PCS for HB 679 (2023): An Act Relating to Agreements of State Colleges — Florida House of Representatives
- Issuer
- Congressional materials
- Document type
- 2023 3247 Postsecondary Education Workforce Subcommittee Proposed Committee Bills Pcbs Fn
Summary
A Florida House of Representatives bill draft marked PCS for HB 679, nine pages, relating to agreements of state colleges and state universities with foreign entities. Section 1 amends s. 288.860, F.S., defining a foreign country of concern and barring state universities and state colleges, beginning July 1, 2023, from accepting grants from or entering agreements with entities based in or controlled by such a country unless approved by the Board of Governors or the State Board of Education. It authorizes those boards to sanction institutions and withhold performance funding for unapproved agreements, and requires annual reports beginning August 1, 2024. Section 2 amends section 286.101, Florida Statutes, to bar state universities and colleges and their employees from soliciting or accepting gifts from a foreign country of concern. Section 3 sets an effective date of July 1, 2023.
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Cite this document
“PCS for HB 679 (2023): An Act Relating to Agreements of State Colleges — Florida House of Representatives.”
Original at www.flhouse.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2023-3247-postsecondary-education-workforce-subcommittee-proposed-committee-bills-pcbs-fn-pcs-for-hb-679/
, SHA-256 731bd4abd5d589664f00284329c21867032d596789ff63b0817071f5d04ccb09.Full text
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
BILL ORIGINAL YEAR
1 A bill to be entitled
2 An act relating to agreements of state colleges and
3 state universities with foreign entities; amending s.
4 288.860, F.S.; defining terms; prohibiting state
5 universities and state colleges from accepting grants
6 or participating in agreements with a foreign country
7 of concern unless specified conditions are met;
8 authorizing state universities to enter into
9 agreements with a foreign country of concern if such
10 agreement is approved by the Board of Governors and
11 specified requirements are met; authorizing the board
12 to sanction and to withhold performance funding from a
13 state university for entering into an unauthorized
14 foreign agreement; authorizing a state college to
15 enter into an agreement with a foreign country of
16 concern if such agreement is authorized by the State
17 Board of Education and specified requirements are met;
18 authorizing the state board to sanction and to
19 withhold performance funding from a state college for
20 entering into an unauthorized agreement with a foreign
21 country of concern; requiring each state university
22 and state college to annually submit specified
23 information to the Board of Governors and Department
24 of Education if certain conditions are met; requiring
25 the Board of Governors and the department to annually
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26 submit a report to the Governor and the Legislature;
27 providing requirements for the report; requiring the
28 Board of Governors and the State Board of Education to
29 adopt regulations and rules, respectively; amending s.
30 286.101, F.S.; revising and defining terms;
31 prohibiting a state university or state college from
32 soliciting or accepting a gift from a foreign country
33 of concern; requiring the Board of Governors and the
34 State Board of Education to adopt regulations and
35 rules, respectively; providing an effective date.
36
37 Be It Enacted by the Legislature of the State of Florida:
38 Section 1. Section 288.860, Florida Statutes, is amend ed
39 to read:
40 288.860 International cultural agreements.—
41 (1) As used in this section, the term:
42 (a) "Foreign country of concern" means the People's
43 Republic of China, the Russian Federation, the Islamic Republic
44 of Iran, the Democratic People's Republic of Korea, the Republic
45 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
46 Arab Republic, including any agency of or any other entity under
47 significant control of such foreign country of concern.
48 (b) "Partnership" means a faculty or student exchange
49 program, a study abroad program, an articulation program, a
50 recruiting program, or a dual degree program.
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51 (c) "Political subdivision" has the same meaning as in s.
52 1.01(8) and includes any entity under the control of or
53 established for the benefit of the political subdivision.
54 (d)(c) "Public school" means any education institution
55 under the supervision of a school district and any entity under
56 the control of or established for the benefit of a public school
57 or school district.
58 (e)(d) "State agency" means any agency or unit of state
59 government created or established by law and any entity under
60 the control of or established for the benefit of a state agency.
61 (f)(e) "State college" means any postsecondary education
62 institution under the supervision of the State Board of
63 Education, including any entity under the control of or
64 established for the benefit of a state college.
65 (g)(f) "State university" means any state university under
66 the supervision of the Board of Governors, including any entity
67 under the control of or established for the benefit of a state
68 university.
69 (2) A state agency, political subdivision, or public
70 school, state college, or state university authorized to expend
71 state-appropriated funds or levy ad valorem taxes may not
72 participate in any agreement with or accept any grant from a
73 foreign country of concern, or any entity controlled by a
74 foreign country of concern, which:
75 (a) Constrains the freedom of contract of such public
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76 entity;
77 (b) Allows the curriculum or values of a program in the
78 state to be directed or controlled by the foreign country of
79 concern; or
80 (c) Promotes an agenda detrimental to the safety or
81 security of the United States or its residents. Before Prior to
82 the execution of any cultural exchange agreement with a foreign
83 country of concern, the substance of the agreement must shall be
84 shared with federal agencies concerned with protecting national
85 security or enforcing trade sanctions, embargoes, or other
86 restrictions under federal law. If such federal agency provides
87 information suggesting that such agreement promotes an agenda
88 detrimental to the safety or security of the United States or
89 its residents, the public entity may not enter into the
90 agreement.
