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A bill to be entitled 1
An act relating to threats from foreign nations; 2
creating s. 16.81, F.S.; providing legislative intent; 3
defining terms; prohibiting a person from acting as a 4
certain agent unless such person files a specified 5
statement with the Attorney General; requiring that 6
such person file such statement and any supplements 7
thereto with the Attorney General within a specified 8
timeframe; providing filing requirements; providing 9
requirements for the registration statement; requiring 10
an agent who has registered to periodic ally file 11
supplements with the Attorney General; providing 12
requirements for such supplements; requiring a 13
registrant to give a certain notice within a specified 14
timeframe; authorizing the Attorney General to require 15
supplements to be filed at more frequent intervals; 16
requiring that such statements and supplements be 17
executed under oath; specifying that certain filings 18
may be deemed not in compliance; providing that filing 19
specified statements and supplements does not preclude 20
prosecution under specified cir cumstances; authorizing 21
the Attorney General to allow incorporation of 22
information or documents by reference; exempting 23
certain agents from the requirement to register with 24
the Attorney General; requiring agents to file a 25
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specified number of copies of cert ain materials with 26
the Attorney General within a certain timeframe; 27
prohibiting an agent in this state from transmitting, 28
through specified means, certain information unless 29
such information contains a certain statement; 30
providing that certain materials ar e subject to public 31
inspection; prohibiting an agent from transmitting or 32
conveying information to specified entities unless the 33
agent includes a certain statement; requiring an agent 34
to furnish the agent's registration statement to 35
specified entities unde r specified conditions for 36
inclusion in the entities' records; providing that 37
such statements are included in the entities' records 38
as part of the agent's testimony; requiring an agent 39
to keep and maintain specified books of account and 40
other records for a specified timeframe; requiring 41
agents to maintain such books of account and other 42
records in accordance with certain practices; 43
providing that such books of account and other records 44
are subject to inspection by certain officials; 45
prohibiting agents from taking certain actions 46
regarding such books of account and records; providing 47
criminal and civil penalties; requiring the Attorney 48
General to retain a specified number of copies of all 49
registration statements in a specified manner; 50
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requiring the Attorney G eneral to transmit 51
registration statements and supplements to the United 52
States Secretary of State upon receipt; providing that 53
the failure of the Attorney General to transmit such 54
registration statements and supplements is not a bar 55
to prosecution; author izing the Attorney General to 56
furnish specified information to certain entities; 57
requiring the Attorney General to periodically submit 58
a certain report to the Legislature, beginning on a 59
specified date; requiring the Attorney General to 60
report monthly on the Office of the Attorney General's 61
publicly available website certain information; 62
requiring certain officers and directors to comply 63
with specified requirements; providing that 64
dissolution of certain organizations does not relieve 65
their officers and dire ctors of specified 66
requirements; providing criminal penalties for willful 67
violations of specified provisions; providing that 68
agents who willfully violate specified provisions must 69
be expelled from and prohibited from entering any 70
campus of this state; requ iring the State University 71
System and the Florida College System to adopt 72
specified rules; providing that proof of the specific 73
identity of a specified foreign principal is 74
permissible but not necessary in certain proceedings; 75
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requiring that certain aliens be referred to the 76
Department of Justice for removal proceedings; 77
providing that a failure to file specified statements 78
is a continuing offense as long as the failure 79
persists; authorizing the Attorney General to apply to 80
the courts to enjoin the actions of specified persons; 81
providing that the state court has jurisdiction and 82
authority to issue certain orders; requiring the 83
Attorney General to notify a registrant in writing 84
after making a certain determination; prohibiting a 85
person from acting as a certai n agent within a 86
specified timeframe after receiving such notice unless 87
certain conditions exist; prohibiting an agent from 88
entering into a contract that is contingent upon the 89
success of any political activity; requiring state 90
employees to annually submit a certain affidavit; 91
providing that specified students or employees who 92
willfully violate specified provisions must be 93
expelled from and prohibited from entering any 94
institution of higher education; requiring the State 95
University System and the Florida Co llege System to 96
adopt a specified policy; requiring institutions of 97
higher education to develop a specified reporting 98
mechanism; requiring certain active businesses and 99
nonprofits to file a specified form; requiring the 100
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Secretary of State to provide such f orm; requiring the 101
Attorney General to provide specified information on 102
the Office of the Attorney General's publicly 103
available website; authorizing the Attorney General to 104
exchange certain information with specified entities; 105
providing for retroactive app lication; requiring 106
specified persons to file registration statements for 107
