Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 814
       
       
       
       
       
       
                                Ì720834'Î720834                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/21/2024           .                                
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       The Committee on Rules (Yarborough) recommended the following:
       
    1         Senate Substitute for Amendment (577930) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Present subsections (2) through (6) of section
    7  692.201, Florida Statutes, are redesignated as subsections (4)
    8  and (6) through (9), respectively, and new subsections (2), (3),
    9  and (5) are added to that section, to read:
   10         692.201 Definitions.—As used in this part, the term:
   11         (2)“Business entity” has the same meaning as in s. 606.03.
   12         (3)“Controlling interest” means the possession of the
   13  power to control access to or the use or management of a parcel
   14  of real property through ownership interests in or securities of
   15  a business entity or entities that own the parcel of real
   16  property, or through direct ownership interests in a parcel of
   17  real property. A business entity or person who directly or
   18  indirectly has an ownership interest of 25 percent or more of a
   19  parcel of real property is presumed to have a controlling
   20  interest. The term does not include a de minimus indirect
   21  interest.
   22         (4)(2) “Critical infrastructure facility” means any of the
   23  following, if it employs measures such as fences, barriers, or
   24  guard posts that are designed to exclude unauthorized persons:
   25         (a) A chemical manufacturing facility.
   26         (b) A refinery.
   27         (c) An electrical power plant as defined in s. 403.031(20).
   28         (d) A water treatment facility or wastewater treatment
   29  plant.
   30         (e) A liquid natural gas terminal.
   31         (f) A telecommunications central switching office.
   32         (g) A gas processing plant, including a plant used in the
   33  processing, treatment, or fractionation of natural gas.
   34         (h) A seaport as listed in s. 311.09.
   35         (i) A spaceport territory as defined in s. 331.303(18).
   36         (j) An airport as defined in s. 333.01.
   37         (5)“De minimus indirect interest” means a foreign
   38  principal’s ownership of a business entity’s registered equities
   39  in a publicly traded company, if the foreign principal’s
   40  ownership interest in the company is either:
   41         (a) Less than 5 percent of any class of registered equities
   42  or less than 5 percent in the aggregate in multiple classes of
   43  registered equities; or
   44         (b) A noncontrolling interest in an entity controlled by a
   45  company that is both registered with the United States
   46  Securities and Exchange Commission as an investment adviser
   47  under the Investment Advisers Act of 1940, as amended, and is
   48  not a foreign entity.
   49         (7)(4) “Foreign principal” means:
   50         (a) The government or any official of the government of a
   51  foreign country of concern;
   52         (b) A political party or member of a political party or any
   53  subdivision of a political party in a foreign country of
   54  concern;
   55         (c) A partnership, an association, a corporation, an
   56  organization, or other combination of persons organized under
   57  the laws of or having its principal place of business in a
   58  foreign country of concern, or a subsidiary of such entity; or
   59         (d) Any person who is domiciled in a foreign country of
   60  concern, unless the person and is not:
   61         1. A citizen or lawful permanent resident of the United
   62  States;
   63         2. A holder of a current verified visa to enter the United
   64  States which does not limit the holder to tourist-based travel;
   65  or
   66         3. A holder of official documentation confirming that the
   67  person has been granted asylum in the United States.
   68         (e) Any person, entity, or collection of persons or
   69  entities, described in paragraphs (a)-(d) (a) through (d) having
   70  a controlling interest in a partnership, an association, a
   71  corporation, an organization, a trust, or any other legal entity
   72  or subsidiary formed for the purpose of owning real property in
   73  this state.
   74         Section 2. Section 692.202, Florida Statutes, is amended to
   75  read:
   76         692.202 Purchase of agricultural land by foreign principals
   77  prohibited.—
   78         (1) A foreign principal may not directly or indirectly own
   79  or, have a controlling interest in, or acquire by purchase,
   80  grant, devise, or descent agricultural land or any interest,
   81  except a de minimus indirect interest, in such land in this
   82  state. A foreign principal has a de minimus indirect interest if
   83  any ownership is the result of the foreign principal’s ownership
   84  of registered equities in a publicly traded company owning the
   85  land and if the foreign principal’s ownership interest in the
   86  company is either:
   87         (2) A foreign principal that directly or indirectly owns or
   88  acquires a controlling interest in agricultural land or any
   89  interest in such land in this state before July 1, 2023, may
   90  continue to own or hold such land or interest, but may not
   91  purchase or otherwise acquire a controlling interest in by
   92  grant, devise, or descent any additional agricultural land or
   93  interest in such land in this state.
