Florida Senate - 2026                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 905, 1st Eng.
       
       
       
       
       
       
                                Ì930088<Î930088                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .            Floor: C            
             03/12/2026 04:39 PM       .      03/13/2026 10:27 AM       
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       Senator Grall moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. This act may be cited as the “Foreign
    6  Interference Restriction and Enforcement Act.”
    7         Section 2. Subsections (1) and (2) of section 112.313,
    8  Florida Statutes, are amended to read:
    9         112.313 Standards of conduct for public officers, employees
   10  of agencies, and local government attorneys.—
   11         (1) DEFINITIONS DEFINITION.—As used in this section, unless
   12  the context otherwise requires, the term:
   13         (a)“Designated foreign terrorist organization” has the
   14  same meaning as in s. 775.32.
   15         (b)“Foreign country of concern” has the same meaning as in
   16  s. 286.101(1).
   17         (c) “Public officer” includes any person elected or
   18  appointed to hold office in any agency, including any person
   19  serving on an advisory body.
   20         (2) SOLICITATION OR ACCEPTANCE OF GIFTS.—
   21         (a)A No public officer, an employee of an agency, a local
   22  government attorney, or a candidate for nomination or election
   23  may not shall solicit or accept anything of value to the
   24  recipient, including a gift, loan, reward, promise of future
   25  employment, favor, or service, based upon any understanding that
   26  the vote, official action, or judgment of the public officer,
   27  employee, local government attorney, or candidate would be
   28  influenced thereby.
   29         (b)A public officer, an employee of an agency, a local
   30  government attorney, or a candidate for nomination or election
   31  found to have violated this subsection by soliciting or
   32  accepting anything of value from a person or an entity
   33  representing or acting on behalf of a designated foreign
   34  terrorist organization or foreign country of concern or any of
   35  its subdivisions must, in addition to any criminal or civil
   36  penalty involved, repay double the value of any pecuniary
   37  benefit received as a result of the violation committed.
   38         Section 3. Paragraph (e) of subsection (2) of section
   39  112.3142, Florida Statutes, is amended to read:
   40         112.3142 Ethics training for specified constitutional
   41  officers, elected municipal officers, commissioners of community
   42  redevelopment agencies, and elected local officers of
   43  independent special districts.—
   44         (2)
   45         (e) The commission shall adopt rules establishing minimum
   46  course content for the portion of an ethics training class which
   47  addresses s. 8, Art. II of the State Constitution and the Code
   48  of Ethics for Public Officers and Employees. By November 1,
   49  2026, the commission shall adopt revised rules to supplement the
   50  minimum course content, including all of the following:
   51         1.Known efforts by foreign countries of concern to target
   52  and influence subnational governments, including, but not
   53  limited to, the Chinese Communist Party’s United Front strategy.
   54         2.How to identify, recognize, and report suspected foreign
   55  influence campaigns.
   56         3.Enhanced penalties for violations relating to gifts from
   57  foreign countries of concern as defined in s. 286.101(1) or
   58  designated foreign terrorist organizations as defined in s.
   59  775.32(1) under s. 112.313(2)(b).
   60         Section 4. Section 205.0532, Florida Statutes, is amended
   61  to read:
   62         205.0532 Revocation or refusal to renew; doing business
   63  with Cuba.—
   64         (1) Any appropriate tax collector or local governing
   65  authority issuing a business tax receipt to any individual,
   66  business, or entity under this chapter may revoke or refuse to
   67  renew such receipt if the individual, business, or entity, or
   68  parent company of such individual, business, or entity, is doing
   69  business with Cuba in violation of federal law.
   70         (2)Any appropriate tax collector or local governing
   71  authority may request a sworn affidavit or declaration from any
   72  individual, business, or entity attesting to whether the
   73  individual, business, or entity is doing business with Cuba in
   74  violation of federal law.
   75         (3)A person who knowingly makes a false declaration under
   76  subsection (2) commits the crime of perjury by false written
   77  declaration, a felony of the third degree, punishable as
   78  provided in s. 775.082, s. 775.083, or s. 775.084.
