CS/CS/SB 768: Foreign Countries of Concern, the official text

ENROLLED
       2025 Legislature             CS for CS for SB 768, 2nd Engrossed
       
       
       
       
       
       
                                                              2025768er
    1  
    2         An act relating to foreign countries of concern;
    3         amending s. 381.0202, F.S.; prohibiting laboratories
    4         from using certain operational or research software
    5         produced in or by a foreign country of concern, a
    6         state-owned enterprise of a foreign country of
    7         concern, or a company domiciled within a foreign
    8         country of concern; defining the term “foreign country
    9         of concern”; amending s. 408.810, F.S.; providing
   10         certain protections for licensees who fail to obtain
   11         assurances from a person or an entity that indirectly
   12         owns a controlling interest in the licensee or
   13         indirectly holds an interest in certain entities;
   14         revising and providing definitions; providing an
   15         effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Subsection (5) is added to section 381.0202,
   20  Florida Statutes, to read:
   21         381.0202 Laboratory services.—
   22         (5) The department may not allow in any laboratory under
   23  this section the use of any operational or research software
   24  used for genetic sequencing that is produced in or by a foreign
   25  country of concern, a state-owned enterprise of a foreign
   26  country of concern, or a company domiciled within a foreign
   27  country of concern. For purposes of this subsection, the term
   28  “foreign country of concern” means the People’s Republic of
   29  China, the Russian Federation, the Islamic Republic of Iran, the
   30  Democratic People’s Republic of Korea, the Republic of Cuba, the
   31  Venezuelan regime of Nicolás Maduro, or the Syrian Arab
   32  Republic, including any agency of such foreign country of
   33  concern.
   34         Section 2. Subsection (15) of section 408.810, Florida
   35  Statutes, is amended to read:
   36         408.810 Minimum licensure requirements.—In addition to the
   37  licensure requirements specified in this part, authorizing
   38  statutes, and applicable rules, each applicant and licensee must
   39  comply with the requirements of this section in order to obtain
   40  and maintain a license.
   41         (15)(a) The licensee must ensure that a person or an entity
   42  that [who] possesses a controlling interest does not hold, either
   43  directly or indirectly, regardless of ownership structure, an
   44  interest in an entity that has a business relationship with a
   45  foreign country of concern or that is subject to s. 287.135.
   46         (b) The failure of a licensee to obtain assurances from a
   47  person or an entity that indirectly owns a controlling interest
   48  in the licensee or indirectly holds an interest in an entity as
   49  specified in paragraph (a) does not:
   50         1. Affect the license or insurability of the licensee; or
   51         2. Subject the licensee to civil or criminal liability,
   52  unless the licensee has actual knowledge that an indirect
   53  interest holder is:
   54         a. A foreign principal from a foreign country of concern;
   55  and
   56         b. Not in compliance with the requirements of this section.
   57         (c)[(b)] For purposes of this subsection, the term:
   58         1. “Business relationship” means engaging in commerce in
   59  any form, which includes [including, but not limited to,]
   60  acquiring, developing, maintaining, owning, selling, possessing,
   61  leasing, or operating equipment, facilities, personnel,
   62  products, services, personal property, real property, or
   63  military equipment[, or any other apparatus of business or]
   64  [commerce].
   65         2. “Foreign country of concern” means the People’s Republic
   66  of China, the Russian Federation, the Islamic Republic of Iran,
   67  the Democratic People’s Republic of Korea, the Republic of Cuba,
   68  the Venezuelan regime of Nicolás Maduro, or the Syrian Arab
   69  Republic, including any agency of such foreign country of
   70  concern [has the same meaning as in s. 692.201].
   71         3. “Foreign principal” has the same meaning as in s.
   72  692.201.
   73         4. “Indirect interest holder” means a person or an entity
   74  which, at the time of initial application or renewal, owns less
   75  than 5 percent of the licensee; owns less than 5 percent in the
   76  management company or other entity that contracts with the
   77  licensee to manage the provider; or owns equities in a publicly
   78  traded company that has a controlling interest or noncontrolling
   79  interest in the licensee.
   80         5.[3.] “Interest” has the same meaning as in s. 286.101(1).
   81         Section 3. This act shall take effect July 1, 2025.