Florida Senate - 2021 CS for SB 2010
By the Committee on Education; and Senator Diaz
581-03563A-21 20212010c1
1 A bill to be entitled
2 An act relating to foreign influence; creating s.
3 286.101, F.S.; providing definitions; requiring any
4 state agency or political subdivision to disclose
5 certain gifts or grants received from any foreign
6 source to the Department of Financial Services within
7 a specified timeframe; providing an exception;
8 requiring any entity that applies for a certain grant
9 or proposes a certain contract to disclose to a state
10 agency or political subdivision any current or prior
11 interest of, contract with, or grant or gift received
12 from a foreign country of concern under certain
13 circumstances; specifying information to be included
14 in the disclosure; requiring such entity to provide a
15 copy of such disclosure to the department within a
16 specified timeframe before applying for any grant or
17 proposing any contract; requiring such entity to
18 revise its disclosure within a specified timeframe
19 under certain circumstances; providing exceptions to
20 disclosure requirements; requiring the Department of
21 Management Services to screen certain vendors
22 periodically; requiring certain notification on the
23 online procurement system; requiring the Department of
24 Financial Services to establish and maintain an
25 Internet website to publish the disclosures;
26 authorizing the department to establish an online
27 system for making such disclosures; authorizing the
28 Department of Management Services to coordinate with
29 the Department of Financial Services to establish such
30 online system; requiring the Department of Financial
31 Services to investigate allegations of certain
32 violations under certain circumstances; authorizing
33 the department or specified persons to request certain
34 records; providing for the assessment of fines and
35 penalties under certain circumstances; requiring the
36 department to include and maintain a list of
37 ineligible entities on a certain Internet website;
38 providing that certain information and records
39 relating to a gift or grant from a foreign source are
40 not confidential or exempt from public records
41 requirements; providing exceptions; authorizing
42 rulemaking; creating s. 288.860, F.S.; providing
43 definitions; prohibiting certain agencies and entities
44 from participating in agreements with or accepting
45 grants received from foreign countries of concern
46 under certain circumstances; prohibiting such agencies
47 and entities from accepting anything of value as a
48 condition for participation in certain programs or
49 endeavors that promote the language or culture of
50 foreign countries of concern; creating s. 1010.25,
51 F.S.; providing definitions; requiring institutions of
52 higher education to semiannually report to certain
53 entities regarding certain gifts they received
54 directly or indirectly from a foreign source;
55 authorizing the report to be consolidated with
56 affiliate organizations; requiring such institutions
57 to provide certain information regarding such gifts;
58 requiring random inspections or audits of gifts or
59 gift agreements by certain inspectors general;
60 providing requirements for such inspections or audits;
61 requiring the Board of Governors or State Board of
62 Education, as applicable, to sanction institutions
63 that fail to report certain gifts within a specified
64 timeframe; providing for a civil penalty for willful
65 violations; requiring that the proceeds from such
66 penalty be deposited in a specified fund; providing a
67 lesser civil penalty under specified conditions;
68 authorizing the Attorney General or Chief Financial
69 Officer to bring a civil action under certain
70 circumstances; providing for attorney fees and costs;
71 providing that certain information and records
72 relating to a gift from a foreign source are not
73 confidential or exempt from public records
74 requirements; providing exceptions; authorizing the
75 Board of Governors and State Board of Education to
76 adopt regulations and rules, respectively; creating s.
77 1010.35, F.S.; requiring certain state universities
78 and other entities to screen certain foreign
79 applicants seeking employment in specified research
80 positions; requiring such applicants to provide
81 additional specified information as part of the
82 application process; requiring screening to be
83 completed before an interview or offer of employment;
84 requiring the president or chief administrative
85 officer of the state university or entity to designate
86 a research integrity office to verify certain
87 information contained in such applications, search
88 certain public databases, and submit certain
89 information to specified federal agencies; specifying
90 the conditions under which a university may approve a
91 hire based on a risk-based determination; prohibiting
92 the employment of an applicant who fails to make
93 certain disclosures; providing an exception; requiring
94 certain records to be maintained by the research
95 integrity office; requiring such office to report the
96 identity of any applicant who was rejected for
97 employment to certain law enforcement agencies;
98 requiring certain inspectors general or the Auditor
99 General to perform an operational audit by a specified
100 date; creating s. 1010.36, F.S.; requiring certain
101 state universities and other entities to establish an
102 international travel approval and monitoring program;
103 providing requirements for such program; providing
104 requirements for preapproval and screening for foreign
105 travel and foreign employment-related activities
106 engaged in by faculty, researchers, and research
107 department staff; requiring state universities and
108 entities to maintain certain records relating to
109 foreign travel and activities for at least 3 years;
110 requiring a state university or entity to provide a
111 certain annual report to the Board of Governors or the
112 governing board of the applicable entity; requiring a
113 specified entity to conduct an operational audit of
114 institutions by a specified date; providing an
115 effective date.
