Florida Senate - 2023 SENATOR AMENDMENT
Bill No. CS for CS for SB 264
Ì708856QÎ708856
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
04/11/2023 04:46 PM .
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Senator Collins moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 250 - 617
4 and insert:
5 ss. 692.201, 692.202, 692.203, 692.204, and 692.205, Florida
6 Statutes, to be entitled “Conveyances to Foreign Entities.”
7 Section 4. Section 692.201, Florida Statutes, is created to
8 read:
9 692.201 Definitions.—As used in this part, the term:
10 (1) “Agricultural land” means land classified as
11 agricultural under s. 193.461.
12 (2) “Critical infrastructure facility” means any of the
13 following, if it employs measures such as fences, barriers, or
14 guard posts that are designed to exclude unauthorized persons:
15 (a) A chemical manufacturing facility.
16 (b) A refinery.
17 (c) An electrical power plant as defined in s. 403.031(20),
18 including a substation, switching station, electrical control
19 center, or electric transmission or distribution facility.
20 (d) A water intake structure, water treatment facility,
21 wastewater treatment plant, or pump station.
22 (e) A natural gas transmission compressor station.
23 (f) A liquid natural gas terminal or storage facility.
24 (g) A telecommunications central switching office.
25 (h) An inland port or other facility or group of facilities
26 serving as a point of intermodal transfer of freight in a
27 specific area physically separated from a seaport.
28 (i) A gas processing plant, including a plant used in the
29 processing, treatment, or fractionation of natural gas.
30 (j) A seaport as listed in s. 311.09.
31 (k) A spaceport territory as defined in s. 331.303(18).
32 (3) “Foreign country of concern” means the People’s
33 Republic of China, the Russian Federation, the Islamic Republic
34 of Iran, the Democratic People’s Republic of Korea, the Republic
35 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
36 Arab Republic, including any agency of or any other entity of
37 significant control of such foreign country of concern.
38 (4) “Foreign principal” means:
39 (a) The government or any official of the government of a
40 foreign country of concern;
41 (b) A political party or member of a political party or any
42 subdivision of a political party in a foreign country of
43 concern;
44 (c) A partnership, association, corporation, organization,
45 or other combination of persons organized under the laws of or
46 having its principal place of business in a foreign country of
47 concern, or a subsidiary of such entity;
48 (d) Any person who is domiciled in a foreign country of
49 concern and is not a citizen or lawful permanent resident of the
50 United States.
51 (5) “Military installation” has the same meaning as in 10
52 U.S.C. s. 2801(c)(4) and includes an armory as defined in s.
53 250.01.
54 (6) “Real property” means land, buildings, fixtures, and
55 all other improvements to land.
56 Section 5. Section 692.202, Florida Statutes, is created to
57 read:
58 692.202 Purchase of agricultural land by foreign principals
59 prohibited.—
60 (1) A foreign principal may not directly or indirectly own
61 or acquire by purchase, grant, devise, or descent agricultural
62 land or any interest, except a de minimus indirect interest, in
63 such land in this state. A foreign principal has a de minimus
64 indirect interest if any ownership in such land is the result of
65 the foreign principal’s ownership of registered equities in a
66 publicly traded company owning the land and if the foreign
67 principal’s ownership interest in the company is less than 5
68 percent of any class of registered equities or less than 5
69 percent in the aggregate in multiple classes of registered
70 equities.
71 (2) A foreign principal that directly or indirectly owns or
72 acquires agricultural land or any interest in such land in this
73 state before July 1, 2023, may continue to own or hold such land
74 or interest, but may not purchase or otherwise acquire by grant,
75 devise, or descent any additional agricultural land or interest
76 in such land in this state.
77 (3)(a) A foreign principal that directly or indirectly owns
78 or acquires agricultural land or any interest in such land in
79 this state before July 1, 2023, must register with the
80 Department of Agriculture and Consumer Services by January 1,
81 2024. The department must establish a form for such
82 registration, which, at minimum, must include all of the
83 following:
84 1. The name of the owner of the agricultural land or the
85 owner of the interest in such land.
86 2. The address of the agricultural land, the property
87 appraiser’s parcel identification number, and the property’s
88 legal description.
89 3. The number of acres of the agricultural land.
90 (b) A foreign principal that fails to timely file a
91 registration with the department is subject to a civil penalty
92 of $1,000 for each day that the registration is late. The
93 department may place a lien against the unregistered
94 agricultural land for the unpaid balance of any penalties
95 assessed under this paragraph.
