Florida Senate - 2023 SB 264
By Senator Collins
14-01842F-23 2023264__
1 A bill to be entitled
2 An act relating to interests of foreign countries;
3 creating s. 287.138, F.S.; defining terms; prohibiting
4 governmental entities from knowingly entering into
5 certain contracts; prohibiting governmental entities
6 from taking specified actions after a specified date
7 relating to contracts that give certain access to
8 personal identifying information; providing an
9 exception; authorizing the Attorney General to bring a
10 civil action; providing penalties; requiring penalties
11 to be deposited into the General Revenue Fund;
12 requiring the Department of Management Services to
13 adopt rules; creating s. 288.007, F.S.; defining
14 terms; prohibiting governmental entities from
15 knowingly entering into certain contracts; requiring
16 government entities to require an affidavit from
17 applicants before providing any economic incentive;
18 requiring the Department of Economic Opportunity to
19 adopt rules; providing a directive to the Division of
20 Law Revision to create part III of ch. 692, F.S., to
21 be entitled “Conveyances to Foreign Entities”;
22 creating s. 692.201, F.S.; defining terms; creating
23 ss. 692.202 and 692.203, F.S.; prohibiting foreign
24 principals from purchasing agricultural land, or
25 interest in such land, and certain real property in
26 the state, respectively; authorizing foreign
27 principals to continue to own or hold such land or
28 property under certain circumstances; requiring
29 certain foreign principals that own or acquire such
30 land or real property to register with a specified
31 department; requiring the Department of Agriculture
32 and Consumer Services and the Department of Economic
33 Opportunity, respectively, to establish a form for
34 such registration; providing civil penalties;
35 authorizing the Department of Agriculture and Consumer
36 Services and the Department of Economic Opportunity to
37 place a lien against unregistered agricultural land or
38 real property, respectively; requiring certain foreign
39 principals to sell, transfer, or otherwise divest
40 themselves of certain agricultural land or real
41 property within a specified timeframe; requiring
42 buyers of such land or property to provide a signed
43 affidavit; specifying that the failure to maintain or
44 obtain the affidavit does not affect the title or
45 insurability of the title for the agricultural land or
46 real property, respectively; authorizing the Florida
47 Real Estate Commission to adopt rules; authorizing
48 certain agricultural land or real property to be
49 forfeited to the state; authorizing the Department of
50 Agriculture and Consumer Services and the Department
51 of Economic Opportunity to initiate civil actions for
52 forfeiture of the interest in agricultural land or
53 real property, respectively; requiring such actions to
54 be filed in a certain circuit court; requiring clerks
55 to record a lis pendens; requiring courts to advance
56 the cause on the calendar; authorizing defendants to
57 petition to modify or discharge the lis pendens;
58 requiring the court to enter a specified final
59 judgment under certain circumstances; authorizing the
60 Department of Agriculture and Consumer Services and
61 the Department of Economic Opportunity, respectively,
62 to sell the agricultural land or real property;
63 providing requirements for the proceeds from such
64 sale; authorizing the Department of Agriculture and
65 Consumer Services and the Department of Economic
66 Opportunity, respectively, to seek a specified ex
67 parte order; providing criminal penalties; requiring
68 the Department of Agriculture and Consumer Services
69 and the Department of Economic Opportunity,
70 respectively, to adopt rules; creating s. 692.204,
71 F.S.; prohibiting the People’s Republic of China, the
72 Chinese Communist Party, any other political party or
73 member of a political party in the People’s Republic
74 of China, and certain persons and entities from
75 purchasing or acquiring real property in the state;
76 providing an exception; authorizing such persons and
77 entities to continue to own or hold such real property
78 under certain circumstances; requiring certain persons
79 or entities that own or acquire real property in the
80 state to register with the Department of Economic
81 Opportunity by a specified date; requiring the
82 Department of Economic Opportunity to establish a form
83 for such registration; providing civil penalties;
84 authorizing the Department of Economic Opportunity to
85 place a lien against unregistered real property;
86 requiring certain persons and entities to sell,
87 transfer, or otherwise divest themselves of certain
88 real property within a specified timeframe; requiring
89 buyers of real property to provide a signed affidavit;
90 specifying that the failure to maintain or obtain the
91 affidavit does not affect the title or insurability of
92 the title for the real property; authorizing the
93 commission to adopt rules; authorizing certain real
94 property to be forfeited to the state; authorizing the
95 Department of Economic Opportunity to initiate civil
96 actions for forfeiture of the interest in real
97 property; requiring such actions to be filed in a
98 certain circuit court; requiring clerks to record a
99 lis pendens; requiring courts to advance the cause on
100 the calendar; authorizing defendants to petition to
101 modify or discharge the lis pendens; requiring the
102 court to enter a specified final judgment under
103 certain circumstances; authorizing the Department of
104 Economic Opportunity to sell the real property;
105 providing requirements for the proceeds from such
106 sale; authorizing the Department of Economic
107 Opportunity to seek a specified ex parte order;
108 providing criminal penalties; requiring the Department
109 of Economic Opportunity to adopt rules; amending s.
