SESSION WATCH
THE BILL ITSELF

CS/CS/CS/HB 905

Foreign Influence

VERSION H 905 er · 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.

2 An act relating to foreign influence; providing a
3 short title; amending s. 112.313, F.S.; defining the
4 terms "designated foreign terrorist organization" and
5 "foreign country of concern"; providing penalties for
6 specified persons who solicit or accept anything of
7 value from persons or entities representing a
8 designated foreign terrorist organization or a foreign
9 country of concern; amending s. 112.3142, F.S.;
10 requiring the Commission on Ethics to adopt certain
11 rules by a specified date; amending s. 205.0532, F.S.;
12 authorizing any appropriate tax collector to revoke or
13 refuse to renew business tax receipts of specified
14 individuals, businesses, or entities; authorizing such
15 tax collector or a local governing authority to
16 request a specified sworn affidavit or declaration
17 from such individual, business, or entity; providing
18 criminal penalties; amending s. 288.816, F.S.;
19 prohibiting certain activities encouraging
20 affiliations with foreign countries of concern;
21 requiring the Department of Commerce to publish and
22 update certain information on its website; amending s.
23 288.8175, F.S.; deleting the Florida-China Institute
24 from the list of linkage institutes; deleting an
25 exemption for linkage institutes; prohibiting a
26 linkage institute from entering into an agreement or
27 participating in an activity with a foreign country of
28 concern; amending s. 288.854, F.S.; authorizing the
29 Governor to suspend certain laws or rules relating to
30 Cuba for a specified period under certain
31 circumstances; prohibiting such suspension from being
32 renewed or extended; prohibiting the Governor from
33 suspending the same laws or rules without express
34 authorization from the Legislature; requiring the
35 Governor to submit to the Legislature certain written
36 recommendations within a specified timeframe;
37 providing for future legislative repeal of certain
38 provisions; amending s. 288.860, F.S.; requiring that
39 certain agreements be terminated by a specified date;
40 amending s. 316.0078, F.S.; revising the definitions
41 of the terms "controlling interest" and "foreign
42 country of concern"; amending s. 496.404, F.S.;
43 revising the definition of the term "foreign source of
44 concern"; amending s. 692.201, F.S.; revising the
45 definition of the term "foreign country of concern";
46 creating s. 775.08255, F.S.; defining terms;
47 prohibiting enforcement of certain laws of a foreign
48 government; providing enhanced criminal penalties;
49 amending s. 282.802, F.S.; conforming a cross-
50 reference; amending s. 63.213, F.S.; prohibiting
51 preplanned adoption agreements unless certain
52 conditions are met; amending s. 742.15, F.S.;
53 prohibiting contracts for gestational surrogacy unless
54 certain conditions are met; declaring that certain
55 contracts are void and unenforceable; providing an
56 effective date.
58 Be It Enacted by the Legislature of the State of Florida:
60 Section 1. This act may be cited as the "Foreign
61 Interference Restriction and Enforcement Act."
62 Section 2. Subsections (1) and (2) of section 112.313,
63 Florida Statutes, are amended to read:
64 112.313 Standards of conduct for public officers,
65 employees of agencies, and local government attorneys.—
66 (1) DEFINITIONS DEFINITION.—As used in this section,
67 unless the context otherwise requires, the term:
68 (a) "Designated foreign terrorist organization" has the
69 same meaning as in s. 775.32.
70 (b) "Foreign country of concern" has the same meaning as
71 in s. 286.101(1).
72 (c) "Public officer" includes any person elected or
73 appointed to hold office in any agency, including any person
74 serving on an advisory body.
75 (2) SOLICITATION OR ACCEPTANCE OF GIFTS.—
76 (a) A No public officer, an employee of an agency, a local
77 government attorney, or a candidate for nomination or election
78 may not shall solicit or accept anything of value to the
79 recipient, including a gift, loan, reward, promise of future
80 employment, favor, or service, based upon any understanding that
81 the vote, official action, or judgment of the public officer,
82 employee, local government attorney, or candidate would be
83 influenced thereby.
84 (b) A public officer, an employee of an agency, a local
85 government attorney, or a candidate for nomination or election
86 found to have violated this subsection by soliciting or
87 accepting anything of value from a person or an entity
88 representing or acting on behalf of a designated foreign
89 terrorist organization or foreign country of concern or any of
90 its subdivisions must, in addition to any criminal or civil
91 penalty involved, repay double the value of any pecuniary
92 benefit received as a result of the violation committed.