96 (4) Notwithstanding subsection (1), a foreign principal may
97 acquire agricultural land on or after July 1, 2023, by devise or
98 descent, through the enforcement of security interests, or
99 through the collection of debts, provided that the foreign
100 principal sells, transfers, or otherwise divests itself of the
101 agricultural land within 2 years after acquiring the
102 agricultural land.
103 (5)(a) At the time of purchase, a buyer of agricultural
104 land or an interest in such land must provide an affidavit
105 signed under penalty of perjury attesting that the buyer is:
106 1. Not a foreign principal; and
107 2. In compliance with the requirements of this section.
108 (b) The failure to obtain or maintain the affidavit does
109 not:
110 1. Affect the title or insurability of the title for the
111 agricultural land; or
112 2. Subject the closing agent to civil or criminal
113 liability, unless the closing agent has actual knowledge that
114 the transaction will result in a violation of this section.
115 (c) The Florida Real Estate Commission shall adopt rules to
116 implement this subsection, including rules establishing the form
117 for the affidavit required under this subsection.
118 (6)(a) The agricultural land or an interest in such land
119 that is owned or acquired in violation of this section may be
120 forfeited to the state.
121 (b) The Department of Agriculture and Consumer Services may
122 initiate a civil action in the circuit court of the county in
123 which the property lies for the forfeiture of the agricultural
124 land or any interest therein.
125 (c) Upon filing such action, the clerk must record a lis
126 pendens in accordance with s. 48.23. The court must advance the
127 cause on the calendar. The defendant may at any time petition to
128 modify or discharge the lis pendens based upon a finding that
129 there is no probable cause to believe that the agricultural
130 land, or any portion thereof, is owned or held in violation of
131 this section.
132 (d) If the court finds that the agricultural land, or any
133 portion thereof, is owned or held in violation of this section,
134 the court must enter a final judgment of forfeiture vesting
135 title to the agricultural land in this state, subject only to
136 the rights and interests of bona fide lienholders, and such
137 final judgment relates back to the date of the lis pendens.
138 (e) The department may sell the agricultural land subject
139 to a final judgment of forfeiture. Any proceeds from the sale
140 must first be paid to any lienholders of the land, followed by
141 payment of any outstanding fines assessed pursuant to this
142 section, after which the department must be reimbursed for all
143 costs related to the forfeiture civil action and any costs
144 related to the sale of the land. Any remaining proceeds must be
145 paid to the property owner.
146 (f) At any time during the forfeiture proceeding the
147 department may seek an ex parte order of seizure of the
148 agricultural land upon a showing that the defendant’s control of
149 the agricultural land constitutes a clear and present danger to
150 the state.
151 (7) A foreign principal that purchases or acquires
152 agricultural land or any interest therein in violation of this
153 section commits a misdemeanor of the second degree, punishable
154 as provided in s. 775.082 or s. 775.083.
155 (8) A person who knowingly sells agricultural land or any
156 interest therein in violation of this section commits a
157 misdemeanor of the second degree, punishable as provided in s.
158 775.082 or s. 775.083.
159 (9) The Department of Agriculture and Consumer Services
160 shall adopt rules to implement this section.
161 Section 6. Section 692.203, Florida Statutes, is created to
162 read:
163 692.203 Purchase of real property around military
164 installations and critical infrastructure facilities by foreign
165 principals prohibited.—
166 (1) A foreign principal may not directly or indirectly own
167 or acquire by purchase, grant, devise, or descent any interest,
168 except a de minimus indirect interest, in real property within
169 20 miles of any military installation or critical infrastructure
170 facility in this state. A foreign principal has a de minimus
171 indirect interest if any ownership is the result of the foreign
172 principal’s ownership of registered equities in a publicly
173 traded company owning the land and if the foreign principal’s
174 ownership interest in the company is less than 5 percent of any
175 class of registered equities or less than 5 percent in the
176 aggregate in multiple classes of registered equities.
177 (2) A foreign principal that directly or indirectly owns or
178 acquires any interest in real property within 20 miles of any
179 military installation or critical infrastructure facility in
180 this state before July 1, 2023, may continue to own or hold such
181 real property, but may not purchase or otherwise acquire by
182 grant, devise, or descent any additional real property within 20
183 miles of any military installation or critical infrastructure
184 facility in this state.
185 (3)(a) A foreign principal that owns or acquires real
186 property within 20 miles of any military installation or
187 critical infrastructure facility in this state before July 1,
188 2023, must register with the Department of Economic Opportunity
189 by January 1, 2024. The department must establish a form for
190 such registration which, at a minimum, must include all of the
191 following:
192 1. The name of the owner of the real property.
