Title: Agreements of Educational Entities and Foreign Entities

Summary: Prohibits state universities & state colleges from accepting grants from or participating in agreements with college or university based in foreign country of concern or foreign principal; provides requirements for state universities, state colleges, BOG, & SBE; prohibits state university or state college from soliciting or accepting gifts from college or university based in foreign country of concern or foreign principal; prohibits private schools owned or operated by person or entity domiciled in, owned by, or in any way controlled by foreign country of concern or foreign principal from participating in certain educational scholarship programs.

Full Text:
An act relating to agreements of educational entities and foreign entities; amending s. 288.860, F.S.; defining terms; prohibiting state universities and state colleges from accepting grants from or participating in partnerships or agreements with a college or university based in a foreign country of concern or a foreign principal; providing an exception; authorizing state universities to enter into partner ships or agreements with a college or university based in a foreign country of concern or a foreign principal if such partnerships or agreements are approved by the Board of Governors and specified requirements are met; authorizing the board to sanction an dwithhold performance funding from a state university for entering into an unauthorized partnership or agreement; authorizing state colleges to enter into partnerships or agreements with a college or university based in a foreign country of concern or a foreign principal if such partnerships or agreements are approved by the State Board of Education and specified requirements are met; authorizing the state board to sanction and withhold performance funding from a state college for entering into an unauthor ized partnership or agreement with a CS/CS/HB 2023 college or university based in a foreign country of concern or a foreign principal; requiring each state university and state college to annually submit specified information to the Board of Governors and the Department of Education, respectively, by a specified date; requiring the Board of Governors and the department, respectively, to annually submit a report to the Governor and Legislature by a specified date; providing requirements for the report; requiring the Board of Governors and the State Board of Education to adopt regulations and rules, respectively; amending s. 286.101, F.S.; revising and defining terms; prohibiting a state university or state college, or any employee or representative thereof, from soliciting or accepting a gift from a college or university based in a foreign country of concern or a foreign principal; requiring the Board of Governors and the State Board of Education to adopt regulations and rules, respectively; amending s. 1002.421, F.S.; pro hibiting a private school that is owned or operated by a person or entity domiciled in, owned by, or in any way controlled by a foreign country of concern or a foreign principal from participating in certain educational scholarship programs; providing pena lties; providing an effective CS/CS/HB 2023 date. Be It Enacted by the Legislature of the State of Florida: Section 1. Section 288.860, Florida Statutes, is amended to read: 288.860 International cultural agreements.-(1) As used in this section, the term: (a) "Foreign country of concern" means the People's Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicol s Maduro, or the Syrian Arab Rep ublic, including any agency of or any other entity under significant control of such foreign country of concern. (b) "Foreign principal" means: 1. The government or any official of the government of a foreign country of concern; 2. A political party or member of a political party in a foreign country of concern. For purposes of this subparagraph, the term "political party" means an organization or combination of individuals whose aim or purpose is, or who is engaged in any activity devoted in whole or in part to, the establishment, administration, control, or acquisition of administration or control of a government of a foreign country of concern or a subdivision thereof, or the furtherance or influencing of the CS/CS/HB 2023 political or public interest, policies, or relations of a government of a foreign country of concern or a subdivision thereof; 3. A partnership, association, corporation, organization, or other combination of persons organized under the laws of or having its principal place of business in a fo reign country of concern or subsidiary of such entity; or 4. Any person who is domiciled in a foreign country of concern and is not a citizen or lawful permanent resident of the United States. (c) "Partnership" means a faculty or student exchange program, a study abroad program, an articulation program, a recruiting program, or a dual degree program. (d)(b) "Political subdivision" has the same meaning as in s. 1.01(8) and includes any entity under the control of or established for the benefit of the political subdivision. (e)(c) "Public school" means any education institution under the supervision of a school district and any entity under the control of or established for the benefit of a public school or school district. (f)(d) "State agency" mean sany agency or unit of state government created or established by law and any entity under the control of or established for the benefit of a state agency. (g)(e) "State college" means any postsecondary education institution under the supervision of the State Board of CS/CS/HB 2023 Education, including any entity under the control of or established for the benefit of a state college. (h)(f) "State university" means any state university under the supervision of the Board of Gov ernors, including any entity under the control of or established for the benefit of a state university. (2) A state agency, political subdivision, or public school, state college, or state university authorized to expend state-appropriated funds or levy ad valorem taxes may not participate in any agreement with or accept any grant from a foreign country of concern, or any entity controlled by a foreign country of concern, which: (a) Constrains the freedom of contract of such public entity; (b) Allows the curriculum or values of a program in the state to be directed or controlled by the foreign country of concern; or (c) Promotes an agenda detrimental to the safety or security of the United States or its residents. Before Prior to the execution of any cultural exchange agreement with a foreign country of concern, the substance of the agreement must shall be shared with federal agencies concerned with protecting national security or enforcing trade sanctions, embargoes, or other restrictions under feder al law. If such federal agency provides information suggesting that such agreement promotes an agenda CS/CS/HB 2023 detrimental to the safety or security of the United States or its residents, the public entity may not enter into the agreement. (3)(a) For the purposes of this subsection only, the term "agreement" means a written statement of mutual interest in academic or research collaboration. (b) Beginning July 1, 2023, a state university or state college authorized to expend state-appropriated funds may not accept any grant from or participate in any agreement with any college or university based in a foreign country of concern, or any foreign principal, except as specified in paragraphs (d) and (e). (c) Beginning December 1, 2023, a state university or state co llege authorized to expend state-appropriated funds may not participate in any partnership with any college or university based in a foreign country of concern, or any foreign principal, except as specified in paragraphs (d) and (e). (d) A state universi ty may, upon approval by the Board of Governors, enter into a partnership or agreement with a college or university based in a foreign country of concern, or a foreign principal, if such partnership or agreement is deemed by the board to be valuable to stu dents and the state university and is not detrimental to the safety or security of the United States or its residents. A partnership or agreement approved under this subsection must meet the requirements of this CS/CS/HB 2023 section. 