The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Military and Veterans Affairs, Space, and Domestic Security
BILL: SM 540
INTRODUCER: Senator Avila
SUBJECT: Chinese and Cuban Governments
DATE: January 9, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Ingram Proctor MS Favorable
2. RC
I. Summary:
SM 540 is a memorial to the United States Department of State, urging the United States
Secretary of State to condemn the emerging partnership between the Chinese Communist Party
(CCP) and the communist regime in Cuba and the establishment of Chinese espionage and
military capabilities in Cuba.
The memorial also urges the United States Secretary of State to condemn the CCP for taking
steps to collect sensitive information regarding the United States Government and its citizens and
for establishing a potential base for the CCP’s military and intelligence services 90 miles from
the United States, an aggressive action threatening national security.
The memorial directs the Secretary of State to dispatch copies to the President of the United
States, the President of the United States Senate, the Speaker of the United States House of
Representatives, the United States Secretary of State, and each member of the state delegation to
the United States Congress.
A memorial is an official legislative document addressed to the United States Congress, the
President of the United States, or some other governmental entity that expresses the will of the
Legislature on a matter within the jurisdiction of the recipient. A memorial requires passage by
both legislative houses but does not require the Governor’s approval nor is it subject to a veto.
II. Present Situation:
Cuban Communist Regime
The Cuban Communist Party was founded in the 1920s and registered as a political party in
1939, going through several name and organizational changes until it became the Communist
REVISED: BILL: SM 540 Page 2
Party of Cuba in 1965 under Fidel Castro.
1, 2
In February 2019, a newly ratified constitution
codified that Cuba continues to be a one-party system in which the Communist Party is the only
legal political party.
3
On January 3, 1961, the United States cut off diplomatic relations with Cuba due to unjustified
action by the Cuban government which placed detrimental limitations on the ability of the United
States Mission to carry out its customary ambassadorial functions.
4
In an exchange of letters in
June 2015, President Barack Obama and Cuban President Raúl Castro agreed to the
recommencement of formal diplomatic relations between the two countries on July 20, 2015,
when both countries elevated their respective Interests Sections
5
to Embassy status.
6
Chinese Communist Party
Founded in 1921 in Shanghai, the CCP began as a study group working within the confines of
the First United Front with the Chinese Nationalist Party.
7
Chinese communists joined with the
Nationalist Army in 1926 to rid China of the warlords that prevented the formation of a strong
central government. This collaboration lasted until 1927, when the Nationalists violently turned
on the communists, ousting them from the Nationalist Party.
8
On October 1, 1949, the CCP leader Mao Zedong declared the creation of the People’s Republic
of China (PRC). The announcement ended the costly full-scale civil war between the CCP and
the Nationalist Party, which broke out immediately following World War II and had been
preceded by conflict between the two sides since the 1920s. The creation of the PRC also
completed the long process of governmental upheaval in China begun by the Chinese Revolution
of 1911. The “fall” of mainland China to communism in 1949 led the United States to suspend
diplomatic ties with the PRC for decades.
9
In 1973, as part of an effort toward normalization, the United States and the PRC each opened a
liaison office in Beijing and Washington, D.C., respectively, to conduct all matters pertaining to
the United States-PRC relationship with the exception of formal diplomatic aspects. On January
1
U.S. Dep’t of State, Office of the Historian, Foreign Relations Of The United States, 1958–1960, Cuba, Volume VI,
Document 278, Growth of Communism in Cuba, available at https://history.state.gov/historicaldocuments/frus1958-
60v06/d278 (last visited Jan. 2, 2024).
2
Britannica, History & Society, Communist Party of Cuba (Dec. 6. 2023) available at
https://www.britannica.com/topic/Communist-Party-of-Cuba (last visited Jan. 2, 2023).
3
U.S. Dep’t of State, Bureau of Democracy, Human Rights, and Labor, 2020 Country Reports on Human Rights Practices:
Cuba, available at https://www.state.gov/reports/2020-country-reports-on-human-rights-practices/cuba/ (last visited Jan. 2,
2024).
4
U.S. Dep’t of State, Office of the Historian, A Guide to the United States’ History of Recognition, Diplomatic, and Consular
Relations, by Country, since 1776: Cuba, available at https://history.state.gov/countries/cuba (last visited Jan. 2, 2024).
5
The National Museum of American Diplomacy defines an “Interests Section” as an office responsible for protecting the
interests of the United States, housed in a third country embassy, in a country with which the United States has no formal
diplomatic relations, available at https://diplomacy.state.gov/encyclopedia/interest-section/ (last visited Jan. 2, 2024).
6
U.S. Dep’t of State, supra note 4.