a specified timeframe; authorizing the Attorney 108
General to adopt rules; creating s. 287.1381, F.S.; 109
providing a short title; providing legislative 110
purpose; defining terms; prohibitin g certain companies 111
and entities from entering into agreements relating to 112
critical infrastructure with foreign principals; 113
prohibiting governmental entities from entering into 114
contracts or other agreements relating to critical 115
infrastructure with certain companies; providing 116
exceptions; requiring companies to register with the 117
Department of Management Services to access critical 118
infrastructure; requiring companies to perform 119
specified actions to remain registered with the 120
department; requiring the departme nt to provide 121
certificates to such companies; authorizing the 122
revocation of such certificates under specified 123
circumstances; requiring companies to notify the 124
department under specified conditions; authorizing the 125
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department to conduct a certain investigat ion within a 126
specified timeframe; requiring the Attorney General on 127
behalf of the department to file a request for an 128
injunction with the Supreme Court under certain 129
conditions; requiring that the Supreme Court issue a 130
certain order; requiring the departme nt to notify 131
critical infrastructure entities of known or suspected 132
cyberthreats, vulnerabilities, and adversarial 133
activities in a specified manner; prohibiting the 134
state from using specified software; providing that if 135
any such software is being used, it must be removed 136
and replaced with compliant software; providing that 137
companies that remove and replace such software are 138
not required to obtain additional permits to do so; 139
prohibiting governmental entities and critical 140
infrastructure providers from enteri ng into or 141
renewing certain contracts beginning on a specified 142
date; requiring the department to create certain 143
public listings; creating s. 287.1382, F.S.; providing 144
a short title; providing legislative purpose; defining 145
terms; requiring critical communic ations 146
infrastructure to have all prohibited equipment 147
removed and replaced; providing that companies 148
engaging in such replacement and removal do not need 149
additional permits; requiring communications providers 150
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to file a certain attestation annually with th e 151
department; providing civil penalties for late filing 152
of such attestations; requiring such companies to 153
provide the department with information related to a 154
person with managerial responsibilities in this state; 155
requiring communications providers to enga ge in 156
specified actions; providing administrative penalties 157
for communications providers that violate specified 158
provisions; providing administrative fines for 159
communications providers that submit false 160
attestations or certifications; prohibiting specified 161
communications providers from receiving certain funds; 162
requiring the department to develop and publish 163
quarterly a certain map; specifying requirements for 164
such map; creating s. 943.0315, F.S.; providing a 165
short title; providing legislative intent and poli cy; 166
defining terms; requiring the Chief of Domestic 167
Security to annually produce and publish a certain 168
risk assessment; requiring that the risk assessment 169
include specified information; creating the Council on 170
Pacific Conflict; requiring the Department of Law 171
Enforcement to provide administrative support; 172
providing for the composition, membership, and 173
appointments of the council; providing that members of 174
the council are entitled to per diem and travel 175
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reimbursement; requiring that members be appointed by 176
a specified date; requiring that the first meeting be 177
held by a specified date and at least quarterly 178
thereafter; authorizing the chair of the council to 179
call for a meeting at any time; authorizing the 180
council to retain external advisors for certain 181
purposes; providing that such advisors may not be 182
compensated, but may be reimbursed for per diem and 183
travel expenses; requiring the council to prepare a 184
specified annual report; authorizing the council to 185
perform specified actions; requiring the council to 186
engage with the Division of Emergency Management to 187
apply for a certain grant; requiring the Secretary of 188
Management Services to conduct a supply chain audit 189
and submit a report of such audit to the Governor and 190
the Legislature by a specified date; specifying 191
requirements for the supply chain audit report; 192
requiring the Governor to provide a summary report to 193
the Legislature and the public; prohibiting the 194
inclusion of specified information in the report; 195
requiring the Chief of Domestic Security to lead a 196
specified study, coordinate the research, and develop 197
a report of the study; requiring the Chief of Domestic 198
Security to identify certain critical infrastructure 199
and assets; requiring the Chief of Domestic Security 200
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to apply consistent, objective criteria when ma king 201
such identifications; requiring the Chief of Domestic 202
Security to produce a certain report by a specified 203
date; requiring that the report include specified 204
information; requiring the Chief of Domestic Security 205
to coordinate with specified entities to produce the 206
report; requiring state agencies to provide the Chief 207
of Domestic Security with specified information; 208
requiring the Chief of Domestic Security to develop a 209
process for stakeholders to submit certain 210
information; authorizing the Chief of Domest ic 211
Security to coordinate with specified entities; 212
requiring the Chief of Domestic Security to notify 213
