Senate Bill 2010 (2021) — Foreign influence

SB 2010

Florida Bills

Florida Senate - 2021 SB 2010 By Senator Diaz 36-01358-21 20212010__ Page 1 of 19 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to foreign influence; creating s. 2 286.101, F.S.; providing

definitions; requiring any 3 state agency or political subdivision to disclose 4 certain gifts or grants received from any foreign 5 source to the Department of Financial Services within 6 a specified timeframe; providing an exception; 7 requiring any entity that applies for a certain grant 8 or proposes a certain contract to disclose to a state 9 agency or political subdivision any current or prior 10 interest of, contract with, or grant or gift received 11 from a foreign country of concern under certain 12 circumstances; requiring such entity to provide a copy 13 of such disclosure to the department within a 14 specified timeframe before applying for any grant or 15 proposing any contract; requiring such entity to 16 revise its disclosure within a specified timeframe 17 under certain circumstances; requiring the Department 18 of Management Services to screen certain vendors 19 periodically; requiring certain notification on the 20 online procurement system; requiring the Department of 21 Financial Services to establish and maintain an 22 Internet website to publish the disclosures; 23 authorizing the department to establish an online 24 system for making such disclosures; authorizing the 25 Department of Management Services to coordinate with 26 the Department of Financial Services to establish such 27 online system; requiring the Department of Financial 28 Services to investigate allegations of certain 29

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 2 of 19 CODING: Words stricken are deletions; words underlined are additions. violations under certain circumstances; authorizing 30 the department or specified persons to request certain 31 records; providing for the assessment of fines and 32 penalties under certain circumstances; requiring the 33 department to include and maintain a list of 34 ineligible entities on a certain Internet website; 35 providing that information and records relating to a 36 gift or grant from a foreign source are not 37 confidential or exempt from public records 38 requirements; authorizing rulemaking; creating s. 39 288.860, F.S.; providing

definitions; prohibiting 40 certain agencies and entities from participating in 41 agreements with or accepting grants received from 42 foreign countries of concern under certain 43 circumstances; prohibiting such agencies and entities 44 from accepting anything of value as a condition for 45 participation in certain programs or endeavors that 46 promote the language or culture of foreign countries 47 of concern; creating s. 1010.25, F.S.; providing 48

definitions; requiring institutions of higher 49 education to semiannually report to certain entities 50 regarding certain gifts they received directly or 51 indirectly from a foreign source; requiring such 52 institutions to provide certain information regarding 53 such gifts; requiring random inspections or audits of 54 gifts or gift agreements by certain inspectors 55 general; providing requirements for such inspections 56 or audits; requiring the Board of Governors or State 57 Board of Education, as applicable, to sanction 58

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 3 of 19 CODING: Words stricken are deletions; words underlined are additions. institutions that fail to report certain gifts within 59 a specified timeframe; providing for a civil penalty 60 for willful violations; requiring that the proceeds 61 from such penalty be deposited in a specified trust 62 fund; authorizing the Attorney General or Chief 63 Financial Officer to bring a civil action under 64 certain circumstances; providing for attorney fees and 65 costs; providing that information and records relating 66 to a gift from a foreign source are not confidential 67 or exempt from public records requirements; 68 authorizing the Board of Governors and State Board of 69 Education to adopt regulations and rules, 70 respectively; creating s. 1010.35, F.S.; requiring 71 certain state universities and other entities to 72 screen certain foreign applicants before employing 73 such applicants for research or research-related 74 support positions; requiring such applicants to 75 provide additional specified information as part of 76 the application process; requiring the president or 77 chief administrative officer of the state university 78 or entity to designate a research integrity office to 79 verify certain information contained in such 80 applications, search certain public databases, and 81 submit certain information to specified federal 82 agencies; prohibiting the employment of an applicant 83 who fails to make certain disclosures; providing an 84 exception; requiring certain records to be maintained 85 by the research integrity office; requiring such 86 office to report the identity of any applicant who was 87

