Florida Senate - 2023                          SENATOR AMENDMENT
       Bill No. CS/CS/SB 264, 1st Eng.
       
       
       
       
       
       
                                Ì790990?Î790990                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                 Floor: AD/RM          .            Floor: C            
             05/04/2023 05:47 PM       .      05/04/2023 06:43 PM       
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       Senator Collins moved the following:
       
       
    1         Senate Amendment to House Amendment (048607) (with title
    2  amendment)
    3  
    4         Delete lines 5 - 377
    5  and insert:
    6         (2) “Critical infrastructure facility” means any of the
    7  following, if it employs measures such as fences, barriers, or
    8  guard posts that are designed to exclude unauthorized persons:
    9         (a) A chemical manufacturing facility.
   10         (b) A refinery.
   11         (c) An electrical power plant as defined in s. 403.031(20).
   12         (d) A water treatment facility or wastewater treatment
   13  plant.
   14         (e) A liquid natural gas terminal.
   15         (f) A telecommunications central switching office.
   16         (g) A gas processing plant, including a plant used in the
   17  processing, treatment, or fractionation of natural gas.
   18         (h)A seaport as listed in s. 311.09.
   19         (i) A spaceport territory as defined in s. 331.303(18).
   20         (j)An airport as defined in s. 333.01.
   21         (3)“Foreign country of concern” means the People’s
   22  Republic of China, the Russian Federation, the Islamic Republic
   23  of Iran, the Democratic People’s Republic of Korea, the Republic
   24  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
   25  Arab Republic, including any agency of or any other entity of
   26  significant control of such foreign country of concern.
   27         (4)“Foreign principal” means:
   28         (a)The government or any official of the government of a
   29  foreign country of concern;
   30         (b)A political party or member of a political party or any
   31  subdivision of a political party in a foreign country of
   32  concern;
   33         (c)A partnership, association, corporation, organization,
   34  or other combination of persons organized under the laws of or
   35  having its principal place of business in a foreign country of
   36  concern, or a subsidiary of such entity; or
   37         (d)Any person who is domiciled in a foreign country of
   38  concern and is not a citizen or lawful permanent resident of the
   39  United States.
   40         (e)Any person, entity, or collection of persons or
   41  entities, described in paragraphs (a) through (d) having a
   42  controlling interest in a partnership, association, corporation,
   43  organization, trust, or any other legal entity or subsidiary
   44  formed for the purpose of owning real property in this state.
   45         (5)“Military installation” means a base, camp, post,
   46  station, yard, or center encompassing at least 10 contiguous
   47  acres that is under the jurisdiction of the Department of
   48  Defense or its affiliates.
   49         (6)“Real property” means land, buildings, fixtures, and
   50  all other improvements to land.
   51         Section 5. Section 692.202, Florida Statutes, is created to
   52  read:
   53         692.202Purchase of agricultural land by foreign principals
   54  prohibited.—
   55         (1)A foreign principal may not directly or indirectly own,
   56  have a controlling interest in, or acquire by purchase, grant,
   57  devise, or descent agricultural land or any interest, except a
   58  de minimus indirect interest, in such land in this state. A
   59  foreign principal has a de minimus indirect interest if any
   60  ownership is the result of the foreign principal’s ownership of
   61  registered equities in a publicly traded company owning the land
   62  and if the foreign principal’s ownership interest in the company
   63  is either:
   64         (a)Less than 5 percent of any class of registered equities
   65  or less than 5 percent in the aggregate in multiple classes of
   66  registered equities; or
   67         (b)A noncontrolling interest in an entity controlled by a
   68  company that is both registered with the United States
   69  Securities and Exchange Commission as an investment adviser
   70  under the Investment Advisers Act of 1940, as amended, and is
   71  not a foreign entity.
   72         (2)A foreign principal that directly or indirectly owns or
   73  acquires agricultural land or any interest in such land in this
   74  state before July 1, 2023, may continue to own or hold such land
   75  or interest, but may not purchase or otherwise acquire by grant,
   76  devise, or descent any additional agricultural land or interest
   77  in such land in this state.
