SESSION WATCH
THE BILL ITSELF

CS/CS/SB 1178

Foreign Influence

VERSION S 1178 c2 · BACK TO THE SUMMARY · OFFICIAL RECORD

underlined language is being added; struck language is being deleted. Line numbers are the Legislature's own — the same ones amendments cite.

Florida Senate - 2026 CS for CS for SB 1178 By the Committees on Appropriations; and Ethics and Elections; and Senators Grall and Avila 576-03348-26 20261178c2
1 A bill to be entitled
2 An act relating to foreign influence; providing a
3 short title; amending s. 11.045, F.S.; requiring
4 lobbyists to disclose on registration forms whether
5 each principal represented is a foreign country of
6 concern or an entity organized under or having its
7 principal place of business in a foreign country of
8 concern; defining the term “foreign country of
9 concern”; amending s. 63.213, F.S.; prohibiting
10 preplanned adoption agreements unless certain
11 conditions are met; amending s. 112.313, F.S.;
12 defining the terms “designated foreign terrorist
13 organization” and “foreign country of concern”;
14 prohibiting specified persons from soliciting or
15 accepting anything of value from a designated foreign
16 terrorist organization, a foreign country of concern,
17 or persons or entities representing such organizations
18 or countries; amending s. 112.3142, F.S.; requiring
19 the Commission on Ethics to adopt certain rules by a
20 specified date; amending ss. 112.3215 and 112.3261,
21 F.S.; requiring lobbyists to disclose on registration
22 forms whether each principal represented is a foreign
23 country of concern or an entity organized under or
24 having its principal place of business in a foreign
25 country of concern; defining the term “foreign country
26 of concern”; amending s. 205.0532, F.S.; authorizing
27 any appropriate tax collector to revoke or refuse to
28 renew business tax receipts of specified individuals,
29 businesses, or entities; authorizing such tax
30 collector or a local governing authority to request a
31 specified sworn affidavit or declaration from such
32 individual, business, or entity; providing criminal
33 penalties; amending s. 287.138, F.S.; revising
34 definitions and defining terms; prohibiting a
35 governmental entity from knowingly entering into
36 certain contracts with foreign sources of concern;
37 prohibiting governmental entities from extending and
38 renewing certain contracts beginning on a specified
39 date; prohibiting governmental entities from accepting
40 a bid on, a proposal for, or a reply to, or entering
41 into, contracts involving information technology or
42 providing access to an individual’s personal
43 identifying information unless a certain affidavit
44 signed by an officer or a representative is provided
45 to the governmental entity beginning on a specified
46 date; authorizing a governmental entity to enter into,
47 extend, or renew certain contracts if the Department
48 of Management Services makes specified written
49 determinations; requiring the department to submit to
50 the Governor and Legislature specified written reports
51 beginning on a specified date; providing
52 applicability; authorizing the department to create a
53 specified list and to adopt rules; amending s.
54 288.816, F.S.; prohibiting certain activities
55 encouraging affiliations with foreign countries of
56 concern; requiring the Department of Commerce to
57 publish and update certain information on its website;
58 amending s. 288.8175, F.S.; removing the Florida-China
59 Institute from the list of linkage institutes;
60 deleting an exemption for linkage institutes;
61 prohibiting a linkage institute from entering into an
62 agreement or participating in an activity with a
63 foreign country of concern; amending s. 288.854, F.S.;
64 authorizing the Governor to suspend certain laws or
65 rules relating to Cuba for a specified period under
66 certain circumstances; prohibiting such suspension
67 from being renewed or extended; prohibiting the
68 Governor from suspending the same laws or rules
69 without express authorization from the Legislature;
70 requiring the Governor to submit to the Legislature
71 certain written recommendations within a specified
72 timeframe; providing for future legislative repeal of
73 certain provisions; amending s. 288.860, F.S.;
74 requiring that certain agreements be terminated by a
75 specified date; amending s. 316.0078, F.S.; revising
76 the definitions of the terms “controlling interest”
77 and “foreign country of concern”; amending s. 496.404,
78 F.S.; revising the definition of the term “foreign
79 source of concern”; amending s. 692.201, F.S.;
80 revising the definition of the term “foreign country
81 of concern”; creating s. 692.21, F.S.; defining terms;
82 prohibiting certain entities with access to critical
83 infrastructure facilities from entering into certain
84 contracts or agreements with foreign sources of
85 concern; requiring, beginning on a specified date,
86 certain entities to register with the Department of
87 Commerce by a specified date for a specified
88 timeframe; requiring the department to adopt
89 registration forms; providing requirements for such
90 forms; providing civil and criminal penalties;
91 requiring certain entities to provide a signed
92 affidavit to the department attesting that the buyer
93 or transferee of a critical infrastructure facility is
94 not a foreign source of concern; prohibiting
95 information technology from a foreign source of
96 concern from being used in critical infrastructure
97 facilities; authorizing a governmental entity or
98 business entity to enter into certain contracts or
99 agreements if the department, in consultation with the
100 Department of Management Services, makes specified
101 written determinations; requiring the Department of
102 Commerce to submit to the Governor and Legislature
103 specified written reports beginning on a specified
104 date; providing applicability; requiring the
105 department to adopt rules; amending s. 742.15, F.S.;
106 prohibiting contracts for gestational surrogacy unless
107 certain conditions are met; creating s. 775.08255,
108 F.S.; defining terms; providing for the
109 reclassification of criminal penalties under certain
110 circumstances; providing a minimum mandatory term of
111 imprisonment; creating s. 775.36, F.S.; defining
112 terms; prohibiting enforcement of certain laws of a
113 foreign government; providing criminal penalties;
114 amending s. 282.802, F.S.; conforming a cross
115 reference; providing an effective date.
