Florida Senate - 2023 SENATOR AMENDMENT Bill No. CS/CS/SB 264, 1st Eng. Ì790990?Î790990 LEGISLATIVE ACTION Senate . House . . . Floor: AD/RM . Floor: C 05/04/2023 05:47 PM . 05/04/2023 06:43 PM ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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: 53 692.202 Purchase 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: 164 692.203 Purchase 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: 301 692.204 Purchase 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