certain owners and operators of a certain 214
identification; requiring that such notice include 215
specified information; amending ss. 943.03 and 216
943.0311, F.S.; conforming provisions to changes made 217
by the act; providing a contingent effective date. 218
219
Be It Enacted by the Legislature of the State of Florida: 220
221
Section 1. Section 16.81, Florida Statutes, is created to 222
read: 223
16.81 State Foreign Adversary Registration Act.— 224
(1) LEGISLATIVE INTENT. —It is the intent of the 225
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Legislature to provide public transparency for the political and 226
propaganda activities and influence operations conducted in this 227
state by agents of adversarial nations and foreign terro rist 228
organizations. 229
(2) DEFINITIONS.—As used in this section, the term: 230
(a) "Adversarial nation" means a country listed in 15 231
C.F.R. s. 7.4(a). 232
(b)1. "Agent of a foreign principal" means: 233
a. A person who acts as an agent, a representative, an 234
employee, or a servant, or in any other capacity, at the order 235
or request or under the direction or control of a foreign 236
principal or a person whose activities are directly or 237
indirectly supervised, directed, controlled, financed, or 238
subsidized in whole or in p art by a foreign principal, and who 239
directly or through any other person: 240
(I) Engages in political activities in this state for or 241
in the interests of such foreign principal; 242
(II) Acts as a public relations counsel, a publicity 243
agent, an information se rvice employee, or a political 244
consultant in this state for or in the interests of such foreign 245
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
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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 ot her than the 275
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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 subdivisio ns. 284
(d) "Foreign principal" means: 285
1. A government of a foreign country or a foreign 286
political 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 State s; 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
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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 306
organization on the United States Department of State's list of 307
Designated Foreign Terrorist Organizations. 308
(f) "Government of a foreign count ry" 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
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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 in tended 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 St ates 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 enti ty 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
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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 politi cal 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 un der 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 for eign principal 372
from an adversarial nation or a foreign terrorist organization, 373
a person must file with the Attorney General a true and complete 374
registration statement and any supplements thereto as required 375
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by this paragraph or paragraph (b) unless the per son 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 w ith 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 th e 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 addr esses, 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 an d 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
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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 l ist 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 agree ment and the terms and 424
conditions of each oral agreement, including all modifications 425
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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 ad versarial 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 a ctivity. 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 444
registrant performs or assumes or purports or has agreed to 445
perform for himself or herself or any other person other than a 446
foreign principal from an adversarial nation or a foreign 447
terrorist organization and that requires his or her registration 448
pursuant to this section, including a detailed statement of any 449
such activity that is a political activity. 450
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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 act s, 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 who le 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 pa yment 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 un dertaken 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
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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 mak ing 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 tha t 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
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furnished, are not misleading. 501
(b)1. An agent of a foreign principa l 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 suppl ement 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 maintai n 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 giv e 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 furn ished 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 execu te the registration 525
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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 d oes 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 doc uments 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 requir ed 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
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information or documents previously filed by such agent in the 551