117 Be It Enacted by the Legislature of the State of Florida:
119 Section 1. This act may be cited as the “Foreign
120 Interference Restriction and Enforcement Act.”
121 Section 2. Present paragraphs (c) through (g) of subsection
122 (2) of section 11.045, Florida Statutes, are redesignated as
123 paragraphs (d) through (h), respectively, and a new paragraph
124 (c) is added to that subsection, to read:
125 11.045 Lobbying before the Legislature; registration and
126 reporting; exemptions; penalties.—
127 (2) Each house of the Legislature shall provide by rule, or
128 may provide by a joint rule adopted by both houses, for the
129 registration of lobbyists who lobby the Legislature. The rule
130 may provide for the payment of a registration fee. The rule may
131 provide for exemptions from registration or registration fees.
132 The rule shall provide that:
133 (c)1. Registration must include whether each principal
134 represented is:
135 a. A foreign country of concern; or
136 b. A domestic partnership, an association, a corporation,
137 an organization, or any other business entity that is at least
138 25 percent beneficially owned by a foreign country of concern, a
139 nonresident alien from a foreign country of concern, or an
140 entity organized under the laws of or having its principal place
141 of business in a foreign country of concern.
142 2. As used in this paragraph, the term “foreign country of
143 concern” has the same meaning as in s. 286.101(1).
144 Section 3. Subsection (2) of section 63.213, Florida
145 Statutes, is amended to read:
146 63.213 Preplanned adoption agreement.—
147 (2) (a) A preplanned adoption agreement is prohibited unless
148 all of the following apply:
149 1. The volunteer mother is a United States citizen or
150 lawful permanent resident.
151 2. Each intended parent is a United States citizen or
152 lawful permanent resident and at least one intended parent is
153 domiciled in Florida.
154 (b) A preplanned adoption agreement must include, but need
155 not be limited to, the following terms:
156 1. (a) That the volunteer mother agrees to become pregnant
157 by the fertility technique specified in the agreement, to bear
158 the child, and to terminate any parental rights and
159 responsibilities to the child she might have through a written
160 consent executed at the same time as the preplanned adoption
161 agreement, subject to a right of rescission by the volunteer
162 mother any time within 48 hours after the birth of the child, if
163 the volunteer mother is genetically related to the child.
164 2. (b) That the volunteer mother agrees to submit to
165 reasonable medical evaluation and treatment and to adhere to
166 reasonable medical instructions about her prenatal health.
167 3. (c) That the volunteer mother acknowledges that she is
168 aware that she will assume parental rights and responsibilities
169 for the child born to her as otherwise provided by law for a
170 mother if the intended father and intended mother terminate the
171 agreement before final transfer of custody is completed, if a
172 court determines that a parent clearly specified by the
173 preplanned adoption agreement to be the biological parent is not
174 the biological parent, or if the preplanned adoption is not
175 approved by the court pursuant to the Florida Adoption Act.
176 4. (d) That an intended father who is also the biological
177 father acknowledges that he is aware that he will assume
178 parental rights and responsibilities for the child as otherwise
179 provided by law for a father if the agreement is terminated for
180 any reason by any party before final transfer of custody is
181 completed or if the planned adoption is not approved by the
182 court pursuant to the Florida Adoption Act.
183 5. (e) That the intended father and intended mother
184 acknowledge that they may not receive custody or the parental
185 rights under the agreement if the volunteer mother terminates
186 the agreement or if the volunteer mother rescinds her consent to
187 place her child for adoption within 48 hours after the birth of
188 the child, if the volunteer mother is genetically related to the
189 child.
190 6. (f) That the intended father and intended mother may
191 agree to pay all reasonable legal, medical, psychological, or
192 psychiatric expenses of the volunteer mother related to the
193 preplanned adoption arrangement and may agree to pay the
194 reasonable living expenses and wages lost due to the pregnancy
195 and birth of the volunteer mother and reasonable compensation
196 for inconvenience, discomfort, and medical risk. No other
197 compensation, whether in cash or in kind, shall be made pursuant
198 to a preplanned adoption arrangement.
199 7. (g) That the intended father and intended mother agree to
200 accept custody of and to assert full parental rights and
201 responsibilities for the child immediately upon the child’s
202 birth, regardless of any impairment to the child.
203 8. (h) That the intended father and intended mother shall
204 have the right to specify the blood and tissue typing tests to
205 be performed if the agreement specifies that at least one of
206 them is intended to be the biological parent of the child.