93 Section 3. Paragraph (e) of subsection (2) of section
94 112.3142, Florida Statutes, is amended to read:
95 112.3142 Ethics training for specified constitutional
96 officers, elected municipal officers, commissioners of community
97 redevelopment agencies, and elected local officers of
98 independent special districts.—
99 (2)
100 (e) The commission shall adopt rules establishing minimum
101 course content for the portion of an ethics training class which
102 addresses s. 8, Art. II of the State Constitution and the Code
103 of Ethics for Public Officers and Employees. By November 1,
104 2026, the commission shall adopt revised rules to supplement the
105 minimum course content, including all of the following:
106 1. Known efforts by foreign countries of concern to target
107 and influence subnational governments, including, but not
108 limited to, the Chinese Communist Party's United Front strategy.
109 2. How to identify, recognize, and report suspected
110 foreign influence campaigns.
111 3. Enhanced penalties for violations relating to gifts
112 from foreign countries of concern as defined in s. 286.101(1) or
113 designated foreign terrorist organizations as defined in s.
114 775.32(1) under s. 112.313(2)(b).
115 Section 4. Section 205.0532, Florida Statutes, is amended
116 to read:
117 205.0532 Revocation or refusal to renew; doing business
118 with Cuba.—
119 (1) Any appropriate tax collector or local governing
120 authority issuing a business tax receipt to any individual,
121 business, or entity under this chapter may revoke or refuse to
122 renew such receipt if the individual, business, or entity, or
123 parent company of such individual, business, or entity, is doing
124 business with Cuba in violation of federal law.
125 (2) Any appropriate tax collector or local governing
126 authority may request a sworn affidavit or declaration from any
127 individual, business, or entity attesting to whether the
128 individual, business, or entity is doing business with Cuba in
129 violation of federal law.
130 (3) A person who knowingly makes a false declaration under
131 subsection (2) commits the crime of perjury by false written
132 declaration, a felony of the third degree, punishable as
133 provided in s. 775.082, s. 775.083, or s. 775.084.
134 Section 5. Paragraph (a) of subsection (3) of section
135 288.816, Florida Statutes, is amended, and subsection (7) is
136 added to that section, to read:
137 288.816 Intergovernmental relations.—
138 (3) The state protocol officer may:
139 (a) Coordinate and carry out activities designed to
140 encourage the state and its subdivisions to participate in
141 sister city and sister state affiliations with foreign countries
142 and their subdivisions. Such activities may include a State of
143 Florida sister cities conference. Such activities may not
144 include encouragement of any affiliations with foreign countries
145 of concern as defined in s. 288.860(1) or their subdivisions.
146 (7) The department shall publish on its website, to be
147 updated quarterly, the following information:
148 (a) A current and accurate list of all foreign consulate
149 offices.
150 (b) A current and accurate list of all sister city and
151 sister state affiliations, including a copy of all such
152 agreements.
153 Section 6. Subsections (3), (4), and (5) of section
154 288.8175, Florida Statutes, are amended, and a new subsection
155 (7) is added to that section, to read:
156 288.8175 Linkage institutes between postsecondary
157 institutions in this state and foreign countries.—
158 (3) Each institute must be co-administered in this state
159 by a university-community college partnership, as designated in
160 subsection (5), and must have a private sector and public sector
161 advisory committee. The advisory committee must be
162 representative of the international education and commercial
163 interests of the state and may have members who are native to
164 the foreign country partner. Six members must be appointed by
165 the Department of Education. The Department of Education must
166 appoint at least one member who is an international educator.
167 The presidents, or their designees, of the participating
168 university and community college must also serve on the advisory
169 committee.
170 (4) The institutes are:
171 (a) Florida-Brazil Institute (University of Florida and
172 Miami Dade College).
173 (b) Florida-Costa Rica Institute (Florida State University
174 and Valencia College).