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 4 of 19 CODING: Words stricken are deletions; words underlined are additions. rejected for employment to certain law enforcement 88 agencies; requiring certain inspectors general or the 89 Auditor General to perform an operational audit by a 90 specified date; creating s. 1010.36, F.S.; requiring 91 certain state universities and other entities to 92 establish an international travel approval and 93 monitoring program; providing requirements for such 94 program; providing requirements for preapproval and 95 screening for foreign travel and foreign employment-96 related activities engaged in by faculty, researchers, 97 and research department staff; requiring state 98 universities and entities to maintain certain records 99 relating to foreign travel and activities for at least 100 10 years; requiring a state university or entity to 101 provide a certain annual report to the Board of 102 Governors or the governing board of the applicable 103 entity and publish such report on its Internet 104 website; requiring the Auditor General to perform, by 105 a specified date, an audit of the institution to 106 ensure compliance as part of the institution’s next 107 scheduled operational audit; providing an effective 108 date. 109 110 Be It Enacted by the Legislature of the State of Florida: 111 112

Section

Section 286.101, Florida Statutes, is created to 113 read: 114 286.101 Foreign gifts and contracts.— 115

(1) As used in this section, the term: 116

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 5 of 19 CODING: Words stricken are deletions; words underlined are additions. (a) “Contract” means any agreement for the direct benefit 117 or use of any party to such agreement, including an agreement 118 for the sale of commodities or services. 119 (b) “Foreign country of concern” means the People’s 120 Republic of China, the Russian Federation, the Islamic Republic 121 of Iran, the Democratic People’s Republic of Korea, the Republic 122 of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian 123 Arab Republic, including any agency of or any other entity under 124 significant control of such foreign country of concern. 125 (c) “Foreign government” means the government of any 126 country, nation, or group of nations, or any province or other 127 political subdivision of any country or nation, other than the 128 government of the United States or the government of a state or 129 political subdivision, including any agent of such foreign 130 government. 131 (d) “Foreign source” means any of the following: 132 1.

A foreign government or an agency of a foreign 133 government. 134 2. A legal entity, governmental or otherwise, created 135 solely under the laws of a foreign state or states. 136 3. An individual who is not a citizen or a national of the 137 United States or a territory or protectorate of the United 138 States. 139 4.

An agent, including a subsidiary or an affiliate of a 140 foreign legal entity, acting on behalf of a foreign source. 141 (e) “Gift” means any gift of money or property. 142 (f) “Grant” means a transfer of money for a specified 143 purpose, including a conditional gift. 144 (g) “Interest” in an entity means any direct or indirect 145

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 6 of 19 CODING: Words stricken are deletions; words underlined are additions. investment in or loan to the entity valued at 5 percent or more 146 of the entity’s net worth or any form of direct or indirect 147 control exerting similar or greater influence on the governance 148 of the entity. 149 (h) “State agency” means any agency or unit of state 150 government created or established by law. 151

(2) Any state agency or political subdivision that receives 152 any gift or grant with a value of $50,000 or more from any 153 foreign source shall disclose such gift or grant to the 154 Department of Financial Services within 30 days after receiving 155 such gift or grant. Disclosure is not required if such gift or 156 grant is disclosed under s. 1010.25. 157 (3)(

a) Any entity, other than a state agency or political 158 subdivision, that applies to a state agency or political 159 subdivision for a grant or proposes a contract having a value of 160 $100,000 or more, except for a proposal to sell commodities or 161 services through the online procurement program established 162 pursuant to s. 287.057(22), shall disclose to the state agency 163 or political subdivision any current or prior interest of, any 164 contract with, or any grant or gift received from a foreign 165 country of concern if such interest, contract, or grant or gift 166 has a value of $50,000 or more and such interest existed at any 167 time or such contract or grant or gift was received or in force 168 at any time during the previous 5 years.