110 408.051, F.S.; defining the terms “cloud computing”
111 and “health care provider”; requiring that certain
112 information held by health care providers that utilize
113 certified electronic health record technology be
114 maintained in the continental United States; providing
115 applicability; amending s. 408.810, F.S.; requiring a
116 licensee to sign a specified affidavit upon initial
117 application for a license and any renewal
118 applications; authorizing disciplinary action by the
119 Agency for Health Care Administration; prohibiting a
120 person or entity that possesses a controlling interest
121 from holding an interest in certain entities;
122 providing definitions; amending s. 836.05, F.S.;
123 providing enhanced criminal penalties for threatening
124 a person while acting as a foreign agent with the
125 intent of benefiting a foreign country of concern;
126 providing an effective date.
127
128 Be It Enacted by the Legislature of the State of Florida:
129
130 Section 1. Section 287.138, Florida Statutes, is created to
131 read:
132 287.138 Contracting with entities of foreign countries of
133 concern prohibited.—
134 (1) As used in this section, the term:
135 (a) “Controlling interest” means possession of the power to
136 direct or cause the direction of the management or policies of a
137 company, whether through ownership of securities, by contract,
138 or otherwise. A person or entity that directly or indirectly has
139 the right to vote 25 percent or more of the voting interests of
140 the company or is entitled to 25 percent or more of its profits
141 is presumed to possess a controlling interest.
142 (b) “Department” means the Department of Management
143 Services.
144 (c) “Foreign country of concern” means the People’s
145 Republic of China, the Russian Federation, the Islamic Republic
146 of Iran, the Democratic People’s Republic of Korea, the Republic
147 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
148 Arab Republic, including any agency of or any other entity of
149 significant control of such foreign country of concern.
150 (d) “Governmental entity” means any state, county,
151 district, authority, or municipal officer, department, division,
152 board, bureau, commission, or other separate unit of government
153 created or established by law including, but not limited to, the
154 Commission on Ethics, the Public Service Commission, the Office
155 of Public Counsel, and any other public or private agency,
156 person, partnership, corporation, or business entity acting on
157 behalf of any public agency.
158 (2) A governmental entity may not knowingly enter into a
159 contract with an entity which would give access to an
160 individual’s personal identifying information if:
161 (a) The entity is owned by the government of a foreign
162 country of concern;
163 (b) The government of a foreign country of concern has a
164 controlling interest in the entity; or
165 (c) The entity is organized under the laws of or has its
166 principal place of business in a foreign country of concern.
167 (3) Beginning July 1, 2025, a governmental entity may not
168 extend or renew a contract with an entity listed in paragraphs
169 (2)(a)-(c) if the contract would give such entity access to an
170 individual’s personal identifying information.
171 (4)(a) Beginning January 1, 2024, a governmental entity may
172 not accept a bid on, a proposal for, or a reply to, or enter
173 into, a contract with an entity which would grant the entity
174 access to an individual’s personal identifying information
175 unless the entity provides the governmental entity with an
176 affidavit signed by an officer or representative of the entity
177 under penalty of perjury attesting that the entity does not meet
178 any of the criteria in paragraphs (2)(a)-(c).