registration statement or supplements re quired 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 560
government is recognized by the United Sta tes, who is not a 561
public relations counsel, a publicity agent, an information 562
service employee, or a citizen of the United States, and whose 563
name and status and the character of whose duties as such 564
official are of public record with the United States Depa rtment 565
of State, while such official is engaged exclusively in 566
activities that are recognized by the Department of State as 567
being within the scope 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
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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 b eing within the scope of 578
such member's or employee's functions; or 579
(d) Any individual qualified to practice law in this 580
state, insofar as he or she engages or agrees to engage in the 581
legal 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 of ficials 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 INFOR MATIONAL 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 transmi tted 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 terror ist 599
organization in print or in any other form that is reasonably 600
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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 605
an 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 sectio n 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 ad versarial 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 terroris t 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 avail able 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 624
an agent of a foreign principal from an adversarial nation or a 625
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foreign terrorist organization and who is r equired 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 commi ttee 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 suc h 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 647
adversarial nation or a foreign terrorist organization required 648
to register under this section appears before any committee of 649
the Legislature or the governing body of a county or a 650
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municipality to testify for or in the interests of such foreign 651
principal from an adversarial nation or a foreign terrorist 652
organization, the agent must, at the time of such appearance, 653
furnish the committee or governing body with a copy of the 654
agent's most recent registration statement filed with the 655
Attorney General for inclusion i n the records of the committee 656
or governing body as part of the agent's testimony. 657
(6) MAINTENANCE OF BOOKS AND RECORDS. —An agent of a 658
foreign principal from an adversarial nation or a foreign 659
terrorist organization registered pursuant to this section mu st, 660
while an agent of a foreign principal from an adversarial nation 661
or a 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 wit h 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 accou nt and preserve all written records with 675
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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 will fully 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 E XAMINATION 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 Stat e 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
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(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 712
Office of the Attorney General's public ly available website 713
information related to the administration of this section, 714
including registrations filed and the nature, sources, and 715
content of political propaganda disseminated and distributed. 716
(8) LIABILITY OF OFFICERS. —An officer or an individua l 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
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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 se ction 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, supplemen t, 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 materi al 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
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associated with the State University System or Florida College 751
System and who: 752
1. Willfully violates this section or any ru les 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 bein g 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
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adversarial nation or a forei gn 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 ad versarial 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 con tinuing 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
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(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 814
from an adversarial nation or a foreign terrorist organization 815
required to register under this sectio n 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 re muneration 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
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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 regi stration 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
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(d) An active business or a nonprofit oper ating within 851
this state shall attest in writing that such business or 852
nonprofit is cognizant of and in compliance with this section. 853
The Secretary of State shall provide a simple 1 -page attestation 854
form for all businesses and nonprofits operating within th is 855
state to attest 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 863
collected pursuant to this section with government officials of 864
other states to incr ease the transparency and registration 865
compliance of agents of foreign principals from adversarial 866