   79         Section 5. Paragraph (a) of subsection (3) of section
   80  288.816, Florida Statutes, is amended, and subsection (7) is
   81  added to that section, to read:
   82         288.816 Intergovernmental relations.—
   83         (3) The state protocol officer may:
   84         (a) Coordinate and carry out activities designed to
   85  encourage the state and its subdivisions to participate in
   86  sister city and sister state affiliations with foreign countries
   87  and their subdivisions. Such activities may include a State of
   88  Florida sister cities conference. Such activities may not
   89  include encouragement of any affiliations with foreign countries
   90  of concern as defined in s. 288.860(1) or their subdivisions.
   91         (7)The department shall publish on its website, to be
   92  updated quarterly, the following information:
   93         (a)A current and accurate list of all foreign consulate
   94  offices.
   95         (b)A current and accurate list of all sister city and
   96  sister state affiliations, including a copy of all such
   97  agreements.
   98         Section 6. Subsections (3), (4), and (5) of section
   99  288.8175, Florida Statutes, are amended, and a new subsection
  100  (7) is added to that section, to read:
  101         288.8175 Linkage institutes between postsecondary
  102  institutions in this state and foreign countries.—
  103         (3) Each institute must be co-administered in this state by
  104  a university-community college partnership, as designated in
  105  subsection (5), and must have a private sector and public sector
  106  advisory committee. The advisory committee must be
  107  representative of the international education and commercial
  108  interests of the state and may have members who are native to
  109  the foreign country partner. Six members must be appointed by
  110  the Department of Education. The Department of Education must
  111  appoint at least one member who is an international educator.
  112  The presidents, or their designees, of the participating
  113  university and community college must also serve on the advisory
  114  committee.
  115         (4) The institutes are:
  116         (a) Florida-Brazil Institute (University of Florida and
  117  Miami Dade College).
  118         (b) Florida-Costa Rica Institute (Florida State University
  119  and Valencia College).
  120         (c) Florida Caribbean Institute (Florida International
  121  University and Daytona State College).
  122         (d) Florida-Canada Institute (University of Central Florida
  123  and Palm Beach State College).
  124         (e)Florida-China Institute (University of West Florida,
  125  University of South Florida, and Eastern Florida State College).
  126         (e)(f) Florida-Japan Institute (University of South
  127  Florida, University of West Florida, and St. Petersburg
  128  College).
  129         (f)(g) Florida-France Institute (New College of the
  130  University of South Florida, Miami Dade College, and Florida
  131  State University).
  132         (g)(h) Florida-Israel Institute (Florida Atlantic
  133  University and Broward College).
  134         (h)(i) Florida-West Africa Institute (Florida Agricultural
  135  and Mechanical University, University of North Florida, and
  136  Florida State College at Jacksonville).
  137         (i)(j) Florida-Eastern Europe Institute (University of
  138  Central Florida and Lake-Sumter State College).
  139         (j)(k) Florida-Mexico Institute (Florida International
  140  University and Polk State College).
  141         (5)Each institute is allowed to exempt from s. 1009.21 up
  142  to 25 full-time equivalent students per year from the respective
  143  host countries to study in any of the state universities or
  144  community colleges in this state as resident students for
  145  tuition purposes. The institute directors shall develop
  146  criteria, to be approved by the Department of Education, for the
  147  selection of these students. Students must return home within 3
  148  years after their tenure of graduate or undergraduate study for
  149  a length of time equal to their exemption period.
  150         (7)A linkage institute may not enter into any agreement or
  151  participate in any activities with a foreign country of concern
  152  as defined in s. 288.860(1) or any organization in a foreign
  153  country of concern.