7
U.S. Dep’t of State, Office of the Historian, Milestones: 1945-1952, The Chinese Revolution of 1949, available at
https://history.state.gov/milestones/1945-1952/chinese-rev (last visited Jan. 2, 2024).
8
Britannica, History & Society, Chinese Political Party (Jan. 1, 2024) available at
https://www.britannica.com/topic/Chinese-Communist-Party (last visited Jan. 2, 2024).
9
U.S. Dep’t of State, supra note 7. BILL: SM 540 Page 3
1, 1979, the United States recognized the PRC and established diplomatic relations with it as the
sole legitimate government of China. Subsequently, the United States opened an Embassy in
Beijing on March 1, 1979, which was the previously established United States Liaison Office.
10
Office of the Secretary of Defense
Annual Report to Congress: Military and Security Developments Involving the People’s
Republic of China
According to the 2023 Secretary of Defense’s report to Congress, the PRC’s national strategy is
“a determined pursuit of political, social, and military modernity to expand the PRC’s national
power, perfect its governance, and revise the international order in support of the PRC’s system
of governance and national interests.”
11
The report expounds on China’s national, economic, and
military strategies, along with China’s intent to develop technologically and to expand in
different areas including, but not limited to, the PRC’s military modernization and operational
goals and “its overseas logistics and basing infrastructure to allow the [People’s Liberation
Army] (PLA) to project and sustain military power at greater distances. If realized, a global PLA
military logistics network could disrupt United States military operations as the PRC’s global
military objectives evolve.”
12
Spy Balloon
Balloons, in certain instances and compositions, have a long history of technological use.
Balloons have been utilized by government organizations to collect information in numerous
ways including, but not limited to, weather monitoring, scientific investigations relating to space
exploration, the detection and monitoring of drug-smuggling operations, and information
collection on pollution and the ozone.
13
Weather balloons used by the National Weather Service measure about 6 feet wide when
launched, and as the weather balloon rises it expands in diameter to about 20 feet.
14
Weather
balloons remain in the air for a couple of hours and usually only travel about 100 miles from
where they were launched.
15
10
U.S. Dep’t of State, Office of the Historian, A Guide to the United States’ History of Recognition, Diplomatic, and
Consular Relations, by Country, since 1776: China, available at https://history.state.gov/countries/china (last visited Jan. 2,
2024).
11
U.S. Dep’t of Defense, Annual Report-Military and Security Developments Involving the People’s Republic of China
2023, Executive Summary, Understanding China’s Strategy, p. II, available at
https://media.defense.gov/2023/Oct/19/2003323409/-1/-1/1/2023-MILITARY-AND-SECURITY-DEVELOPMENTS-
INVOLVING-THE-PEOPLES-REPUBLIC-OF-CHINA.PDF (last visited Jan. 2, 2024).
12
Id. at XI.
13
Government Technology, 10 Uses for Balloons That (Probably) Won’t Cause an International Incident (Feb. 15, 2023)
available at https://www.govtech.com/products/10-uses-for-balloons-that-probably-wont-cause-an-international-incident
(last visited Jan. 2, 2024).
14
Jan Wesner Childs, Tim Harris and Jonathan Belles, Chinese Balloon Shot Down Differs From Weather Balloons, The
Weather Channel (Feb. 5, 2023) available at https://weather.com/news/news/2023-02-04-chinese-balloon-spy-weather (last
visited Jan. 2, 2024).
15
Id. BILL: SM 540 Page 4
Balloons may also be used for adversary surveillance, and in contrast to a weather balloon, spy
balloons are typically much larger and may continue to be airborne for multiple days as opposed
to just hours, as was witnessed when the PRC’s high-altitude surveillance balloon purposefully
crossed over the United States and Canada in February 2023.
16
Unlike a typical weather balloon
the PRC’s surveillance balloon was 200 feet tall, and the payload
17
was 90 feet across.
18
China
falsely claimed that the balloon was a weather balloon that was blown off-course. Its route over
the United States, near many potential sensitive sites, contradicted the PRC government's
explanation that it was a weather balloon.
19
The spy balloon was brought down into the ocean off
the coast of South Carolina when a fighter aircraft from Langley Air Force Base fired a missile
into the balloon.
20
It was determined that the high-altitude balloon’s equipment was clearly for
intelligence surveillance
21
and according the United States Secretary of State, “once over the
United States, the balloon, attempted to surveil very critical, important military installations.”
22
Media Reports
On June 8, 2023, it was reported that China and Cuba reached an undisclosed agreement for
China to establish an electronic eavesdropping facility in Cuba
23
and on June 11, it was then
reported that China had been operating a spy base in Cuba since at least 2019 as part of a global
effort by Beijing to upgrade its intelligence-gathering capabilities.