179 (b) Beginning July 1, 2025, when an entity extends or
180 renews a contract with a governmental entity which would grant
181 the entity access to an individual’s personal identifying
182 information, the entity must provide the governmental entity
183 with an affidavit signed by an officer or representative of the
184 entity under penalty of perjury attesting that the entity does
185 not meet any of the criteria in paragraphs (2)(a)-(c).
186 (5) The Attorney General may bring a civil action in any
187 court of competent jurisdiction against an entity that violates
188 this section. Violations of this section may result in:
189 (a) A civil penalty equal to twice the amount of the
190 contract for which the entity submitted a bid or proposal for,
191 replied to, or entered into;
192 (b) Ineligibility to enter into, renew, or extend any
193 contract, including any grant agreements, with any governmental
194 entity for up to 5 years;
195 (c) Ineligibility to receive or renew any license,
196 certification, or credential issued by a governmental entity for
197 up to 5 years; and
198 (d) Placement on the suspended vendor list pursuant to s.
199 287.1351.
200 (6) Any penalties collected under subsection (5) must be
201 deposited into the General Revenue Fund.
202 (7) The department shall adopt rules to implement this
203 section, including rules establishing the form for the affidavit
204 required under subsection (4).
205 Section 2. Section 288.007, Florida Statutes, is created to
206 read:
207 288.007 Economic incentives to foreign countries of concern
208 prohibited.—
209 (1) As used in this section, the term:
210 (a) “Controlled by” means having possession of the power to
211 direct or cause the direction of the management or policies of a
212 company, whether through ownership of securities, by contract,
213 or otherwise. A person or entity that directly or indirectly has
214 the right to vote 25 percent or more of the voting interests of
215 the company or that is entitled to 25 percent or more of its
216 profits is presumed to control the foreign entity.
217 (b) “Economic incentive” means all programs administered
218 by, or for which an applicant for the program must seek
219 certification, approval, or other action by, the department
220 under this chapter, chapter 212, or chapter 220; and all local
221 economic development programs, grants, or financial benefits
222 administered by a political subdivision or an agent thereof.
223 (c) “Foreign country of concern” has the same meaning as in
224 s. 692.201.
225 (d) “Foreign entity” means an entity that is:
226 1. Owned or controlled by the government of a foreign
227 country of concern; or
228 2. A partnership, association, corporation, organization,
229 or other combination of persons organized under the laws of or
230 having its principal place of business in a foreign country of
231 concern.
232 (e) “Government entity” means a state agency, a political
233 subdivision, or any other public or private agency, person,
234 partnership, corporation, or business entity acting on behalf of
235 any public agency.
236 (2) A government entity may not knowingly enter into an
237 agreement or contract for an economic incentive with a foreign
238 entity.
239 (3) Before providing any economic incentive, a government
240 entity must require the recipient or applicant to provide the
241 government entity with an affidavit signed under penalty of
242 perjury attesting that the recipient or applicant is not a
243 foreign entity.
244 (4) The department shall adopt rules to administer this
245 section, including rules establishing the form for the affidavit
246 required under subsection (3).
247 Section 3. The Division of Law Revision is directed to
248 create part III of chapter 692, Florida Statutes, consisting of
249 ss. 692.201, 692.202, 692.203, and 692.204, Florida Statutes, to
250 be entitled “Conveyances to Foreign Entities.”
251 Section 4. Section 692.201, Florida Statutes, is created to
252 read:
253 692.201 Definitions.—As used in this part, the term:
254 (1) “Agricultural land” means land classified as
255 agricultural under s. 193.461.
256 (2) “Critical infrastructure facility” means any of the
257 following, if it employs measures such as fences, barriers, or
258 guard posts that are designed to exclude unauthorized persons:
259 (a) A chemical manufacturing facility.
260 (b) A refinery.
261 (c) An electrical power plant as defined in s. 403.031(20),
262 including a substation, switching station, electrical control
263 center, or electric transmission or distribution facility.
264 (d) A water intake structure, water treatment facility,
265 wastewater treatment plant, or pump station.
266 (e) A natural gas transmission compressor station.
267 (f) A liquid natural gas terminal or storage facility.
268 (g) A telecommunications central switching office.
269 (h) An inland port or other facility or group of facilities
270 serving as a point of intermodal transfer of freight in a
271 specific area physically separated from a seaport.