nations or foreign terrorist organizations which operate in 867
multiple states. 868
(12) APPLICATION.—The requirements of this section are 869
retroactive for any per son 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
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(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 883
this 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
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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 classifi ed 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
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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, 928
or 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 countr y 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 937
entities described in subparagraphs 1. -4. having a controlli ng 938
interest in a partnership, association, corporation, 939
organization, trust, or any other legal entity or subsidiary 940
formed for the purpose of owning real property. 941
(g) "Software" means any program or routine, or any set of 942
one or more programs or routin es, 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 softwa re. 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
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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 par agraph (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
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(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 pers on 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 cr itical 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 subs ection (4). 995
(c) The department shall provide a certificate to a 996
company 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
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(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, t hat 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, 1016
or 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
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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 1031
infrastructure entities by maintaining the confidentiality of 1032
trade secrets or other proprietary information, but only to the 1033
extent that such precaution does not inhibit the ability of the 1034
department to effectively communicate the threat of a known or 1035
suspected exploit or adversarial activity. 1036
(7) PROHIBITIONS ON CERTAIN SOFTWARE IN CRITICAL 1037
INFRASTRUCTURE.— 1038
(a) Software used in stat e infrastructure located within 1039
or 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 n ot prohibited by such 1048
paragraphs. 1049
(c) Any state infrastructure provider that removes, 1050
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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, d iscontinuance, 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 1066
controlling interest in the contracting vendor; or 1067
3. The contracting vendor is selling a product produced by 1068
a government of a country of c oncern, 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
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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 1078
controlling 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 1085
a 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 1100
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controlling 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 1110
of 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 ow ned or controlled by a company 1115
primarily domiciled in a country of concern. 1116
(c) By July 1, 2026, the department shall create, 1117
maintain, and update a public listing of prohibited Wi -Fi 1118
routers, modem systems, and smart meter technologies for 1119
governmental entities 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
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(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 th at 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 b anned by the 1149
Federal Communications Commission, including, but not limited 1150
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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 S afety 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
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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 1187
all 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 Re imbursement 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 i s 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 com pliance with the 1199
reimbursement program. 1200
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(7)(a) A communications provider that violates this 1201
section may be subject to an administrative fine of no less than 1202
$5,000 per day and no more than $25,000 per day of 1203
noncompliance. 1204
(b) A communications provider that submits a false 1205
attestation or certification under subsection (6) may be subject 1206
to an administrative fine of no less than $10,000 per day and no 1207
greater than $20,000 per day of noncompliance. 1208
(c) A communications provider that fails to comply with 1209
this section or has been fined pursuant to this section may not 1210
receive any state or local funds for the development or support 1211
of new or existing critical communications infrastructure, 1212
including funds from the Florida Communications Universal 1213
Service Fund, and may not receive any federal funds subject to 1214
distribution by state or local governments for the development 1215
or support of new or existing critical communications 1216
infrastructure. 1217
(8) The department shall develop and publish quarterly a 1218
map of known prohibited communications equipment described in 1219
paragraph (6)(b) located in or serving this state. The map must 1220
meet all of the following requirements: 1221
(a) Clearly show the location of the prohibited equipment 1222
