The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Rules
BILL: CS/SM 160
INTRODUCER: Military and Veterans Affairs, Space, and Domestic Security Committee and Senators
Avila and Collins
SUBJECT: Redesignation of the Revolutionary Armed Forces of Colombia (FARC) as a Foreign
Terrorist Organization
DATE: March 7, 2023 REVISED:
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Brown Proctor MS Fav/CS
2. Brown Twogood RC Favorable
Please see Section IX. for Additional Information:
COMMITTEE SUBSTITUTE - Substantial Changes
I. Summary:
CS/SM 160 is a memorial to the United States Department of State, urging the United States
Secretary of State to redesignate the Revolutionary Armed Forces of Columbia (FARC) as a
Foreign Terrorist Organization. The memorial attests to the Legislature’s firm commitment to
Columbia, and opposes the Biden Administration’s removal of the FARC’s designation as a
Foreign Terrorist Organization.
The memorial requires the Secretary of State to dispatch copies of the memorial to the President
of the United States Senate, the Speaker of the United States House of Representatives, the
United States Secretary of State, and each member of the state delegation to the United States
Congress.
A memorial is an official legislative document addressed to the United States Congress, the
President of the United States, or some other governmental entity that expresses the will of the
Legislature on a matter within the jurisdiction of the recipient. A memorial requires passage by
both legislative houses but does not require the Governor’s approval nor is it subject to a veto.
BILL: CS/SM 160 Page 2
II. Present Situation:
Measures Against Foreign Terrorists by the Presidential Administration and Congress
Executive Order 13224
On September 23, 2001, and in response to the attacks on September 11, 2001, the President of
the United States signed Executive Order 13224 (Order), to bolster existing federal action against
foreign terrorists and organizations.1 Specifically, the Order establishes a process to disrupt the
financial support network of terrorists and terrorist organizations. The Order does this by
authorizing the government to designate and block assets of foreign individuals and entities that
commit, or pose a significant risk of committing acts of terrorism.2
As used in the Order3, terrorism is defined as an action that:
 Involves a violent act or an act dangerous to human life, property, or infrastructure; and
 Appears intended to intimidate or coerce a civilian population; influence government policy
by intimidation or coercion; or affect government conduct by mass destruction, assassination,
kidnapping, or hostage-taking.4
The Order authorizes either the United States Secretary of State (Secretary) or the Secretary of
the Treasury to initiate the designation of terrorists, in concert with the United States Attorney
General and each other. Once designated, the Office of Foreign Assets Control (OFAC) can
block assets of the person or groups.5
Agency Designation of Foreign Terrorists
The authority of the Secretary to designate an individual or entity as a terrorist or foreign terrorist
organization is rooted in its immigration and nationality functions.6 The Secretary may designate
an organization as a foreign terrorist organization if the Secretary finds that:
 The organization is a foreign organization;
 The organization engages in terrorist activity or terrorism, or retains the capability and intent
to engage in terrorist activity or terrorism; and
 The terrorist activity or terrorism threatens the security of United States nationals or the
United States.7
If the Secretary determines that an organization has engaged in terrorist activity or terrorism, the
Secretary must:
 Provide written, classified notification with findings seven days prior to making a
designation to the Speaker and Minority Leader of the United States House of
1
The Bureau of Counterterrorism, U.S. Dep’t of State, Executive Order 13224 (Sept. 23, 2001), available at
https://www.state.gov/executive-order-
13224/#:~:text=(d)%20the%20term%20%E2%80%9Cterrorism,by%20intimidation%20or%20coercion%3B%20or (last
visited Jan. 27, 2023).
2
Id.
3
8 USC 1189.
4
Id.
5
Id.
6
Immigration and Nationality Act, 8 U.S.C. §1104(a) and 1189.
7
8 U.S.C. §1189(a)(1).
BILL: CS/SM 160 Page 3
Representatives, the President pro tempore, Majority Leader, and Minority Leader of the
United States Senate, and members of relevant committees of the United States Congress.
 Publish the designation in the Federal Register seven days after notification.8
The United States Congress may through congressional act disapprove the designation.9 If the
designation stands, the Secretary may, after a 5-year period, review the designation of the foreign
terrorist organization. In its review, the Secretary will determine whether current circumstances
warrant revocation.10
Along with publication in the Federal Register, the Secretary also publishes and maintains the
list of foreign terrorist organizations on its website.11 Upon publication in the Federal Register,
the United States Secretary of the Treasury may freeze the assets of the designated
organization.12
In addition to the designation authority of the Secretary, the OFAC can designate terrorists and
maintain its own list.13 Specifically, the OFAC may classify an individual as a Specially
Designated Global Terrorist (SDGT) and place his or her name on its list of Specially Designated
Nationals (SDN). The assets of a SDGT are then blocked and the list of SDNs made publicly
available, including to the international financial community. These federal actions curtail the
ability of a SDN to conduct property or banking transactions in this country.14
History of FARC
Beginnings
In 1964, Manuel Marulanda and Jacobo Arenas founded the Revolutionary Armed Forces of
Columbia, otherwise known as FARC.15 The group identified as its core mission social program
development in rural areas and wealth redistribution. In furtherance of its mission, the FARC had
as its original goal governmental overthrow, relying on the drug trade, ransom collected on
kidnappings of politicians and elites, extortion, and illegal gold mining.16 The FARC used guns,