   78         (3)(a)A foreign principal that directly or indirectly owns
   79  or acquires agricultural land or any interest in such land in
   80  this state before July 1, 2023, must register with the
   81  Department of Agriculture and Consumer Services by January 1,
   82  2024. The department must establish a form for such
   83  registration, which, at minimum, must include all of the
   84  following:
   85         1.The name of the owner of the agricultural land or the
   86  owner of the interest in such land.
   87         2.The address of the agricultural land, the property
   88  appraiser’s parcel identification number, and the property’s
   89  legal description.
   90         3.The number of acres of the agricultural land.
   91         (b)A foreign principal that fails to timely file a
   92  registration with the department is subject to a civil penalty
   93  of $1,000 for each day that the registration is late. The
   94  department may place a lien against the unregistered
   95  agricultural land for the unpaid balance of any penalties
   96  assessed under this paragraph.
   97         (4)Notwithstanding subsection (1), a foreign principal may
   98  acquire agricultural land on or after July 1, 2023, by devise or
   99  descent, through the enforcement of security interests, or
  100  through the collection of debts, provided that the foreign
  101  principal sells, transfers, or otherwise divests itself of the
  102  agricultural land within 3 years after acquiring the
  103  agricultural land.
  104         (5)(a)At the time of purchase, a buyer of agricultural
  105  land or an interest in such land must provide an affidavit
  106  signed under penalty of perjury attesting that the buyer is:
  107         1.Not a foreign principal; and
  108         2.In compliance with the requirements of this section.
  109         (b)The failure to obtain or maintain the affidavit does
  110  not:
  111         1.Affect the title or insurability of the title for the
  112  agricultural land; or
  113         2.Subject the closing agent to civil or criminal
  114  liability, unless the closing agent has actual knowledge that
  115  the transaction will result in a violation of this section.
  116         (c)The Florida Real Estate Commission shall adopt rules to
  117  implement this subsection, including rules establishing the form
  118  for the affidavit required under this subsection.
  119         (6)(a)The agricultural land or an interest in such land
  120  that is owned or acquired in violation of this section may be
  121  forfeited to the state.
  122         (b)The Department of Agriculture and Consumer Services may
  123  initiate a civil action in the circuit court of the county in
  124  which the property lies for the forfeiture of the agricultural
  125  land or any interest therein.
  126         (c)Upon filing such action, the clerk must record a lis
  127  pendens in accordance with s. 48.23. The court must advance the
  128  cause on the calendar. The defendant may at any time petition to
  129  modify or discharge the lis pendens based upon a finding that
  130  there is no probable cause to believe that the agricultural
  131  land, or any portion thereof, is owned or held in violation of
  132  this section.
  133         (d)If the court finds that the agricultural land, or any
  134  portion thereof, is owned or held in violation of this section,
  135  the court must enter a final judgment of forfeiture vesting
  136  title to the agricultural land in this state, subject only to
  137  the rights and interests of bona fide lienholders, and such
  138  final judgment relates back to the date of the lis pendens.
  139         (e)The department may sell the agricultural land subject
  140  to a final judgment of forfeiture. Any proceeds from the sale
  141  must first be paid to any lienholders of the land, followed by
  142  payment of any outstanding fines assessed pursuant to this
  143  section, after which the department must be reimbursed for all
  144  costs related to the forfeiture civil action and any costs
  145  related to the sale of the land. Any remaining proceeds must be
  146  paid to the property owner.
  147         (f)At any time during the forfeiture proceeding the
  148  department may seek an ex parte order of seizure of the
  149  agricultural land upon a showing that the defendant’s control of
  150  the agricultural land constitutes a clear and present danger to
  151  the state.
  152         (7)A foreign principal that purchases or acquires
  153  agricultural land or any interest therein in violation of this
  154  section commits a misdemeanor of the second degree, punishable
  155  as provided in s. 775.082 or s. 775.083.
  156         (8)A person who knowingly sells agricultural land or any
  157  interest therein in violation of this section commits a
  158  misdemeanor of the second degree, punishable as provided in s.
  159  775.082 or s. 775.083.
  160         (9)The Department of Agriculture and Consumer Services
  161  shall adopt rules to implement this section.
