SB 264 — Interests of Foreign Countries

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23590-02576-23 2023264c22023264c1 ofat Agricultureminimum, andmust Consumerinclude Servicesall byof Januarythe 1,following: 2024.

The department must establish a form for such registration, which, at minimum, must include all of the following:

(5)(a)(5) At the time of purchase, a buyer of agricultural land or an interest in such land must provide an affidavit signed under penalty of perjury attesting thatto thecompliance buyerwith is:this section.

1.The failure to obtain or maintain the affidavit does not affect the title or insurability of the title for the agricultural land.

NotThe aFlorida foreignReal principal;Estate Commission shall adopt rules to implement this subsection, including rules establishing the form for the affidavit required under this subsection.

andPage 2.12 of 25 CODING:

In compliance with the requirements of this section.

(b) The failure to obtain or maintain the affidavit does not:

Page 12 of 26 CODING:

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23590-02576-23 2023264c22023264c1 1.(6)(a) The agricultural land or an interest in such land that is owned or acquired in violation of this section may be forfeited to the state.

Affect the title or insurability of the title for the agricultural land;

or 2.

Subject the closing agent to civil or criminal liability except for liability under chapter 837, unless the closing agent has actual knowledge that the transaction will result in a violation of this section.

(c) The Florida Real Estate Commission shall adopt rules to implement this subsection, including rules establishing the form for the affidavit required under this subsection.

(6)(a) The agricultural land or an interest in such land that is owned or acquired in violation of this section may be forfeited to the state.

Page(e) 13The ofdepartment 26may CODING:sell the agricultural land subject to a final judgment of forfeiture.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23 2023264c2 (e) The department may sell the agricultural land subject to a final judgment of forfeiture.

(f) At any time during the forfeiture proceeding the departmentPage may13 seek an ex parte order of seizure25 ofCODING: the agricultural land upon a showing that the defendant’s control of the agricultural land constitutes a clear and present danger to the state.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 264 590-02576-23 2023264c1 department may seek an ex parte order of seizure of the agricultural land upon a showing that the defendant’s control of the agricultural land constitutes a clear and present danger to the state.

692.203 Purchase of real property around military installations and critical infrastructure facilities by foreign principals prohibited.— (1) A foreign principal may not directly or indirectly own Pageor 14acquire by purchase, grant, devise, or descent any interest in real property within 20 miles of 26any CODING:military installation or critical infrastructure facility in the state.

This prohibition does not apply to a foreign principal that acquires real property for a diplomatic purpose that is recognized, acknowledged, or allowed by the Federal Government.

(2) A foreign principal that directly or indirectly owns or acquires any interest in real property within 20 miles of any military installation or critical infrastructure facility in the Page 14 of 25 CODING:

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23590-02576-23 2023264c22023264c1 state before July 1, 2023, may continue to own or hold such real property, but may not purchase or otherwise acquire by purchase, grant, devise, or descent any interestadditional in real property within 20 miles of any military installation or critical infrastructure facility in the state.

This prohibition does not apply to a foreign principal that acquires real property for a diplomatic purpose that is recognized, acknowledged, or allowed by the Federal Government.

(2) A foreign principal that directly or indirectly owns or acquires any interest in real property within 20 miles of any military installation or critical infrastructure facility in the state before July 1, 2023, may continue to own or hold such real property, but may not purchase or otherwise acquire by grant, devise, or descent any additional real property within 20 miles of any military installation or critical infrastructure facility in the state.

The department may place a lien against the unregistered real Pageproperty 15for the unpaid balance of 26any CODING:penalties assessed under this paragraph.

(4) Notwithstanding subsection (1), a foreign principal may acquire real property or any interest therein which is within 20 miles of any military installation or critical infrastructure facility in the state on or after July 1, 2023, by devise or descent, through the enforcement of security interests, or through the collection of debts, provided that the foreign principal sells, transfers, or otherwise divests itself of such Page 15 of 25 CODING:

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23590-02576-23 2023264c22023264c1 real property forwithin the2 unpaidyears balanceafter ofacquiring anythe penaltiesreal assessedproperty. under this paragraph.

