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.;