  162         Section 6. Section 692.203, Florida Statutes, is created to
  163  read:
  164         692.203Purchase of real property on or around military
  165  installations or critical infrastructure facilities by foreign
  166  principals prohibited.—
  167         (1)A foreign principal may not directly or indirectly own,
  168  or have a controlling interest in, or acquire by purchase,
  169  grant, devise, or descent any interest, except a de minimus
  170  indirect interest, in real property on or within 10 miles of any
  171  military installation or critical infrastructure facility in
  172  this state. A foreign principal has a de minimus indirect
  173  interest if any ownership is the result of the foreign
  174  principal’s ownership of registered equities in a publicly
  175  traded company owning the land and if the foreign principal’s
  176  ownership interest in the company is either:
  177         (a)Less than 5 percent of any class of registered equities
  178  or less than 5 percent in the aggregate in multiple classes of
  179  registered equities; or
  180         (b)A noncontrolling interest in an entity controlled by a
  181  company that is both registered with the United States
  182  Securities and Exchange Commission as an investment adviser
  183  under the Investment Advisers Act of 1940, as amended, and is
  184  not a foreign entity.
  185         (2)A foreign principal that directly or indirectly owns or
  186  acquires any interest in real property on or within 10 miles of
  187  any military installation or critical infrastructure facility in
  188  this state before July 1, 2023, may continue to own or hold such
  189  real property, but may not purchase or otherwise acquire by
  190  grant, devise, or descent any additional real property on or
  191  within 10 miles of any military installation or critical
  192  infrastructure facility in this state.
  193         (3)(a)A foreign principal must register with the
  194  Department of Economic Opportunity if the foreign principal owns
  195  or acquires real property on or within 10 miles of any military
  196  installation or critical infrastructure facility in this state
  197  as authorized under subsection (4) or if the foreign principal
  198  owned or acquired an interest, other than a de minimus indirect
  199  interest, in such property before July 1, 2023. The department
  200  must establish a form for such registration which, at a minimum,
  201  must include all of the following:
  202         1.The name of the owner of the real property.
  203         2.The address of the real property, the property
  204  appraiser’s parcel identification number, and the property’s
  205  legal description.
  206         (b)A foreign principal that fails to timely file a
  207  registration with the department is subject to a civil penalty
  208  of $1,000 for each day that the registration is late. A foreign
  209  principal must register a property interest owned before July 1,
  210  2023, by December 31, 2023. The registration is considered to be
  211  late after January 31, 2024. A foreign principal who owns or
  212  acquires real property on or after July 1, 2023, as authorized
  213  under subsection (4), must register the real property within 30
  214  days after the property is owned or acquired. The department may
  215  place a lien against the unregistered real property for the
  216  unpaid balance of any penalties assessed under this paragraph.
  217         (4)Notwithstanding subsection (1) a foreign principal who
  218  is a natural person may purchase one residential real property
  219  that is up to 2 acres in size if all of the following apply:
  220         (a)The parcel is not on or within 5 miles of any military
  221  installation in this state.
  222         (b)The person has a current verified United States Visa
  223  that is not limited to authorizing tourist-based travel or
  224  official documentation confirming that the person has been
  225  granted asylum in the United States, and such visa or
  226  documentation authorizes the person to be legally present within
  227  this state.
  228         (c)The purchase is in the name of the person who holds the
  229  visa or official documentation described in paragraph (b).
  230         (5)Notwithstanding subsections (1) and (2), a foreign
  231  principal may acquire real property or any interest therein
  232  which is on or within 10 miles of any military installation or
  233  critical infrastructure facility in this state on or after July
  234  1, 2023, by devise or descent, through the enforcement of
  235  security interests, or through the collection of debts, provided
  236  that the foreign principal sells, transfers, or otherwise
  237  divests itself of such real property within 3 years after
  238  acquiring the real property.
  239         (6)(a)At the time of purchase, a buyer of the real
  240  property that is on or within 10 miles of any military
  241  installation or critical infrastructure facility in this state
  242  must provide an affidavit signed under penalty of perjury
  243  attesting that the buyer is:
  244         1.Not a foreign principal or not a foreign principal
  245  prohibited from purchasing the subject real property; and
  246         2.In compliance with the requirements of this section.
  247         (b)The failure to obtain or maintain the affidavit does
  248  not:
  249         1.Affect the title or insurability of the title for the
  250  real property; or
  251         2.Subject the closing agent to civil or criminal
  252  liability, unless the closing agent has actual knowledge that
  253  the transaction will result in a violation of this section.