and the communications area serviced by t he prohibited 1223
equipment. 1224
(b) Provide the name of the communications provider 1225
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responsible for the prohibited equipment. 1226
(c) Provide the manufacturer and equipment type or purpose 1227
of the prohibited equipment. 1228
Section 4. Section 943.0315, Florida Stat utes, is created 1229
to read: 1230
943.0315 Pacific Conflict Stress Test. — 1231
(1) SHORT TITLE.—This section may be cited as the "Pacific 1232
Conflict Stress Test." 1233
(2) INTENT AND POLICY. — 1234
(a) It is the intent of the Legislature to prepare and 1235
secure this state fro m the potential disruptive impact of a 1236
conflict precipitated by a foreign adversary against allies, 1237
democratic countries, or the Armed Forces of the United States 1238
in the Pacific theater. 1239
(b)1. It is the policy of this state to support the 1240
civilian and military command of the United States and its 1241
efforts to promote and maintain prosperity, peace, and security 1242
for the United States and its allies. It is also the policy of 1243
this state to reduce security vulnerabilities within and enhance 1244
the defensive postur e of this state so as to protect residents 1245
and citizens of the United States. 1246
2. It is further the policy of this state to make 1247
reasonable preparations for a potential regional or global 1248
conflict centered in the Pacific theater which could involve 1249
attacks upon the United States and its allies, which could 1250
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involve asymmetrical attacks on the American homeland, and which 1251
could cause the disruption or complete severing of supply chains 1252
between this state and the People's Republic of China, the 1253
Republic of China, or other countries in the Pacific theater. 1254
(3) DEFINITIONS.—As used in this section, the term: 1255
(a) "Critical infrastructure" means systems or assets, 1256
whether physical or virtual, so vital to this state or the 1257
United States that the incapacity or d estruction of such systems 1258
and assets would have a debilitating impact on state or national 1259
security, state or national economic security, state or national 1260
public health, or any combination thereof. Critical 1261
infrastructure may be publicly or privately own ed, and includes, 1262
but is not limited to: 1263
1. Gas and oil production, storage, or delivery systems. 1264
2. Water supply, treatment, storage, or delivery systems. 1265
3. Communication networks. 1266
4. Electrical power delivery systems. 1267
5. Emergency services. 1268
6. Transportation systems and services. 1269
7. Personal data or otherwise classified information 1270
storage systems, including cybersecurity. 1271
(b) "Critical procurements" means acquisitions made by the 1272
state or any agency, political subdivision, or private 1273
nongovernmental organization which are essential to the proper 1274
functioning of critical infrastructure or to the health, safety, 1275
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or security of this state or the United States. 1276
(c) "Pacific conflict" means: 1277
1. A declared war or armed conflict between the U nited 1278
States or any of its allies and another nation which occurs in 1279
or on the land, sea, or air of the Pacific Ocean area and 1280
threatens or could reasonably escalate to threaten the supply 1281
chains, critical infrastructure, safety, or security of this 1282
state or the United States; and 1283
2. Includes a significant deterioration of diplomatic ties 1284
or economic engagement between the United States or its allies 1285
and another nation which threatens Pacific trade, travel, and 1286
military operations or exercises. 1287
(d) "State supply chain" means the end -to-end process for 1288
shipping goods purchased by the state beginning at the point of 1289
origin through a point or points of distribution to a 1290
destination within this state. 1291
(e) "State vendor supply chain" means the end-to-end 1292
process for shipping goods to state vendors beginning at the 1293
point of origin through a point or points of distribution to a 1294
destination within this state. 1295
(4) STATE RISK ASSESSMENT. — 1296
(a) By January 1, 2026, and annually thereafter, the Chief 1297
of Domestic Security shall produce and publish a state risk 1298
assessment. 1299
(b) The state risk assessment must include, but is not 1300
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limited to, all of the following: 1301
1. An identification of threats and hazards that could 1302
negatively impact residents or asse ts of this state. 1303
2. A preparation of risk scenarios describing the cause 1304
and consequences of threats and hazards that might materialize 1305
to impact residents or assets of this state. 1306
3. An analysis of the probability and severity of the 1307
consequences associated with each risk scenario. 1308
4. An assessment of all substantial risks to this state's 1309
security, economic stability, public health, or any combination 1310
thereof occurring within and threatening this state. 1311
(5) COUNCIL ON PACIFIC CONFLICT. — 1312
(a) There is created the Council on Pacific Conflict 1313
adjunct to the Department of Law Enforcement. The council shall 1314
serve as an advisory council as defined in s. 20.03(7) to 1315
provide guidance and to make policy recommendations to the 1316
Governor and the Legislature r egarding critical infrastructure 1317
and supply chains to promote and maintain prosperity, peace, and 1318
security in this state. The department shall provide 1319
administrative support for the council. 1320
(b)1. The council is composed of the following members: 1321
a. The Chief of Domestic Security, who serves as the chair 1322
of the council, appointed by the Governor. 1323
b. The Secretary of Commerce or his or her designee, 1324
appointed by the Governor. 1325
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c. The Adjutant General or his or her designee, appointed 1326