Within 1 year before 169 applying for any grant or proposing any contract, such entity 170 must provide a copy of such disclosure to the Department of 171 Financial Services. 172 (

b) From the time a disclosure is made under paragraph (a) 173 through the term of any awarded state grant or contract, the 174

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 7 of 19 CODING: Words stricken are deletions; words underlined are additions. entity must revise its disclosure within 30 days after entering 175 into a contract with or receiving a grant or gift from a foreign 176 country of concern or within 30 days after the acquisition of 177 any interest in the entity by a foreign country of concern. 178

(4) At least once every 5 years, the Department of 179 Management Services shall screen each vendor of commodities or 180 services participating in the online procurement system if such 181 vendor has the capacity to fill an order of $100,000 or more. 182 Screening must be conducted through federal agencies responsible 183 for identifying persons and organizations subject to trade 184 sanctions, embargoes, or other restrictions under federal law. 185 If a vendor is identified as being subject to any such 186 sanctions, embargoes, or other restrictions, the vendor must 187 make the disclosures required under subsection (3) until such 188 restriction expires.

A notification regarding the applicability 189 of the disclosure requirement in subsection (3) to the vendor 190 must be included on the online procurement system when 191 applicable. The Department of Management Services must ensure 192 that the disclosures made by vendors using the online 193 procurement system are easily accessible by the system’s 194 participants. 195

(5) The Department of Financial Services must establish and 196 maintain an Internet website to publish the disclosures required 197 under this section. The Department of Financial Services may 198 establish an online system for making such disclosures. The 199 Department of Management Services may coordinate with the 200 Department of Financial Services to establish the online system. 201 (6)(

a) Upon receiving a referral from an inspector general 202 or other compliance officer of a state agency or political 203

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 8 of 19 CODING: Words stricken are deletions; words underlined are additions. subdivision or any sworn complaint based upon substantive 204 information and reasonable belief, the Department of Financial 205 Services must investigate an allegation of a violation of this 206 section. 207 (

b) The Department of Financial Services, an inspector 208 general, or any other agent or compliance officer authorized by 209 a state agency or political subdivision may request records 210 relevant to any reasonable suspicion of a violation of this 211 section. Such entity must provide the required records within 30 212 days after such request or at a later time agreed to by the 213 investigating state agency or political subdivision. 214 (7)(

a) Failure to make a disclosure required under this 215

section or failure to provide records requested under paragraph 216 (6)(

b) constitutes a civil violation punishable upon a final 217 order of the Department of Financial Services by an 218 administrative fine of $5,000 for a first violation or $10,000 219 for any subsequent violation. 220 (

b) In addition to any fine assessed under paragraph (a), a 221 final order determining a third or subsequent violation by a 222 state agency or political subdivision must include a 223 determination of the identity of the officer responsible for 224 acceptance of the undisclosed grant or gift. Such order must 225 also include a referral by the Department of Financial Services 226 to the Governor or other officer authorized to suspend or remove 227 the officer responsible for acceptance of the undisclosed grant 228 or gift from public office.

A copy of such referral must be 229 provided to the President of the Senate and the Speaker of the 230 House of Representatives for oversight of such suspension and 231 removal authority. 232

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 9 of 19 CODING: Words stricken are deletions; words underlined are additions. (

c) In addition to any fine assessed under paragraph (a), a 233 final order determining a third or subsequent violation by an 234 entity other than a state agency or political subdivision shall 235 automatically disqualify the entity from eligibility for any 236 grant or contract funded by a state agency or any political 237 subdivision until such ineligibility is lifted by the 238 Administration Commission for good cause. The Department of 239 Financial Services shall include and maintain an active and 240 current list of such ineligible entities on the Internet website 241 maintained under subsection (5). 242