  254         (c)The Florida Real Estate Commission shall adopt rules to
  255  implement this subsection, including rules establishing the form
  256  for the affidavit required under this subsection.
  257         (7)(a)If any real property is owned or acquired in
  258  violation of this section, the real property may be forfeited to
  259  the state.
  260         (b)The Department of Economic Opportunity may initiate a
  261  civil action in the circuit court of the county in which the
  262  property lies for the forfeiture of the real property or any
  263  interest therein.
  264         (c)Upon filing such action, the clerk must record a lis
  265  pendens in accordance with s. 48.23. The court must advance the
  266  cause on the calendar. The defendant may at any time petition to
  267  modify or discharge the lis pendens based upon a finding that
  268  there is no probable cause to believe that the real property, or
  269  any portion thereof, is owned or held in violation of this
  270  section.
  271         (d)If the court finds that the real property, or any
  272  portion thereof, is owned or held in violation of this section,
  273  the court must enter a final judgment of forfeiture vesting
  274  title to the real property in this state, subject only to the
  275  rights and interests of bona fide lienholders, and such final
  276  judgment relates back to the date of the lis pendens.
  277         (e)The department may sell the real property subject to a
  278  final judgment of forfeiture. Any proceeds from the sale must
  279  first be paid to any lienholders of the land, followed by
  280  payment of any outstanding fines assessed pursuant to this
  281  section, after which the department must be reimbursed for all
  282  costs related to the forfeiture civil action and any costs
  283  related to the sale of the land. Any remaining proceeds must be
  284  paid to the property owner.
  285         (f)At any time during the forfeiture proceeding the
  286  department may seek an ex parte order of seizure of the real
  287  property upon a showing that the defendant’s control of the real
  288  property constitutes a clear and present danger to the state.
  289         (8)A foreign principal that purchases or acquires real
  290  property or any interest therein in violation of this section
  291  commits a misdemeanor of the second degree, punishable as
  292  provided in s. 775.082 or s. 775.083.
  293         (9)A person who knowingly sells real property or any
  294  interest therein in violation of this section commits a
  295  misdemeanor of the second degree, punishable as provided in s.
  296  775.082 or s. 775.083.
  297         (10)The Department of Economic Opportunity shall adopt
  298  rules to implement this section.
  299         Section 7. Section 692.204, Florida Statutes, is created to
  300  read:
  301         692.204Purchase or acquisition of real property by the
  302  People’s Republic of China prohibited.—
  303         (1)(a)The following persons or entities may not directly
  304  or indirectly own, have a controlling interest in, or acquire by
  305  purchase, grant, devise, or descent any interest, except a de
  306  minimus indirect interest, in real property in this state:
  307         1.The People’s Republic of China, the Chinese Communist
  308  Party, or any official or member of the People’s Republic of
  309  China or the Chinese Communist Party.
  310         2.Any other political party or member of a political party
  311  or a subdivision of a political party in the People’s Republic
  312  of China.
  313         3.A partnership, an association, a corporation, an
  314  organization, or any other combination of persons organized
  315  under the laws of or having its principal place of business in
  316  the People’s Republic of China, or a subsidiary of such entity.
  317         4.Any person who is domiciled in the People’s Republic of
  318  China and who is not a citizen or lawful permanent resident of
  319  the United States.
  320         5.Any person, entity, or collection of persons or entities
  321  described in subparagraphs 1. through 4. having a controlling
  322  interest in a partnership, association, corporation,
  323  organization, trust, or any other legal entity or subsidiary
  324  formed for the purpose of owning real property in this state.
  325         (b)A person or entity has a de minimus indirect interest
  326  if any ownership is the result of the person’s or entity’s
  327  ownership of registered equities in a publicly traded company
  328  owning the land and if the person’s or entity’s ownership
  329  interest in the company is either:
  330         1.Less than 5 percent of any class of registered equities
  331  or less than 5 percent in the aggregate in multiple classes of
  332  registered equities; or
  333         2.A noncontrolling interest in an entity controlled by a
  334  company that is both registered with the United States
  335  Securities and Exchange Commission as an investment adviser
  336  under the Investment Advisers Act of 1940, as amended, and is
  337  not a foreign entity.