by the Governor. 1327
d. The Executive Director of the Department of Law 1328
Enforcement, appointed by the Governor. 1329
e. The Executive Director of the Division of Emergency 1330
Management, appointed by the Governor. 1331
f. Four individuals with applicable knowledge of the 1332
threats posed to this state in the event of a Pacific conflict, 1333
with one member appointed by each of the following: 1334
(I) The President of the Senate. This individual shall 1335
serve as the vice-chair of the council. 1336
(II) The Minority Leader of the Senate. 1337
(III) The Speaker of the House of Representatives. 1338
(IV) The Minority Leader of the House of Representatives. 1339
2. Members of the council serve without compensation but 1340
are entitled to receive reimbursement for per diem and travel 1341
expenses as provided in s. 112.061. 1342
3. Members of the council must be appointed no later than 1343
September 1, 2025. 1344
(c) The council shall conduct its first meeting no later 1345
than October 1, 2025, and thereafter it shall meet at least 1346
quarterly. The chair may call for a meeting at any time. 1347
(d) The council may retain external advisors to provide 1348
expertise and collaborative research support. If the council 1349
retains such external advisors, they may not be compensated, but 1350
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may receive reimbursement for per diem and travel expenses as 1351
provided in s. 112.061. 1352
(e) The council shall prepare an annual report concerning 1353
the threats posed to this state in the event of a Pacific 1354
conflict. The report must incorporate findings from the supply 1355
chain audit required under subsection (6) and incorporate the 1356
findings of any report prepared under subsection (7). The report 1357
must provide a comprehensive risk assessment that includes all 1358
identified vulnerabilities and recommended mitigation and 1359
emergency response strategies pertaining to a Pacific conflict 1360
in the following areas: 1361
1. Critical infrastructure. 1362
2. Communications infrastructure. 1363
3. Military installations located within this state. 1364
4. State supply chains for critical procurements. 1365
5. State vendor supply chains for critical procurements. 1366
6. State cybersecurity. 1367
7. Public safety and security. 1368
8. Public health. 1369
9. Any other areas deemed appropriate or applicable by the 1370
council. 1371
(f) The council may: 1372
1. Consult experts. 1373
2. Request that the inspector general of the department 1374
investigate matters relating to this section. The inspector 1375
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general may receive testimony in any format and any evidence to 1376
assist the council. 1377
3. Liaise with federal officials. 1378
(g) The council shall engage with the Division of 1379
Emergency Management to apply for a Department of Homeland 1380
Security Preparedness Grant to offset costs incurred in 1381
implementing this section. 1382
(6) AUDIT OF STATE SUPPLY CHAINS AND STATE VENDOR SUPPLY 1383
CHAINS.—The Secretary of Management Services shall conduct a 1384
supply chain audit of all c ritical procurements purchased or 1385
supplied through a state supply chain or state vendor supply 1386
chain and produce an audit report that must be submitted to the 1387
Governor, the President of the Senate, and the Speaker of the 1388
House of Representatives by January 1, 2026. 1389
(a) The supply chain audit report must identify all of the 1390
following: 1391
1. All critical state procurements produced in or by a 1392
foreign adversarial nation, a state -owned enterprise of a 1393
foreign adversary nation, or a company owned by a company t hat 1394
is domiciled in a foreign adversary nation. 1395
2. All state critical procurements manufactured in 1396
countries or by companies at risk of disruption in the event of 1397
a Pacific conflict. 1398
3. All critical procurements sourced from any country or 1399
company which uses Pacific supply chain processes at risk of 1400
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disruption in the event of a Pacific conflict. 1401
(b) The supply chain audit report must recommend 1402
alternative sourcing, if available; highlight the difficulty in 1403
identifying potential alternative sourcing, i f relevant; and 1404
specify the level of risk to this state associated with such a 1405
disruption in sourcing for each procurement that is threatened 1406
in the event of a Pacific conflict. 1407
(c) The Governor shall provide a summary report to be made 1408
available to the Legislature and to the public. This report may 1409
not include any proprietary or confidential material or any 1410
information that would risk state or national security if 1411
published. 1412
(7) REPORT ON ADVERSARIAL THREATS TO STATE ASSETS, 1413
CRITICAL INFRASTRUCTURE, AN D MILITARY INSTALLATIONS. — 1414
(a) The Chief of Domestic Security shall lead the Study on 1415
Adversarial Threats and Critical Infrastructure and coordinate 1416
the research and development of the report on adversarial 1417
threats to state assets and critical infrastructure and military 1418
installations required by this subsection. 1419
(b) No later than January 1, 2026, the Chief of Domestic 1420
Security shall identify all critical infrastructure, military 1421
installations, and other assets within this state which could 1422
reasonably be targeted in a malicious action by an adversarial 1423
nation in the event of a Pacific conflict, which malicious 1424
action could result in a significant negative impact on the 1425
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public health, safety, economic security, or physical security 1426
of this state and nation. The Chief of Domestic Security shall 1427
apply consistent, objective criteria when identifying critical 1428
infrastructure, military installations, and other assets within 1429
this state. 1430
(c) No later than July 1, 2026, the Chief of Domestic 1431