   94         (3)(a) A foreign principal that directly or indirectly owns
   95  or acquires a controlling interest in agricultural land or any
   96  interest in such land in this state before July 1, 2023, must
   97  register with the Department of Agriculture and Consumer
   98  Services by January 1, 2024. The department must establish a
   99  form for such registration, which must, at a minimum, must
  100  include all of the following:
  101         1. The name of the owner of the agricultural land or the
  102  owner of the interest in such land.
  103         2. The address of the agricultural land, the property
  104  appraiser’s parcel identification number, and the property’s
  105  legal description.
  106         3. The number of acres of the agricultural land.
  107         (b) A foreign principal that fails to timely file a
  108  registration with the department is subject to a civil penalty
  109  of $1,000 for each day that the registration is late. The
  110  department may place a lien against the unregistered
  111  agricultural land for the unpaid balance of any penalties
  112  assessed under this paragraph.
  113         (4)(a) Notwithstanding subsection (1), a foreign principal
  114  may acquire a controlling interest in agricultural land on or
  115  after July 1, 2023:,
  116         1. By devise or descent, through the enforcement of
  117  security interests, or through the collection of debts, provided
  118  that the foreign principal sells, transfers, or otherwise
  119  divests itself of the controlling interest in agricultural land
  120  within 3 years after acquiring the controlling interest; or
  121  agricultural land.
  122         2. For the primary purpose of development and sale of
  123  residential units as shown on a final plat if the person or
  124  entity provides an affidavit to the Department of Commerce
  125  signed under penalty of perjury attesting that the acquisition
  126  is primarily for the development and sale of residential units
  127  and that those residential units will be offered for sale after
  128  the acquisition of the first construction permit.
  129         (b)Violations of this subsection are subject to penalties
  130  under subsections (7) and (8).
  131         (5)(a) At the time of purchase, a buyer of agricultural
  132  land or an interest in such land must provide an affidavit
  133  signed under penalty of perjury attesting that the buyer is:
  134         1. Not a foreign principal; and
  135         2. In compliance with the requirements of this section.
  136         (b) The failure to obtain or maintain the affidavit does
  137  not:
  138         1. Affect the title or insurability of the title for the
  139  agricultural land; or
  140         2. Subject the closing agent to civil or criminal
  141  liability, unless the closing agent has actual knowledge that
  142  the transaction will result in a violation of this section.
  143         (c) The Florida Real Estate Commission shall adopt rules to
  144  implement this subsection, including rules establishing the form
  145  for the affidavit required under this subsection.
  146         (6)(a) The agricultural land or a controlling an interest
  147  in such land that is owned or acquired in violation of this
  148  section may be forfeited to the state.
  149         (b) The Department of Agriculture and Consumer Services may
  150  initiate a civil action in the circuit court of the county in
  151  which the property lies for the forfeiture of the agricultural
  152  land or any interest therein.
  153         (c) Upon filing such action, the clerk must record a lis
  154  pendens in accordance with s. 48.23. The court must advance the
  155  cause on the calendar. The defendant may at any time petition to
  156  modify or discharge the lis pendens based upon a finding that
  157  there is no probable cause to believe that the agricultural
  158  land, or any portion thereof, is owned or held in violation of
  159  this section.
  160         (d) If the court finds that the agricultural land, or any
  161  portion thereof, is owned or held in violation of this section,
  162  the court must enter a final judgment of forfeiture vesting
  163  title to the agricultural land in this state, subject only to
  164  the rights and interests of bona fide lienholders, and such
  165  final judgment relates back to the date of the lis pendens.