272 (i) A gas processing plant, including a plant used in the
273 processing, treatment, or fractionation of natural gas.
274 (j) A seaport as listed in s. 311.09.
275 (k) A spaceport territory as defined in s. 331.303(18).
276 (3) “Foreign country of concern” means the People’s
277 Republic of China, the Russian Federation, the Islamic Republic
278 of Iran, the Democratic People’s Republic of Korea, the Republic
279 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
280 Arab Republic, including any agency of or any other entity of
281 significant control of such foreign country of concern.
282 (4) “Foreign principal” means:
283 (a) The government or any official of the government of a
284 foreign country of concern;
285 (b) A political party or member of a political party or any
286 subdivision of a political party in a foreign country of
287 concern;
288 (c) A partnership, association, corporation, organization,
289 or other combination of persons organized under the laws of or
290 having its principal place of business in a foreign country of
291 concern; or
292 (d) Any person who is domiciled in a foreign country of
293 concern and is not a citizen of the United States.
294 (5) “Military installation” has the same meaning as in 10
295 U.S.C. s. 2801(c)(4) and includes an armory as defined in s.
296 250.01.
297 (6) “Real property” means land, buildings, fixtures, and
298 all other improvements to land.
299 Section 5. Section 692.202, Florida Statutes, is created to
300 read:
301 692.202 Purchase of agricultural land by foreign principals
302 prohibited.—
303 (1) A foreign principal may not directly or indirectly own
304 or acquire by purchase, grant, devise, or descent agricultural
305 land or any interest in such land in the state. This prohibition
306 does not apply to a foreign principal that acquires agricultural
307 land for a diplomatic purpose that is recognized, acknowledged,
308 or allowed by the Federal Government.
309 (2) A foreign principal that directly or indirectly owns or
310 acquires agricultural land or any interest in such land in the
311 state before July 1, 2023, may continue to own or hold such land
312 or interest, but may not purchase or otherwise acquire by grant,
313 devise, or descent any additional agricultural land or interest
314 in such land in the state.
315 (3)(a) A foreign principal that directly or indirectly owns
316 or acquires agricultural land or any interest in such land in
317 the state before July 1, 2023, must register with the Department
318 of Agriculture and Consumer Services by January 1, 2024. The
319 department must establish a form for such registration, which,
320 at minimum, must include all of the following:
321 1. The name of the owner of the agricultural land or the
322 owner of the interest in such land.
323 2. The address of the agricultural land, the property
324 appraiser’s parcel identification number, and the property’s
325 legal description.
326 3. The number of acres of the agricultural land.
327 (b) A foreign principal that fails to timely file a
328 registration with the department is subject to a civil penalty
329 of $1,000 for each day that the registration is late. The
330 department may place a lien against the unregistered
331 agricultural land for the unpaid balance of any penalties
332 assessed under this paragraph.
333 (4) A foreign principal that acquires agricultural land on
334 or after July 1, 2023, by devise or descent, through the
335 enforcement of security interests, or through the collection of
336 debts must sell, transfer, or otherwise divest itself of the
337 agricultural land within 2 years after acquiring the
338 agricultural land.
339 (5) At the time of purchase, a buyer of agricultural land
340 or an interest in such land must provide an affidavit signed
341 under penalty of perjury attesting to compliance with this
342 section. The failure to obtain or maintain the affidavit does
343 not affect the title or insurability of the title for the
344 agricultural land. The Florida Real Estate Commission shall
345 adopt rules to implement this subsection, including rules
346 establishing the form for the affidavit required under this
347 subsection.
348 (6)(a) The agricultural land or an interest in such land
349 that is owned or acquired in violation of this section may be
350 forfeited to the state.
351 (b) The Department of Agriculture and Consumer Services may
352 initiate a civil action in the circuit court of the county in
353 which the property lies for the forfeiture of the agricultural
354 land or any interest therein.
355 (c) Upon filing such action, the clerk must record a lis
356 pendens in accordance with s. 48.23. The court must advance the
357 cause on the calendar. The defendant may at any time petition to
358 modify or discharge the lis pendens based upon a finding that
359 there is no probable cause to believe that the agricultural
360 land, or any portion thereof, is owned or held in violation of
361 this section.