(8) Notwithstanding any other law to the contrary, 243 information and records relating to a gift or grant from a 244 foreign source are not confidential or exempt from s. 119.07(1) 245 and s. 24(a), Art. I of the State Constitution. 246 (9)(

a) The Department of Management Services may adopt 247 rules necessary to carry out its responsibilities under this 248 section. The rules may identify the federal agencies to be 249 consulted under subsection (4) and the procedure for notifying a 250 vendor of the disclosure requirements under this

section when 251 applicable. The Department of Management Services may also adopt 252 rules providing for the application of this

section to the 253 online procurement system. 254 (

b) The Department of Financial Services may adopt rules 255 necessary to carry out its responsibilities under this section. 256 (

c) Any rules necessary to implement this

section must be 257 published by December 1, 2021, unless the applicable department 258 head certifies in writing that a delay is necessary and the date 259 by which the proposed rules will be published. Such 260 certification must be published in the Florida Administrative 261

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 10 of 19 CODING: Words stricken are deletions; words underlined are additions. Register and a copy provided to the Joint Administrative 262 Procedures Committee. 263

Section

Section 288.860, Florida Statutes, is created to 264 read: 265 288.860 International cultural agreements.— 266

(1) As used in this section, the term: 267 (a) “Foreign country of concern” means the People’s 268 Republic of China, the Russian Federation, the Islamic Republic 269 of Iran, the Democratic People’s Republic of Korea, the Republic 270 of Cuba, the Venezuelan regime of Nicolas Maduro, or the Syrian 271 Arab Republic, including any agency of or any other entity under 272 significant control of such foreign country of concern. 273 (b) “Political subdivision” means any entity under the 274 control of or established for the benefit of a political 275 subdivision. 276 (c) “Public school” means any education institution under 277 the supervision of a school district. 278 (d) “State agency” means any agency or unit of state 279 government created or established by law. 280 (e) “State college” means any postsecondary education 281 institution under the supervision of the State Board of 282 Education, including any entity under the control of or 283 established for the benefit of a state college. 284 (f) “State university” means any state university under the 285 supervision of the Board of Governors, including any entity 286 under the control of or established for the benefit of a state 287 university. 288

(2) A state agency, political subdivision, public school, 289 state college, or state university authorized to expend state-290

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 11 of 19 CODING: Words stricken are deletions; words underlined are additions. appropriated funds or levy ad valorem taxes may not participate 291 in any agreement with or accept any grant from a foreign country 292 of concern, or any entity controlled by a foreign country of 293 concern, which establishes a program or other endeavor to 294 promote the language or culture of a foreign country of concern. 295

(3) A state agency, political subdivision, public school, 296 state college, or state university may not accept anything of 297 value conditioned upon participation in a program or other 298 endeavor to promote the language or culture of a foreign country 299 of concern. 300

Section

Section 1010.25, Florida Statutes, is created to 301 read: 302 1010.25 Foreign gift reporting.— 303

(1) As used in this section, the term: 304 (a) “Affiliate organization” means any entity under the 305 control of or established for the benefit of an organization 306 required to report under this section, including a direct-307 support organization. 308 (b) “Direct-support organization” has the same meaning as 309 provided in ss. 1004.28(1)(a), 1004.70(1)(a), and 1004.71(1)(a). 310 (c) “Foreign government” means the government of any 311 country, nation, or group of nations, or any province or other 312 political subdivision of any country or nation, other than the 313 government of the United States or the government of a state or 314 political subdivision, including any agent of such foreign 315 government. 316 (d) “Foreign source” means any of the following: 317 1.

A foreign government or an agency of a foreign 318 government. 319

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 12 of 19 CODING: Words stricken are deletions; words underlined are additions. 2. A legal entity, governmental or otherwise, created 320 solely under the laws of a foreign state or states. 321 3. An individual who is not a citizen or a national of the 322 United States or a territory or protectorate of the United 323 States. 324 4.