Security shall produce a report on adversarial threats to state 1432
assets and critical infrastructure and military installations 1433
which must be available to the Governor and the members of the 1434
Council on Pacific Conflict. The report must include all of the 1435
following: 1436
1. Critical and other assets identified under paragraph 1437
(b), including the specific risks posed to each infrastructure 1438
system or asset in the event of a Pacific conflict. 1439
2. Mitigation strategies and recommendations to limit or 1440
eliminate the risk posed to the critical infrastructure, 1441
military installations, or other assets in the event of a 1442
Pacific conflict; and mitigation strategies and recommendations 1443
that limit or eliminate the risk posed to the safety and 1444
security of this state or nation in the event o f a Pacific 1445
conflict. 1446
3. A risk-based list of critical infrastructure, military 1447
installations, and other assets identified under paragraph (b), 1448
the order of which must be determined by the degree to which: 1449
a. Each critical infrastructure system, milita ry 1450
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installations, or other assets are in need of protective action; 1451
and 1452
b. The debilitation of each critical infrastructure 1453
system, military installations, or other assets would threaten 1454
the safety and security of this state and the nation. 1455
(d) The Chief of Domestic Security shall coordinate with 1456
the Council on Pacific Conflict and other state agencies and 1457
must be provided with the resources necessary to produce the 1458
report. All state agencies shall provide the Chief of Domestic 1459
Security with the info rmation necessary to carry out his or her 1460
responsibilities under this section. The Chief of Domestic 1461
Security shall develop a process for relevant stakeholders to 1462
submit information to assist in identifying critical 1463
infrastructure and other assets describe d under paragraph (b). 1464
(e) The Chief of Domestic Security may coordinate with 1465
institutions of higher education; private firms specializing in 1466
infrastructure risk management; and federal entities, including, 1467
but not limited to, the Department of Defense, the Cybersecurity 1468
and Infrastructure Security Agency, the Director of National 1469
Intelligence, the National Security Agency, or the Department of 1470
Homeland Security. 1471
(f) The Chief of Domestic Security, in coordination with 1472
state agencies, shall notify owner s and operators of critical 1473
infrastructure and other assets identified under paragraph (b) 1474
as having been identified as a potential target of malicious 1475
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actions by adversarial nations in the event of a Pacific 1476
conflict. Such notification must ensure that ow ners and 1477
operators are provided the basis for the determination made 1478
under paragraph (b). 1479
Section 5. Subsection (14) of section 943.03, Florida 1480
Statutes, is amended to read: 1481
943.03 Department of Law Enforcement. — 1482
(14) The department, with respect t o counter-terrorism 1483
efforts, responses to acts of terrorism within or affecting this 1484
state, coordinating with and providing assistance to the Federal 1485
Government in the enforcement of federal immigration laws, 1486
responses to immigration enforcement incidents within or 1487
affecting this state, and other matters related to the domestic 1488
security of Florida as it relates to terrorism , conflicts 1489
involving the Armed Forces of the United States, and immigration 1490
enforcement incidents, shall coordinate and direct the law 1491
enforcement, initial emergency, and other initial responses. The 1492
department shall work closely with the Division of Emergency 1493
Management, other federal, state, and local law enforcement 1494
agencies, fire and rescue agencies, first -responder agencies, 1495
and others involved in preparation against acts of terrorism in 1496
or affecting this state, conflicts involving the Armed Forces of 1497
the United States, immigration enforcement incidents within or 1498
affecting this state, and in the response to such acts or 1499
incidents. The executive director of the department, or another 1500
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member of the department designated by the director, shall serve 1501
as Chief of Domestic Security for the purpose of directing and 1502
coordinating such efforts. The department and Chief of Domestic 1503
Security shall use the regional domestic security task forces as 1504
established in this chapter to assist in such efforts. 1505
Section 6. Paragraphs (b) and (c) of subsection (1) of 1506
section 943.0311, Florida Statutes, are amended to read: 1507
943.0311 Chief of Domestic Secur ity; duties of the 1508
department with respect to domestic security. — 1509
(1) The executive director of the department, or a member 1510
of the department designated by the executive director, shall 1511
serve as the Chief of Domestic Security. The Chief of Domestic 1512
Security shall: 1513
(b) Prepare recommendations for the Governor, the 1514
President of the Senate, and the Speaker of the House of 1515
Representatives, which are based upon ongoing assessments to 1516
limit the vulnerability of the state to terrorism , conflicts 1517
involving the Armed Forces of the United States, and immigration 1518
enforcement incidents. 1519
(c) Coordinate the collection of proposals to limit the 1520
vulnerability of the state to terrorism , conflicts involving the 1521
Armed Forces of the United States, and immigration enforcem ent 1522
incidents. 1523
Section 7. This act shall take effect July 1, 2025, but 1524
only if HB 927 or similar legislation takes effect , if such 1525
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legislation is adopted in the same legislative session or an 1526
extension thereof and becomes a law. 1527