Designation of terrorist organizations; effect of designation.

(1)(a) In order to ensure the safety of this state, and the safety of the residents of this state, the Chief of Domestic Security may designate an organization:

1. A domestic terrorist organization if the Chief of Domestic Security finds that the organization meets the following criteria:

a. The organization is based or operates in this state or the United States.

b. The organization is engaging in terrorist activity as defined in s. 775.30.

c. The terrorist activity of the organization is an ongoing threat to the security of this state or the United States.

2. A foreign terrorist organization if the Chief of Domestic Security finds that the organization meets the following criteria:

a. The organization is designated as a foreign terrorist organization by the United States Secretary of State pursuant to s. 219 of the Immigration and Nationality Act.

b. The terrorist activity of the organization is an ongoing threat to the security of this state or the United States.

(b) The Chief of Domestic Security must maintain and publish on the department’s website a current list of organizations that he or she designates as domestic terrorist organizations or foreign terrorist organizations.

(c) At least once every 5 years, the Chief of Domestic Security must review each designation made under paragraph (a) which labels an organization a domestic terrorist organization or a foreign terrorist organization.

(2)(a) The Chief of Domestic Security must provide written notice to the Governor and Cabinet of his or her intent to designate an organization as a domestic terrorist organization or a foreign terrorist organization, which notice must be accompanied by a summary of the basis for such designation.

(b) If the organization has a readily discernible location or office and notice can be delivered or furnished to that organization safely:

1. The notice of intent must be delivered or furnished to the organization. The written findings regarding the basis for such designation need not be included with the notice.

2. The notice must provide the date, time, and location of any public meeting regarding the designation.

3. The notice must provide information on how to object to the designation or appeal a designation.

(c) If the Governor and Cabinet hold a meeting to consider the notice of intent, the meeting materials relating to the notice of intent, excluding information that is confidential, exempt, or otherwise protected from disclosure by state or federal law, must be published and made available to the public consistent with s. 120.525.

(d) No earlier than 7 days after receipt of written notice made pursuant to paragraph (a), the Governor and Cabinet may, by a majority vote, approve or reject a designation made by the Chief of Domestic Security under subsection (1).

(e) Within 7 days after approval by the Governor and Cabinet of a designation made by the Chief of Domestic Security under subsection (1), the Chief of Domestic Security must publish notice of the designation in the Florida Administrative Register.

(f) Within 30 days after publication of a notice of the designation in the Florida Administrative Register, the organization designated as a domestic terrorist organization or a foreign terrorist organization, or any member of such organization, may challenge such designation in the circuit court of the Second Judicial Circuit in and for Leon County. The court may not compel the public disclosure of any document that is confidential or exempt under state law or that is confidential, restricted, or otherwise protected from public disclosure according to federal law.

(g) Any portion of the information provided under this subsection by the Chief of Domestic Security to the Governor and Cabinet which would reveal information critical to state or national security is exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution. This paragraph is subject to the Open Government Sunset Review Act in accordance with s. 119.15 and shall stand repealed on October 2, 2031, unless reviewed and saved from repeal through reenactment by the Legislature.

(3)(a) An organization designated as a domestic terrorist organization or a foreign terrorist organization may petition the department, at any time, for the removal of such designation.

(b) At any time, the Governor and Cabinet may remove, by a majority vote, a designation made by the Chief of Domestic Security under subsection (1).

(4) A state agency, political subdivision, or public school district authorized to expend state-appropriated funds or levy ad valorem taxes may not:

(a) Expend such funds or taxes to support a foreign terrorist organization or a domestic terrorist organization, or a member of such organization, whose designation as such has been published in the Florida Administrative Register in accordance with this section.

(b) Contract with a foreign terrorist organization or a domestic terrorist organization.

(c) Accept any funds from a foreign terrorist organization or a domestic terrorist organization, or a member of such organization, whose designation as such has been published in the Florida Administrative Register in accordance with this section. However, this paragraph does not prohibit the acceptance of funds resulting from fines, penalties, forfeitures, taxes, or payment for goods or services provided to the organization or a member of the organization.

(5) The department shall adopt rules to implement this section.