24
According to a report in the Miami Herald, a research professor at the United States Army War
College
25
opined that if China sets up a military training facility in Cuba, such facility placement
“accelerates the level of tactical and operational coordination between China and Cuba that can
be used in times of war.”
26
16
U.S. Dep’t of Defense, Transcript-Senior Defense Official and Senior Military Official Hold an Off-Camera, On-
Background Press Briefing Update on the High-Altitude Surveillance Balloon (Feb. 4, 2023) available at
www.defense.gov/News/Transcripts/Transcript/Article/3288618/senior-defense-official-and-senior-military-official-hold-an-
off-camera-on-back/ (last visited Jan. 2, 2024).
17
Merriam-Webster Dictionary defines “payload” as the load carried by an aircraft or spacecraft consisting of people or
things (such as passengers or instruments) necessary to the purpose of the flight, available at https://www.merriam-
webster.com/dictionary/payload (last visited Jan. 2, 2024).
18
U.S. Dep’t of State, U.S.-China Relations FPC Briefing (Feb. 22, 2023) available at https://www.state.gov/briefings-
foreign-press-centers/us-china-relations (last visited Jan. 2, 2024).
19
U.S. Dep’t of Defense, supra note 16.
20
Id.
21
U.S. Dep’t of State, supra note 17.
22
Press Release, U.S. Dep’t of State, Secretary Antony J. Blinken With Martha Raddatz of ABC This Week, Feb. 19. 2023,
available at https://www.state.gov/secretary-antony-j-blinken-with-martha-raddatz-of-abc-this-week-2/ (last visited Jan. 2,
2024).
23
Warren P. Strobel and Gordon Lubold, Cuba to Host Secret Chinese Spy Base Focusing on U.S., Beijing agrees to pay
Havana several billion dollars or eavesdropping facility, The Wall Street Journal (June 8, 2023) available at
https://www.wsj.com/articles/cuba-to-host-secret-chinese-spy-base-focusing-on-u-s-
b2fed0e0?reflink=desktopwebshare_permalink (last visited Jan. 2, 2024).
24
Aamer Madhaniap, Washington News - US confirms China has had a spy base in Cuba since at least 2019, AP (June 11,
2023) available at https://apnews.com/article/china-cuba-spy-base-us-intelligence-0f655b577ae4141bdbeabc35d628b18f
(last visited Jan. 2, 2024).
25
CSIS-Center for Strategic & International Studies, Evan Ellis, available at https://www.csis.org/people/evan-ellis (last
visited Jan. 2, 2024).
26
Nora Gámez Torres, China has had a spy base in Cuba for decades, a former intelligence officer says, Miami Herald, July
5, 2023 (on file with the Senate Committee on Military and Veterans Affairs, Space, and Domestic). BILL: SM 540 Page 5
In a letter to the United States Secretary of State and the Director of the Central Intelligence
Agency regarding PRC intelligence and military activities in Cuba, the Chairs of the United
States Senate Foreign Relations Committee and United States House Foreign Affairs Committee
both expressed their concerns regarding the reported collusion of the Cuban regime and the PRC
and how the countries’ working partnership undermines United States national security.
27
Memorial
A memorial is an official legislative document addressed to Congress, the President of the
United States, or some other governmental entity that expresses the will of the Legislature on a
matter within the jurisdiction of the recipient. A memorial requires passage by both legislative
houses but does not require the Governor’s approval nor is it subject to a veto.
III. Effect of Proposed Changes:
SM 540 urges the United States Secretary of State to condemn the emerging partnership between
the CCP and the communist regime in Cuba and the establishment of Chinese espionage and
military capabilities in Cuba.
The memorial also urges the United States Secretary of State to condemn the CCP for taking
steps to collect sensitive information regarding the United States Government and its citizens and
for establishing a potential base for CCP’s military and intelligence services 90 miles from the
United States, an aggressive action threatening national security.
The memorial directs the Secretary of State to dispatch copies to the President of the United
States, the President of the United States Senate, the Speaker of the United States House of
Representatives, the United States Secretary of State, and each member of the state delegation to
the United States Congress.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
None.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
27
Press Release, Congress of the United States, Chairmen McCall, Menendez Call on Blinken, Burns to Receive Classified
Briefing on China-Cuba Spy Facility, Jun. 22, 2023, available at https://foreignaffairs.house.gov/press-release/chairmen-
mccaul-menendez-call-on-blinken-burns-to-receive-classified-briefing-on-china-cuba-spy-facility/ (last visited Jan. 2, 2024). BILL: SM 540 Page 6
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
B. Private Sector Impact:
None.
C. Government Sector Impact:
None.
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
None.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.