207 9. (i) That the agreement may be terminated at any time by
208 any of the parties.
209 Section 4. Subsections (1) and (2) of section 112.313,
210 Florida Statutes, are amended to read:
211 112.313 Standards of conduct for public officers, employees
212 of agencies, and local government attorneys.—
213 (1) DEFINITIONS DEFINITION .—As used in this section, unless
214 the context otherwise requires, the term :
215 (a) “Designated foreign terrorist organization” has the
216 same meaning as in s. 775.32(1).
217 (b) “Foreign country of concern” has the same meaning as in
218 s. 286.101(1).
219 (c) “Public officer” includes any person elected or
220 appointed to hold office in any agency, including any person
221 serving on an advisory body.
222 (2) SOLICITATION OR ACCEPTANCE OF GIFTS.—
223 (a) A No public officer, an employee of an agency, a local
224 government attorney, or a candidate for nomination or election
225 may not shall solicit or accept anything of value to the
226 recipient, including a gift, loan, reward, promise of future
227 employment, favor, or service, based upon any understanding that
228 the vote, official action, or judgment of the public officer,
229 employee, local government attorney, or candidate would be
230 influenced thereby.
231 (b) A public officer, an employee of an agency, a local
232 government attorney, or a candidate for nomination or election
233 may not solicit or accept anything of value to the recipient,
234 including a gift, loan, reward, promise of future employment,
235 favor, or service, for any purpose, from a designated foreign
236 terrorist organization, a foreign country of concern or any of
237 its subdivisions, or any person or entity representing or acting
238 on behalf of a designated foreign terrorist organization or
239 foreign country of concern or any of its subdivisions.
240 Section 5. Paragraph (e) of subsection (2) of section
241 112.3142, Florida Statutes, is amended to read:
242 112.3142 Ethics training for specified constitutional
243 officers, elected municipal officers, commissioners of community
244 redevelopment agencies, and elected local officers of
245 independent special districts.—
246 (2)
247 (e) The commission shall adopt rules establishing minimum
248 course content for the portion of an ethics training class which
249 addresses s. 8, Art. II of the State Constitution and the Code
250 of Ethics for Public Officers and Employees. By November 1,
251 2026, the commission shall adopt revised rules to supplement the
252 minimum course content, which content must include all of the
253 following:
254 1. Known efforts by foreign countries of concern to target
255 and influence subnational governments, including, but not
256 limited to, the Chinese Communist Party’s United Front strategy.
257 2. How to identify, recognize, and report suspected foreign
258 influence campaigns.
259 3. Prohibitions on receiving gifts from foreign countries
260 of concern as defined in s. 286.101(1) or designated foreign
261 terrorist organizations as defined in s. 775.32(1).
262 Section 6. Subsection (3) of section 112.3215, Florida
263 Statutes, is amended to read:
264 112.3215 Lobbying before the executive branch or the
265 Constitution Revision Commission; registration and reporting;
266 investigation by commission.—
267 (3) A person may not lobby an agency until such person has
268 registered as a lobbyist with the commission. Such registration
269 shall be due upon initially being retained to lobby and is
270 renewable on a calendar year basis thereafter. Upon registration
271 the person shall provide a statement signed by the principal or
272 principal’s representative that the registrant is authorized to
273 represent the principal. The principal shall also identify and
274 designate its main business on the statement authorizing that
275 lobbyist pursuant to a classification system approved by the
276 commission. The registration shall require each lobbyist to
277 disclose, under oath, the following information:
278 (a) Name and business address;
279 (b) The name and business address of each principal
280 represented;
281 (c) 1. Whether each principal represented is:
282 a. A foreign country of concern; or
283 b. A domestic partnership, an association, a corporation,
284 an organization, or any other business entity that is at least
285 25 percent beneficially owned by a foreign country of concern, a
286 nonresident alien from a foreign country of concern, or an
287 entity organized under the laws of or having its principal place
288 of business in a foreign country of concern.
289 2. As used in this paragraph, the term “foreign country of
290 concern” has the same meaning as in s. 286.101(1);
291 (d) His or her area of interest;
292 (e) (d) The agencies before which he or she will appear; and
293 (f) (e) The existence of any direct or indirect business
294 association, partnership, or financial relationship with any
295 employee of an agency with which he or she lobbies, or intends
296 to lobby, as disclosed in the registration.
297 Section 7. Present paragraphs (c) and (d) of subsection (2)
298 of section 112.3261, Florida Statutes, are redesignated as
299 paragraphs (d) and (e), respectively, and a new paragraph (c) is
300 added to that subsection, to read:
301 112.3261 Lobbying before water management districts;
302 registration and reporting.—
303 (2) A person may not lobby a district until such person has
304 registered as a lobbyist with that district. Such registration
305 shall be due upon initially being retained to lobby and is
306 renewable on a calendar-year basis thereafter. Upon
307 registration, the person shall provide a statement signed by the
308 principal or principal’s representative stating that the
309 registrant is authorized to represent the principal. The
310 principal shall also identify and designate its main business on
311 the statement authorizing that lobbyist pursuant to a
312 classification system approved by the district. Any changes to
313 the information required by this section must be disclosed
314 within 15 days by filing a new registration form. The
315 registration form shall require each lobbyist to disclose, under
316 oath, the following:
317 (c)1. Whether each principal represented is:
318 a. A foreign country of concern; or
319 b. A domestic partnership, an association, a corporation,
320 an organization, or any other business entity that is at least
321 25 percent beneficially owned by a foreign country of concern, a
322 nonresident alien from a foreign country of concern, or an
323 entity organized under the laws of or having its principal place
324 of business in a foreign country of concern.