8
8 U.S.C. §1189(a)(2)(A).
9
8 U.S.C. §1189(a)(2)(B)(ii).
10
8 U.S.C. §1189(a)(2)(C)(i).
11
“Foreign Terrorist Organizations (FTOs) are foreign organizations that are designated by the Secretary of State in
accordance with section 219 of the Immigration and Nationality Act (INA), as amended.” The Bureau of Counterterrorism,
U.S. Dep’t of State, Terrorist Designations and State Sponsors of Terrorism, Foreign Terrorist Organizations, available at
https://www.state.gov/foreign-terrorist-organizations/ (last visited Jan. 23, 2023).
12
8 U.S.C. §1189(a)(2)(C).
13
The Office of Foreign Assets Control administers and enforces economic and trade sanctions based on United States
foreign policy and national security goals against entities and individuals engaged in threats to national security foreign
policy, or economy of the U.S., including as targeted foreign countries and regimes, international narcotics traffickers, and
terrorists. United States Department of the Treasury, Office of Foreign Assets Control – Sanctions Programs and Information,
available at https://home.treasury.gov/policy-issues/office-of-foreign-assets-control-sanctions-programs-and-information
(last visited Jan. 23, 2023).
14
United States Department of the Treasury, Frequently Asked Questions – Specially Designated Nationals and SDN List,
available at https://home.treasury.gov/policy-issues/financial-sanctions/faqs/topic/1631 (last visited Jan. 20, 2023).
15
Center for International Security and Cooperation, Stanford University, Mapping Militant Organizations, “Revolutionary
Armed Forces of Columbia,” available at https://cisac.fsi.stanford.edu/mappingmilitants/profiles/revolutionary-armed-
forces-colombia-farc#text_block_17686 (last visited Jan. 24, 2023.)
16
Id.
BILL: CS/SM 160 Page 4
bombs, and homemade mortars in its attacks. In so doing, the group caused significant and
lengthy periods of nationwide destabilization and violence, despite various peace talks and
agreements entered into with the government.17
Expansion
In the 1970s, the group rapidly expanded due to significant revenues generated from narco-
trafficking.18 Although in 1982 the group changed its name to the FARC-EP, or the People’s
Army, the government and media still widely referred to the group as the FARC. During an
agreed to cease-fire between the FARC and the government, in 1985, the FARC co-founded the
political party of the Patriotic Union (UP) with the Columbia Communist Party.19 The UP made
advances in securing both local and national political seats. These political wins were swiftly
retaliated through forced disappearances and assassinations by the Columbian army, right-wing
paramilitaries, and drug gangs. In 1999, in response to more than 3,000 kidnappings perpetrated
by the FARC and a significant spike in homicide rates, 25 percent of Columbia’s entire
population marched in a protest against the FARC. Violence continued, and during the 2002
political season, the FARC kidnapped a presidential candidate. In return, the government ended
the legal status of the UP and the party could no longer participate politically. 20
2016 Peace Accord
The cycle of violence coinciding with intermittent attempts at peace continued until the parties
finally agreed to the 2016 Peace Accord, ending 52 years of conflict since the beginnings of the
FARC. On June 27, 2017, overseen by the United Nations, the FARC officially ended
disarmament, relinquishing 7,132 weapons and 77 of the FARC’s 900 arms stores from the
countryside.21 Considered to have significant impact globally, then-President Juan Manuel-
Santos received the Nobel Peace Prize for his role in the Accord, which concluded a 4-year
negotiation.22
By the date of the Accord, casualties of the long-term conflict totaled a minimum of 260,000
Columbians murdered, 80,000 missing, 20,000 kidnapped, 8.2 million displaced, 9.2 million
government-registered as conflict victims, tens of thousands of recruited child soldiers, and
untallied numbers of victims of torture, including sexual violence.23
Combatant Groups in Columbia Currently in Operation
Although most FARC members have participated in reintegration since the 2016 Peace Accord,
some former members continue to operate as dissidents in splinter groups.24 One such identified
17
Id.
18
Id.
19
Id.
20
Id.
21
Id.
22
Isacson, Adam, Advocacy for Human Rights in the Americas, A Long Way to Go: Implementing Columbia’s Peace Accord
After Five Years (Nov. 23, 2021), available at https://www.wola.org/analysis/a-long-way-to-go-implementing-colombias-
peace-accord-after-five-years/ (last visited Jan. 27, 2023).
23
Id.