193 2. The address of the real property, the property
194 appraiser’s parcel identification number, and the property’s
195 legal description.
196 (b) A foreign principal that fails to timely file a
197 registration with the department is subject to a civil penalty
198 of $1,000 for each day that the registration is late. The
199 department may place a lien against the unregistered real
200 property for the unpaid balance of any penalties assessed under
201 this paragraph.
202 (4) Notwithstanding subsection (1), a foreign principal may
203 acquire real property or any interest therein which is within 20
204 miles of any military installation or critical infrastructure
205 facility in this state on or after July 1, 2023, by devise or
206 descent, through the enforcement of security interests, or
207 through the collection of debts, provided that the foreign
208 principal sells, transfers, or otherwise divests itself of such
209 real property within 2 years after acquiring the real property.
210 (5)(a) At the time of purchase, a buyer of the real
211 property that is within 20 miles of any military installation or
212 critical infrastructure facility in this state must provide an
213 affidavit signed under penalty of perjury attesting that the
214 buyer is:
215 1. Not a foreign principal; and
216 2. In compliance with the requirements of this section.
217 (b) The failure to obtain or maintain the affidavit does
218 not:
219 1. Affect the title or insurability of the title for the
220 real property; or
221 2. Subject the closing agent to civil or criminal
222 liability, unless the closing agent has actual knowledge that
223 the transaction will result in a violation of this section.
224 (c) The Florida Real Estate Commission shall adopt rules to
225 implement this subsection, including rules establishing the form
226 for the affidavit required under this subsection.
227 (6)(a) If any real property is owned or acquired in
228 violation of this section, the real property may be forfeited to
229 the state.
230 (b) The Department of Economic Opportunity may initiate a
231 civil action in the circuit court of the county in which the
232 property lies for the forfeiture of the real property or any
233 interest therein.
234 (c) Upon filing such action, the clerk must record a lis
235 pendens in accordance with s. 48.23. The court must advance the
236 cause on the calendar. The defendant may at any time petition to
237 modify or discharge the lis pendens based upon a finding that
238 there is no probable cause to believe that the real property, or
239 any portion thereof, is owned or held in violation of this
240 section.
241 (d) If the court finds that the real property, or any
242 portion thereof, is owned or held in violation of this section,
243 the court must enter a final judgment of forfeiture vesting
244 title to the real property in this state, subject only to the
245 rights and interests of bona fide lienholders, and such final
246 judgment relates back to the date of the lis pendens.
247 (e) The department may sell the real property subject to a
248 final judgment of forfeiture. Any proceeds from the sale must
249 first be paid to any lienholders of the land, followed by
250 payment of any outstanding fines assessed pursuant to this
251 section, after which the department must be reimbursed for all
252 costs related to the forfeiture civil action and any costs
253 related to the sale of the land. Any remaining proceeds must be
254 paid to the property owner.
255 (f) At any time during the forfeiture proceeding the
256 department may seek an ex parte order of seizure of the real
257 property upon a showing that the defendant’s control of the real
258 property constitutes a clear and present danger to the state.
259 (7) A foreign principal that purchases or acquires real
260 property or any interest therein in violation of this section
261 commits a misdemeanor of the second degree, punishable as
262 provided in s. 775.082 or s. 775.083.
263 (8) A person who knowingly sells real property or any
264 interest therein in violation of this section commits a
265 misdemeanor of the second degree, punishable as provided in s.
266 775.082 or s. 775.083.
267 (9) The Department of Economic Opportunity shall adopt
268 rules to implement this section.
269 Section 7. Section 692.204, Florida Statutes, is created to
270 read:
271 692.204 Purchase or acquisition of real property by the
272 People’s Republic of China prohibited.—
273 (1)(a) The following persons or entities may not directly
274 or indirectly own or acquire by purchase, grant, devise, or
275 descent any interest, except a de minimus indirect interest, in
276 real property in this state:
277 1. The People’s Republic of China, the Chinese Communist
278 Party, or any official or member of the People’s Republic of
279 China or the Chinese Communist Party.
280 2. Any other political party or member of a political party
281 or a subdivision of a political party in the People’s Republic
282 of China.
283 3. A partnership, an association, a corporation, an
284 organization, or any other combination of persons organized
285 under the laws of or having its principal place of business in
286 the People’s Republic of China, or a subsidiary of such entity.
287 4. Any person who is domiciled in the People’s Republic of
288 China and who is not a citizen or lawful permanent resident of
289 the United States.