325 2. As used in this paragraph, the term “foreign country of
326 concern” has the same meaning as in s. 286.101(1).
327 Section 8. Section 205.0532, Florida Statutes, is amended
328 to read:
329 205.0532 Revocation or refusal to renew; doing business
330 with Cuba.—
331 (1) Any appropriate tax collector or local governing
332 authority issuing a business tax receipt to any individual,
333 business, or entity under this chapter may revoke or refuse to
334 renew such receipt if the individual, business, or entity , or
335 parent company of such individual, business, or entity, is doing
336 business with Cuba in violation of federal law .
337 (2) Any appropriate tax collector or local governing
338 authority may request a sworn affidavit or declaration from any
339 individual, business, or entity attesting to whether the
340 individual, business, or entity is doing business with Cuba in
341 violation of federal law.
342 (3) A person who knowingly makes a false declaration under
343 subsection (2) is guilty of the crime of perjury by false
344 written declaration, a felony of the third degree, punishable as
345 provided in s. 775.082, s. 775.083, or s. 775.084.
346 Section 9. Section 287.138, Florida Statutes, is amended to
347 read:
348 287.138 Contracting with entities of foreign sources
349 countries of concern prohibited.—
350 (1) As used in this section, the term:
351 (a) “Controlling interest” means possession of the power to
352 direct or cause the direction of the management or policies of a
353 company, whether through ownership of securities, by contract,
354 or otherwise. A person or entity that directly or indirectly has
355 the right to vote 25 percent or more of the voting interests of
356 the company or is entitled to 25 percent or more of its profits
357 is presumed to possess a controlling interest.
358 (b) “Department” means the Department of Management
359 Services.
360 (b) (c) “Foreign source country of concern” has the same
361 meaning as in s. 496.404 means the People’s Republic of China,
362 the Russian Federation, the Islamic Republic of Iran, the
363 Democratic People’s Republic of Korea, the Republic of Cuba, the
364 Venezuelan regime of Nicolás Maduro, or the Syrian Arab
365 Republic, including any agency of or any other entity of
366 significant control of such foreign country of concern .
367 (c) (d) “Governmental entity” means any state, county,
368 district, authority, or municipal officer, department, division,
369 board, bureau, commission, or other separate unit of government
370 created or established by law including, but not limited to, the
371 Commission on Ethics, the Public Service Commission, the Office
372 of Public Counsel, and any other public or private agency,
373 person, partnership, corporation, or business entity acting on
374 behalf of any public agency.
375 (d) “Information technology” has the same meaning as in s.
376 282.0041.
377 (2) (a) A governmental entity may not knowingly enter into a
378 contract with a foreign source of concern if the contract an
379 entity which would give access to an individual’s personal
380 identifying information .
381 (b) A governmental entity may not knowingly enter into a
382 contract for information technology with a foreign source of
383 concern, or through a third-party seller when the information
384 technology is designed, manufactured, or assembled by a foreign
385 source of concern, or for any services relating to information
386 technology with a foreign source of concern if:
387 (a) The entity is owned by the government of a foreign
388 country of concern;
389 (b) The government of a foreign country of concern has a
390 controlling interest in the entity; or
391 (c) The entity is organized under the laws of or has its
392 principal place of business in a foreign country of concern .
393 (3) Beginning July 1, 2026 2025 , a governmental entity may
394 not extend or renew a contract with a foreign source of concern
395 an entity listed in paragraphs (2)(a)-(c) if the contract would
396 give such foreign source of concern entity access to an
397 individual’s personal identifying information or if the contract
398 involves information technology .
399 (4)(a) Beginning July 1, 2026 January 1, 2024 , a
400 governmental entity may not accept a bid on, a proposal for, or
401 a reply to, or enter into, a contract with an entity which would
402 grant the entity access to an individual’s personal identifying
403 information or involve information technology unless the entity
404 provides the governmental entity with an affidavit signed by an
405 officer or representative of the entity under penalty of perjury
406 attesting that the entity is not a foreign source of concern
407 does not meet any of the criteria in paragraphs (2)(a)-(c) .
408 (b) Beginning July 1, 2026 2025 , when an entity extends or
409 renews a contract with a governmental entity which would grant
410 the entity access to an individual’s personal identifying
411 information or which involves information technology , the entity
412 must provide the governmental entity with an affidavit signed by
413 an officer or representative of the entity under penalty of
414 perjury attesting that the entity is not a foreign source of
415 concern does not meet any of the criteria in paragraphs (2)(a)
416 (c) .