An agent, including a subsidiary or an affiliate of a 325 foreign legal entity, acting on behalf of a foreign source. 326 (e) “Gift” means any contract, gift, grant, endowment, 327 award, or donation of money or property of any kind, or any 328 combination thereof, including a conditional or an unconditional 329 pledge of such contract, gift, grant, endowment, award, or 330 donation.

For purposes of this paragraph, the term “pledge” 331 means a promise, an agreement, or an expressed intention to give 332 a gift. 333 (f) “Institution of higher education” means a state 334 university; an entity listed in subpart B of

part II of

chapter 335 1004 that has its own governing board; a Florida College System 336 institution; an independent nonprofit college or university that 337 is located in and chartered by the state and grants 338 baccalaureate or higher degrees; any other institution that has 339 a physical presence in the state and is required to report 340 foreign gifts or contracts pursuant to 20 U.S.C. s. 1011f; or an 341 affiliate organization of an institution of higher education. 342

(2) Each institution of higher education must semiannually 343 report, each January 31 and July 31, any gift received directly 344 or indirectly from a foreign source with a value of $50,000 or 345 more during the fiscal year. If a foreign source provides more 346 than one gift directly or indirectly to an institution of higher 347 education in a single fiscal year and the total value of those 348

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 13 of 19 CODING: Words stricken are deletions; words underlined are additions. gifts is $50,000 or more, all gifts received from that foreign 349 source must be reported. For purposes of this subsection, a gift 350 received from a foreign source through an intermediary shall be 351 considered an indirect gift to the institution of higher 352 education. A report required under this subsection must be made 353 to the following entities: 354 (

a) The Board of Governors, if the recipient is a state 355 university, an entity listed in subpart B of

part II of

chapter 356 1004 that has its own governing board, or an affiliate 357 organization. 358 (

b) The State Board of Education, if the recipient is any 359 other institution of higher education or an affiliate 360 organization. 361

(3) For each gift subject to the reporting requirement in 362 subsection (2), the institution of higher education must provide 363 the applicable entity all of the following information, unless 364 otherwise prohibited or deemed confidential under federal or 365 state law: 366 (

a) The amount of the gift and the date it was received. 367 (

b) The contract start and end date if the gift is a 368 contract. 369 (

c) The name of the foreign source and, if not a foreign 370 government, the country of citizenship, if known, and the 371 principal residence or domicile of the foreign source. 372 (d)1. A copy of a gift agreement between the foreign source 373 and the institution of higher education, signed by the foreign 374 source and the chief administrative officer of the institution 375 of higher education, or their respective designees, which must 376 include a detailed description of the purpose for which the gift 377

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 14 of 19 CODING: Words stricken are deletions; words underlined are additions. will be used by the institution of higher education, the 378 identification of the persons for whom the gift is explicitly 379 intended to benefit, and any applicable conditions, 380 requirements, restrictions, or terms made a part of the gift 381 regarding the control of curricula, faculty, student admissions, 382 student fees, or contingencies placed upon the institution of 383 higher education to take a specific public position or to award 384 an honorary degree. 385 2.

Beginning July 1, 2022, the Inspector General of the 386 Board of Governors or the Inspector General of the Department of 387 Education, as applicable, shall, within existing resources, 388 randomly inspect or audit at least 10 percent of the total 389 number of gifts or gift agreements received from institutions of 390 higher education pursuant to this paragraph during the previous 391 year.