290 (b) A person or entity has a de minimus indirect interest
291 if any ownership is the result of the person’s or entity’s
292 ownership of registered equities in a publicly traded company
293 owning the land and if the person’s or entity’s ownership
294 interest in the company is less than 5 percent of any class of
295 registered equities or less than 5 percent in the aggregate in
296 multiple classes of registered equities.
297 (2) A person or entity described in paragraph (1)(a) that
298 directly or indirectly owns or acquires any interest in real
299 property in this state before July 1, 2023, may continue to own
300 or hold such real property, but may not purchase or otherwise
301 acquire by grant, devise, or descent any additional real
302 property in this state.
303 (3)(a) A person or entity described in paragraph (1)(a)
304 that owns or acquires real property in this state before July 1,
305 2023, must register with the Department of Economic Opportunity
306 by January 1, 2024. The department must establish a form for
307 such registration which, at a minimum, must include all of the
308 following:
309 1. The name of the owner of the real property.
310 2. The address of the real property, the property
311 appraiser’s parcel identification number, and the property’s
312 legal description.
313 (b) A person or entity that fails to timely file a
314 registration with the department is subject to a civil penalty
315 of $1,000 for each day that the registration is late. The
316 department may place a lien against the unregistered real
317 property for the unpaid balance of any penalties assessed under
318 this paragraph.
319 (4) Notwithstanding subsection (1), a person or an entity
320 described in paragraph (1)(a) may acquire real property in this
321 state on or after July 1, 2023, by devise or descent, through
322 the enforcement of security interests, or through the collection
323 of debts, provided that the person or entity sells, transfers,
324 or otherwise divests itself of such real property within 2 years
325 after acquiring the real property, unless the person or entity
326 is exempt under s. 692.205.
327 (5)(a) At the time of purchase, a buyer of real property in
328 this state must provide an affidavit signed under penalty of
329 perjury attesting that the buyer is:
330 1. Not a person or entity described in paragraph (1)(a);
331 and
332 2. In compliance with the requirements of this section.
333 (b) The failure to obtain or maintain the affidavit does
334 not:
335 1. Affect the title or insurability of the title for the
336 real property; or
337 2. Subject the closing agent to civil or criminal
338 liability, unless the closing agent has actual knowledge that
339 the transaction will result in a violation of this section.
340 (c) The Florida Real Estate Commission shall adopt rules to
341 implement this subsection, including rules establishing the form
342 for the affidavit required under this subsection.
343 (6)(a) If any real property is owned or acquired in
344 violation of this section, the real property may be forfeited to
345 the state.
346 (b) The Department of Economic Opportunity may initiate a
347 civil action in the circuit court of the county in which the
348 property lies for the forfeiture of the real property or any
349 interest therein.
350 (c) Upon filing such action, the clerk must record a lis
351 pendens in accordance with s. 48.23. The court must advance the
352 cause on the calendar. The defendant may at any time petition to
353 modify or discharge the lis pendens based upon a finding that
354 there is no probable cause to believe that the real property, or
355 any portion thereof, is owned or held in violation of this
356 section.
357 (d) If the court finds that the real property, or any
358 portion thereof, is owned or held in violation of this section,
359 the court must enter a final judgment of forfeiture vesting
360 title to the real property in this state, subject only to the
361 rights and interests of bona fide lienholders, and such final
362 judgment relates back to the date of the lis pendens.
363 (e) The department may sell the real property subject to a
364 final judgment of forfeiture. Any proceeds from the sale must
365 first be paid to any lienholders of the land, followed by
366 payment of any outstanding fines assessed pursuant to this
367 section, after which the department must be reimbursed for all
368 costs related to the forfeiture civil action and any costs
369 related to the sale of the land. Any remaining proceeds must be
370 paid to the property owner.
371 (f) At any time during the forfeiture proceeding the
372 department may seek an ex parte order of seizure of the real
373 property upon a showing that the defendant’s control of the real
374 property constitutes a clear and present danger to the state.
375 (7) A violation of this section constitutes a felony of the
376 third degree, punishable as provided in s. 775.082, s. 775.083,
377 or s. 775.084.
378 (8) A person who sells real property or any interest
379 therein in violation of this section commits a misdemeanor of
380 the first degree, punishable as provided in s. 775.082 or s.
381 775.083.
382 (9) The Department of Economic Opportunity shall adopt
383 rules to implement this section.