  154         Section 7. Present subsection (4) of section 288.854,
  155  Florida Statutes, is redesignated as subsection (5), and a new
  156  subsection (4) is added to that section, to read:
  157         288.854 Support for a free and independent Cuba.—
  158         (4)(a)If the Federal Government changes the diplomatic
  159  status of Cuba, the Governor may, by executive order, suspend
  160  the provisions of any statute or rule restricting interactions
  161  with Cuba for a period not to exceed adjournment sine die of the
  162  regular session of the Legislature after such suspension. A
  163  suspension expires upon adjournment sine die of such regular
  164  session of the Legislature. A suspension may not be renewed or
  165  extended.
  166         (b)If the Governor suspends a statute or rule under
  167  paragraph (a), he or she may not subsequently suspend the same
  168  statute or rule relating to Cuba unless expressly authorized by
  169  the Legislature.
  170         (c)At least 30 days before the next regular session of the
  171  Legislature following a change in Cuba’s diplomatic status by
  172  the Federal Government, the Governor shall submit to the
  173  President of the Senate and the Speaker of the House of
  174  Representatives written recommendations for policy changes, if
  175  any, that should be considered by the Legislature concerning
  176  Cuba. However, if the change in Cuba’s diplomatic status occurs
  177  within 30 days before the convening of the next regular session
  178  of the Legislature or during the regular session of the
  179  Legislature, the Governor must submit such recommendations as
  180  soon as practicable.
  181         (d)This subsection is repealed October 2, 2028, unless
  182  saved from repeal through reenactment by the Legislature.
  183         Section 8. Subsection (2) of section 288.860, Florida
  184  Statutes, is amended to read:
  185         288.860 International cultural agreements.—
  186         (2)(a) A state agency, political subdivision, or public
  187  school authorized to expend state-appropriated funds or levy ad
  188  valorem taxes may not participate in any agreement with or
  189  accept any grant from a foreign country of concern or its
  190  subdivisions, or any entity controlled by a foreign country of
  191  concern.
  192         (b)All agreements under paragraph (a), including, but not
  193  limited to, sister city agreements, are terminated as of July 1,
  194  2026, which:
  195         (a)Constrains the freedom of contract of such public
  196  entity;
  197         (b)Allows the curriculum or values of a program in the
  198  state to be directed or controlled by the foreign country of
  199  concern; or
  200         (c)Promotes an agenda detrimental to the safety or
  201  security of the United States or its residents. Before the
  202  execution of any cultural exchange agreement with a foreign
  203  country of concern, the substance of the agreement must be
  204  shared with federal agencies concerned with protecting national
  205  security or enforcing trade sanctions, embargoes, or other
  206  restrictions under federal law. If such federal agency provides
  207  information suggesting that such agreement promotes an agenda
  208  detrimental to the safety or security of the United States or
  209  its residents, the public entity may not enter into the
  210  agreement.
  211         Section 9. Subsection (1) of section 316.0078, Florida
  212  Statutes, is amended to read:
  213         316.0078 Prohibition on contracting for camera systems of
  214  vendors of foreign countries of concern.—
  215         (1) As used in this section, the term: terms
  216         (a) “Controlling interest” means possession of the power to
  217  direct or cause the direction of the management or policies of a
  218  company, whether through ownership of securities, by contract,
  219  or otherwise. A person or an entity that directly or indirectly
  220  has 25 percent or more of the voting interests of a company or
  221  is entitled to 25 percent or more of its profits is presumed to
  222  possess a controlling interest. and
  223         (b) “Foreign country of concern” means the People’s
  224  Republic of China, the Russian Federation, the Islamic Republic
  225  of Iran, the Democratic People’s Republic of Korea, the Republic
  226  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
  227  Arab Republic, including any agency of or any other entity of
  228  significant control of such foreign country of concern have the
  229  same meanings as in s. 287.138(1).