116
117 Be It Enacted by the Legislature of the State of Florida:
118
119 Section 1. Section 286.101, Florida Statutes, is created to
120 read:
121 286.101 Foreign gifts and contracts.—
122 (1) As used in this section, the term:
123 (a) “Contract” means any agreement for the direct benefit
124 or use of any party to such agreement, including an agreement
125 for the sale of commodities or services.
126 (b) “Foreign country of concern” means the People’s
127 Republic of China, the Russian Federation, the Islamic Republic
128 of Iran, the Democratic People’s Republic of Korea, the Republic
129 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
130 Arab Republic, including any agency of or any other entity under
131 significant control of such foreign country of concern.
132 (c) “Foreign government” means the government of any
133 country, nation, or group of nations, or any province or other
134 political subdivision of any country or nation, other than the
135 government of the United States or the government of a state or
136 political subdivision, including any agent of such foreign
137 government.
138 (d) “Foreign source” means any of the following:
139 1. A foreign government or an agency of a foreign
140 government.
141 2. A legal entity, governmental or otherwise, created
142 solely under the laws of a foreign state or states.
143 3. An individual who is not a citizen or a national of the
144 United States or a territory or protectorate of the United
145 States.
146 4. An agent, including a subsidiary or an affiliate of a
147 foreign legal entity, acting on behalf of a foreign source.
148 (e) “Gift” means any transfer of money or property from one
149 entity to another without compensation.
150 (f) “Grant” means a transfer of money for a specified
151 purpose, including a conditional gift.
152 (g) “Interest” in an entity means any direct or indirect
153 investment in or loan to the entity valued at 5 percent or more
154 of the entity’s net worth or any form of direct or indirect
155 control exerting similar or greater influence on the governance
156 of the entity.
157 (h) “State agency” means any agency or unit of state
158 government created or established by law.
159 (2) Any state agency or political subdivision that receives
160 directly or indirectly any gift or grant with a value of $50,000
161 or more from any foreign source shall disclose such gift or
162 grant to the Department of Financial Services within 30 days
163 after receiving such gift or grant. Such disclosure shall
164 include the date of the gift or grant, the amount of the gift or
165 grant and the name and country of residence or domicile of the
166 foreign source. Disclosure is not required if such gift or grant
167 is disclosed under s. 1010.25.
168 (3)(a) Any entity that applies to a state agency or
169 political subdivision for a grant or proposes a contract having
170 a value of $100,000 or more shall disclose to the state agency
171 or political subdivision any current or prior interest of, any
172 contract with, or any grant or gift received from a foreign
173 country of concern if such interest, contract, or grant or gift
174 has a value of $50,000 or more and such interest existed at any
175 time or such contract or grant or gift was received or in force
176 at any time during the previous 5 years. Such disclosure shall
177 include the name and mailing address of the disclosing entity,
178 the amount of the contract, grant or gift or the value of the
179 interest disclosed, the applicable foreign country of concern
180 and, if applicable, the date of termination of the contract or
181 interest, the date of receipt of the grant or gift, and the name
182 of the agent or controlled entity that is the source or interest
183 holder. Within 1 year before applying for any grant or proposing
184 any contract, such entity must provide a copy of such disclosure
185 to the Department of Financial Services.