417 (5)(a) Notwithstanding any other provision of this section,
418 a governmental entity may enter into, extend, or renew a
419 contract involving information technology which is otherwise
420 prohibited by this section if the department makes a written
421 determination that:
422 1. There is no reasonable alternative available to address
423 a specific need.
424 2. Failure to enter into the contract would pose a greater
425 risk to public health, public safety, or economic security than
426 the risk associated with entering into the contract.
427 3. The contract includes mitigation measures deemed
428 necessary by the department to reduce any risk to this state.
429 (b) Beginning January 1, 2027, the department shall submit
430 to the Governor, the President of the Senate, and the Speaker of
431 the House of Representatives a written quarterly report
432 detailing each contract entered into pursuant to this
433 subsection.
434 (6)(a) This section does not apply to information
435 technology that is incapable of remote access to or control of
436 critical infrastructure.
437 (b) The department may create a nonexhaustive list of
438 information technology that violates this section.
439 (c) The department may adopt rules to implement this
440 section.
441 (7) (5) The Attorney General may bring a civil action in any
442 court of competent jurisdiction against an entity that violates
443 this section. Violations of this section may result in:
444 (a) A civil penalty equal to twice the amount of the
445 contract for which the entity submitted a bid or proposal for,
446 replied to, or entered into;
447 (b) Ineligibility to enter into, renew, or extend any
448 contract, including any grant agreements, with any governmental
449 entity for up to 5 years;
450 (c) Ineligibility to receive or renew any license,
451 certification, or credential issued by a governmental entity for
452 up to 5 years; and
453 (d) Placement on the suspended vendor list pursuant to s.
454 287.1351.
455 (8) (6) Any penalties collected under subsection (7) (5)
456 must be deposited into the General Revenue Fund.
457 (9) (7) The department shall adopt rules to implement this
458 section, including rules establishing the form for the affidavit
459 required under subsection (4).
460 Section 10. Paragraph (a) of subsection (3) of section
461 288.816, Florida Statutes, is amended, and subsection (7) is
462 added to that section, to read:
463 288.816 Intergovernmental relations.—
464 (3) The state protocol officer may:
465 (a) Coordinate and carry out activities designed to
466 encourage the state and its subdivisions to participate in
467 sister city and sister state affiliations with foreign countries
468 and their subdivisions. Such activities may include a State of
469 Florida sister cities conference. Such activities may not
470 include encouragement of any affiliation with foreign countries
471 of concern as defined in s. 288.860(1) or their subdivisions.
472 (7) The department shall publish on its website, to be
473 updated quarterly, the following information:
474 (a) A current and accurate list of all foreign consulate
475 offices.
476 (b) A current and accurate list of all sister city and
477 sister state affiliations, including a copy of all such
478 agreements.
479 Section 11. Subsections (3), (4), and (5) of section
480 288.8175, Florida Statutes, are amended, and a new subsection
481 (7) is added to that section, to read:
482 288.8175 Linkage institutes between postsecondary
483 institutions in this state and foreign countries.—
484 (3) Each institute must be co-administered in this state by
485 a university-community college partnership , as designated in
486 subsection (5), and must have a private sector and public sector
487 advisory committee. The advisory committee must be
488 representative of the international education and commercial
489 interests of the state and may have members who are native to
490 the foreign country partner. Six members must be appointed by
491 the Department of Education. The Department of Education must
492 appoint at least one member who is an international educator.
493 The presidents, or their designees, of the participating
494 university and community college must also serve on the advisory
495 committee.
496 (4) The institutes are:
497 (a) Florida-Brazil Institute (University of Florida and
498 Miami Dade College).
499 (b) Florida-Costa Rica Institute (Florida State University
500 and Valencia College).
501 (c) Florida Caribbean Institute (Florida International
502 University and Daytona State College).
503 (d) Florida-Canada Institute (University of Central Florida
504 and Palm Beach State College).
505 (e) Florida-China Institute (University of West Florida,
506 University of South Florida, and Eastern Florida State College).
507 (f) Florida-Japan Institute (University of South Florida,
508 University of West Florida, and St. Petersburg College).
509 (f) (g) Florida-France Institute (New College of the
510 University of South Florida, Miami Dade College, and Florida
511 State University).
512 (g) (h) Florida-Israel Institute (Florida Atlantic
513 University and Broward College).
514 (h) (i) Florida-West Africa Institute (Florida Agricultural
515 and Mechanical University, University of North Florida, and
516 Florida State College at Jacksonville).
517 (i) (j) Florida-Eastern Europe Institute (University of
518 Central Florida and Lake-Sumter State College).
519 (j) (k) Florida-Mexico Institute (Florida International
520 University and Polk State College).
521 (5) Each institute is allowed to exempt from s. 1009.21 up
522 to 25 full-time equivalent students per year from the respective
523 host countries to study in any of the state universities or
524 community colleges in this state as resident students for
525 tuition purposes. The institute directors shall develop
526 criteria, to be approved by the Department of Education, for the
527 selection of these students. Students must return home within 3
528 years after their tenure of graduate or undergraduate study for
529 a length of time equal to their exemption period.