  230         Section 10. Subsection (14) of section 496.404, Florida
  231  Statutes, is amended to read:
  232         496.404 Definitions.—As used in ss. 496.401-496.424, the
  233  term:
  234         (14) “Foreign source of concern” means any of the
  235  following:
  236         (a) The government or any official of the government of a
  237  foreign country of concern;
  238         (b) A political party or member of a political party or any
  239  subdivision of a political party in a foreign country of
  240  concern;
  241         (c) A partnership, an association, a corporation, an
  242  organization, or other combination of persons organized under
  243  the laws of or having its principal place of business in a
  244  foreign country of concern, or a subsidiary of such entity;
  245         (d) Any person who is domiciled in a foreign country of
  246  concern and is not a citizen or lawful permanent citizen of the
  247  United States;
  248         (e) An agent, including a subsidiary or an affiliate of a
  249  foreign legal entity, acting on behalf of a foreign source of
  250  concern; or
  251         (f) An entity in which a person, entity, or collection of
  252  persons or entities described in paragraphs (a)-(e) has a
  253  controlling interest. As used in this paragraph, the term
  254  “controlling interest” means the possession of the power to
  255  direct or cause the direction of the management or policies of
  256  an entity, whether through ownership of securities, by contract,
  257  or otherwise. A person or an entity that directly or indirectly
  258  has the right to vote 25 percent or more of the voting interest
  259  of the company or is entitled to 25 percent or more of its
  260  profits is presumed to possess a controlling interest; or
  261         (g)A designated foreign terrorist organization as defined
  262  in s. 775.32 or an agent acting on behalf of a designated
  263  foreign terrorist organization.
  264         Section 11. Subsection (3) of section 692.201, Florida
  265  Statutes, is amended to read:
  266         692.201 Definitions.—As used in this part, the term:
  267         (3) “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 Nicolás Maduro, or the Syrian
  271  Arab Republic, including any agency of or any other entity under
  272  of significant control of such foreign country of concern.
  273         Section 12. Section 775.08255, Florida Statutes, is created
  274  to read:
  275         775.08255Offenses by foreign agents; reclassification.—
  276         (1)As used in this section, the term:
  277         (a)“Agent of a foreign government or designated foreign
  278  terrorist organization” means a person acting on behalf of or
  279  otherwise employed or controlled by a foreign government or a
  280  designated foreign terrorist organization.
  281         (b)“Designated foreign terrorist organization” has the
  282  same meaning as provided in s. 775.32.
  283         (c)“Foreign government” has the same meaning as provided
  284  in s. 286.101(1).
  285         (2)The penalty for any misdemeanor or felony may be
  286  reclassified if the commission of such misdemeanor or felony was
  287  for the purpose of benefiting, promoting, or furthering the
  288  interests of a foreign government, a designated foreign
  289  terrorist organization, or an agent of a foreign government or
  290  designated foreign terrorist organization. The reclassification
  291  is as follows:
  292         (a)A misdemeanor of the second degree is reclassified to a
  293  misdemeanor of the first degree.
  294         (b)A misdemeanor of the first degree is reclassified to a
  295  felony of the third degree.
  296         (c)A felony of the third degree is reclassified to a
  297  felony of the second degree.
  298         (d)A felony of the second degree is reclassified to a
  299  felony of the first degree.
  300         (e)A felony of the first degree is reclassified to a life
  301  felony.
  302         (3)In addition to any other penalties prescribed by law, a
  303  person convicted of a felony of the first degree or a life
  304  felony under this section must be sentenced to a minimum term of
  305  imprisonment of 15 years.
  306         Section 13. Paragraph (a) of subsection (7) of section
  307  282.802, Florida Statutes, is amended to read:
  308         282.802 Government Technology Modernization Council.—
  309         (7)(a) The council shall meet at least quarterly to:
  310         1. Recommend legislative and administrative actions that
  311  the Legislature and state agencies as defined in s. 282.318(2)
  312  may take to promote the development of data modernization in
  313  this state.
  314         2. Assess and provide guidance on necessary legislative
  315  reforms and the creation of a state code of ethics for
  316  artificial intelligence systems in state government.
  317         3. Assess the effect of automated decision systems or
  318  identity management on constitutional and other legal rights,
  319  duties, and privileges of residents of this state.