  166         (e) The department may sell the agricultural land subject
  167  to a final judgment of forfeiture. Any proceeds from the sale
  168  must first be paid to any lienholders of the land, followed by
  169  payment of any outstanding fines assessed pursuant to this
  170  section, after which the department must be reimbursed for all
  171  costs related to the forfeiture civil action and any costs
  172  related to the sale of the land. Any remaining proceeds must be
  173  paid to the property owner.
  174         (f) At any time during the forfeiture proceeding, the
  175  department may seek an ex parte order of seizure of the
  176  agricultural land upon a showing that the defendant’s control of
  177  the agricultural land constitutes a clear and present danger to
  178  the state.
  179         (7) A foreign principal that purchases or acquires
  180  agricultural land or a controlling any interest therein in
  181  violation of this section commits a misdemeanor of the second
  182  degree, punishable as provided in s. 775.082 or s. 775.083.
  183         (8) A person who knowingly sells agricultural land or a
  184  controlling any interest therein in violation of this section
  185  commits a misdemeanor of the second degree, punishable as
  186  provided in s. 775.082 or s. 775.083.
  187         (9) The Department of Agriculture and Consumer Services
  188  shall adopt rules to implement this section.
  189         Section 3. Section 692.203, Florida Statutes, is amended to
  190  read:
  191         692.203 Purchase of real property on or around military
  192  installations or critical infrastructure facilities by foreign
  193  principals prohibited.—
  194         (1) A foreign principal may not directly or indirectly own,
  195  or have a controlling interest in, or acquire by purchase,
  196  grant, devise, or descent any interest, except a de minimus
  197  indirect interest, in real property on or within 10 miles of any
  198  military installation or critical infrastructure facility in
  199  this state. A foreign principal has a de minimus indirect
  200  interest if any ownership is the result of the foreign
  201  principal’s ownership of registered equities in a publicly
  202  traded company owning the land and if the foreign principal’s
  203  ownership interest in the company is either:
  204         (2) A foreign principal that directly or indirectly owns or
  205  acquires a controlling any interest in real property on or
  206  within 10 miles of any military installation or critical
  207  infrastructure facility in this state before July 1, 2023, may
  208  continue to own or hold the controlling interest in such real
  209  property, but may not purchase or otherwise acquire a
  210  controlling interest in by grant, devise, or descent any
  211  additional real property on or within 10 miles of any military
  212  installation or critical infrastructure facility in this state.
  213         (3)(a) A foreign principal must register with the
  214  Department of Commerce Economic Opportunity if the foreign
  215  principal owns or acquires a controlling interest in real
  216  property on or within 10 miles of any military installation or
  217  critical infrastructure facility in this state as authorized
  218  under subsection (4) or if the foreign principal owned or
  219  acquired a controlling an interest, other than a de minimus
  220  indirect interest, in such property before July 1, 2023. The
  221  department must establish a form for such registration which
  222  must, at a minimum, must include all of the following:
  223         1. The name of the owner of the real property.
  224         2. The address of the real property, the property
  225  appraiser’s parcel identification number, and the property’s
  226  legal description.
  227         (b) A foreign principal that fails to timely file a
  228  registration with the department is subject to a civil penalty
  229  of $1,000 for each day that the registration is late. A foreign
  230  principal must register a controlling property interest owned
  231  before July 1, 2023, by December 31, 2023. The registration is
  232  considered to be late after January 31, 2024. A foreign
  233  principal who owns or acquires a controlling interest in real
  234  property on or after July 1, 2023, as authorized under
  235  subsection (4), must register the real property within 30 days
  236  after acquiring the controlling interest property is owned or
  237  acquired. The department may place a lien against the
  238  unregistered real property for the unpaid balance of any
  239  penalties assessed under this paragraph.
  240         (4) Notwithstanding subsection (1), a foreign principal who
  241  is a natural person may purchase one residential real property
  242  that is up to 2 acres in size if all of the following apply:
  243         (a) The parcel is not on or within 5 miles of any military
  244  installation in this state.
  245         (b) The person has a current verified United States Visa
  246  that is not limited to authorizing tourist-based travel or
  247  official documentation confirming that the person has been
  248  granted asylum in the United States, and such visa or
  249  documentation authorizes the person to be legally present within
  250  this state.