The inspection or audit shall examine the extent to which 392 the institution of higher education exercised due diligence with 393 respect to whether the gift was received from a foreign source, 394 as well as the institution of higher education’s compliance with 395 the requirements of this section. 396 3. Upon the request of the Governor, the President of the 397 Senate, or the Speaker of the House of Representatives, the 398 Inspector General of the Board of Governors or the Inspector 399 General of the Department of Education, as applicable, must 400 inspect or audit a gift or gift agreement. 401

(4) The Board of Governors or the State Board of Education, 402 as applicable, shall exercise the authority provided pursuant to 403 s. 1008.322 or s. 1008.32, respectively, to sanction an 404 institution of higher education that fails to report a 405 reportable gift within 60 days after the reporting deadlines 406

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 15 of 19 CODING: Words stricken are deletions; words underlined are additions. established in subsection (2). 407 (5)(

a) An institution of higher education that knowingly, 408 willfully, or negligently fails to disclose the information 409 required by this

section shall be subject to a civil penalty of 410 105 percent of the amount of the undisclosed gift, payable only 411 from nonstate funds of the institution of higher education or 412 the affiliate organization that received such gift. The 413 recovered funds must be deposited into the General Revenue Fund. 414 The Board of Governors and the State Board of Education, as 415 applicable, may administratively enforce this

section and impose 416 the civil penalty as an administrative penalty. 417 (

b) In the absence of enforcement by the Board of Governors 418 or the State Board of Education, as applicable, the Attorney 419 General or Chief Financial Officer may bring a civil action to 420 enforce this section. If such action is successful, the Attorney 421 General or Chief Financial Officer, as applicable, is entitled 422 to reasonable attorney fees and costs. 423

(6) Notwithstanding any other law to the contrary, 424 information and records relating to a gift from a foreign source 425 are not confidential or exempt from s. 119.07(1) and s. 24(a), 426 Art. I of the State Constitution. 427

(7) The Board of Governors may adopt regulations, and the 428 State Board of Education may adopt rules, to implement this 429 section. 430

Section

Section 1010.35, Florida Statutes, is created to 431 read: 432 1010.35 Screening foreign researchers.— 433

(1) Beginning July 1, 2021, each state university or entity 434 listed in subpart B of

part II of

chapter 1004 that receives 435

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 16 of 19 CODING: Words stricken are deletions; words underlined are additions. state appropriations or state tax revenue and has a research 436 budget of $10 million or more must screen applicants for 437 research or research-related support positions who are citizens 438 of a foreign country and who are not permanent residents of the 439 United States, including graduate and undergraduate students. 440

(2) In addition to satisfying all employment and enrollment 441 qualifications imposed by federal law, the Board of Governors or 442 the governing board of the applicable entity must require a 443 foreign applicant as described in subsection (1) to submit a 444 complete copy of his or her most recently submitted Nonimmigrant 445 Visa Application, DS-160; a complete resume and curriculum 446 vitae, including every institution of higher education attended; 447 all previous employment since the applicant’s 18th birthday; and 448 a list of all published material for which the applicant 449 received credit as an author, a researcher, or otherwise or to 450 which the applicant contributed significant research, writing, 451 or editorial support.

For applicants who have been continually 452 employed or enrolled in a postsecondary education institution in 453 the United States for 20 years or more, the resume may, but need 454 not, include employment history before the most recent 20 years. 455

(3) The president or chief administrative officer of the 456 state university or applicable entity shall designate a research 457 integrity office to verify all attendance, employment, 458 publications, and contributions listed in the application 459 required in subsection (2). The research integrity office must 460 search public databases for research publications and 461 presentations and public conflict of interest records to 462 identify any research publication or presentation that may have 463 been omitted from the application. The research integrity office 464

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 17 of 19 CODING: Words stricken are deletions; words underlined are additions. must submit the applicant’s name and other identifying 465 information to the Federal Bureau of Investigation or any 466 federal agency willing to scrutinize such applicant for national 467 security or counterespionage purposes and search any public 468 listings of persons subject to sanctions or restrictions under 469 federal law. 470

(4) The requirements of this

section must be completed 471 before employing an applicant described in subsection (1) in any 472 research or research-related support position and before 473 granting such applicant any access to research data or 474 activities or other sensitive data.

