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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to contracting with foreign countries 2
of concern; amending s. 287.138, F.S.; revising the 3
definition of the term "foreign country of concern"; 4
prohibiting governmental entities from entering into 5
contracts for services or to purchase certain products 6
and from extending or renewing contracts with entities 7
with certain connections to foreign countries of 8
concern; requiring certain entities that sub mit a bid, 9
proposal, or reply to provide goods or services to 10
sign an affidavit; amending s. 316.0078, F.S.; 11
conforming provisions to changes made by the act; 12
amending s. 381.0202, F.S.; prohibiting laboratories 13
from using certain operational or research s oftware 14
produced in or by a foreign country of concern, a 15
state-owned enterprise of a foreign country of 16
concern, or a company domiciled within a foreign 17
country of concern; defining the term "foreign country 18
of concern"; amending s. 408.810, F.S.; providi ng 19
certain protections for licensees who fail to obtain 20
assurances from a person or an entity that indirectly 21
owns a controlling interest in the licensee or 22
indirectly holds an interest in certain entities; 23
revising and providing definitions; providing an 24
effective date. 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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Be It Enacted by the Legislature of the State of Florida: 27
28
Section 1. Section 287.138, Florida Statutes, is amended 29
to read: 30
287.138 Contracting with entities of foreign countries of 31
concern prohibited.— 32
(1) As used in this sec tion, the term: 33
(a) "Controlling interest" means possession of the power 34
to direct or cause the direction of the management or policies 35
of a company, whether through ownership of securities, by 36
contract, or otherwise. A person or entity that directly or 37
indirectly has the right to vote 25 percent or more of the 38
voting interests of the company or is entitled to 25 percent or 39
more of its profits is presumed to possess a controlling 40
interest. 41
(b) "Department" means the Department of Management 42
Services. 43
(c) "Foreign country of concern" means the People's 44
Republic of China, the Russian Federation, the Islamic Republic 45
of Iran, the Democratic People's Republic of Korea, the Republic 46
of Cuba, the Venezuelan regime of Nicolás Maduro, the State of 47
Qatar, or the Syrian Arab Republic, including any agency of or 48
any other entity of significant control of such foreign country 49
of concern. 50
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(d) "Governmental entity" means any state, county, 51
district, authority, or municipal officer, department, division, 52
board, bureau, commission, or other separate unit of government 53
created or established by law including, but not limited to, the 54
Commission on Ethics, the Public Service Commission, the Office 55
of Public Counsel, and any other public or private agency, 56
person, partnership, corporation, or business entity acting on 57
behalf of any public agency. 58
(2)(a) A governmental entity may not knowingly enter into 59
a contract with an entity which would give access to an 60
individual's personal identifying information if: 61
1.(a) The entity is owned by the government of a foreign 62
country of concern; 63
2.(b) The government of a foreign country of concern has a 64
controlling interest in the entity; or 65
3.(c) The entity is organized under the laws of or has its 66
principal place of business i n a foreign country of concern. 67
(b)(3) Beginning July 1, 2025, a governmental entity may 68
not extend or renew a contract with an entity listed in 69
paragraph (a) paragraphs (2)(a)-(c) if the contract would give 70
such entity access to an individual's personal identifying 71
information. 72
(3) Beginning October 15, 2025: 73
(a) A governmental entity may not enter into a contract 74
with an entity for any services or to purchase computers, 75
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printers, or interoperable videoconferencing devices if: 76
1. The government of a foreign country of concern has any 77
ownership interest, directly or indirectly, in the entity, or 78
any ownership interest, directly or indirectly, in any 79
subsidiary or parent company of the entity; 80
2. The computers, printers, or interoperable 81
videoconferencing devices to be provided under the contract are 82
being furnished by a third party in which the government of a 83
foreign country of concern has any ownership interest, directly 84
or indirectly; or 85
3. The entity has its principal place of business in a 86
foreign country of concern. 87
(b) A governmental entity may not extend or renew a 88
contract with an entity listed in paragraph (a). 89
(4)(a) Beginning October 15, 2025: January 1, 2024, 90
(a) A governmental entity may not accept a bid on, a 91
proposal for, or a reply to, or enter into, a contract with an 92
entity for goods or services described in paragraph (3)(a), or 93
which would grant the entity access to an individual's personal 94
identifying information , unless the entity provides the 95
governmental entity with a signed an affidavit, signed by an 96
officer or representative of the entity under penalty of 97
perjury, attesting that the entity does not meet any of the 98
criteria in paragraph (2)(a) or paragraph (3)(a) paragraphs 99
(2)(a)-(c). 100
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(b) Before an entity submits a b id, proposal, or reply to 101
provide goods or services to a governmental entity, the entity 102
must sign an affidavit, under penalty of perjury, attesting that 103
the entity does not meet any of the criteria in paragraph (2)(a) 104
