January 18, 2021
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       Florida Senate - 2010                                    SB 1804
       
       
       
       By Senator Baker
       
       
       
       
       20-01022-10                                           20101804__
    1                        A bill to be entitled                      
    2         An act relating to the disclosure of gifts made to
    3         institutions of higher education by a foreign
    4         government, person, or entity; defining terms;
    5         requiring each institution of higher education to
    6         disclose to the Department of Revenue the amount,
    7         terms, restrictions, and requirements made a part of
    8         any gift made to the institution by a foreign
    9         government, person, or entity if the value of the gift
   10         exceeds a specified amount; providing that if a
   11         foreign government, person, or entity makes more than
   12         one gift to the institution in a single fiscal year
   13         and the total value of those gifts exceeds a specified
   14         amount, the institution shall report all of the gifts
   15         received; requiring that the institution report
   16         specified information to the department within a
   17         certain time following the end of the institution’s
   18         fiscal year; providing that the information reported
   19         by the institution is a public record; providing for
   20         any reportable gift that is not properly disclosed to
   21         the department to be forfeited to the state; providing
   22         an effective date.
   23  
   24  Be It Enacted by the Legislature of the State of Florida:
   25  
   26         Section 1. Disclosure of gifts made to an institution of
   27  higher education by a foreign government, person, or entity.—
   28         (1)As used in this section, the term:
   29         (a)“Department” means the Department of Revenue.
   30         (b)“Foreign government” means any country, nation, or
   31  group of nations other than the government of the United States
   32  or the government of a state or a political subdivision and
   33  includes an agent of such government.
   34         (c)“Foreign entity” means a legal entity created under the
   35  laws of:
   36         1.A foreign government, including a foreign corporation,
   37  foreign partnership, foreign trust, or foreign branch of a
   38  domestic corporation; or
   39         2.The United States or any state thereof if a majority of
   40  the ownership of the stock of the legal entity is directly or
   41  indirectly owned legally or beneficially by one or more foreign
   42  governments, foreign persons, or legal entities created under
   43  the laws of a foreign government or if a majority of the
   44  membership of the legal entity is composed of foreign persons or
   45  legal entities created under the laws of a foreign government
   46  and includes an agent of such legal entity.
   47         (d)“Foreign person” means a person who is not a citizen or
   48  national of the United States or a trust territory or
   49  protectorate of the United States and includes an agent of the
   50  person.
   51         (e)“Gift” has the same meaning as in s. 112.312, Florida
   52  Statutes.
   53         (f)“Institution of higher education” or “institution”
   54  means a state university, a state community college, or an
   55  independent nonprofit college or university that is located in
   56  and chartered by the state, is accredited by the Commission on
   57  Colleges of the Southern Association of Colleges and Schools,
   58  and grants baccalaureate or higher degrees.
   59         (2)Each institution of higher education shall disclose the
   60  amount, terms, restrictions, and requirements made a part of any
   61  gift given to the institution by a foreign government, foreign
   62  person, or foreign entity if the value of the gift exceeds
   63  $100,000 during the institution’s fiscal year. If the foreign
   64  government, foreign person, or foreign entity makes more than
   65  one gift to the institution in a single fiscal year and if the
   66  total value of those gifts exceeds $100,000, the institution
   67  shall report all gifts received from the foreign government,
   68  foreign person, or foreign entity.
   69         (3)The information required by subsection (2) shall be
   70  delivered to the department no later than 30 days after the last
   71  day of the institution’s fiscal year. The information must
   72  include:
   73         (a)The amount and the date of the making of the gift.
   74         (b)If the gift is conditional, matching, or designated for
   75  a particular purpose, the full details of the conditions,
   76  matching provisions, or designation.
   77         (c)The name of the foreign government if the gift is made
   78  by a foreign government or the name of the foreign country in
   79  which a foreign entity or foreign person is principally located
   80  or resides if the gift is made by a foreign entity or foreign
   81  person. The name of the foreign entity must be disclosed if the
   82  gift:
   83         1.Contains conditions or restrictions regarding the
   84  control of curricula, employment, or termination of faculty,
   85  admission of students, or student fees; or
   86         2.Is contingent upon the agreement of the institution to
   87  take a specific public position or action or to award an
   88  honorary degree.
   89         (4)The information disclosed pursuant to this section is a
   90  matter of public record and shall be made available by the
   91  department to the public for review and copying during normal
   92  business hours.
   93         (5)Any reportable gift that is not properly disclosed to
   94  the department shall be forfeited to the state.
   95         Section 2. This act shall take effect July 1, 2010.

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