62 of Cuba, the Venezuelan regime of Nicols Maduro, or the Syrian 63 Arab Republic, including any agency of or any other entity under 64 significant control of such foreign country of concern. 65 (b)Foreign principal means: 66 1.The government or an official of the government of a 67 foreign country of concern; 68 2.A political party or a member of a political party in a 69 foreign country of concern. For purposes of this subparagraph, 70 the term political party means an organization or a 71 combination of individuals whose aim or purpose is, or who are 72 engaged in any activity devoted in whole or in part to, the 73 establishment, administration, control, or acquisition of 74 administration or control of a government of a foreign country 75 of concern or a subdivision thereof, or the furtherance or 76 influencing of the political or public interest, policies, or 77 relations of a government of a foreign country of concern or a 78 subdivision thereof; 79 3.A partnership, an association, a corporation, an 80 organization, or other combination of persons organized under 81 the laws of or having its principal place of business in a 82 foreign country of concern, or a subsidiary thereof; or 83 4.Any person who is domiciled in a foreign country of 84 concern and is not a citizen or lawful permanent resident of the 85 United States. 86 (c)Partnership means a faculty or student exchange 87 program, a study abroad program, an articulation program, a 88 recruiting program, or a dual degree program. 89 (d)Political subdivision has the same meaning as in s. 90 1.01(8) and includes any entity under the control of or 91 established for the benefit of the political subdivision. 92 (e)(c)Public school means any education institution 93 under the supervision of a school district and any entity under 94 the control of or established for the benefit of a public school 95 or school district. 96 (f)(d)State agency means any agency or unit of state 97 government created or established by law and any entity under 98 the control of or established for the benefit of a state agency. 99 (g)(e)State college means any postsecondary education 100 institution under the supervision of the State Board of 101 Education, including any entity under the control of or 102 established for the benefit of a state college. 103 (h)(f)State university means any state university under 104 the supervision of the Board of Governors, including any entity 105 under the control of or established for the benefit of a state 106 university. 107 (2)A state agency, political subdivision, or public 108 school, state college, or state university authorized to expend 109 state-appropriated funds or levy ad valorem taxes may not 110 participate in any agreement with or accept any grant from a 111 foreign country of concern, or any entity controlled by a 112 foreign country of concern, which: 113 (a)Constrains the freedom of contract of such public 114 entity; 115 (b)Allows the curriculum or values of a program in the 116 state to be directed or controlled by the foreign country of 117 concern; or 118 (c)Promotes an agenda detrimental to the safety or 119 security of the United States or its residents. Before Prior to 120 the execution of any cultural exchange agreement with a foreign 121 country of concern, the substance of the agreement must shall be 122 shared with federal agencies concerned with protecting national 123 security or enforcing trade sanctions, embargoes, or other 124 restrictions under federal law. If such federal agency provides 125 information suggesting that such agreement promotes an agenda 126 detrimental to the safety or security of the United States or 127 its residents, the public entity may not enter into the 128 agreement. 129 (3)(a)For the purposes of this subsection only, the term 130 agreement means a written statement of mutual interest in 131 academic or research collaboration. 132 (b)Beginning July 1, 2023, a state university or state 133 college authorized to expend state-appropriated funds may not 134 accept any grant from or participate in any agreement with any 135 college or university based in a foreign country of concern, or 136 with any foreign principal, except as specified in paragraphs 137 (d) and (e). 138 (c)Beginning December 1, 2023, a state university or state 139 college authorized to expend state-appropriated funds may not 140 accept any grant from or participate in any partnership with any 141 college or university based in a foreign country of concern, or 142 with any foreign principal, except as specified in paragraphs 143 (d) and (e). 144 (d)A state university may, upon approval by the Board of 145 Governors, enter into a partnership or an agreement with a 146 college or university based in a foreign country of concern, or 147 with a foreign principal, if such partnership or agreement is 148 deemed by the board to be valuable to students and the state 149 university and is not detrimental to the safety or security of 150 the United States or its residents. A partnership or an 151 agreement approved under this paragraph must meet the other 152 relevant requirements of this section. 153 1.The board shall exercise the authority provided pursuant 154 to s. 1008.322 to sanction a state university pursuant to 155 subparagraph 2. which, without approval of the board, enters 156 into a partnership or an agreement with a college or university 157 based in a foreign country of concern, or with a foreign 158 principal. 159 2.The board may withhold additional performance funding 160 from a state university that, without approval from the board, 161 enters into a partnership or an agreement with a college or 162 university based in a foreign country of concern, or with a 163 foreign principal. The funds must be deposited into the General 164 Revenue Fund. 165 (e)A state college may, upon approval by the State Board 166 of Education, enter into a partnership or an agreement with a 167 college or university based in a foreign country of concern, or 168 with a foreign principal, if such partnership or agreement is 169 deemed by the state board to be valuable to students and the 170 state college and is not detrimental to the safety or security 171 of the United States or its residents. A partnership or an 172 agreement approved under this paragraph must meet the 173 requirements of this section. 