Current through Reg. 50, No. 187; September 24, 2024
(1) Definitions.
(a) "Affiliate organization" means any entity
under the control of or established for the benefit of an organization required
to report under this rule, including a direct support organization;
(b) "Agreement" means a written statement of
mutual interest in academic or research collaboration;
(c) "Contract" means any agreement for the
acquisition by purchase, lease, or barter of property or services by the
foreign source, for the direct benefit or use of either of the parties, and any
purchase, lease, or barter of property or services from a foreign country of
concern as defined in this rule;
(d) "Direct-support organization" has the
same meaning as provided in section
1004.70(1),
Florida Statutes;
(e) "Foreign
country of concern" means the People's Republic of China, the Russian
Federation, the Islamic Republic of Iran, the Democratic People's Republic of
Korea, the Republic of Cuba, the Venezuelan regime of Nicholas Maduro, or the
Syrian Arab Republic, including any agency of or any other entity under
significant control of such foreign country of concern;
(f) "Foreign government" means the government
of any country, nation, or group of nations, or a province or other political
subdivision of any country or nation, other than the government of the United
States or the government of a state or political subdivision, including any
agent of such foreign government;
(g) "Foreign principal" means any of the
following:
1. The government or an official of
the government of a foreign country of concern;
2. A political party or a member of a
political party in a foreign country of concern. The term "political party"
means an organization or a combination of individuals whose aim or purpose is,
or who are engaged in any activity devoted in whole or in part to the
establishment, administration, control, or acquisition of administration or
control of a government of a foreign country of concern or a subdivision
thereof, or the furtherance or influencing of the political or public interest,
policies, or relations of a government of a foreign country of concern or a
subdivision thereof;
3. A
partnership, an association, a corporation, an organization, or other
combination of persons organized under the laws of or having its principal
place of business in a foreign country of concern, or a subsidiary thereof;
or
4. Any person who is domiciled
in a foreign country of concern and is not a citizen or lawful permanent
resident of the United States;
(h) "Foreign source" means any of the
following:
1. A foreign government or an
agency of a foreign government;
2.
A legal entity, government or otherwise, created solely under the laws of a
foreign state or states;
3. An
individual who is not a citizen or a national of the United States or a
territory or protectorate of the United States; or
4. An agent, including a subsidiary or an
affiliate of a foreign legal entity, acting on behalf of a foreign
source.
(i) "Grant" means
a transfer of money for a specified purpose, including a conditional
gift;
(j) "Partnership" means a
faculty or student exchange program, a study abroad program, an articulation
program, a recruiting program, or a dual degree program;
(k) "Pledge" means a promise, an agreement,
or an expressed intention to give a gift.
(l) "State college" means any postsecondary
education institution under the supervision of the State Board of Education,
which includes all Florida College System (FCS) institutions and any entity
under the control of or established for the benefit of a state
college.
(2) Gifts from
Foreign Countries of Concern. A state college, or any employee or
representative of a state college, may not solicit or accept any gift as
defined in section 286.101, Florida Statutes, in
its official capacity, including any physical object, loan, reward, promise of
future employment, favor, or service, from a college or university based in a
foreign country of concern or from a foreign principal.
(3) Reporting Gifts from Other Foreign
Countries. Each state college shall report gifts valued at $50, 000 or more
received from a foreign source directly or indirectly during the fiscal year.
If a foreign source provides more than one gift in a single fiscal year and the
total value of those gifts is $50, 000 or more, all gifts received from that
foreign source must be reported. The semi-annual reporting requirement must be
made each January 31st and July 31st to the Division of Florida Colleges in a
manner prescribed by the Chancellor.
(4) International Cultural Agreements.
(a) Beginning July 1, 2023, a state college,
including any entity under the control of or established for the benefit of a
state college authorized to expend state-appropriated funds, may not accept any
grant from or participate in any agreement with any college or university based
in a foreign country of concern, or with any foreign principal without prior
approval from the State Board of Education.
(b) Beginning December 1, 2023, a state
college, including any entity under the control of or established for the
benefit of a state college authorized to expend state-appropriated funds, may
not participate in any partnership with any college or university based in a
foreign country of concern, or with any foreign principal without prior
approval from the State Board of Education.
(c) A state college may, with approval from
the State Board of Education, enter into a partnership or agreement with a
college or university based in a foreign country of concern, or with a foreign
principal, if such partnership or agreement is deemed by the State Board of
Education to be valuable to students and the state college and is not
detrimental to the safety or security of the United States or its residents. To
request approval from the State Board of Education, each FCS institution board
of trustees must submit a request to the Division of Florida Colleges via email
to ChancellorFCS@FLDOE.org at least ninety (90) days prior to the anticipated
start date of the agreement or partnership with the following information:
1. Entity with which the state college is
entering into an agreement or partnership;
2. Location of the entity reported in
(4)(c)1.;
3. Expected start and end
date of the agreement or partnership;
4. Purpose and benefits of the agreement or
partnership;
5. Any identified
risks of the agreement or partnership;
6. Projected number of students, faculty, and
staff participating in the agreement or partnership;
7. Estimated budget and source of funds to
support the agreement or partnership;
8. Draft of the agreement or partnership,
and;
9. Other information as
requested by the Chancellor.
(d) Upon review of a complete request
submitted by the FCS institution board of trustees in (4)(c), the State Board
of Education may grant approval for partnerships or agreements it deems
valuable to students and the state college and not detrimental to the safety or
security of the United States or its residents.
(e) If a state college enters into a
partnership or an agreement with a college or university based in a foreign
country of concern or with a foreign principal without approval of the State
Board of Education, the Board may withhold additional performance funding to
the state college.
(5)
Foreign Country of Concern Reporting Requirements. Beginning September 1, 2024,
and annually thereafter, each FCS institution board of trustees must submit a
report to the Division of Florida Colleges via email to ChancellorFCS@FLDOE.org
relating to all grant programs, agreements, partnerships, and contracts between
the state college and any colleges and universities based in a foreign country
of concern and foreign principals. For institutions that do not have an
agreement, the report shall indicate that no agreement exists. For institutions
holding approved agreements, at a minimum, the report must include all of the
following information for the previous fiscal year:
(a) A copy of any grant program, agreement,
partnership, or contract between the state college and any university or
college that is based in a foreign country of concern or a foreign
principal.
(b) Data reflecting any
office, campus, or physical location used or maintained by the state college in
a foreign country of concern or with a foreign principal.
(c) A summary of the activities,
communications, and fiscal transactions.
(d) The date on which any such grant program,
agreement, partnership, or contract reported pursuant to (5)(a) is expected to
terminate.
Rulemaking Authority
286.101,
288.860,
1001.02, 1010.2, FS. Law
Implemented 286.101,
288.860,
1010.25,
FS.
New 9-26-23.