530 (7) A linkage institute may not enter into any agreement or
531 participate in any activities with a foreign country of concern
532 as defined in s. 288.860(1) or any organization in a foreign
533 country of concern.
534 Section 12. Present subsection (4) of section 288.854,
535 Florida Statutes, is redesignated as subsection (5), and a new
536 subsection (4) is added to that section, to read:
537 288.854 Support for a free and independent Cuba.—
538 (4)(a) If the Federal Government changes the diplomatic
539 status of Cuba, the Governor may, by executive order, suspend
540 the provisions of any statute or rule restricting interactions
541 with Cuba for a period not to exceed adjournment sine die of the
542 regular session of the Legislature after such suspension. A
543 suspension expires upon adjournment sine die of such regular
544 session of the Legislature. A suspension may not be renewed or
545 extended.
546 (b) If the Governor suspends a statute or rule under
547 paragraph (a), he or she may not subsequently suspend the same
548 statute or rule relating to Cuba unless expressly authorized by
549 the Legislature.
550 (c) At least 30 days before the next regular session of the
551 Legislature following a change in Cuba’s diplomatic status by
552 the Federal Government, the Governor shall submit to the
553 President of the Senate and the Speaker of the House of
554 Representatives written recommendations for policy changes, if
555 any, that should be considered by the Legislature concerning
556 Cuba. However, if the change in Cuba’s diplomatic status occurs
557 within 30 days before the convening of the next regular session
558 of the Legislature or during the regular session of the
559 Legislature, the Governor shall submit such recommendations as
560 soon as practicable.
561 (d) This subsection is repealed October 2, 2028, unless
562 saved from repeal through reenactment by the Legislature.
563 Section 13. Subsection (2) of section 288.860, Florida
564 Statutes, is amended to read:
565 288.860 International cultural agreements.—
566 (2) (a) A state agency, political subdivision, or public
567 school authorized to expend state-appropriated funds or levy ad
568 valorem taxes may not participate in any agreement with or
569 accept any grant from a foreign country of concern or its
570 subdivisions , or any entity controlled by a foreign country of
571 concern .
572 (b) All agreements under paragraph (a), including, but not
573 limited to, sister city agreements, are terminated as of July 1,
574 2026 , which:
575 (a) Constrains the freedom of contract of such public
576 entity;
577 (b) Allows the curriculum or values of a program in the
578 state to be directed or controlled by the foreign country of
579 concern; or
580 (c) Promotes an agenda detrimental to the safety or
581 security of the United States or its residents. Before the
582 execution of any cultural exchange agreement with a foreign
583 country of concern, the substance of the agreement must be
584 shared with federal agencies concerned with protecting national
585 security or enforcing trade sanctions, embargoes, or other
586 restrictions under federal law. If such federal agency provides
587 information suggesting that such agreement promotes an agenda
588 detrimental to the safety or security of the United States or
589 its residents, the public entity may not enter into the
590 agreement .
591 Section 14. Subsection (1) of section 316.0078, Florida
592 Statutes, is amended to read:
593 316.0078 Prohibition on contracting for camera systems of
594 vendors of foreign countries of concern.—
595 (1) As used in this section, the term: terms
596 (a) “Controlling interest” means possession of the power to
597 direct or cause the direction of the management or policies of a
598 company, whether through ownership of securities, by contract,
599 or otherwise. A person or an entity that directly or indirectly
600 has 25 percent or more of the voting interests of a company or
601 is entitled to 25 percent or more of its profits is presumed to
602 possess a controlling interest. and
603 (b) “Foreign country of concern” means the People’s
604 Republic of China, the Russian Federation, the Islamic Republic
605 of Iran, the Democratic People’s Republic of Korea, the Republic
606 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
607 Arab Republic, including any agency of or any other entity of
608 significant control of such foreign country of concern have the
609 same meanings as in s. 287.138(1) .
610 Section 15. Subsection (14) of section 496.404, Florida
611 Statutes, is amended to read:
612 496.404 Definitions.—As used in ss. 496.401-496.424, the
613 term:
614 (14) “Foreign source of concern” means any of the
615 following:
616 (a) The government or any official of the government of a
617 foreign country of concern;
618 (b) A political party or member of a political party or any
619 subdivision of a political party in a foreign country of
620 concern;
621 (c) A partnership, an association, a corporation, an
622 organization, or other combination of persons organized under
623 the laws of or having its principal place of business in a
624 foreign country of concern, or a subsidiary of such entity;
625 (d) Any person who is domiciled in a foreign country of
626 concern and is not a citizen or lawful permanent citizen of the
627 United States;
628 (e) An agent, including a subsidiary or an affiliate of a
629 foreign legal entity, acting on behalf of a foreign source of
630 concern; or
631 (f) An entity in which a person, entity, or collection of
632 persons or entities described in paragraphs (a)-(e) has a
633 controlling interest. As used in this paragraph, the term
634 “controlling interest” means the possession of the power to
635 direct or cause the direction of the management or policies of
636 an entity, whether through ownership of securities, by contract,
637 or otherwise. A person or an entity that directly or indirectly
638 has the right to vote 25 percent or more of the voting interest
639 of the company or is entitled to 25 percent or more of its
640 profits is presumed to possess a controlling interest ; or
641 (g) A designated foreign terrorist organization as defined
642 in s. 775.32(1) or an agent acting on behalf of a designated
643 foreign terrorist organization .