1. The board shall exercise the a uthority provided pursuant to s. 1008.322 to sanction a state university pursuant to subparagraph 2. which enters into a partnership or agreement with a college or university based in a foreign country of concern, or any foreign principal, without approval from the board. 2. The board may withhold additional performance funding for a state university that enters into a partnership or agreement with a college or university based in a foreign country of concern, or any foreign principal, without approval from the board. The funds must be deposited into the General Revenue Fund. The board may administratively enforce this section. (e) A state college may, upon approval by the State Board of Education, enter into a partnership or agreement with a college or university based in a foreign country of concern, or any foreign principal, if such partnership or agreement is deemed by the state board to be valuable to students and the state college and is not detrimental to the safety or security of the United States or its residents. A partnership or agreement approved under this subsection must meet the requirements of this section. 1. The state board shall exercise the authority provided pursuant to s. 1008.32 to sanction a state college pursuant to CS/CS/HB 2023 subparagraph 2. which enters into a partnership or agreement with a college or university based in a foreign country of concern, or any foreign principal, without approval from the state board. 2. The state board may withhold additional performance funding for a stat ecollege that enters into a partnership or agreement with a college or university based in a foreign country of concern, or any foreign principal, without approval from the state board. The funds must be deposited into the General Revenue Fund. The state board may administratively enforce this section. (f) Each state university and state college shall submit the information required in paragraph (g) to the Board of Governors and the Department of Education, respectively, by July of each year. (g) By December 1, 2024, and each December thereafter, the Board of Governors and the Department of Education, respectively, shall submit a report to the Governor, the President of the Senate, and the Speaker of the House of Representatives relating to partners hips and agreements of state universities and state colleges, respectively, with colleges and universities based in a foreign country of concern and foreign principals. At a minimum, the report must include the following information for the previous fiscal year: 1. Data reflecting any grant program, agreement, CS/CS/HB 2023 partnership, or contract between a state university or state college and any university, college, or entity that is based in or controlled by a foreign country of concern or foreign principal. 2. Data reflecting any office, campus, or physical location used or maintained by a state university or state college in a foreign country of concern or foreign principal. 3. The date on which any such grant program, agreement, partnership, or contract repo rted pursuant to subparagraph 1. is expected to terminate. (h) The Board of Governors and the State Board of Education shall adopt regulations and rules, respectively, to administer this subsection. (4)(3) A state agency, political subdivision, public school, state college, or state university may not accept anything of value conditioned upon participation in a program or other endeavor to promote the language or culture of a foreign country of concern. (5)(4) For the 2022-2023 fiscal year, notwithstanding subsection (2), a state agency, political subdivision, public school, state college, or state university may not enter into any agreement with or accept any grant from the Russian Federation. This subsection expires July 1, 2023. Section 2. Paragraph (h) of subsection (1) of section 286.101, Florida Statutes, is amended, paragraphs (i) and (j) CS/CS/HB 2023 are added to that subsection, and subsection (10) is added to that section, to read: 286.101 Foreign gifts and contracts.-(1) As used in this section, the term: (h) "State agency" means any agency or unit of state government created or established by law. For the purposes of this section only, the term does not include a state university or a state college. (i) "State college" means any postsecondary education institution under the supervision of the State Board of Education, including any entity under the control of or established for the benefit of a state college. (j) "State university" means any state university under the supervision of the Board of Governors, including any entity under the control of or established for the benefit of a state university. (10)(a) A state university or state college, or any employee or representative of a state university or state college, may not solicit or accept any gift in their official capacity, including any physical object, loan, reward, promise of future employment, favor, or service, from a college or university bas ed in a foreign country of concern, or a foreign principal, as defined in s. 288.860. (b) The Board of Governors and the State Board of Education shall adopt regulations and rules, respectively, to CS/CS/HB 2023 administer this subsection. Section 3. Paragraph (s) is added to subsection (1) of section 1002.421, Florida Statutes, to read: 1002.421 State school choice scholarship program accountability and oversight.-(1) PRIVATE SCHOOL ELIGIBILITY AND OBLIGATIONS.-A private school participating in an educational scholarship program established pursuant to this chapter must be a private school as defined in s. 1002.01(2) in this state, be registered, and be in compliance with all requirements of this section in addition to private school requirements outlined in s. 1002.42, specific requirements identified within respective scholarship program laws, and other provisions of Florida law that apply to private schools, and must: (s) Not be owned or operated by a person or entity domiciled in, owned by, or in any way controlled by a foreign country of concern or a foreign principal, as defined in s. 288.860. A violation of this paragraph constitutes an imminent threat to the health, safety, and welfare of the school's students and the public sufficient to justify immed iate suspension of payment of scholarship funds under paragraph (3)(e) and the denial, suspension, or revocation of a school's participation in a scholarship program under paragraph (3)(b). The department shall suspend the payment of funds to a private CS/CS/HB 2023 school that knowingly fails to comply with this subsection, and shall prohibit the school from enrolling new scholarship students, for fiscal year and until the school complies. If a private school fails to meet the requirements of this subsection or has consecutive years of material exceptions listed in the report required under paragraph (q), the commissioner may determine that the private school is ineligible to participate in a scholarship program. Section 4. This act shall take effect July 1, 2023.