175 (c) Florida Caribbean Institute (Florida International
176 University and Daytona State College).
177 (d) Florida-Canada Institute (University of Central
178 Florida and Palm Beach State College).
179 (e) Florida-China Institute (University of West Florida,
180 University of South Florida, and Eastern Florida State College).
181 (e)(f) Florida-Japan Institute (University of South
182 Florida, University of West Florida, and St. Petersburg
183 College).
184 (f)(g) Florida-France Institute (New College of the
185 University of South Florida, Miami Dade College, and Florida
186 State University).
187 (g)(h) Florida-Israel Institute (Florida Atlantic
188 University and Broward College).
189 (h)(i) Florida-West Africa Institute (Florida Agricultural
190 and Mechanical University, University of North Florida, and
191 Florida State College at Jacksonville).
192 (i)(j) Florida-Eastern Europe Institute (University of
193 Central Florida and Lake-Sumter State College).
194 (j)(k) Florida-Mexico Institute (Florida International
195 University and Polk State College).
196 (5) Each institute is allowed to exempt from s. 1009.21 up
197 to 25 full-time equivalent students per year from the respective
198 host countries to study in any of the state universities or
199 community colleges in this state as resident students for
200 tuition purposes. The institute directors shall develop
201 criteria, to be approved by the Department of Education, for the
202 selection of these students. Students must return home within 3
203 years after their tenure of graduate or undergraduate study for
204 a length of time equal to their exemption period.
205 (7) A linkage institute may not enter into any agreement
206 or participate in any activities with a foreign country of
207 concern as defined in s. 288.860(1) or any organization in a
208 foreign country of concern.
209 Section 7. Present subsection (4) of section 288.854,
210 Florida Statutes, is redesignated as subsection (5), and a new
211 subsection (4) is added to that section, to read:
212 288.854 Support for a free and independent Cuba.—
213 (4)(a) If the Federal Government changes the diplomatic
214 status of Cuba, the Governor may, by executive order, suspend
215 the provisions of any statute or rule restricting interactions
216 with Cuba for a period not to exceed adjournment sine die of the
217 regular session of the Legislature after such suspension. A
218 suspension expires upon adjournment sine die of such regular
219 session of the Legislature. A suspension may not be renewed or
220 extended.
221 (b) If the Governor suspends a statute or rule under
222 paragraph (a), he or she may not subsequently suspend the same
223 statute or rule relating to Cuba unless expressly authorized by
224 the Legislature.
225 (c) At least 30 days before the next regular session of
226 the Legislature following a change in Cuba's diplomatic status
227 by the Federal Government, the Governor shall submit to the
228 President of the Senate and the Speaker of the House of
229 Representatives written recommendations for policy changes, if
230 any, that should be considered by the Legislature concerning
231 Cuba. However, if the change in Cuba's diplomatic status occurs
232 within 30 days before the convening of the next regular session
233 of the Legislature or during the regular session of the
234 Legislature, the Governor must submit such recommendations as
235 soon as practicable.
236 (d) This subsection is repealed October 2, 2028, unless
237 saved from repeal through reenactment by the Legislature.
238 Section 8. Subsection (2) of section 288.860, Florida
239 Statutes, is amended to read:
240 288.860 International cultural agreements.—
241 (2)(a) A state agency, political subdivision, or public
242 school authorized to expend state-appropriated funds or levy ad
243 valorem taxes may not participate in any agreement with or
244 accept any grant from a foreign country of concern or its
245 subdivisions, or any entity controlled by a foreign country of
246 concern.
247 (b) All agreements under paragraph (a), including, but not
248 limited to, sister city agreements, are terminated as of July 1,
249 2026, which:
250 (a) Constrains the freedom of contract of such public
251 entity;
252 (b) Allows the curriculum or values of a program in the
253 state to be directed or controlled by the foreign country of
254 concern; or
255 (c) Promotes an agenda detrimental to the safety or
256 security of the United States or its residents. Before the
257 execution of any cultural exchange agreement with a foreign
258 country of concern, the substance of the agreement must be
259 shared with federal agencies concerned with protecting national
260 security or enforcing trade sanctions, embargoes, or other
261 restrictions under federal law. If such federal agency provides
262 information suggesting that such agreement promotes an agenda
263 detrimental to the safety or security of the United States or
264 its residents, the public entity may not enter into the
265 agreement.
266 Section 9. Subsection (1) of section 316.0078, Florida
267 Statutes, is amended to read:
268 316.0078 Prohibition on contracting for camera systems of
269 vendors of foreign countries of concern.—
270 (1) As used in this section, the term: terms
271 (a) "Controlling interest" means possession of the power
272 to direct or cause the direction of the management or policies
273 of a company, whether through ownership of securities, by
274 contract, or otherwise. A person or an entity that directly or
275 indirectly has 25 percent or more of the voting interests of a
276 company or is entitled to 25 percent or more of its profits is
277 presumed to possess a controlling interest. and
278 (b) "Foreign country of concern" means the People's
279 Republic of China, the Russian Federation, the Islamic Republic
280 of Iran, the Democratic People's Republic of Korea, the Republic
281 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
282 Arab Republic, including any agency of or any other entity of
283 significant control of such foreign country of concern have the
284 same meanings as in s. 287.138(1).