644 Section 16. Subsection (3) of section 692.201, Florida
645 Statutes, is amended to read:
646 692.201 Definitions.—As used in this part, the term:
647 (3) “Foreign country of concern” means the People’s
648 Republic of China, the Russian Federation, the Islamic Republic
649 of Iran, the Democratic People’s Republic of Korea, the Republic
650 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
651 Arab Republic, including any agency of or any other entity under
652 of significant control of such foreign country of concern.
653 Section 17. Section 692.21, Florida Statutes, is created to
654 read:
655 692.21 Protection of state critical infrastructure
656 facilities from foreign sources of concern.—
657 (1) As used in this section, the term:
658 (a) “Business entity” has the same meaning as in s.
659 112.312.
660 (b) “Foreign source of concern” has the same meaning as in
661 s. 496.404.
662 (c) “Governmental entity” has the same meaning as in s.
663 287.138(1).
664 (d) “Information technology” has the same meaning as in s.
665 282.0041.
666 (2)(a) A governmental entity or a business entity
667 constructing, repairing, operating, or otherwise having
668 significant access to a critical infrastructure facility may not
669 enter into a contract or other agreement relating to a critical
670 infrastructure facility in this state with a foreign source of
671 concern if the contract or agreement authorizes the foreign
672 source of concern to directly or remotely access or otherwise
673 control such critical infrastructure facility.
674 (b) A foreign source of concern may not enter into a
675 contract or other agreement relating to critical infrastructure
676 facilities in this state with a business entity constructing,
677 repairing, operating, or otherwise having significant access to
678 critical infrastructure facilities, or a governmental entity, if
679 the contract or agreement authorizes the foreign source of
680 concern to directly or remotely access or otherwise control such
681 critical infrastructure facility.
682 (3)(a) Beginning January 1, 2027, a business entity
683 constructing, repairing, operating, or otherwise having
684 significant access to a critical infrastructure facility in this
685 state which entered into a contract or other agreement before
686 July 1, 2026, with a foreign source of concern relating to such
687 critical infrastructure facility must register with the
688 Department of Commerce by January 1 of each year for the
689 remainder of the term of the contract or agreement with the
690 foreign source of concern relating to such critical
691 infrastructure facility. The Department of Commerce shall adopt
692 a registration form that includes all of the following:
693 1. The name of the business entity constructing, repairing,
694 operating, or otherwise having significant access to critical
695 infrastructure facilities in this state.
696 2. The address of the critical infrastructure facility the
697 business entity is constructing, repairing, or operating or to
698 which the business entity otherwise has significant access.
699 3. A description of the specific terms of the contract or
700 agreement which authorize a foreign source of concern to engage
701 in constructing, repairing, or operating or to otherwise have
702 significant access to such critical infrastructure facility.
703 (b) A business entity that violates paragraph (a):
704 1. Is subject to a civil penalty of $1,000 for each day the
705 violation continues.
706 2. Commits a misdemeanor of the second degree, punishable
707 as provided in s. 775.082 or s. 775.083.
708 (4) Before commencing any sale or other transfer of control
709 of a critical infrastructure facility in this state, the
710 business entity selling or otherwise transferring control of
711 such critical infrastructure facility must provide an affidavit,
712 signed under penalty of perjury, to the Department of Commerce
713 attesting that the buyer or transferee is not a foreign source
714 of concern.
715 (5)(a) Information technology produced or manufactured by a
716 foreign source of concern may not be used in a critical
717 infrastructure facility located in this state.
718 (b)1. Notwithstanding paragraph (a), a governmental entity
719 or business entity may enter into a contract or other agreement
720 with a foreign source of concern to use information technology
721 that is otherwise prohibited in paragraph (a) in a critical
722 infrastructure facility if the Department of Commerce, in
723 consultation with the Department of Management Services, makes a
724 written determination that:
725 a. There is no reasonable alternative available to address
726 a specific need relating to a critical infrastructure facility
727 in this state.
728 b. Failure to enter into the contract or agreement would
729 pose a greater risk to public health, public safety, or economic
730 security than the risk associated with entering into the
731 contract or agreement.
732 c. The contract or agreement includes mitigation measures
733 deemed necessary by the Department of Commerce, in consultation
734 with the Department of Management Services, to reduce any risk
735 to this state.
736 2. Beginning January 1, 2027, the Department of Commerce
737 shall submit to the Governor, the President of the Senate, and
738 the Speaker of the House of Representatives a written quarterly
739 report detailing each contract or agreement entered into
740 pursuant to this paragraph.
741 (c) This subsection does not apply to information
742 technology that is incapable of remote access to or control of
743 critical infrastructure.
744 (6) The Department of Commerce shall adopt rules to
745 implement this section.