174 1.Beginning July 1, 2023, the state board shall exercise 175 the authority provided pursuant to s. 1008.32 to sanction a 176 state college pursuant to subparagraph 2. which, without 177 approval from the state board, enters into a partnership or an 178 agreement with a college or university based in a foreign 179 country of concern, or with a foreign principal. 180 2.The state board may withhold additional performance 181 funding from a state college that, without approval from the 182 state board, enters into a partnership or an agreement with a 183 college or university based in a foreign country of concern, or 184 with a foreign principal. The funds must be deposited into the 185 General Revenue Fund. The state board may administratively 186 enforce this section. 187 (f)By December 1, 2024, and each December 1 thereafter, 188 the Board of Governors and the Department of Education, 189 respectively, shall submit a report to the Governor, the 190 President of the Senate, and the Speaker of the House of 191 Representatives relating to partnerships and agreements of state 192 universities and state colleges, respectively, with colleges and 193 universities based in a foreign country of concern and with 194 foreign principals. At a minimum, the report must include the 195 following information for the previous fiscal year: 196 1.Data reflecting any grant program, agreement, 197 partnership, or contract between a state university or state 198 college and any college or university based in a foreign country 199 of concern, or with a foreign principal. 200 2.Data reflecting any office, campus, or physical location 201 used or maintained by a state university or state college in a 202 foreign country of concern, or with a foreign principal. 203 3.The date on which any such grant program, agreement, 204 partnership, or contract reported pursuant to subparagraph 1. is 205 expected to terminate. 206 (g)The Board of Governors and the State Board of Education 207 shall adopt regulations and rules, respectively, to administer 208 this subsection. 209 (4)(3)A state agency, political subdivision, public school, 210 state college, or state university may not accept anything of 211 value conditioned upon participation in a program or other 212 endeavor to promote the language or culture of a foreign country 213 of concern. 214 (5)(4)For the 2022-2023 fiscal year, notwithstanding 215 subsection (2), a state agency, political subdivision, public 216 school, state college, or state university may not enter into any 217 agreement with or accept any grant from the Russian Federation. 218 This subsection expires July 1, 2023. 219 Section 2.Paragraph (h) of subsection (1) of section 220 286.101, Florida Statutes, is amended, paragraphs (i) and (j) are 221 added to that subsection, and subsection (10) is added to that 222 section, to read: 223 286.101Foreign gifts and contracts. 224 (1)As used in this section, the term: 225 (h)State agency means any agency or unit of state 226 government created or established by law. For the purposes of 227 this section only, the term does not include a state university 228 or a state college. 229 (i)State college means any postsecondary educational 230 institution under the supervision of the State Board of 231 Education, including any entity under the control of or 232 established for the benefit of a state college. 233 (j)State university means any state university under the 234 supervision of the Board of Governors, including any entity 235 under the control of or established for the benefit of a state 236 university. 237 (10)(a)A state university or state college, or any 238 employee or representative of a state university or state 239 college, may not solicit or accept any gift in its official 240 capacity, including any physical object, loan, reward, promise 241 of future employment, favor, or service, from a college or 242 university based in a foreign country of concern or from a 243 foreign principal as those terms are defined in s. 288.860. 244 (b)The Board of Governors and the State Board of Education 245 shall adopt regulations and rules, respectively, to administer 246 this subsection. 247 Section 3.Paragraph (s) is added to subsection (1) of 248 section 1002.421, Florida Statutes, to read: 249 1002.421State school choice scholarship program 250 accountability and oversight. 251 (1)PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.A private 252 school participating in an educational scholarship program 253 established pursuant to this chapter must be a private school as 254 defined in s. 1002.01(2) in this state, be registered, and be in 255 compliance with all requirements of this section in addition to 256 private school requirements outlined in s. 1002.42, specific 257 requirements identified within respective scholarship program 258 laws, and other provisions of Florida law that apply to private 259 schools, and must: 260 (s)Not be owned or operated by a person or an entity 261 domiciled in, owned by, or in any way controlled by a foreign 262 country of concern or foreign principal as defined in s. 263 288.860. A violation of this paragraph constitutes an imminent 264 threat to the health, safety, and welfare of the schools 265 students and to the public, sufficient to justify immediate 266 suspension of payment of scholarship funds under paragraph 267 (3)(e), as well as denial, suspension, or revocation of a 268 schools participation in a scholarship program under paragraph 269 (3)(b). 270 271 The department shall suspend the payment of funds to a private 272 school that knowingly fails to comply with this subsection, and 273 shall prohibit the school from enrolling new scholarship 274 students, for 1 fiscal year and until the school complies. If a 275 private school fails to meet the requirements of this subsection 276 or has consecutive years of material exceptions listed in the 277 report required under paragraph (q), the commissioner may 278 determine that the private school is ineligible to participate 279 in a scholarship program. 280 Section 4.This act shall take effect July 1, 2023.