24
Pursuant to the Peace Accord 13,000 former FARC members have laid down their weapons. Both splinter groups are
together estimated to have 2,500 members. Bureau of Counterterrorism, U.S. Dep’t of State, Country Reports on Terrorism:
BILL: CS/SM 160 Page 5
group of FARC dissidents is the Segunda Marquetalia, organized in 2019.25 Another splinter
group is the FARC-EP.26 This group consists of former FARC fighters and new recruits.27
Additionally, the National Liberation Army (ELN), the oldest combatant group in Columbia,
currently estimated at 2,300 individuals, remains an active threat.28 The Columbian government
and the ELN are currently engaged in peace talks in Mexico.29
Collectively, these combatant groups continue to engage in bombings, violence against civilian
populations, kidnappings, and attacks against military, police, government, and infrastructure.30
While Venezuela and its border countries have traditionally been home to the combatant group,
Hezbollah, recent sightings indicate its presence in Columbia.31 True to the group’s clandestine
nature, and having used fraudulent means to obtain Columbian citizenship, Hezbollah members
in Columbia portray themselves as legitimate businesspeople.32 Hezbollah’s violent history in
Latin America includes bomb attacks and assassinations.33
U.S. Response to the FARC
In 1997, the Secretary designated the FARC as a Foreign Terrorist Organization.34
In 2000, the United States funded Plan Columbia, a $9 billion United States military aid program
intended to support the Colombian government in defeating the drug trade, reestablishing
authority, and increasing its authority country-wide.35
On December 1, 2021, the Secretary revoked and delisted both the designation of the FARC as a
Foreign Terrorist Organization and its listing as a SDGT.36 As justification for the revocation, the
2020, available at https://www.state.gov/reports/country-reports-on-terrorism-2020/colombia__trashed/ (last visited Jan. 25,
2023).
25
Id.
26
Astrin Suarez & Manuel Rueda, Associated Press, Explainer: What Are Columbia’s Ex-FARC Splinter Groups?, available
at https://apnews.com/article/colombia-united-states-south-america-armed-forces-revolutionary-armed-forces-of-colombia-
492c423824351ff8dc1ed4bba761d200 (last visited Jan. 27, 2023).
27
Id.
28
U.S. Dep’t of State, supra note 24.
29
Mayela Armas & Luis Jaime Acosta, Reuters, Columbia, ELN rebels to resume peace talks in Mexico in February,
available at https://www.reuters.com/world/americas/colombia-eln-rebels-resume-peace-talks-mexico-february-2023-01-21/
(last visited Jan. 27, 2023).
30
U.S. Dep’t of State, supra note 24.
31
Aurora Ortega, The Washington Institute for Near East Policy, Policy Notes, Hezbollah in Columbia Past and Present
Modus Operandi and the Need for Greater Scrutiny (Mar. 2022, No. 119), available at
https://www.washingtoninstitute.org/media/5546?disposition=inline (last visited Jan. 27, 2023).
32
Id. at 2 and 4.
33
Id. at 2.
34
The Secretary of State designated FARC as a Foreign Terrorist Organization October 8, 1997. Bureau of Counterterrorism,
U.S. Dep’t of State, Foreign Terrorist Organizations, available at https://www.state.gov/foreign-terrorist-organizations/ (last
visited Jan. 24, 2023).
35
Center for International Security and Cooperation, supra note 15.
36
The Secretary of State issued his revocation press release November 30, 2021 and delisted FARC as of December 1, 2021.
Antony J. Blinken, Secretary of State, U.S. Dep’t of State, Revocation of the Terrorist Designations of the Revolutionary
Armed Forces of Colombia (FARC) and Additional Terrorist Designations (Nov. 30, 2021), available at
BILL: CS/SM 160 Page 6
Secretary provided that subsequent to the 2016 Peace Accord, the FARC formally dissolved and
disarmed. As such, the FARC no longer exists as a unified organization engaging in terrorism,
nor does it have capacity or intent to do so.37
Concurrent to the revocation of the FARC, the Secretary designated the Revolutionary Armed
Forces of Colombia - People’s Army (FARC-EP) and Segunda Marquetalia, along with their
leaders, as Foreign Terrorist Organizations and as a SDGT.38 The new designations included a
directive to block financial and property assets. As justification, the Secretary provided that the
designation of FARC-EP and Segunda Marquetalia is directed at those who refused to
demobilize and continue to engage in terrorist actions, such as killing former FARC members
and kidnapping and killing political candidates.39
Memorial
A memorial is an official legislative document addressed to the United States Congress, the
President of the United States, or some other governmental entity that expresses the will of the
Legislature on a matter within the jurisdiction of the recipient. A memorial requires passage by
both legislative houses but does not require the Governor’s approval nor is it subject to a veto.
III. Effect of Proposed Changes:
CS/SM 160 is a memorial to the United States Department of State, urging the Secretary to
redesignate the FARC as a Foreign