362 (d) If the court finds that the agricultural land, or any
363 portion thereof, is owned or held in violation of this section,
364 the court must enter a final judgment of forfeiture vesting
365 title to the agricultural land in the state, subject only to the
366 rights and interests of bona fide lienholders, and such final
367 judgment relates back to the date of the lis pendens.
368 (e) The department may sell the agricultural land subject
369 to a final judgment of forfeiture. Any proceeds from the sale
370 must first be paid to any lienholders of the land, followed by
371 payment of any outstanding fines assessed pursuant to this
372 section, after which the department must be reimbursed for all
373 costs related to the forfeiture civil action and any costs
374 related to the sale of the land. Any remaining proceeds must be
375 paid to the property owner.
376 (f) At any time during the forfeiture proceeding the
377 department may seek an ex parte order of seizure of the
378 agricultural land upon a showing that the defendant’s control of
379 the agricultural land constitutes a clear and present danger to
380 the state.
381 (7) A foreign principal that purchases or acquires
382 agricultural land or any interest therein in violation of this
383 section commits a misdemeanor of the second degree, punishable
384 as provided in s. 775.082 or s. 775.083.
385 (8) A person who knowingly sells agricultural land or any
386 interest therein in violation of this section commits a
387 misdemeanor of the second degree, punishable as provided in s.
388 775.082 or s. 775.083.
389 (9) The Department of Agriculture and Consumer Services
390 shall adopt rules to implement this section.
391 Section 6. Section 692.203, Florida Statutes, is created to
392 read:
393 692.203 Purchase of real property around military
394 installations and critical infrastructure facilities by foreign
395 principals prohibited.—
396 (1) A foreign principal may not directly or indirectly own
397 or acquire by purchase, grant, devise, or descent any interest
398 in real property within 20 miles of any military installation or
399 critical infrastructure facility in the state. This prohibition
400 does not apply to a foreign principal that acquires real
401 property for a diplomatic purpose that is recognized,
402 acknowledged, or allowed by the Federal Government.
403 (2) A foreign principal that directly or indirectly owns or
404 acquires any interest in real property within 20 miles of any
405 military installation or critical infrastructure facility in the
406 state before July 1, 2023, may continue to own or hold such real
407 property, but may not purchase or otherwise acquire by grant,
408 devise, or descent any additional real property within 20 miles
409 of any military installation or critical infrastructure facility
410 in the state.
411 (3)(a) A foreign principal that owns or acquires real
412 property within 20 miles of any military installation or
413 critical infrastructure facility in the state before July 1,
414 2023, must register with the Department of Economic Opportunity
415 by January 1, 2024. The department must establish a form for
416 such registration which, at a minimum, must include all of the
417 following:
418 1. The name of the owner of the real property.
419 2. The address of the real property, the property
420 appraiser’s parcel identification number, and the property’s
421 legal description.
422 (b) A foreign principal that fails to timely file a
423 registration with the department is subject to a civil penalty
424 of $1,000 for each day that the registration is late. The
425 department may place a lien against the unregistered real
426 property for the unpaid balance of any penalties assessed under
427 this paragraph.
428 (4) A foreign principal that acquires real property or any
429 interest therein which is within 20 miles of any military
430 installation or critical infrastructure facility in the state on
431 or after July 1, 2023, by devise or descent, through the
432 enforcement of security interests, or through the collection of
433 debts must sell, transfer, or otherwise divest itself of such
434 real property within 2 years after acquiring the real property.
435 (5) At the time of purchase, a buyer of real property that
436 is located within 20 miles of any military installation or
437 critical infrastructure facility in the state must provide an
438 affidavit signed under penalty of perjury attesting to
439 compliance with this section. The failure to obtain or maintain
440 the affidavit does not affect the title or insurability of the
441 title for the real property. The Florida Real Estate Commission
442 shall adopt rules to implement this subsection, including rules
443 establishing the form for the affidavit required under this
444 subsection.
445 (6)(a) If any real property is owned or acquired in
446 violation of this section, the real property may be forfeited to
447 the state.
448 (b) The Department of Economic Opportunity may initiate a
449 civil action in the circuit court of the county in which the
450 property lies for the forfeiture of the real property or any
451 interest therein.
