Florida 2025 2025 Regular Session

Florida House Bill H0977 Introduced / Bill

Filed 02/24/2025

                       
 
HB 977   	2025 
 
 
 
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A bill to be entitled 1 
An act relating to contracting with foreign countries 2 
of concern; amending s. 287.138, F.S.; removing the 3 
definition of the term "controlling interest"; 4 
prohibiting governmental entities from entering into 5 
certain contracts for products with governments of 6 
foreign countries of concern if such governments have 7 
specific ownership interests in those products; 8 
requiring certain entities that bid or propose to 9 
provide goods or services to sign an certain 10 
affidavit; removing provisions that prohibit local 11 
governments from entering into or renewing specified 12 
contracts with certain entities if doing so would give 13 
access to personal identifying information; amending 14 
s. 316.0078, F.S.; conforming provisions to changes 15 
made by the act; providing an effective date. 16 
 17 
Be It Enacted by the Legislature of the State of Florida: 18 
 19 
 Section 1.  Section 287.138, Florida Statutes, is amended 20 
to read: 21 
 287.138  Contracting w ith entities of foreign countries of 22 
concern prohibited.— 23 
 (1)  As used in this section, the term: 24 
 (a)  "Controlling interest" means possession of the power 25     
 
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to direct or cause the direction of the management or policies 26 
of a company, whether through owner ship of securities, by 27 
contract, or otherwise. A person or entity that directly or 28 
indirectly has the right to vote 25 percent or more of the 29 
voting interests of the company or is entitled to 25 percent or 30 
more of its profits is presumed to possess a contr olling 31 
interest. 32 
 (a)(b) "Department" means the Department of Management 33 
Services. 34 
 (b)(c) "Foreign country of concern" means the People's 35 
Republic of China, the Russian Federation, the Islamic Republic 36 
of Iran, the Democratic People's Republic of Korea, the Republic 37 
of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian 38 
Arab Republic, including any agency of or any other entity of 39 
significant control of such foreign country of concern. 40 
 (c)(d) "Governmental entity" means any state, county, 41 
district, authority, or municipal officer, department, division, 42 
board, bureau, commission, or other separate unit of government 43 
created or established by law including, but not limited to, the 44 
Commission on Ethics, the Public Service Commission, the Office 45 
of Public Counsel, and any other public or private agency, 46 
person, partnership, corporation, or business entity acting on 47 
behalf of any public agency. 48 
 (2)  A governmental entity may not knowingly enter into a 49 
contract for services or to procure or purchase computers, 50     
 
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printers, or interoperable or videoconferencing devices or 51 
services if the government of a foreign country of concern has 52 
an ownership interest in the manufacturer, bidder, or offeror, 53 
or any subsidiary or parent entity of the manufacturer, bidd er, 54 
or offeror of such equipment, devices, or services with an 55 
entity which would give access to an individual's personal 56 
identifying information if: 57 
 (a)  The entity is owned by the government of a foreign 58 
country of concern; 59 
 (b)  The government of a for eign country of concern has a 60 
controlling interest in the entity; or 61 
 (c)  The entity is organized under the laws of or has its 62 
principal place of business in a foreign country of concern . 63 
 (3)  Beginning July 1, 2025, a governmental entity may not 64 
extend or renew a contract with an entity listed in subsection 65 
(2) paragraphs (2)(a)-(c) if the contract would give such entity 66 
access to an individual's personal identifying information . 67 
 (4)(a)  Beginning July January 1, 2025 2024, a governmental 68 
entity may not accept a bid on, a proposal for, or a reply to, 69 
or enter into, a contract with an entity , or a subsidiary or 70 
parent company of an entity, in which the government of a 71 
foreign country of concern has any ownership interest which 72 
would grant the entity acces s to an individual's personal 73 
identifying information unless the entity provides the 74 
governmental entity with an affidavit signed by an officer or 75     
 
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representative of the entity under penalty of perjury attesting 76 
that the entity does not meet any of the crit eria in paragraphs 77 
(2)(a)-(c). 78 
 (b)  A governmental entity must require each entity that 79 
submits a bid or proposal to provide goods or services to sign 80 
an affidavit, under penalty of perjury, that testifies that 81 
there is no ownership interest by a government of a foreign 82 
country of concern in the entity, subsidiary, or parent company 83 
of the entity. 84 
 (b)  Beginning July 1, 2025, when an entity extends or 85 
renews a contract with a governmental entity which would grant 86 
the entity access to an individual 's personal identifying 87 
information, the entity must provide the governmental entity 88 
with an affidavit signed by an officer or representative of the 89 
entity under penalty of perjury attesting that the entity does 90 
not meet any of the criteria in paragraphs ( 2)(a)-(c). 91 
 (5)  The Attorney General may bring a civil action in any 92 
court of competent jurisdiction against an entity that violates 93 
this section. Violations of this section may result in: 94 
 (a)  A civil penalty equal to twice the amount of the 95 
contract for which the entity submitted a bid or proposal for, 96 
replied to, or entered into; 97 
 (b)  Ineligibility to enter into, renew, or extend any 98 
other contract, including any grant agreements, with any 99 
governmental entity for up to 5 years; 100     
 
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 (c)  Ineligibility to receive or renew any license, 101 
certification, or credential issued by a governmental entity for 102 
up to 5 years; and 103 
 (d)  Placement on the suspended vendor list pursuant to s. 104 
287.1351. 105 
 (6)  Any penalties collected under subsection (5) must be 106 
deposited into the General Revenue Fund. 107 
 (7)  The department shall adopt rules to implement this 108 
section, including rules establishing the form for the affidavit 109 
required under subsection (4). 110 
 Section 2.  Subsection (1) of section 316.0078, Florida 111 
Statutes, is amended to read: 112 
 316.0078  Prohibition on contracting for camera systems of 113 
vendors of foreign countries of concern. — 114 
 (1)  As used in this section, the term terms "controlling 115 
interest" and "foreign country of concern" has have the same 116 
meaning meanings as in s. 287.138(1). 117 
 Section 3. This act shall take effect July 1, 2025. 118