186 (b) Disclosure under this subsection is not required with
187 respect to:
188 1. A proposal to sell commodities through the online
189 procurement program established pursuant to s. 287.057(22);
190 2. An application or proposal from an entity that discloses
191 foreign gifts or grants under subsection (2) or s. 1010.25;
192 3. An application or proposal from a foreign source that,
193 if granted or accepted, would be disclosed under subsection (2)
194 or s. 1010.25; or
195 4. An application or proposal from a public or not-for
196 profit research institution with respect to research funded by
197 any federal agency.
198 (c) A disclosure published online pursuant to subsection
199 (5) is deemed disclosed to every state agency and political
200 subdivision for purposes of paragraph (a). From the time a
201 disclosure is made under paragraph (a) through the term of any
202 awarded state grant or contract, the entity must revise its
203 disclosure within 30 days after entering into a contract with or
204 receiving a grant or gift from a foreign country of concern or
205 within 30 days after the acquisition of any interest in the
206 entity by a foreign country of concern.
207 (4) At least once every 5 years, the Department of
208 Management Services shall screen each vendor of commodities
209 participating in the online procurement system if such vendor
210 has the capacity to fill an order of $100,000 or more. Screening
211 must be conducted through federal agencies responsible for
212 identifying persons and organizations subject to trade
213 sanctions, embargoes, or other restrictions under federal law.
214 If a vendor is identified as being subject to any such
215 sanctions, embargoes, or other restrictions, the vendor must
216 make the disclosures required under subsection (3) until such
217 restriction expires. A notification regarding the applicability
218 of the disclosure requirement in subsection (3) to the vendor
219 must be included on the online procurement system when
220 applicable. The Department of Management Services must ensure
221 that purchasers through the online procurement system may easily
222 access all disclosures made by vendors participating in the
223 system.
224 (5) The Department of Financial Services must establish and
225 maintain an Internet website to publish the disclosures required
226 under this section. The Department of Financial Services may
227 establish an online system for making such disclosures. The
228 Department of Management Services may coordinate with the
229 Department of Financial Services to establish the online system.
230 (6)(a) Upon receiving a referral from an inspector general
231 or other compliance officer of a state agency or political
232 subdivision or any sworn complaint based upon substantive
233 information and reasonable belief, the Department of Financial
234 Services must investigate an allegation of a violation of this
235 section.
236 (b) The Department of Financial Services, an inspector
237 general, or any other agent or compliance officer authorized by
238 a state agency or political subdivision may request records
239 relevant to any reasonable suspicion of a violation of this
240 section. An entity must provide the required records within 30
241 days after such request or at a later time agreed to by the
242 investigating state agency or political subdivision.
243 (7)(a) Failure to make a disclosure required under this
244 section or failure to provide records requested under paragraph
245 (6)(b) constitutes a civil violation punishable upon a final
246 order of the Department of Financial Services by an
247 administrative fine of $5,000 for a first violation or $10,000
248 for any subsequent violation.
249 (b) In addition to any fine assessed under paragraph (a), a
250 final order determining a third or subsequent violation by a
251 state agency or political subdivision must include a
252 determination of the identity of the officer responsible for
253 acceptance of the undisclosed grant or gift. Such order must
254 also include a referral by the Department of Financial Services
255 to the Governor or other officer authorized to suspend or remove
256 the officer responsible for acceptance of the undisclosed grant
257 or gift from public office. A copy of such referral must be
258 provided to the President of the Senate and the Speaker of the
259 House of Representatives for oversight of such suspension and
260 removal authority.
261 (c) In addition to any fine assessed under paragraph (a), a
262 final order determining a third or subsequent violation by an
263 entity other than a state agency or political subdivision shall
264 automatically disqualify the entity from eligibility for any
265 grant or contract funded by a state agency or any political
266 subdivision until such ineligibility is lifted by the
267 Administration Commission for good cause. The Department of
268 Financial Services shall include and maintain an active and
269 current list of such ineligible entities on the Internet website
270 maintained under subsection (5).
271 (8) Except as provided in s. 1004.22(2), or information
272 protected by any statute that is a trade secret as defined in s.