  251         (c) The purchase is in the name of the person who holds the
  252  visa or official documentation described in paragraph (b).
  253         (5)(a) Notwithstanding subsections (1) and (2), a foreign
  254  principal may acquire real property or a controlling any
  255  interest therein which is on or within 10 miles of any military
  256  installation or critical infrastructure facility in this state
  257  on or after July 1, 2023:,
  258         1. By devise or descent, through the enforcement of
  259  security interests, or through the collection of debts, provided
  260  that the foreign principal sells, transfers, or otherwise
  261  divests itself of such real property or controlling interest
  262  within 3 years after acquiring the real property or interest;
  263  or.
  264         2. For the primary purpose of development and sale of
  265  residential units as shown on a final plat if the person or
  266  entity provides an affidavit to the Department of Commerce
  267  signed under penalty of perjury attesting that the acquisition
  268  is primarily for the development and sale of residential units
  269  and that those residential units will be offered for sale after
  270  the acquisition of the first construction permit.
  271         (b) Violations of this subsection are subject to penalties
  272  under subsections (7) and (8).
  273         (6)(a) At the time of purchase, a buyer of the real
  274  property that is on or within 10 miles of any military
  275  installation or critical infrastructure facility in this state
  276  must provide an affidavit signed under penalty of perjury
  277  attesting that the buyer is:
  278         1. Not a foreign principal or not a foreign principal
  279  prohibited from purchasing the subject real property; and
  280         2. In compliance with the requirements of this section.
  281         (b) The failure to obtain or maintain the affidavit does
  282  not:
  283         1. Affect the title or insurability of the title for the
  284  real property; or
  285         2. Subject the closing agent to civil or criminal
  286  liability, unless the closing agent has actual knowledge that
  287  the transaction will result in a violation of this section.
  288         (c) The Florida Real Estate Commission shall adopt rules to
  289  implement this subsection, including rules establishing the form
  290  for the affidavit required under this subsection.
  291         (7)(a) If any real property is owned or acquired in
  292  violation of this section, the real property may be forfeited to
  293  the state.
  294         (b) The Department of Commerce Economic Opportunity may
  295  initiate a civil action in the circuit court of the county in
  296  which the property lies for the forfeiture of the real property
  297  or any interest therein.
  298         (c) Upon filing such action, the clerk must record a lis
  299  pendens in accordance with s. 48.23. The court must advance the
  300  cause on the calendar. The defendant may at any time petition to
  301  modify or discharge the lis pendens based upon a finding that
  302  there is no probable cause to believe that the real property, or
  303  any portion thereof, is owned or held in violation of this
  304  section.
  305         (d) If the court finds that the real property, or any
  306  portion thereof, is owned or held in violation of this section,
  307  the court must enter a final judgment of forfeiture vesting
  308  title to the real property in this state, subject only to the
  309  rights and interests of bona fide lienholders, and such final
  310  judgment relates back to the date of the lis pendens.
  311         (e) The department may sell the real property subject to a
  312  final judgment of forfeiture. Any proceeds from the sale must
  313  first be paid to any lienholders of the land, followed by
  314  payment of any outstanding fines assessed pursuant to this
  315  section, after which the department must be reimbursed for all
  316  costs related to the forfeiture civil action and any costs
  317  related to the sale of the land. Any remaining proceeds must be
  318  paid to the property owner.
  319         (f) At any time during the forfeiture proceeding, the
  320  department may seek an ex parte order of seizure of the real
  321  property upon a showing that the defendant’s control of the real
  322  property constitutes a clear and present danger to the state.
  323         (8) A foreign principal that purchases or acquires real
  324  property or a controlling any interest therein in violation of
  325  this section commits a misdemeanor of the second degree,
  326  punishable as provided in s. 775.082 or s. 775.083.
  327         (9) A person who knowingly sells real property or a
  328  controlling any interest therein in violation of this section
  329  commits a misdemeanor of the second degree, punishable as
  330  provided in s. 775.082 or s. 775.083.
  331         (10) The Department of Commerce Economic Opportunity shall
  332  adopt rules to implement this section.