  320         4. Evaluate common standards for artificial intelligence
  321  safety and security measures, including the benefits of
  322  requiring disclosure of the digital provenance for all images
  323  and audio created using generative artificial intelligence as a
  324  means of revealing the origin and edit of the image or audio, as
  325  well as the best methods for such disclosure.
  326         5. Assess the manner in which governmental entities and the
  327  private sector are using artificial intelligence with a focus on
  328  opportunity areas for deployments in systems across this state.
  329         6. Determine the manner in which artificial intelligence is
  330  being exploited by bad actors, including foreign countries of
  331  concern as defined in s. 286.101(1) s. 287.138(1).
  332         7. Evaluate the need for curriculum to prepare school-age
  333  audiences with the digital media and visual literacy skills
  334  needed to navigate the digital information landscape.
  335         Section 14. Subsection (2) of section 63.213, Florida
  336  Statutes, is amended to read:
  337         63.213 Preplanned adoption agreement.—
  338         (2)(a)A preplanned adoption agreement is prohibited if:
  339         1. The volunteer mother is a citizen or resident of a
  340  foreign country of concern as defined in s. 286.101(1).
  341         2. Either the intended father or intended mother is a
  342  citizen or resident of a foreign country of concern as defined
  343  in s. 286.101(1).
  344         (b) A preplanned adoption agreement must include, but need
  345  not be limited to, the following terms:
  346         1.(a) That the volunteer mother agrees to become pregnant
  347  by the fertility technique specified in the agreement, to bear
  348  the child, and to terminate any parental rights and
  349  responsibilities to the child she might have through a written
  350  consent executed at the same time as the preplanned adoption
  351  agreement, subject to a right of rescission by the volunteer
  352  mother any time within 48 hours after the birth of the child, if
  353  the volunteer mother is genetically related to the child.
  354         2.(b) That the volunteer mother agrees to submit to
  355  reasonable medical evaluation and treatment and to adhere to
  356  reasonable medical instructions about her prenatal health.
  357         3.(c) That the volunteer mother acknowledges that she is
  358  aware that she will assume parental rights and responsibilities
  359  for the child born to her as otherwise provided by law for a
  360  mother if the intended father and intended mother terminate the
  361  agreement before final transfer of custody is completed, if a
  362  court determines that a parent clearly specified by the
  363  preplanned adoption agreement to be the biological parent is not
  364  the biological parent, or if the preplanned adoption is not
  365  approved by the court pursuant to the Florida Adoption Act.
  366         4.(d) That an intended father who is also the biological
  367  father acknowledges that he is aware that he will assume
  368  parental rights and responsibilities for the child as otherwise
  369  provided by law for a father if the agreement is terminated for
  370  any reason by any party before final transfer of custody is
  371  completed or if the planned adoption is not approved by the
  372  court pursuant to the Florida Adoption Act.
  373         5.(e) That the intended father and intended mother
  374  acknowledge that they may not receive custody or the parental
  375  rights under the agreement if the volunteer mother terminates
  376  the agreement or if the volunteer mother rescinds her consent to
  377  place her child for adoption within 48 hours after the birth of
  378  the child, if the volunteer mother is genetically related to the
  379  child.
  380         6.(f) That the intended father and intended mother may
  381  agree to pay all reasonable legal, medical, psychological, or
  382  psychiatric expenses of the volunteer mother related to the
  383  preplanned adoption arrangement and may agree to pay the
  384  reasonable living expenses and wages lost due to the pregnancy
  385  and birth of the volunteer mother and reasonable compensation
  386  for inconvenience, discomfort, and medical risk. No other
  387  compensation, whether in cash or in kind, shall be made pursuant
  388  to a preplanned adoption arrangement.
  389         7.(g) That the intended father and intended mother agree to
  390  accept custody of and to assert full parental rights and
  391  responsibilities for the child immediately upon the child’s
  392  birth, regardless of any impairment to the child.
  393         8.(h) That the intended father and intended mother shall
  394  have the right to specify the blood and tissue typing tests to
  395  be performed if the agreement specifies that at least one of
  396  them is intended to be the biological parent of the child.