273 812.081(1)(c) or s. 688.002(4), information and records relating
274 to a gift or grant from a foreign source are not confidential or
275 exempt from s. 119.07(1) and s. 24(a), Art. I of the State
276 Constitution.
277 (9)(a) The Department of Management Services may adopt
278 rules necessary to carry out its responsibilities under this
279 section. The rules may identify the federal agencies to be
280 consulted under subsection (4) and the procedure for notifying a
281 vendor of the disclosure requirements under this section when
282 applicable. The Department of Management Services may also adopt
283 rules providing for the application of this section to the
284 online procurement system.
285 (b) The Department of Financial Services may adopt rules
286 necessary to carry out its responsibilities under this section.
287 (c) Any rules necessary to implement this section must be
288 published by December 31, 2021, unless the applicable department
289 head certifies in writing that a delay is necessary and the date
290 by which the proposed rules will be published. Such
291 certification must be published in the Florida Administrative
292 Register and a copy provided to the Joint Administrative
293 Procedures Committee.
294 Section 2. Section 288.860, Florida Statutes, is created to
295 read:
296 288.860 International cultural agreements.—
297 (1) As used in this section, the term:
298 (a) “Foreign country of concern” means the People’s
299 Republic of China, the Russian Federation, the Islamic Republic
300 of Iran, the Democratic People’s Republic of Korea, the Republic
301 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
302 Arab Republic, including any agency of or any other entity under
303 significant control of such foreign country of concern.
304 (b) “Political subdivision” includes any entity under the
305 control of or established for the benefit of a political
306 subdivision.
307 (c) “Public school” means any education institution under
308 the supervision of a school district and any entity under the
309 control of or established for the benefit of a public school or
310 school district.
311 (d) “State agency” means any agency or unit of state
312 government created or established by law and any entity under
313 the control of or established for the benefit of a state agency.
314 (e) “State college” means any postsecondary education
315 institution under the supervision of the State Board of
316 Education, including any entity under the control of or
317 established for the benefit of a state college.
318 (f) “State university” means any state university under the
319 supervision of the Board of Governors, including any entity
320 under the control of or established for the benefit of a state
321 university.
322 (2) A state agency, political subdivision, public school,
323 state college, or state university authorized to expend state
324 appropriated funds or levy ad valorem taxes may not participate
325 in any agreement with or accept any grant from a foreign country
326 of concern, or any entity controlled by a foreign country of
327 concern, which establishes a program or other endeavor to
328 promote the language or culture of a foreign country of concern.
329 (3) A state agency, political subdivision, public school,
330 state college, or state university may not accept anything of
331 value conditioned upon participation in a program or other
332 endeavor to promote the language or culture of a foreign country
333 of concern.
334 Section 3. Section 1010.25, Florida Statutes, is created to
335 read:
336 1010.25 Foreign gift reporting.—
337 (1) As used in this section, the term:
338 (a) “Affiliate organization” means any entity under the
339 control of or established for the benefit of an organization
340 required to report under this section, including a direct
341 support organization.
342 (b) “Contract” means any agreement for the acquisition by
343 purchase, lease, or barter of property or services by the
344 foreign source, for the direct benefit or use of either of the
345 parties, and any purchase, lease or barter of property or
346 services from a foreign country of concern as defined in s.
347 286.101(1)(b).
348 (c) “Direct-support organization” has the same meaning as
349 provided in ss. 1004.28(1)(a), 1004.70(1)(a), and 1004.71(1)(a).
350 (d) “Foreign government” means the government of any
351 country, nation, or group of nations, or any province or other
352 political subdivision of any country or nation, other than the
353 government of the United States or the government of a state or
354 political subdivision, including any agent of such foreign
355 government.
356 (e) “Foreign source” means any of the following:
357 1. A foreign government or an agency of a foreign
358 government.
359 2. A legal entity, governmental or otherwise, created
360 solely under the laws of a foreign state or states.
361 3. An individual who is not a citizen or a national of the
362 United States or a territory or protectorate of the United
363 States.
364 4. An agent, including a subsidiary or an affiliate of a
365 foreign legal entity, acting on behalf of a foreign source.
366 (f) “Gift” means any contract, gift, grant, endowment,
367 award, or donation of money or property of any kind, or any
368 combination thereof, including a conditional or an unconditional
369 pledge of such contract, gift, grant, endowment, award, or
370 donation. For purposes of this paragraph, the term “pledge”
371 means a promise, an agreement, or an expressed intention to give
372 a gift.