746 Section 18. Subsection (1) of section 742.15, Florida
747 Statutes, is amended to read:
748 742.15 Gestational surrogacy contract.—
749 (1) Prior to engaging in gestational surrogacy, a binding
750 and enforceable gestational surrogacy contract shall be made
751 between the commissioning couple and the gestational surrogate.
752 A contract for gestational surrogacy is prohibited shall not be
753 binding and enforceable unless all of the following apply:
754 (a) The gestational surrogate is 18 years of age or older
755 and is a United States citizen or lawful permanent resident.
756 (b) The commissioning couple are legally married , and are
757 both 18 years of age or older , are domiciled in Florida, and are
758 United States citizens or lawful permanent residents .
759 Section 19. Section 775.08255, Florida Statutes, is created
760 to read:
761 775.08255 Offenses by foreign agents; reclassification.—
762 (1) As used in this section, the term:
763 (a) “Agent of a foreign government or designated foreign
764 terrorist organization” means a person acting on behalf of or
765 otherwise employed or controlled by a foreign government or a
766 designated foreign terrorist organization.
767 (b) “Designated foreign terrorist organization” has the
768 same meaning as in s. 775.32(1).
769 (c) “Foreign government” has the same meaning as in s.
770 286.101(1).
771 (2) The penalty for any misdemeanor or felony may be
772 reclassified if the commission of such misdemeanor or felony was
773 for the purpose of benefiting, promoting, or furthering the
774 interests of a foreign government, a designated foreign
775 terrorist organization, or an agent of a foreign government or
776 designated foreign terrorist organization. The reclassification
777 is as follows:
778 (a) A misdemeanor of the second degree is reclassified to a
779 misdemeanor of the first degree.
780 (b) A misdemeanor of the first degree is reclassified to a
781 felony of the third degree.
782 (c) A felony of the third degree is reclassified to a
783 felony of the second degree.
784 (d) A felony of the second degree is reclassified to a
785 felony of the first degree.
786 (e) A felony of the first degree is reclassified to a life
787 felony.
788 (3) In addition to any other penalties prescribed by law, a
789 person convicted of a felony of the first degree or a life
790 felony under this section shall be sentenced to a minimum term
791 of imprisonment of 15 years.
792 Section 20. Section 775.36, Florida Statutes, is created to
793 read:
794 775.36 Unauthorized enforcement of foreign law.—
795 (1) As used in this section, the term:
796 (a) “Agent of a foreign government or designated foreign
797 terrorist organization” means a person acting on behalf of or
798 otherwise employed or controlled by a foreign government or a
799 designated foreign terrorist organization.
800 (b) “Designated foreign terrorist organization” has the
801 same meaning as in s. 775.32(1).
802 (c) “Foreign government” has the same meaning as in s.
803 286.101(1).
804 (2) Without the approval of the state or the United States,
805 a person may not:
806 (a) Prevent another person in this state from violating the
807 laws of a foreign government which are not also the laws of this
808 state or the United States; or
809 (b) Investigate, monitor, or surveil another person in this
810 state for the purpose of preventing the other person from
811 violating the laws of a foreign government which are not also
812 the laws of this state or the United States.
813 (3) A person who violates this section commits a felony of
814 the third degree, punishable as provided in s. 775.082, s.
815 775.083, or s. 775.084. However, a person who violates this
816 section for the purpose of benefiting, promoting, or furthering
817 the interests of a foreign government, a designated foreign
818 terrorist organization, or an agent of a foreign government or
819 designated foreign terrorist organization commits a felony of
820 the second degree, punishable as provided in s. 775.082, s.
821 775.083, or s. 775.084.
822 Section 21. Paragraph (a) of subsection (7) of section
823 282.802, Florida Statutes, is amended to read:
824 282.802 Government Technology Modernization Council.—
825 (7)(a) The council shall meet at least quarterly to:
826 1. Recommend legislative and administrative actions that
827 the Legislature and state agencies as defined in s. 282.318(2)
828 may take to promote the development of data modernization in
829 this state.
830 2. Assess and provide guidance on necessary legislative
831 reforms and the creation of a state code of ethics for
832 artificial intelligence systems in state government.
833 3. Assess the effect of automated decision systems or
834 identity management on constitutional and other legal rights,
835 duties, and privileges of residents of this state.
836 4. Evaluate common standards for artificial intelligence
837 safety and security measures, including the benefits of
838 requiring disclosure of the digital provenance for all images
839 and audio created using generative artificial intelligence as a
840 means of revealing the origin and edit of the image or audio, as
841 well as the best methods for such disclosure.
842 5. Assess the manner in which governmental entities and the
843 private sector are using artificial intelligence with a focus on
844 opportunity areas for deployments in systems across this state.
845 6. Determine the manner in which artificial intelligence is
846 being exploited by bad actors, including foreign countries of
847 concern as defined in s. 286.101(1) s. 287.138(1) .
848 7. Evaluate the need for curriculum to prepare school-age
849 audiences with the digital media and visual literacy skills
850 needed to navigate the digital information landscape.
851 Section 22. This act shall take effect July 1, 2026.