285 Section 10. Subsection (14) of section 496.404, Florida
286 Statutes, is amended to read:
287 496.404 Definitions.—As used in ss. 496.401-496.424, the
288 term:
289 (14) "Foreign source of concern" means any of the
290 following:
291 (a) The government or any official of the government of a
292 foreign country of concern;
293 (b) A political party or member of a political party or
294 any subdivision of a political party in a foreign country of
295 concern;
296 (c) A partnership, an association, a corporation, an
297 organization, or other combination of persons organized under
298 the laws of or having its principal place of business in a
299 foreign country of concern, or a subsidiary of such entity;
300 (d) Any person who is domiciled in a foreign country of
301 concern and is not a citizen or lawful permanent citizen of the
302 United States;
303 (e) An agent, including a subsidiary or an affiliate of a
304 foreign legal entity, acting on behalf of a foreign source of
305 concern; or
306 (f) An entity in which a person, entity, or collection of
307 persons or entities described in paragraphs (a)-(e) has a
308 controlling interest. As used in this paragraph, the term
309 "controlling interest" means the possession of the power to
310 direct or cause the direction of the management or policies of
311 an entity, whether through ownership of securities, by contract,
312 or otherwise. A person or an entity that directly or indirectly
313 has the right to vote 25 percent or more of the voting interest
314 of the company or is entitled to 25 percent or more of its
315 profits is presumed to possess a controlling interest; or
316 (g) A designated foreign terrorist organization as defined
317 in s. 775.32 or an agent acting on behalf of a designated
318 foreign terrorist organization.
319 Section 11. Subsection (3) of section 692.201, Florida
320 Statutes, is amended to read:
321 692.201 Definitions.—As used in this part, the term:
322 (3) "Foreign country of concern" means the People's
323 Republic of China, the Russian Federation, the Islamic Republic
324 of Iran, the Democratic People's Republic of Korea, the Republic
325 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
326 Arab Republic, including any agency of or any other entity under
327 of significant control of such foreign country of concern.
328 Section 12. Section 775.08255, Florida Statutes, is
329 created to read:
330 775.08255 Offenses by foreign agents; reclassification.—
331 (1) As used in this section, the term:
332 (a) "Agent of a foreign government or designated foreign
333 terrorist organization" means a person acting on behalf of or
334 otherwise employed or controlled by a foreign government or a
335 designated foreign terrorist organization.
336 (b) "Designated foreign terrorist organization" has the
337 same meaning as provided in s. 775.32.
338 (c) "Foreign government" has the same meaning as provided
339 in s. 286.101(1).
340 (2) The penalty for any misdemeanor or felony may be
341 reclassified if the commission of such misdemeanor or felony was
342 for the purpose of benefiting, promoting, or furthering the
343 interests of a foreign government, a designated foreign
344 terrorist organization, or an agent of a foreign government or
345 designated foreign terrorist organization. The reclassification
346 is as follows:
347 (a) A misdemeanor of the second degree is reclassified to
348 a misdemeanor of the first degree.
349 (b) A misdemeanor of the first degree is reclassified to a
350 felony of the third degree.
351 (c) A felony of the third degree is reclassified to a
352 felony of the second degree.
353 (d) A felony of the second degree is reclassified to a
354 felony of the first degree.
355 (e) A felony of the first degree is reclassified to a life
356 felony.
357 (3) In addition to any other penalties prescribed by law,
358 a person convicted of a felony of the first degree or a life
359 felony under this section must be sentenced to a minimum term of
360 imprisonment of 15 years.
361 Section 13. Paragraph (a) of subsection (7) of section
362 282.802, Florida Statutes, is amended to read:
363 282.802 Government Technology Modernization Council.—
364 (7)(a) The council shall meet at least quarterly to:
365 1. Recommend legislative and administrative actions that
366 the Legislature and state agencies as defined in s. 282.318(2)
367 may take to promote the development of data modernization in
368 this state.
369 2. Assess and provide guidance on necessary legislative
370 reforms and the creation of a state code of ethics for
371 artificial intelligence systems in state government.
372 3. Assess the effect of automated decision systems or
373 identity management on constitutional and other legal rights,
374 duties, and privileges of residents of this state.
375 4. Evaluate common standards for artificial intelligence
376 safety and security measures, including the benefits of
377 requiring disclosure of the digital provenance for all images
378 and audio created using generative artificial intelligence as a
379 means of revealing the origin and edit of the image or audio, as
380 well as the best methods for such disclosure.