373 (g) “Institution of higher education” means a state
374 university, an entity listed in subpart B of part II of chapter
375 1004 that has its own governing board, a Florida College System
376 institution, an independent nonprofit college or university that
377 is located in and chartered by the state and grants
378 baccalaureate or higher degrees, any other institution that has
379 a physical presence in the state and is required to report
380 foreign gifts or contracts pursuant to 20 U.S.C. s. 1011f, or an
381 affiliate organization of an institution of higher education.
382 (2) Each institution of higher education must semiannually
383 report, each January 31 and July 31, any gift received directly
384 or indirectly from a foreign source with a value of $50,000 or
385 more during the fiscal year. If a foreign source provides more
386 than one gift directly or indirectly to an institution of higher
387 education in a single fiscal year and the total value of those
388 gifts is $50,000 or more, all gifts received from that foreign
389 source must be reported. For purposes of this subsection, a gift
390 received from a foreign source through an intermediary shall be
391 considered an indirect gift to the institution of higher
392 education. An institution of higher education may consolidate
393 its report with that of all its affiliate organizations. A
394 report required under this subsection must be made to the
395 following entities:
396 (a) The Board of Governors, if the recipient is a state
397 university, an entity listed in subpart B of part II of chapter
398 1004 that has its own governing board, or an affiliate
399 organization of such university or entity.
400 (b) Unless already reported to the Board of Governors
401 pursuant to paragraph (a), the State Board of Education, if the
402 recipient is any other institution of higher education or an
403 affiliate organization of such institution.
404 (3) For each gift subject to the reporting requirement in
405 subsection (2), the report of the institution of higher
406 education must provide all of the following information, unless
407 otherwise prohibited or deemed confidential under federal law
408 having no exemption applicable to such reporting:
409 (a) The amount of the gift and the date it was received.
410 (b) The contract start and end date if the gift is a
411 contract.
412 (c) The name of the foreign source and, if not a foreign
413 government, the country of citizenship, if known, and the
414 country of principal residence or domicile of the foreign
415 source.
416 (d)1. A copy of a gift agreement between the foreign source
417 and the institution of higher education, signed by the foreign
418 source and the chief administrative officer of the institution
419 of higher education, or their respective designees, which must
420 include a detailed description of the purpose for which the gift
421 will be used by the institution of higher education, the
422 identification of the persons for whom the gift is explicitly
423 intended to benefit, and any applicable conditions,
424 requirements, restrictions, or terms made a part of the gift
425 regarding the control of curricula, faculty, student admissions,
426 student fees, or contingencies placed upon the institution of
427 higher education to take a specific public position or to award
428 an honorary degree. With respect to an agreement containing
429 information protected from disclosure under s. 1004.22(2), an
430 abstract and redacted copy providing all required information
431 that is not so protected may be submitted in lieu of a copy of
432 the agreement.
433 2. Beginning July 1, 2022, the Inspector General of the
434 Board of Governors or the Inspector General of the Department of
435 Education, as applicable, shall, within existing resources,
436 randomly inspect or audit at least 10 percent of the total
437 number of gifts or gift agreements received from institutions of
438 higher education pursuant to this paragraph during the previous
439 year. The inspection or audit shall examine the extent to which
440 the institution of higher education exercised due diligence with
441 respect to whether the gift was received from a foreign source,
442 as well as the institution of higher education’s compliance with
443 the requirements of this section.
444 3. Upon the request of the Governor, the President of the
445 Senate, or the Speaker of the House of Representatives, the
446 Inspector General of the Board of Governors or the Inspector
447 General of the Department of Education, as applicable, must
448 inspect or audit a gift or gift agreement.
449 (4) The State Board of Education or the Board of Governors,
450 as applicable, shall exercise the authority provided pursuant to
451 s. 1008.32 or s. 1008.322, respectively, to sanction an
452 institution of higher education that fails to report a
453 reportable gift within 60 days after the reporting deadlines
454 established in subsection (2).