452 (c) Upon filing such action, the clerk must record a lis
453 pendens in accordance with s. 48.23. The court must advance the
454 cause on the calendar. The defendant may at any time petition to
455 modify or discharge the lis pendens based upon a finding that
456 there is no probable cause to believe that the real property, or
457 any portion thereof, is owned or held in violation of this
458 section.
459 (d) If the court finds that the real property, or any
460 portion thereof, is owned or held in violation of this section,
461 the court must enter a final judgment of forfeiture vesting
462 title to the real property in the state, subject only to the
463 rights and interests of bona fide lienholders, and such final
464 judgment relates back to the date of the lis pendens.
465 (e) The department may sell the real property subject to a
466 final judgment of forfeiture. Any proceeds from the sale must
467 first be paid to any lienholders of the land, followed by
468 payment of any outstanding fines assessed pursuant to this
469 section, after which the department must be reimbursed for all
470 costs related to the forfeiture civil action and any costs
471 related to the sale of the land. Any remaining proceeds must be
472 paid to the property owner.
473 (f) At any time during the forfeiture proceeding the
474 department may seek an ex parte order of seizure of the real
475 property upon a showing that the defendant’s control of the real
476 property constitutes a clear and present danger to the state.
477 (7) A foreign principal that purchases or acquires real
478 property or any interest therein in violation of this section
479 commits a misdemeanor of the second degree, punishable as
480 provided in s. 775.082 or s. 775.083.
481 (8) A person who knowingly sells real property or any
482 interest therein in violation of this section commits a
483 misdemeanor of the second degree, punishable as provided in s.
484 775.082 or s. 775.083.
485 (9) The Department of Economic Opportunity shall adopt
486 rules to implement this section.
487 Section 7. Section 692.204, Florida Statutes, is created to
488 read:
489 692.204 Purchase or acquisition of real property by the
490 People’s Republic of China prohibited.—
491 (1)(a) The following persons or entities may not directly
492 or indirectly own or acquire by purchase, grant, devise, or
493 descent any interest in real property in the state:
494 1. The People’s Republic of China, the Chinese Communist
495 Party, or any official or member of the People’s Republic of
496 China or the Chinese Communist Party.
497 2. Any other political party or member of a political party
498 or a subdivision of a political party in the People’s Republic
499 of China.
500 3. A partnership, an association, a corporation, an
501 organization, or any other combination of persons organized
502 under the laws of or having its principal place of business in
503 the People’s Republic of China.
504 4. Any person who is domiciled in the People’s Republic of
505 China and who is not a citizen of the United States.
506 (b) Paragraph (a) does not apply to a person or entity of
507 the People’s Republic of China that acquires real property for a
508 diplomatic purpose that is recognized, acknowledged, or allowed
509 by the Federal Government.
510 (2) A person or entity described in paragraph (1)(a) that
511 directly or indirectly owns or acquires any interest in real
512 property in the state before July 1, 2023, may continue to own
513 or hold such real property, but may not purchase or otherwise
514 acquire by grant, devise, or descent any additional real
515 property in the state.
516 (3)(a) A person or entity described in paragraph (1)(a)
517 that owns or acquires real property in the state before July 1,
518 2023, must register with the Department of Economic Opportunity
519 by January 1, 2024. The department must establish a form for
520 such registration which, at a minimum, must include all of the
521 following:
522 1. The name of the owner of the real property.
523 2. The address of the real property, the property
524 appraiser’s parcel identification number, and the property’s
525 legal description.
526 (b) A person or entity that fails to timely file a
527 registration with the department is subject to a civil penalty
528 of $1,000 for each day that the registration is late. The
529 department may place a lien against the unregistered real
530 property for the unpaid balance of any penalties assessed under
531 this paragraph.
532 (4) A person or entity that acquires real property in the
533 state on or after July 1, 2023, by devise or descent, through
534 the enforcement of security interests, or through the collection
535 of debts must sell, transfer, or otherwise divest itself of such
536 real property within 2 years after acquiring the real property
537 unless the person or entity is exempt under paragraph (1)(b).