91 (3)(a) For the purposes of this subsection only, the term
92 "agreement" means a written statement of mutual interest in
93 academic or research collaboration.
94 (b) Beginning July 1, 2023, a state university or state
95 college authorized to expend state-appropriated funds may not
96 accept any grant from or participate in any agreement or
97 partnership with any college, university, or entity that is
98 based in or controlled by a foreign country of concern, except
99 as specified in paragraphs (c) and (d).
100 (c) A state university may, upon approval by the Board of
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101 Governors, enter into an agreement with a foreign country of
102 concern or an entity located in or controlled by a foreign
103 country of concern if such agreement is deemed by the board to
104 be valuable to students and the state university and is not
105 detrimental to the safety or security of the United States or
106 its residents. An agreement approved under this subsection must
107 meet the other relevant requirements of s. 288.860.
108 1. Beginning July 1, 2023, the board shall exerci se the
109 authority provided pursuant to s. 1008.322 to sanction a state
110 university pursuant to subparagraph 2. which enters into a
111 partnership or agreement with a foreign country of concern or an
112 entity that is located in or controlled by a foreign country of
113 concern without approval from the board.
114 2. The board may withhold additional performance funding
115 for a state university that enters into an agreement with a
116 foreign country of concern or an entity that is located in or
117 controlled by a foreign country of concern without approval from
118 the board. The funds must be deposited into the General Revenue
119 Fund. The board may administratively enforce this section.
120 (d) A state college may, upon approval by the State Board
121 of Education, enter into an agreement with a foreign country of
122 concern or an entity located in or controlled by a foreign
123 country of concern if such agreement is deemed by the state
124 board to be valuable to students and the state college and is
125 not detrimental to the safety or security of the Un ited States
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126 or its residents. An agreement approved under this subsection
127 must meet the requirements of s. 288.860.
128 1. Beginning July 1, 2023, the state board shall exercise
129 the authority provided pursuant to s. 1008.32 to sanction a
130 state college pursuant to subparagraph 2. which enters into a
131 partnership or agreement with a foreign country of concern or an
132 entity that is located in or controlled by a foreign country of
133 concern without approval from the state board.
134 2. The state board may withhold additional performance
135 funding for a state college that enters into an agreement with a
136 foreign country of concern or an entity that is located in or
137 controlled by a foreign country of concern without approval from
138 the state board. The funds must be deposited into the General
139 Revenue Fund. The state board may administratively enforce this
140 section.
141 (e) Each state university and state college shall submit
142 the information required in paragraph (f) to the Board of
143 Governors and the Department of Education, respectively, by July
144 1 of each year.
145 (f) By August 1, 2024, and each August 1 thereafter, the
146 Board of Governors and the Department of Education,
147 respectively, shall submit a report to the Governor, the
148 President of the Senate, and the Speaker of the House of
149 Representatives relating to agreements of state universities and
150 state colleges, respectively, with foreign entities. At a
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151 minimum, the report must include the following information for
152 the previous fiscal year:
153 1. Data reflecting any grant program, agreement,
154 partnership, or contract between a state university or state
155 college and any university, college, or entity that is based in
156 or controlled by a foreign country.
157 2. Data reflecting any office, campus, or physical
158 location used or maintained by a state university or state
159 college in a foreign country.
160 3. The date on which any such grant program, agreement,
161 partnership, or contract reported pursuant to subparagraph 1. is
162 expected to terminate.
163 (g) The Board of Governors and the State Board of
164 Education shall adopt regulations and rules, respectively, to
165 administer this subsection.
166 (4)(3) A state agency, political subdivision, public
167 school, state college, or state university may not accept
168 anything of value conditioned upon participation in a program or
169 other endeavor to promote the language or culture of a foreign
170 country of concern.
171 (5)(4) For the 2022-2023 fiscal year, notwithstanding
172 subsection (2), a state agency, political subdivision, public
173 school, state college, or state university may not enter into
174 any agreement with or accept any grant from the Russian
175 Federation. This subsection expires July 1, 2023.
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176 Section 2. Paragraph (h) of subsection (1) of section
177 286.101, Florida Statutes, is amended, paragraphs (i) and (j)
178 are added to that subsection, and subsection (10) is added to
179 that section, to read:
180 286.101 Foreign gifts and contracts.—
181 (1) As used in this section, the term:
182 (h) "State agency" means any agency or unit of state
183 government created or established by law. For the purposes of
184 this section only, the term does not include a state university
185 or a state college.
186 (i) "State college" means any postsecondary education
187 institution under the supervision of the State Board of
188 Education, including any entity under the control of or
189 established for the benefit of a state college.
190 (j) "State university" means any state university under
191 the supervision of the Board of Governors, including any entity
192 under the control of or established for the benefit of a state
193 university.
194 (10)(a) A state university or state college, or any
195 employee or representative of a state university or state
196 college, may not solicit or accept any gift, including any
197 physical object, loan, reward, promise of future employment,
198 favor, or service, from:
199 1. A foreign country of concern or an entity that is
200 located in or controlled by a foreign country of concern; or
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201 2. A person associated with or employed by a foreign
202 country of concern or an entity that is located in or controlled
203 by a foreign country of concern.
204 (b) The Board of Governors and the State Board of
205 Education shall adopt regulations and rules, respectively, to
206 administer this subsection.
207 Section 3. This act shall take effect July 1, 2023.
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