  338         (2)Notwithstanding subsection (1), a natural person
  339  described in paragraph (1)(a) may purchase one residential real
  340  property that is up to 2 acres in size if all of the following
  341  apply:
  342         (a)The parcel is not on or within 5 miles of any military
  343  installation in this state.
  344         (b)The person has a current verified United States Visa
  345  that is not limited to authorizing tourist-based travel or
  346  official documentation confirming that the person has been
  347  granted asylum in the United States and such visa or
  348  documentation authorizes the person to be legally present within
  349  this state.
  350         (c)The purchase is in the name of the person who holds the
  351  visa or official documentation described in paragraph (b).
  352         (3) A person or entity described in paragraph (1)(a) that
  353  directly or indirectly owns or acquires any interest in real
  354  property in this state before July 1, 2023, may continue to own
  355  or hold such real property, but may not purchase or otherwise
  356  acquire by grant, devise, or descent any additional real
  357  property in this state.
  358         (4)(a) A person or entity described in paragraph (1)(a),
  359  subsection (2), or subsection (5) must register with the
  360  Department of Economic Opportunity if the person or entity owns
  361  or acquires more than a de minimus indirect interest in real
  362  property in this state. The department must establish a form for
  363  such registration which, at a minimum, must include all of the
  364  following:
  365         1. The name of the owner of the real property.
  366         2. The address of the real property, the property
  367  appraiser’s parcel identification number, and the property’s
  368  legal description.
  369         (b) A person or entity that fails to timely file a
  370  registration with the department is subject to a civil penalty
  371  of $1,000 for each day that the registration is late. The person
  372  or entity subject to the registration requirements must register
  373  the property or property interests owned or acquired before July
  374  1, 2023, by December 31, 2023. The registration is considered to
  375  be late 30 days after January 31, 2024. A person or entity that
  376  owns or acquires real property or an interest in real property
  377  as authorized under subsection (2) or subsection (5), other than
  378  an de minimus indirect interest, on or after July 1, 2023, must
  379  register the real property or interest within 30 days after the
  380  property or interest is owned or acquired. The department may
  381  place a lien against the unregistered real property for the
  382  unpaid balance of any penalties assessed under this paragraph.
  383         (5) Notwithstanding subsection (1), a person or an entity
  384  described in paragraph (1)(a) may acquire real property in this
  385  state on or after July 1, 2023, by devise or descent, through
  386  the enforcement of security interests, or through the collection
  387  of debts, provided that the person or entity sells, transfers,
  388  or otherwise divests itself of such real property within 3 years
  389  after acquiring the real property, unless the person or entity
  390  is exempt under s. 692.205.
  391         (6)(a) At the time of purchase, a buyer of real property in
  392  this state must provide an affidavit signed under penalty of
  393  perjury attesting that the buyer is:
  394         1. Not a person or entity described in paragraph (1)(a) or
  395  that the buyer is a person described in paragraph (1)(a) but is
  396  authorized under subsection (2) to purchase the subject
  397  property; and
  398         2. In compliance with the requirements of this section.
  399         (b) The failure to obtain or maintain the affidavit does
  400  not:
  401         1. Affect the title or insurability of the title for the
  402  real property; or
  403         2. Subject the closing agent to civil or criminal
  404  liability, unless the closing agent has actual knowledge that
  405  the transaction will result in a violation of this section.
  406         (c) The Florida Real Estate Commission shall adopt rules to
  407  implement this subsection, including rules establishing the form
  408  for the affidavit required under this subsection.
  409         (7)(a) If any real property is owned or acquired in
  410  violation of this section, the real property may be forfeited to
  411  the state.
  412         (b) The Department of Economic Opportunity may initiate a
  413  civil action in the circuit court of the county in which the
  414  property lies for the forfeiture of the real property or any
  415  interest therein.
  416         (c) Upon filing such action, the clerk must record a lis
  417  pendens in accordance with s. 48.23. The court must advance the
  418  cause on the calendar. The defendant may at any time petition to
  419  modify or discharge the lis pendens based upon a finding that
  420  there is no probable cause to believe that the real property, or
  421  any portion thereof, is owned or held in violation of this
  422  section.