An applicant may not be 475 employed in any research or research-related support position if 476 he or she fails to disclose a substantial educational, 477 employment, or research-related activity or publication or 478 presentation at the time of submitting the application required 479 in subsection (2), unless the department head, or his or 480 designee, certifies in writing the substance of the 481 nondisclosure and the reasons for disregarding such failure to 482 disclose.

A copy of such certification must be kept in the 483 investigative file of the research integrity office and must be 484 submitted to the nearest Federal Bureau of Investigation field 485 office. 486

(5) The research integrity office must report to the 487 nearest Federal Bureau of Investigation field office, and to any 488 law enforcement agency designated by the Governor or the Board 489 of Governors and the governing board of the applicable entity 490 described in subsection (1), the identity of any applicant who 491 was rejected for employment based on the scrutiny required by 492 this

section or other security-related screening. 493

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 18 of 19 CODING: Words stricken are deletions; words underlined are additions.

(6) By July 1, 2025, the Inspector General of the Board of 494 Governors, the inspector general of an entity described in 495 subsection (1), or the Auditor General must perform an 496 operational audit regarding the implementation of this section. 497

Section

Section 1010.36, Florida Statutes, is created to 498 read: 499 1010.36 Foreign travel; research institutions.— 500

(1) By January 1, 2022, each state university or entity 501 listed in subpart B of

part II of

chapter 1004 that receives 502 state appropriations or state tax revenue and has a research 503 budget of $10 million or more must establish an international 504 travel approval and monitoring program. The program must require 505 preapproval and screening by a research integrity office 506 designated by the president or chief administrative officer of 507 the state university or entity for any foreign travel and 508 foreign employment-related activities engaged in by all faculty, 509 researchers, and research department staff. Such requirement is 510 in addition to any other travel approval process applicable to 511 the state university or entity. 512 (2)(

a) Preapproval by the research integrity office must be 513 based on the applicant’s review and acknowledgement of guidance 514 published by the employing state university or entity which 515 relates to countries under sanctions or other restrictions of 516 the state or the United States government, including any federal 517 license requirement; customs rules; export controls; 518 restrictions on taking state university or entity property, 519 including intellectual property, abroad; restrictions on 520 presentations, teaching, and interactions with foreign 521 colleagues; and other subjects important to the research and 522

Florida Senate - 2021 SB 2010 36-01358-21 20212010__ Page 19 of 19 CODING: Words stricken are deletions; words underlined are additions. academic integrity of the state university or entity. 523 (

b) Preapproval must be based on the binding commitment of 524 the individual traveler not to violate the state university’s or 525 entity’s limitations on travel and activities abroad and to obey 526 all applicable federal laws. 527

(3) The state university or entity must maintain records of 528 all applications for foreign travel and activities; expenses 529 incurred during such travel and activities, including for 530 travel, food, and lodging; and payments and honoraria received 531 during such travel and activities, including for travel, food, 532 and lodging. The state university or entity must also keep 533 records of all teaching, presentations, and other activities 534 related to the individual traveler’s professional, research, and 535 academic activities undertaken during foreign travel.

Such 536 records must be retained for at least 10 years or any longer 537 period of time required by any other applicable state or federal 538 law. 539

(4) The state university or entity must provide an annual 540 report of foreign travel and activities listing individual 541 travelers, foreign locations visited, and foreign institutions 542 visited for presentations, teaching, or research to the Board of 543 Governors or the governing board of the applicable entity and 544 publish such report on its Internet website. 545

(5) Unless an operational audit has been previously 546 submitted by the institution’s inspector general or internal 547 auditor, by January 1, 2022, the Auditor General must perform an 548 audit of the institution to ensure compliance with this

section 549 as part of the institution’s next scheduled operational audit. 550

Section 6. This act shall take effect July 1, 2021. 551

Document details

Collection	Florida Bills
Citation	SB 2010
Type	bill
Language	en
Format	pdf
Source	FL_SENATE
Identifier	978f6d240f387cba8da73ddeb981e005d64297f4

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