(4)(5) NotwithstandingAt subsectionthe (1),time aof foreignpurchase, principala maybuyer acquireof real property orthat any interest therein which is located within 20 miles of any military installation or critical infrastructure facility in the state onmust orprovide afteran Julyaffidavit 1,signed 2023,under bypenalty devise or descent, through the enforcement of securityperjury interests,attesting orto throughcompliance thewith collectionthis ofsection. debts, provided that the foreign principal sells, transfers, or otherwise divests itself of such real property within 2 years after acquiring the real property.

(5)(a)The Atfailure theto timeobtain ofor purchase,maintain a buyer of the realaffidavit propertydoes thatnot isaffect withinthe 20title miles of any military installation or criticalinsurability infrastructure facility in this state must provide an affidavit signed under penalty of perjurythe attestingtitle thatfor the buyerreal is:property.

1.The Florida Real Estate Commission shall adopt rules to implement this subsection, including rules establishing the form for the affidavit required under this subsection.

Not(6)(a) aIf foreignany principal;real property is owned or acquired in violation of this section, the real property may be forfeited to the state.

and 2.

In compliance with the requirements of this section.

(b) The failure to obtain or maintain the affidavit does not:

1.

Affect the title or insurability of the title for the real property;

or 2.

Subject the closing agent to civil or criminal liability except for liability under chapter 837, unless the closing agent has actual knowledge that the transaction will result in a violation of this section.

(c) The Florida Real Estate Commission shall adopt rules to implement this subsection, including rules establishing the form for the affidavit required under this subsection.

(6)(a) If any real property is owned or acquired in Page 16 of 26 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23 2023264c2 violation of this section, the real property may be forfeited to the state.

(d) If the court finds that the real property, or any portion thereof, is owned or held in violation of this section, the court must enter a final judgment of forfeiture vesting title to the real property in the state, subject only to the rightsPage and16 interests of bona25 fideCODING: lienholders, and such final judgment relates back to the date of the lis pendens.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 264 590-02576-23 2023264c1 rights and interests of bona fide lienholders, and such final judgment relates back to the date of the lis pendens.

(f) At any time during the forfeiture proceeding the department may seek an ex parte order of seizure of the real Pageproperty 17upon a showing that the defendant’s control of 26the CODING:real property constitutes a clear and present danger to the state.

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23 2023264c2 property upon a showing that the defendant’s control of the real property constitutes a clear and present danger to the state.

692.204 Purchase or acquisition of real property by the People’s Republic of China prohibited.— (1)(a) The following persons or entities may not directly orPage indirectly17 ownof or25 acquireCODING: by purchase, grant, devise, or descent any interest in real property in the state:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 264 590-02576-23 2023264c1 or indirectly own or acquire by purchase, grant, devise, or descent any interest in real property in the state:

Page4. 18 of 26 CODING:

WordsAny strickenperson arewho deletions;is domiciled in the People’s Republic of China and who is not a citizen of the United States.

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23 2023264c2 4.

Any person who is domiciled in the People’s Republic of China and who is not a citizen or lawful permanent resident of the United States.

The department must establish a form for such registration which, at a minimum, must include all of the following:Page 18 of 25 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for SB 264 590-02576-23 2023264c1 following:

Page(4) 19Notwithstanding subsection (1), a person or an entity described in paragraph (1)(a) may acquire real property in the state on or after July 1, 2023, by devise or descent, through the enforcement of 26security CODING:interests, or through the collection of debts, provided that the person or entity sells, transfers, or otherwise divests itself of such real property within 2 years after acquiring the real property unless the person or entity is exempt under paragraph (1)(b).

(5) At the time of purchase, a buyer of real property in the state must provide an affidavit signed under penalty of perjury attesting to compliance with this section.

The failure to obtain or maintain the affidavit does not affect the title or insurability of the title for the real property.

The Florida Real Estate Commission shall adopt rules to implement this subsection, including rules establishing the form for the affidavit required under this subsection.

(6)(a) If any real property is owned or acquired in violation of this section, the real property may be forfeited to Page 19 of 25 CODING:

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23590-02576-23 2023264c22023264c1 (4) Notwithstanding subsection (1), a person or an entity described in paragraph (1)(a) may acquire real property in the statestate. on or after July 1, 2023, by devise or descent, through the enforcement of security interests, or through the collection of debts, provided that the person or entity sells, transfers, or otherwise divests itself of such real property within 2 years after acquiring the real property unless the person or entity is exempt under paragraph (1)(b).