384 Section 8. Section 692.205, Florida Statutes, is created to
385 read:
386 692.205 Inapplicability of this part to real property for
387 diplomatic purposes.—This part does not apply to a foreign
388 principal that acquires real property for a diplomatic purpose
389 that is recognized, acknowledged, or allowed by the Federal
390 Government.
391
392 ================= T I T L E A M E N D M E N T ================
393 And the title is amended as follows:
394 Delete lines 25 - 111
395 and insert:
396 having more than a de minimus indirect interest in
397 such land, and certain real property in this state,
398 respectively; authorizing foreign principals to
399 continue to own or hold such land or property under
400 certain circumstances; requiring certain foreign
401 principals that own or acquire such land or real
402 property to register with a specified department;
403 requiring the Department of Agriculture and Consumer
404 Services and the Department of Economic Opportunity,
405 respectively, to establish a form for such
406 registration; providing civil penalties; authorizing
407 the Department of Agriculture and Consumer Services
408 and the Department of Economic Opportunity to place a
409 lien against unregistered agricultural land or real
410 property, respectively; requiring certain foreign
411 principals to sell, transfer, or otherwise divest
412 themselves of certain agricultural land or real
413 property within a specified timeframe; requiring
414 buyers of such land or property to provide a signed
415 affidavit; specifying that the failure to maintain or
416 obtain the affidavit does not affect the title or
417 insurability of the title for the agricultural land or
418 real property, respectively, or subject the closing
419 agent to certain liability; authorizing the Florida
420 Real Estate Commission to adopt rules; authorizing
421 that certain agricultural land or real property be
422 forfeited to the state; authorizing the Department of
423 Agriculture and Consumer Services and the Department
424 of Economic Opportunity to initiate civil actions for
425 forfeiture of the interest in agricultural land or
426 real property, respectively; requiring that such
427 actions be filed in a certain circuit court; requiring
428 clerks to record a lis pendens; requiring courts to
429 advance the cause on the calendar; authorizing
430 defendants to petition to modify or discharge the lis
431 pendens; requiring the court to enter a specified
432 final judgment under certain circumstances;
433 authorizing the Department of Agriculture and Consumer
434 Services and the Department of Economic Opportunity,
435 respectively, to sell the agricultural land or real
436 property; providing requirements for the proceeds from
437 such sale; authorizing the Department of Agriculture
438 and Consumer Services and the Department of Economic
439 Opportunity, respectively, to seek a specified ex
440 parte order; providing criminal penalties; requiring
441 the Department of Agriculture and Consumer Services
442 and the Department of Economic Opportunity,
443 respectively, to adopt rules; creating s. 692.204,
444 F.S.; prohibiting the People’s Republic of China, the
445 Chinese Communist Party, any other political party or
446 member of a political party in the People’s Republic
447 of China, and certain persons and entities from
448 purchasing or acquiring real property in this state or
449 having more than a de minimus indirect interest in
450 such real property; authorizing such persons and
451 entities to continue to own or hold such real property
452 under certain circumstances; requiring certain persons
453 or entities that own or acquire real property in this
454 state to register with the Department of Economic
455 Opportunity by a specified date; requiring the
456 Department of Economic Opportunity to establish a form
457 for such registration; providing civil penalties;
458 authorizing the Department of Economic Opportunity to
459 place a lien against unregistered real property;
460 requiring certain persons and entities to sell,
461 transfer, or otherwise divest themselves of certain
462 real property within a specified timeframe; requiring
463 buyers of real property to provide a signed affidavit;
464 specifying that the failure to maintain or obtain the
465 affidavit does not affect the title or insurability of
466 the title for the real property or subject the closing
467 agent to certain liability; authorizing the commission
468 to adopt rules; authorizing certain real property to
469 be forfeited to the state; authorizing the Department
470 of Economic Opportunity to initiate civil actions for
471 forfeiture of the interest in real property; requiring
472 such actions to be filed in a certain circuit court;
473 requiring clerks to record a lis pendens; requiring
474 courts to advance the cause on the calendar;
475 authorizing defendants to petition to modify or
476 discharge the lis pendens; requiring the court to
477 enter a specified final judgment under certain
478 circumstances; authorizing the Department of Economic
479 Opportunity to sell the real property; providing
480 requirements for the proceeds from such sale;
481 authorizing the Department of Economic Opportunity to
482 seek a specified ex parte order; providing criminal
483 penalties; requiring the Department of Economic
484 Opportunity to adopt rules; creating s. 692.205, F.S.;
485 providing an exception from ownership restrictions and
486 registration requirements for real property that is
487 used for diplomatic purposes; amending s. 408.051,
488 F.S.;