455 (5)(a) An institution of higher education that knowingly,
456 willfully, or negligently fails to disclose the information
457 required by this section shall be subject to a civil penalty of
458 105 percent of the amount of the undisclosed gift, payable only
459 from nonstate funds of the institution of higher education or
460 the affiliate organization that received such gift. The
461 recovered funds must be deposited into the General Revenue Fund.
462 The Board of Governors and the State Board of Education, as
463 applicable, may administratively enforce this section and impose
464 the civil penalty as an administrative penalty. A lesser
465 penalty, but at least 5 percent of the amount of the undisclosed
466 gift may be imposed if a negligent failure is not a result of
467 negligent management or is de minimis.
468 (b) In the absence of enforcement by the Board of Governors
469 or the State Board of Education, as applicable, the Attorney
470 General or Chief Financial Officer may bring a civil action to
471 enforce this section. If such action is successful, the Attorney
472 General or Chief Financial Officer, as applicable, is entitled
473 to reasonable attorney fees and costs.
474 (6) Except as provided in s. 1004.22(2), or information
475 protected by any statute that is a trade secret as defined in s.
476 812.081(1)(c) or s. 688.002(4), information and records relating
477 to a gift from a foreign source are not confidential or exempt
478 from s. 119.07(1) and s. 24(a), Art. I of the State
479 Constitution.
480 (7) The Board of Governors may adopt regulations, and the
481 State Board of Education may adopt rules, to implement this
482 section.
483 Section 4. Section 1010.35, Florida Statutes, is created to
484 read:
485 1010.35 Screening foreign researchers.—
486 (1) Each state university or entity listed in subpart A or
487 subpart B of part II of chapter 1004 that receives state
488 appropriations or state tax revenue and has a research budget of
489 $10 million or more must screen applicants seeking employment in
490 research or research-related support positions, graduate and
491 undergraduate students applying for research or research support
492 positions, and applicants for positions of visiting researcher,
493 who are citizens of a foreign country and who are not permanent
494 residents of the United States, or who are citizens or permanent
495 residents of the United States who have any affiliation with an
496 institution or program, or at least 1 year of prior employment
497 or training, excepting employment or training by an agency of
498 the United States government, in a foreign country of concern as
499 defined in s. 286.101. Such screening is required prior to
500 interviewing such applicant or offering to such applicant a
501 position of employment or of visiting researcher. At the
502 discretion of the university or entity, other applicants for
503 such positions may be screened.
504 (2) In addition to satisfying all employment and enrollment
505 qualifications imposed by federal law, the Board of Governors or
506 the governing board of the applicable entity must require the
507 following of applicants included in subsection (1):
508 (a) A foreign applicant must submit a complete copy of the
509 applicant’s passport and most recently submitted Online
510 Nonimmigrant Visa Application, DS-160. After extraction of all
511 information relevant to the requirements of this section a
512 university or entity may destroy or return the copy of the DS
513 160 submitted by an applicant.
514 (b) All applicants described in subsection (1) must submit
515 a complete resume and curriculum vitae, including every
516 institution of higher education attended; all previous
517 employment since the applicant’s 18th birthday; a list of all
518 published material for which the applicant received credit as an
519 author, a researcher, or otherwise or to which the applicant
520 contributed significant research, writing, or editorial support;
521 a list of the applicant’s current and pending research funding
522 from any source, including funder, amount, applicant’s role on
523 the project, and brief description of the research; and a full
524 disclosure of non-university professional activities including
525 any affiliation with an institution or program in a foreign
526 country of concern. For applicants who have been continually
527 employed or enrolled in a postsecondary education institution in
528 the United States for 20 years or more, the resume may, but need
529 not, include employment history before the most recent 20 years.