  397         9.(i) That the agreement may be terminated at any time by
  398  any of the parties.
  399         Section 15. Subsection (1) of section 742.15, Florida
  400  Statutes, is amended to read:
  401         742.15 Gestational surrogacy contract.—
  402         (1)(a)Before Prior to engaging in gestational surrogacy, a
  403  binding and enforceable gestational surrogacy contract shall be
  404  made between the commissioning couple and the gestational
  405  surrogate. A contract for gestational surrogacy is shall not be
  406  binding and enforceable unless the gestational surrogate is 18
  407  years of age or older and the commissioning couple are legally
  408  married and are both 18 years of age or older.
  409         (b)1. A gestational surrogacy contract may not be entered
  410  into in this state if any party to the contract is a citizen or
  411  resident of a foreign country of concern as defined in s.
  412  286.101(1).
  413         2. A gestational surrogacy contract executed in violation
  414  of this paragraph is void and unenforceable as against the
  415  public policy of the state.
  416         Section 16. This act shall take effect July 1, 2026.
  417  
  418  ================= T I T L E A M E N D M E N T ================
  419  And the title is amended as follows:
  420         Delete everything before the enacting clause
  421  and insert:
  422                        A bill to be entitled                      
  423         An act relating to foreign influence; providing a
  424         short title; amending s. 112.313, F.S.; defining the
  425         terms “designated foreign terrorist organization” and
  426         “foreign country of concern”; providing penalties for
  427         specified persons who solicit or accept anything of
  428         value from persons or entities representing a
  429         designated foreign terrorist organization or a foreign
  430         country of concern; amending s. 112.3142, F.S.;
  431         requiring the Commission on Ethics to adopt certain
  432         rules by a specified date; amending s. 205.0532, F.S.;
  433         authorizing any appropriate tax collector to revoke or
  434         refuse to renew business tax receipts of specified
  435         individuals, businesses, or entities; authorizing such
  436         tax collector or a local governing authority to
  437         request a specified sworn affidavit or declaration
  438         from such individual, business, or entity; providing
  439         criminal penalties; amending s. 288.816, F.S.;
  440         prohibiting certain activities encouraging
  441         affiliations with foreign countries of concern;
  442         requiring the Department of Commerce to publish and
  443         update certain information on its website; amending s.
  444         288.8175, F.S.; deleting the Florida-China Institute
  445         from the list of linkage institutes; deleting an
  446         exemption for linkage institutes; prohibiting a
  447         linkage institute from entering into an agreement or
  448         participating in an activity with a foreign country of
  449         concern; amending s. 288.854, F.S.; authorizing the
  450         Governor to suspend certain laws or rules relating to
  451         Cuba for a specified period under certain
  452         circumstances; prohibiting such suspension from being
  453         renewed or extended; prohibiting the Governor from
  454         suspending the same laws or rules without express
  455         authorization from the Legislature; requiring the
  456         Governor to submit to the Legislature certain written
  457         recommendations within a specified timeframe;
  458         providing for future legislative repeal of certain
  459         provisions; amending s. 288.860, F.S.; requiring that
  460         certain agreements be terminated by a specified date;
  461         amending s. 316.0078, F.S.; revising the definitions
  462         of the terms “controlling interest” and “foreign
  463         country of concern”; amending s. 496.404, F.S.;
  464         revising the definition of the term “foreign source of
  465         concern”; amending s. 692.201, F.S.; revising the
  466         definition of the term “foreign country of concern”;
  467         creating s. 775.08255, F.S.; defining terms;
  468         prohibiting enforcement of certain laws of a foreign
  469         government; providing enhanced criminal penalties;
  470         amending s. 282.802, F.S.; conforming a cross
  471         reference; amending s. 63.213, F.S.; prohibiting
  472         preplanned adoption agreements unless certain
  473         conditions are met; amending s. 742.15, F.S.;
  474         prohibiting contracts for gestational surrogacy unless
  475         certain conditions are met; declaring that certain
  476         contracts are void and unenforceable; providing an
  477         effective date.