or paragraph (3)(a). 105
(c)(b) Beginning July 1, 2025, When an entity extends or 106
renews a contract with a governmental entity for goods or 107
services described in paragraph (3)(a), or which would grant the 108
entity access to an individual's personal identifying 109
information, the entity must provide the governmental entity 110
with a signed an affidavit, signed by an officer or 111
representative of the entity under penalty of perjury , attesting 112
that the entity does not meet any of the criteria in paragraph 113
(2)(a) or paragraph (3)(a) paragraphs (2)(a)-(c). 114
(5) The Attorney General may bring a civil action in any 115
court of competent jurisdiction against an entity that violates 116
this section. Violations of this section may result in: 117
(a) A civil penalty equal to twice the amount of the 118
contract for which the entity submitted a bid or proposal for, 119
replied to, or entered into; 120
(b) Ineligibility to enter into, renew, or extend any 121
other contract, including any grant agreements, with any 122
governmental entity for up to 5 years; 123
(c) Ineligibility to receive or r enew any license, 124
certification, or credential issued by a governmental entity for 125
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up to 5 years; and 126
(d) Placement on the suspended vendor list pursuant to s. 127
287.1351. 128
(6) Any penalties collected under subsection (5) must be 129
deposited into the Genera l Revenue Fund. 130
(7) The department shall adopt rules to implement this 131
section, including rules establishing the form for the affidavit 132
required under subsection (4). 133
Section 2. Subsection (1) of section 316.0078, Florida 134
Statutes, is amended to read : 135
316.0078 Prohibition on contracting for camera systems of 136
vendors of foreign countries of concern. — 137
(1) As used in this section, the term terms "controlling 138
interest" and "foreign country of concern" has have the same 139
meaning meanings as in s. 287.138(1). 140
Section 3. Subsection (5) is added to section 381.0202, 141
Florida Statutes, to read: 142
381.0202 Laboratory services. — 143
(5) The department may not allow in any laboratory under 144
this section the use of any operational or research software 145
used for genetic sequencing that is produced in or by a foreign 146
country of concern, a state -owned enterprise of a foreign 147
country of concern, or a company domiciled within a foreign 148
country of concern. For purposes of this subsection, the term 149
"foreign country of co ncern" means the People's Republic of 150
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China, the Russian Federation, the Islamic Republic of Iran, the 151
Democratic People's Republic of Korea, the Republic of Cuba, the 152
Venezuelan regime of Nicolás Maduro, the State of Qatar, or the 153
Syrian Arab Republic, in cluding any agency of such foreign 154
country of concern. 155
Section 4. Subsection (15) of section 408.810, Florida 156
Statutes, is amended to read: 157
408.810 Minimum licensure requirements. —In addition to the 158
licensure requirements specified in this part, auth orizing 159
statutes, and applicable rules, each applicant and licensee must 160
comply with the requirements of this section in order to obtain 161
and maintain a license. 162
(15)(a) The licensee must ensure that a person or an 163
entity that who possesses a controlling interest does not hold, 164
either directly or indirectly, regardless of ownership 165
structure, an interest in an entity that has a business 166
relationship with a foreign country of concern or that is 167
subject to s. 287.135. 168
(b) The failure of a licensee to obtai n assurances from a 169
person or an entity that indirectly owns a controlling interest 170
in the licensee or indirectly holds an interest in an entity as 171
specified in paragraph (a) does not: 172
1. Affect the license or insurability of the licensee; or 173
2. Subject the licensee to civil or criminal liability, 174
unless the licensee has actual knowledge that an indirect 175
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interest holder is: 176
a. A foreign principal from a foreign country of concern; 177
and 178
b. Not in compliance with the requirements of this 179
section. 180
(c)(b) For purposes of this subsection, the term: 181
1. "Business relationship" means engaging in commerce in 182
any form, which includes including, but not limited to, 183
acquiring, developing, maintaining, owning, selling, possessing, 184
leasing, or operating equipm ent, facilities, personnel, 185
products, services, personal property, real property, or 186
military equipment, or any other apparatus of business or 187
commerce. 188
2. "Foreign country of concern" means the People's 189
Republic of China, the Russian Federation, the Isl amic Republic 190
of Iran, the Democratic People's Republic of Korea, the Republic 191
of Cuba, the Venezuelan regime of Nicolás Maduro, the State of 192
Qatar, or the Syrian Arab Republic, including any agency of such 193
foreign country of concern has the same meaning a s in s. 194
692.201. 195
3. "Foreign principal" has the same meaning as in s. 196
692.201. 197
4. "Indirect interest holder" means a person or an entity 198
which, at the time of initial application or renewal, owns less 199
than 5 percent of the licensee; owns less than 5 pe rcent in the 200
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management company or other entity that contracts with the 201
licensee to manage the provider; or owns equities in a publicly 202
traded company that has a controlling interest or noncontrolling 203
interest in the licensee. 204
5.3. "Interest" has the sam e meaning as in s. 286.101(1). 205
Section 5. This act shall take effect July 1, 2025. 206