381 5. Assess the manner in which governmental entities and
382 the private sector are using artificial intelligence with a
383 focus on opportunity areas for deployments in systems across
384 this state.
385 6. Determine the manner in which artificial intelligence
386 is being exploited by bad actors, including foreign countries of
387 concern as defined in s. 286.101(1) s. 287.138(1).
388 7. Evaluate the need for curriculum to prepare school-age
389 audiences with the digital media and visual literacy skills
390 needed to navigate the digital information landscape.
391 Section 14. Subsection (2) of section 63.213, Florida
392 Statutes, is amended to read:
393 63.213 Preplanned adoption agreement.—
394 (2)(a) A preplanned adoption agreement is prohibited if:
395 1. The volunteer mother is a citizen or resident of a
396 foreign country of concern as defined in s. 286.101(1).
397 2. Either the intended father or intended mother is a
398 citizen or resident of a foreign country of concern as defined
399 in s. 286.101(1).
400 (b) A preplanned adoption agreement must include, but need
401 not be limited to, the following terms:
402 1.(a) That the volunteer mother agrees to become pregnant
403 by the fertility technique specified in the agreement, to bear
404 the child, and to terminate any parental rights and
405 responsibilities to the child she might have through a written
406 consent executed at the same time as the preplanned adoption
407 agreement, subject to a right of rescission by the volunteer
408 mother any time within 48 hours after the birth of the child, if
409 the volunteer mother is genetically related to the child.
410 2.(b) That the volunteer mother agrees to submit to
411 reasonable medical evaluation and treatment and to adhere to
412 reasonable medical instructions about her prenatal health.
413 3.(c) That the volunteer mother acknowledges that she is
414 aware that she will assume parental rights and responsibilities
415 for the child born to her as otherwise provided by law for a
416 mother if the intended father and intended mother terminate the
417 agreement before final transfer of custody is completed, if a
418 court determines that a parent clearly specified by the
419 preplanned adoption agreement to be the biological parent is not
420 the biological parent, or if the preplanned adoption is not
421 approved by the court pursuant to the Florida Adoption Act.
422 4.(d) That an intended father who is also the biological
423 father acknowledges that he is aware that he will assume
424 parental rights and responsibilities for the child as otherwise
425 provided by law for a father if the agreement is terminated for
426 any reason by any party before final transfer of custody is
427 completed or if the planned adoption is not approved by the
428 court pursuant to the Florida Adoption Act.
429 5.(e) That the intended father and intended mother
430 acknowledge that they may not receive custody or the parental
431 rights under the agreement if the volunteer mother terminates
432 the agreement or if the volunteer mother rescinds her consent to
433 place her child for adoption within 48 hours after the birth of
434 the child, if the volunteer mother is genetically related to the
435 child.
436 6.(f) That the intended father and intended mother may
437 agree to pay all reasonable legal, medical, psychological, or
438 psychiatric expenses of the volunteer mother related to the
439 preplanned adoption arrangement and may agree to pay the
440 reasonable living expenses and wages lost due to the pregnancy
441 and birth of the volunteer mother and reasonable compensation
442 for inconvenience, discomfort, and medical risk. No other
443 compensation, whether in cash or in kind, shall be made pursuant
444 to a preplanned adoption arrangement.
445 7.(g) That the intended father and intended mother agree
446 to accept custody of and to assert full parental rights and
447 responsibilities for the child immediately upon the child's
448 birth, regardless of any impairment to the child.
449 8.(h) That the intended father and intended mother shall
450 have the right to specify the blood and tissue typing tests to
451 be performed if the agreement specifies that at least one of
452 them is intended to be the biological parent of the child.
453 9.(i) That the agreement may be terminated at any time by
454 any of the parties.
455 Section 15. Subsection (1) of section 742.15, Florida
456 Statutes, is amended to read:
457 742.15 Gestational surrogacy contract.—
458 (1)(a) Before Prior to engaging in gestational surrogacy,
459 a binding and enforceable gestational surrogacy contract shall
460 be made between the commissioning couple and the gestational
461 surrogate. A contract for gestational surrogacy is shall not be
462 binding and enforceable unless the gestational surrogate is 18
463 years of age or older and the commissioning couple are legally
464 married and are both 18 years of age or older.
465 (b)1. A gestational surrogacy contract may not be entered
466 into in this state if any party to the contract is a citizen or
467 resident of a foreign country of concern as defined in s.
468 286.101(1).
469 2. A gestational surrogacy contract executed in violation
470 of this paragraph is void and unenforceable as against the
471 public policy of the state.
472 Section 16. This act shall take effect July 1, 2026.