  333         Section 4. Section 692.204, Florida Statutes, is amended to
  334  read:
  335         692.204 Purchase or acquisition of real property by the
  336  People’s Republic of China prohibited.—
  337         (1)(a) The following persons or entities may not directly
  338  or indirectly own or, have a controlling interest in, or acquire
  339  by purchase, grant, devise, or descent any interest, except a de
  340  minimus indirect interest, in real property in this state:
  341         (a)1. The People’s Republic of China, the Chinese Communist
  342  Party, or any official or member of the People’s Republic of
  343  China or the Chinese Communist Party.
  344         (b)2. Any other political party or member of a political
  345  party or a subdivision of a political party in the People’s
  346  Republic of China.
  347         (c)3. A partnership, an association, a corporation, an
  348  organization, or any other combination of persons organized
  349  under the laws of or having its principal place of business in
  350  the People’s Republic of China, or a subsidiary of such entity.
  351         (d)4. Any person who is domiciled in the People’s Republic
  352  of China, unless the person and who is not:
  353         1. A citizen or lawful permanent resident of the United
  354  States;
  355         2. A holder of a current verified visa to enter the United
  356  States which does not limit the holder to tourist-based travel;
  357  or
  358         3. A holder of official documentation confirming that the
  359  person has been granted asylum in the United States.
  360         (e)5. Any person, entity, or collection of persons or
  361  entities described in paragraphs (a)-(d) subparagraphs 1.
  362  through 4. having a controlling interest in a partnership, an
  363  association, a corporation, an organization, a trust, or any
  364  other legal entity or subsidiary formed for the purpose of
  365  owning real property in this state.
  366         (b) A person or entity has a de minimus indirect interest
  367  if any ownership is the result of the person’s or entity’s
  368  ownership of registered equities in a publicly traded company
  369  owning the land and if the person’s or entity’s ownership
  370  interest in the company is either:
  371         1. Less than 5 percent of any class of registered equities
  372  or less than 5 percent in the aggregate in multiple classes of
  373  registered equities; or
  374         2. A noncontrolling interest in an entity controlled by a
  375  company that is both registered with the United States
  376  Securities and Exchange Commission as an investment adviser
  377  under the Investment Advisers Act of 1940, as amended, and is
  378  not a foreign entity.
  379         (2) Notwithstanding subsection (1), a natural person
  380  described in subsection (1) paragraph (1)(a) may purchase one
  381  residential real property that is up to 2 acres in size if all
  382  of the following apply:
  383         (a) The parcel is not on or within 5 miles of any military
  384  installation in this state.
  385         (b) The person has a current verified United States Visa
  386  that is not limited to authorizing tourist-based travel or
  387  official documentation confirming that the person has been
  388  granted asylum in the United States and such visa or
  389  documentation authorizes the person to be legally present within
  390  this state.
  391         (c) The purchase is in the name of the person who holds the
  392  visa or official documentation described in paragraph (b).
  393         (3) A person or entity described in subsection (1)
  394  paragraph (1)(a) that directly or indirectly owns or acquires a
  395  controlling any interest in real property in this state before
  396  July 1, 2023, may continue to own or hold such real property,
  397  but may not purchase or otherwise acquire a controlling interest
  398  in by grant, devise, or descent any additional real property in
  399  this state.
  400         (4)(a) A person or entity described in subsection (1)
  401  paragraph (1)(a), subsection (2), or paragraph (5)(a) subsection
  402  (5) must register with the Department of Commerce Economic
  403  Opportunity if the person or entity owns or acquires more than a
  404  controlling de minimus indirect interest in real property in
  405  this state. The department must establish a form for such
  406  registration which, at a minimum, must include all of the
  407  following:
  408         1. The name of the owner of the real property.
  409         2. The address of the real property, the property
  410  appraiser’s parcel identification number, and the property’s
  411  legal description.