538 (5) At the time of purchase, a buyer of real property in
539 the state must provide an affidavit signed under penalty of
540 perjury attesting to compliance with this section. The failure
541 to obtain or maintain the affidavit does not affect the title or
542 insurability of the title for the real property. The Florida
543 Real Estate Commission shall adopt rules to implement this
544 subsection, including rules establishing the form for the
545 affidavit required under this subsection.
546 (6)(a) If any real property is owned or acquired in
547 violation of this section, the real property may be forfeited to
548 the state.
549 (b) The Department of Economic Opportunity may initiate a
550 civil action in the circuit court of the county in which the
551 property lies for the forfeiture of the real property or any
552 interest therein.
553 (c) Upon filing such action, the clerk must record a lis
554 pendens in accordance with s. 48.23. The court must advance the
555 cause on the calendar. The defendant may at any time petition to
556 modify or discharge the lis pendens based upon a finding that
557 there is no probable cause to believe that the real property, or
558 any portion thereof, is owned or held in violation of this
559 section.
560 (d) If the court finds that the real property, or any
561 portion thereof, is owned or held in violation of this section,
562 the court must enter a final judgment of forfeiture vesting
563 title to the real property in the state, subject only to the
564 rights and interests of bona fide lienholders, and such final
565 judgment relates back to the date of the lis pendens.
566 (e) The department may sell the real property subject to a
567 final judgment of forfeiture. Any proceeds from the sale must
568 first be paid to any lienholders of the land, followed by
569 payment of any outstanding fines assessed pursuant to this
570 section, after which the department must be reimbursed for all
571 costs related to the forfeiture civil action and any costs
572 related to the sale of the land. Any remaining proceeds must be
573 paid to the property owner.
574 (f) At any time during the forfeiture proceeding the
575 department may seek an ex parte order of seizure of the real
576 property upon a showing that the defendant’s control of the real
577 property constitutes a clear and present danger to the state.
578 (7) A violation of this section constitutes a felony of the
579 third degree, punishable as provided in s. 775.082, s. 775.083,
580 or s. 775.084.
581 (8) A person who sells real property or any interest
582 therein in violation of this section commits a misdemeanor of
583 the first degree, punishable as provided in s. 775.082 or s.
584 775.083.
585 (9) The Department of Economic Opportunity shall adopt
586 rules to implement this section.
587 Section 8. Present subsections (3), (4), and (5) of section
588 408.051, Florida Statutes, are redesignated as subsections (4),
589 (5), and (6), respectively, a new subsection (3) is added to
590 that section, and subsection (2) of that section is reordered
591 and amended, to read:
592 408.051 Florida Electronic Health Records Exchange Act.—
593 (2) DEFINITIONS.—As used in this section, the term:
594 (a) “Electronic health record” means a record of a person’s
595 medical treatment which is created by a licensed health care
596 provider and stored in an interoperable and accessible digital
597 format.
598 (i)(b) “Qualified electronic health record” means an
599 electronic record of health-related information concerning an
600 individual which includes patient demographic and clinical
601 health information, such as medical history and problem lists,
602 and which has the capacity to provide clinical decision support,
603 to support physician order entry, to capture and query
604 information relevant to health care quality, and to exchange
605 electronic health information with, and integrate such
606 information from, other sources.
607 (b)(c) “Certified electronic health record technology”
608 means a qualified electronic health record that is certified
609 pursuant to s. 3001(c)(5) of the Public Health Service Act as
610 meeting standards adopted under s. 3004 of such act which are
611 applicable to the type of record involved, such as an ambulatory
612 electronic health record for office-based physicians or an
613 inpatient hospital electronic health record for hospitals.
614 (c) “Cloud computing” has the same meaning as in s.
615 282.0041.
616 (d) “Health care provider” means any of the following:
617 1. A provider as defined in s. 408.803.
618 2. A health care practitioner as defined in s. 456.001.
619 3. A health care professional certified under part IV of
620 chapter 468.
621 4. A home health aide as defined in s. 400.462.
622 5. A service provider as defined in s. 394.455 and the
623 service provider’s clinical and nonclinical staff who provide
624 inpatient or outpatient services.
625 6. A continuing care facility licensed under chapter 651.
626 7. A pharmacy permitted under chapter 465.
627 (e)(d) “Health record” means any information, recorded in
628 any form or medium, which relates to the past, present, or
629 future health of an individual for the primary purpose of
630 providing health care and health-related services.