  423         (d) If the court finds that the real property, or any
  424  portion thereof, is owned or held in violation of this section,
  425  the court must enter a final judgment of forfeiture vesting
  426  title to the real property in this state, subject only to the
  427  rights and interests of bona fide lienholders, and such final
  428  judgment relates back to the date of the lis pendens.
  429         (e) The department may sell the real property subject to a
  430  final judgment of forfeiture. Any proceeds from the sale must
  431  first be paid to any lienholders of the land, followed by
  432  payment of any outstanding fines assessed pursuant to this
  433  section, after which the department must be reimbursed for all
  434  costs related to the forfeiture civil action and any costs
  435  related to the sale of the land. Any remaining proceeds must be
  436  paid to the property owner.
  437         (f) At any time during the forfeiture proceeding the
  438  department may seek an ex parte order of seizure of the real
  439  property upon a showing that the defendant’s control of the real
  440  property constitutes a clear and present danger to the state.
  441         (8) A violation of this section constitutes a felony of the
  442  third degree, punishable as provided in s. 775.082, s. 775.083,
  443  or s. 775.084.
  444         (9) A person who knowingly sells real property or any
  445  interest therein in violation of this section commits a
  446  misdemeanor of the first degree, punishable as provided in s.
  447  775.082 or s. 775.083.
  448         (10) The Department of Economic Opportunity shall adopt
  449  rules to implement this section.
  450  
  451  ================= T I T L E  A M E N D M E N T ================
  452  And the title is amended as follows:
  453         Delete lines 382 - 437
  454  and insert:
  455         respectively; providing exceptions from ownership
  456         restrictions; authorizing foreign principals to
  457         continue to own or hold such land or property under
  458         certain circumstances; requiring certain foreign
  459         principals that own or acquire such land or real
  460         property to register with a specified department;
  461         requiring the Department of Agriculture and Consumer
  462         Services and the Department of Economic Opportunity,
  463         respectively, to establish a form for such
  464         registration; providing civil penalties; authorizing
  465         the Department of Agriculture and Consumer Services
  466         and the Department of Economic Opportunity to place a
  467         lien against unregistered agricultural land or real
  468         property, respectively; requiring certain foreign
  469         principals to sell, transfer, or otherwise divest
  470         themselves of certain agricultural land or real
  471         property within a specified timeframe; requiring
  472         buyers of such land or property to provide a signed
  473         affidavit; specifying that the failure to maintain or
  474         obtain the affidavit does not affect the title or
  475         insurability of the title for the agricultural land or
  476         real property, respectively, or subject the closing
  477         agent to certain liability; authorizing the Florida
  478         Real Estate Commission to adopt rules; authorizing
  479         that certain agricultural land or real property be
  480         forfeited to the state; authorizing the Department of
  481         Agriculture and Consumer Services and the Department
  482         of Economic Opportunity to initiate civil actions for
  483         forfeiture of the interest in agricultural land or
  484         real property, respectively; requiring that such
  485         actions be filed in a certain circuit court; requiring
  486         clerks to record a lis pendens; requiring courts to
  487         advance the cause on the calendar; authorizing
  488         defendants to petition to modify or discharge the lis
  489         pendens; requiring the court to enter a specified
  490         final judgment under certain circumstances;
  491         authorizing the Department of Agriculture and Consumer
  492         Services and the Department of Economic Opportunity,
  493         respectively, to sell the agricultural land or real
  494         property; providing requirements for the proceeds from
  495         such sale; authorizing the Department of Agriculture
  496         and Consumer Services and the Department of Economic
  497         Opportunity, respectively, to seek a specified ex
  498         parte order; providing criminal penalties; requiring
  499         the Department of Agriculture and Consumer Services
  500         and the Department of Economic Opportunity,
  501         respectively, to adopt rules; creating s. 692.204,
  502         F.S.; prohibiting the People’s Republic of China, the
  503         Chinese Communist Party, any other political party or
  504         member of a political party in the People’s Republic
  505         of China, and certain persons and entities from
  506         purchasing or acquiring real property in this state or
  507         having more than a de minimus indirect interest in
  508         such real property; providing exceptions from
  509         ownership restrictions; authorizing such persons and