  412         (b) A person or entity that fails to timely file a
  413  registration with the department is subject to a civil penalty
  414  of $1,000 for each day that the registration is late. The person
  415  or entity subject to the registration requirements must register
  416  the property or property interests owned or acquired before July
  417  1, 2023, by December 31, 2023. The registration is considered to
  418  be late 30 days after January 31, 2024. A person or entity that
  419  owns or acquires a controlling interest in real property or an
  420  interest in real property as authorized under subsection (2) or
  421  subsection (5), other than a de minimus indirect interest, on or
  422  after July 1, 2023, must register the real property or interest
  423  within 30 days after the controlling property or interest is
  424  owned or acquired. The department may place a lien against the
  425  unregistered real property for the unpaid balance of any
  426  penalties assessed under this paragraph.
  427         (5)(a) Notwithstanding subsection (1), a person or an
  428  entity described in subsection (1) paragraph (1)(a) may acquire
  429  a controlling interest in real property in this state on or
  430  after July 1, 2023:,
  431         1. By devise or descent, through the enforcement of
  432  security interests, or through the collection of debts, provided
  433  that the person or entity sells, transfers, or otherwise divests
  434  itself of such controlling interest real property within 3 years
  435  after acquiring the controlling interest real property, unless
  436  the person or entity is exempt under s. 692.205; or.
  437         2. For the primary purpose of development and sale of
  438  residential units as shown on a final plat if the person or
  439  entity provides an affidavit to the Department of Commerce
  440  signed under penalty of perjury attesting that the acquisition
  441  is primarily for the development and sale of residential units
  442  and that those residential units will be offered for sale after
  443  the acquisition of the first construction permit.
  444         (b) Violations of this subsection are subject to penalties
  445  under subsections (7) and (8).
  446         (6)(a) At the time of purchase, a buyer of real property in
  447  this state must provide an affidavit signed under penalty of
  448  perjury attesting that the buyer is:
  449         1. Not a person or entity described in subsection (1)
  450  paragraph (1)(a) or that the buyer is a person described in
  451  subsection (1) paragraph (1)(a) but is authorized under
  452  subsection (2) to purchase the subject property; and
  453         2. In compliance with the requirements of this section.
  454         (b) The failure to obtain or maintain the affidavit does
  455  not:
  456         1. Affect the title or insurability of the title for the
  457  real property; or
  458         2. Subject the closing agent to civil or criminal
  459  liability, unless the closing agent has actual knowledge that
  460  the transaction will result in a violation of this section.
  461         (c) The Florida Real Estate Commission shall adopt rules to
  462  implement this subsection, including rules establishing the form
  463  for the affidavit required under this subsection.
  464         (7)(a) If any real property is owned or acquired in
  465  violation of this section, the real property may be forfeited to
  466  the state.
  467         (b) The Department of Commerce Economic Opportunity may
  468  initiate a civil action in the circuit court of the county in
  469  which the property lies for the forfeiture of the real property
  470  or any interest therein.
  471         (c) Upon filing such action, the clerk must record a lis
  472  pendens in accordance with s. 48.23. The court must advance the
  473  cause on the calendar. The defendant may at any time petition to
  474  modify or discharge the lis pendens based upon a finding that
  475  there is no probable cause to believe that the real property, or
  476  any portion thereof, is owned or held in violation of this
  477  section.
  478         (d) If the court finds that the real property, or any
  479  portion thereof, is owned or held in violation of this section,
  480  the court must enter a final judgment of forfeiture vesting
  481  title to the real property in this state, subject only to the
  482  rights and interests of bona fide lienholders, and such final
  483  judgment relates back to the date of the lis pendens.
  484         (e) The department may sell the real property subject to a
  485  final judgment of forfeiture. Any proceeds from the sale must
  486  first be paid to any lienholders of the land, followed by
  487  payment of any outstanding fines assessed pursuant to this
  488  section, after which the department must be reimbursed for all
  489  costs related to the forfeiture civil action and any costs
  490  related to the sale of the land. Any remaining proceeds must be
  491  paid to the property owner.
  492         (f) At any time during the forfeiture proceeding, the
  493  department may seek an ex parte order of seizure of the real
  494  property upon a showing that the defendant’s control of the real
  495  property constitutes a clear and present danger to the state.