631 (f)(e) “Identifiable health record” means any health record
632 that identifies the patient or with respect to which there is a
633 reasonable basis to believe the information can be used to
634 identify the patient.
635 (g)(f) “Patient” means an individual who has sought, is
636 seeking, is undergoing, or has undergone care or treatment in a
637 health care facility or by a health care provider.
638 (h)(g) “Patient representative” means a parent of a minor
639 patient, a court-appointed guardian for the patient, a health
640 care surrogate, or a person holding a power of attorney or
641 notarized consent appropriately executed by the patient granting
642 permission to a health care facility or health care provider to
643 disclose the patient’s health care information to that person.
644 In the case of a deceased patient, the term also means the
645 personal representative of the estate of the deceased patient;
646 the deceased patient’s surviving spouse, surviving parent, or
647 surviving adult child; the parent or guardian of a surviving
648 minor child of the deceased patient; the attorney for the
649 patient’s surviving spouse, parent, or adult child; or the
650 attorney for the parent or guardian of a surviving minor child.
651 (3) SECURITY AND STORAGE OF PERSONAL MEDICAL INFORMATION.
652 In addition to the requirements in 45 C.F.R. part 160 and
653 subparts A and C of part 164, a health care provider that
654 utilizes certified electronic health record technology must
655 ensure that all patient information stored in an offsite
656 physical or virtual environment, including through a third-party
657 or subcontracted computing facility or an entity providing cloud
658 computing services, is physically maintained in the continental
659 United States. This subsection applies to all qualified
660 electronic health records that are stored using any technology
661 that can allow information to be electronically retrieved,
662 accessed, or transmitted.
663 Section 9. Subsections (14) and (15) are added to section
664 408.810, Florida Statutes, to read:
665 408.810 Minimum licensure requirements.—In addition to the
666 licensure requirements specified in this part, authorizing
667 statutes, and applicable rules, each applicant and licensee must
668 comply with the requirements of this section in order to obtain
669 and maintain a license.
670 (14) The licensee must sign an affidavit at the time of his
671 or her initial application for a license and on any renewal
672 applications thereafter that attests under penalty of perjury
673 that he or she is in compliance with s. 408.051(3). The licensee
674 must remain in compliance with s. 408.051(3) or the licensee
675 shall be subject to disciplinary action by the agency.
676 (15)(a) The licensee must ensure that a person or entity
677 who possesses a controlling interest does not hold, either
678 directly or indirectly, regardless of ownership structure, an
679 interest in an entity that has a business relationship with a
680 foreign country of concern or that is subject to s. 287.135.
681 (b) For purposes of this subsection, the term:
682 1. “Business relationship” means engaging in commerce in
683 any form, including, but not limited to, acquiring, developing,
684 maintaining, owning, selling, possessing, leasing, or operating
685 equipment, facilities, personnel, products, services, personal
686 property, real property, military equipment, or any other
687 apparatus of business or commerce.
688 2. “Foreign country of concern” has the same meaning as in
689 s. 692.201.
690 3. “Interest” has the same meaning as in s. 286.101(1).
691 Section 10. Section 836.05, Florida Statutes, is amended to
692 read:
693 836.05 Threats; extortion.—
694 (1) Whoever, either verbally or by a written or printed
695 communication, maliciously threatens to accuse another of any
696 crime or offense, or by such communication maliciously threatens
697 an injury to the person, property or reputation of another, or
698 maliciously threatens to expose another to disgrace, or to
699 expose any secret affecting another, or to impute any deformity
700 or lack of chastity to another, with intent thereby to extort
701 money or any pecuniary advantage whatsoever, or with intent to
702 compel the person so threatened, or any other person, to do any
703 act or refrain from doing any act against his or her will,
704 commits shall be guilty of a felony of the second degree,
705 punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
706 (2) A person who commits a violation of subsection (1) and
707 at the time of the violation is acting as a foreign agent, as
708 defined in s. 812.081(1), with the intent of benefiting a
709 foreign country of concern, as defined in s. 692.201, commits a
710 felony of the first degree, punishable as provided in s.
711 775.082, s. 775.083, or s. 775.084.
712 Section 11. This act shall take effect July 1, 2023.