530 (3) The president or chief administrative officer of the
531 state university or applicable entity shall designate a research
532 integrity office to review all materials required in subsection
533 (2) and take reasonable steps to verify all attendance,
534 employment, publications, and contributions listed in the
535 application required in subsection (2) prior to any interview of
536 or offer of a position to the applicant. Reasonable steps
537 include searching public databases for research publications and
538 presentations and public conflict of interest records to
539 identify any research publication or presentation that may have
540 been omitted from the application, contacting all employers of
541 the most recent 10 years to verify employment, contacting all
542 institutions of higher education attended to verify enrollment
543 and educational progress, searching public listings of persons
544 subject to sanctions or restrictions under federal law, and
545 submitting the applicant’s name and other identifying
546 information to the Federal Bureau of Investigation or any
547 federal agency reasonably willing to scrutinize such applicant
548 for national security or counterespionage purposes, and any
549 other steps deemed appropriate to the office. The university or
550 applicable entity may also direct the office to approve
551 applicants for hire based on a risk-based determination
552 considering the nature of the research and the background and
553 ongoing affiliations of the applicant.
554 (4) The requirements of this section must be completed
555 before interviewing or offering any position to an individual
556 described in subsection (1) in any research or research-related
557 support position and before granting such individual any access
558 to research data or activities or other sensitive data. An
559 applicant who must be screened under this section may not be
560 employed in any research or research-related support position if
561 he or she fails to disclose a substantial educational,
562 employment, or research-related activity or publication or
563 presentation at the time of submitting the application required
564 in subsection (2), unless the department head, or a designee,
565 certifies in writing the substance of the nondisclosure and the
566 reasons for disregarding such failure to disclose. A copy of
567 such certification must be kept in the investigative file of the
568 research integrity office and must be submitted to the nearest
569 Federal Bureau of Investigation field office.
570 (5) The research integrity office must report to the
571 nearest Federal Bureau of Investigation field office, and to any
572 law enforcement agency designated by the Governor or the Board
573 of Governors and the governing board of the applicable entity
574 described in subsection (1), the identity of any applicant who
575 was rejected for employment based on the scrutiny required by
576 this section or other risk-based screening.
577 (6) By July 1, 2025, the Inspector General of the Board of
578 Governors, the inspector general of an entity described in
579 subsection (1), or the Auditor General must perform an
580 operational audit regarding the implementation of this section.
581 Section 5. Section 1010.36, Florida Statutes, is created to
582 read:
583 1010.36 Foreign travel; research institutions.—
584 (1) By January 1, 2022, each state university or entity
585 listed in subpart A or subpart B of part II of chapter 1004 that
586 receives state appropriations or state tax revenue and has a
587 research budget of $10 million or more must establish an
588 international travel approval and monitoring program. The
589 program must require preapproval and screening by a research
590 integrity office designated by the president or chief
591 administrative officer of the state university or entity for any
592 foreign travel and foreign employment-related activities engaged
593 in by all faculty, researchers, and research department staff.
594 Such requirement is in addition to any other travel approval
595 process applicable to the state university or entity.
596 (2)(a) Preapproval by the research integrity office must be
597 based on the applicant’s review and acknowledgement of guidance
598 published by the employing state university or entity which
599 relates to countries under sanctions or other restrictions of
600 the state or the United States government, including any federal
601 license requirement; customs rules; export controls;
602 restrictions on taking state university or entity property,
603 including intellectual property, abroad; restrictions on
604 presentations, teaching, and interactions with foreign
605 colleagues; and other subjects important to the research and
606 academic integrity of the state university or entity.
607 (b) Preapproval must be based on the binding commitment of
608 the individual traveler not to violate the state university’s or
609 entity’s limitations on travel and activities abroad and to obey
610 all applicable federal laws.
611 (3) The state university or entity must maintain records of
612 all foreign travel requests and approvals; expenses reimbursed
613 by the university or entity during such travel, including for
614 travel, food, and lodging; and payments and honoraria received
615 during such travel and activities, including for travel, food,
616 and lodging. The state university or entity must also keep
617 records of the purpose of the travel and any records related to
618 the foreign activity review. Such records must be retained for
619 at least 3 years or any longer period of time required by any
620 other applicable state or federal law.
621 (4) The state university or entity must provide an annual
622 report of foreign travel to countries of concern listing
623 individual travelers, foreign locations visited, and foreign
624 institutions visited to the Board of Governors or the governing
625 board of the applicable.
626 (5) By July 1, 2025, the Inspector General of the Board of
627 Governors, the inspector general of an entity described in
628 subsection (1), or the Auditor General must perform an
629 operational audit regarding the implementation of this section.
630 Section 6. This act shall take effect July 1, 2021.