  496         (8) A violation of this section constitutes a felony of the
  497  third degree, punishable as provided in s. 775.082, s. 775.083,
  498  or s. 775.084.
  499         (9) A person who knowingly sells real property or a
  500  controlling any interest therein in violation of this section
  501  commits a misdemeanor of the first degree, punishable as
  502  provided in s. 775.082 or s. 775.083.
  503         (10) The Department of Commerce Economic Opportunity shall
  504  adopt rules to implement this section.
  505         Section 5. Section 704.09, Florida Statutes, is created to
  506  read:
  507         704.09Creation of easements, servitudes, and other
  508  interests affecting real property owned by the same owner.—
  509         (1)An owner of real property may create an easement,
  510  servitude, or other interest in the owner’s real property,
  511  notwithstanding that the owner owns all of the affected real
  512  property.
  513         (2)An easement, servitude, or other interest in real
  514  property created by an owner in the owner’s real property before
  515  the effective date of this act is valid unless invalidated by a
  516  court on grounds other than unity of title.
  517         Section 6. It is the intent of the Legislature to respect
  518  the intent of parties to real property transactions that
  519  occurred before the effective date of this act and the parties’
  520  reliance on easements, servitudes, or other interests created by
  521  those transactions.
  522         Section 7. The Division of Law Revision is directed to
  523  replace the phrase “the effective date of this act” wherever it
  524  occurs in s. 704.09, Florida Statutes, as created by this act,
  525  with the date this act becomes a law.
  526         Section 8. This act shall take effect upon becoming a law.
  527  
  528  ================= T I T L E  A M E N D M E N T ================
  529  And the title is amended as follows:
  530         Delete everything before the enacting clause
  531  and insert:
  532                        A bill to be entitled                      
  533         An act relating to real property ownership; amending
  534         s. 692.201, F.S.; defining terms; revising the
  535         definition of the term “foreign principal”; amending
  536         s. 692.202, F.S.; revising the ownership interest that
  537         a foreign principal may have in agricultural land;
  538         requiring certain foreign principals to register the
  539         ownership of a controlling interest in agricultural
  540         land owned before a certain date; requiring the
  541         foreign principal to divest itself of the controlling
  542         interest in agricultural land within a certain
  543         timeframe; specifying an exception for certain
  544         residential development; deleting a requirement for a
  545         buyer purchasing an interest in agricultural land to
  546         provide a signed affidavit; authorizing criminal
  547         penalties for certain sales and purchases of
  548         controlling interests in agricultural land; making
  549         technical changes; amending s. 692.203, F.S.; revising
  550         the ownership interest that a foreign principal may
  551         have in real property on or near military
  552         installations or critical infrastructure facilities;
  553         requiring certain foreign principals to register the
  554         ownership of a controlling interest in real property
  555         on or near military installations or critical
  556         infrastructure facilities owned before a certain date;
  557         requiring the foreign principal to divest itself of
  558         the controlling interest in certain real property
  559         within a certain timeframe; specifying an exception
  560         for certain residential development; authorizing
  561         criminal penalties for certain sales and purchases of
  562         controlling interests in real property on or near
  563         military installations or critical infrastructure
  564         facilities; making technical changes; amending s.
  565         692.204, F.S.; revising the ownership interest that
  566         certain persons or entities associated with the
  567         People’s Republic of China may have in real property;
  568         requiring such persons or entities to register the
  569         ownership of a controlling interest in real property
  570         owned before a certain date; requiring the persons or
  571         entities associated with the People’s Republic of
  572         China to divest themselves of the controlling interest
  573         in certain real property they own within a certain
  574         timeframe; specifying an exception for certain
  575         residential development; authorizing criminal
  576         penalties for certain sales and purchases of
  577         controlling interests in real property by certain
  578         business entities associated with the People’s
  579         Republic of China; creating s. 704.09, F.S.;
  580         authorizing an owner of real property to create an
  581         easement, servitude, or other interest in the owner’s
  582         real property; providing that such easement,
  583         servitude, or other interest is valid; providing an
  584         exception; providing legislative intent; providing a
  585         directive to the Division of Law Revision; providing
  586         an effective date.