(5)(a)(b) AtThe theDepartment time of purchase,Economic aOpportunity buyermay ofinitiate reala propertycivil action in the statecircuit mustcourt provideof anthe affidavitcounty signedin underwhich penaltythe ofproperty perjurylies attestingfor thatthe forfeiture of the buyerreal is:property or any interest therein.

1.

Not a person or entity described in paragraph (1)(a);

and 2.

In compliance with the requirements of this section.

(b) The failure to obtain or maintain the affidavit does not:

1.

Affect the title or insurability of the title for the real property;

or 2.

Subject the closing agent to civil or criminal liability except for liability under chapter 837, unless the closing agent has actual knowledge that the transaction will result in a violation of this section.

(c) The Florida Real Estate Commission shall adopt rules to implement this subsection, including rules establishing the form for the affidavit required under this subsection.

(6)(a) If any real property is owned or acquired in violation of this section, the real property may be forfeited to the state.

(b) The Department of Economic Opportunity may initiate a Page 20 of 26 CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23 2023264c2 civil action in the circuit court of the county in which the property lies for the forfeiture of the real property or any interest therein.

(f) At any time during the forfeiture proceeding the department may seek an ex parte order of seizure of the real property upon a showing that the defendant’s control of the real propertyPage constitutes20 aof clear25 andCODING: present danger to the state.

(7) A violation of this section constitutes a felony of the Page 21 of 26 CODING:

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23590-02576-23 2023264c22023264c1 thirdproperty degree,constitutes punishablea asclear providedand inpresent s.danger to the state.

(7) A violation of this section constitutes a felony of the third degree, punishable as provided in s.

(c)(a)(a) “Electronic health record” means a record of a person’s medical treatment which is created by a licensed health care provider and stored in an interoperable and accessible digital format.

(i)(b) “Qualified electronic health record” means an electronic record of health-related information concerning an individual which includes patient demographic and clinical health information, such as medical history and problem lists, and which has the capacity to provide clinical decision support, to support physician order entry, to capture and query information relevant to health care quality, and to exchange electronic health information with, and integrate such informationPage from,21 otherof sources.25 CODING:

(a)(c) “Certified electronic health record technology” Page 22 of 26 CODING:

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23590-02576-23 2023264c22023264c1 meansinformation afrom, qualifiedother electronicsources. health record that is certified pursuant to s.

(b)(c) “Certified electronic health record technology” means a qualified electronic health record that is certified pursuant to s.

(b)(c) “Cloud computing” has the same meaning as in s.

(g)(f) “Patient” means an individual who has sought, is seeking, is undergoing, or has undergone care or treatment in a Page 2322 of 2625 CODING:

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23590-02576-23 2023264c22023264c1 (g)(f) “Patient” means an individual who has sought, is seeking, is undergoing, or has undergone care or treatment in a health care facility or by a health care provider.

part 160 and subparts A and C of part 164, a health care provider that utilizes certified electronic health record technology must ensure that all patient information stored in an offsite physical or virtual environment, including through a third-party or subcontracted computing facility or an entity providing cloud computing services, is physically maintained in the continental United StatesStates. or its territories or Canada.

Subsections (14) and (15) are added to section 408.810,Page Florida23 Statutes,of to25 read:CODING:

408.810 Minimum licensure requirements.—In addition to the Page 24 of 26 CODING:

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23590-02576-23 2023264c22023264c1 licensure408.810, requirementsFlorida specifiedStatutes, in this part, authorizing statutes, and applicable rules, each applicant and licensee must comply with the requirements of this section in order to obtainread: and maintain a license.

408.810 Minimum licensure requirements.—In addition to the licensure requirements specified in this part, authorizing statutes, and applicable rules, each applicant and licensee must comply with the requirements of this section in order to obtain and maintain a license.

836.05Page Threats;24 of 25 CODING:

extortion.— (1) Whoever, either verbally or by a written or printed Page 25 of 26 CODING:

Florida Senate - 2023 CS for CS for SB 264 595-02897A-23590-02576-23 2023264c22023264c1 communication,836.05 maliciouslyThreats; threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, commits shall be guilty of a felony of the second degree, punishable as provided in s.

extortion.— (1) Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, commits shall be guilty of a felony of the second degree, punishable as provided in s.

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