Florida Senate - 2023                       CS for CS for SB 264
       
       
        
       By the Committees on Rules; and Judiciary; and Senators Collins
       and Avila
       
       
       
       
       595-02897A-23                                          2023264c2
    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         governmental 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, or subject the closing
   47         agent to certain liability; authorizing the Florida
   48         Real Estate Commission to adopt rules; authorizing
   49         that certain agricultural land or real property be
   50         forfeited to the state; authorizing the Department of
   51         Agriculture and Consumer Services and the Department
   52         of Economic Opportunity to initiate civil actions for
   53         forfeiture of the interest in agricultural land or
   54         real property, respectively; requiring that such
   55         actions be filed in a certain circuit court; requiring
   56         clerks to record a lis pendens; requiring courts to
   57         advance the cause on the calendar; authorizing
   58         defendants to petition to modify or discharge the lis
   59         pendens; requiring the court to enter a specified
   60         final judgment under certain circumstances;
   61         authorizing the Department of Agriculture and Consumer
   62         Services and the Department of Economic Opportunity,
   63         respectively, to sell the agricultural land or real
   64         property; providing requirements for the proceeds from
   65         such sale; authorizing the Department of Agriculture
   66         and Consumer Services and the Department of Economic
   67         Opportunity, respectively, to seek a specified ex
   68         parte order; providing criminal penalties; requiring
   69         the Department of Agriculture and Consumer Services
   70         and the Department of Economic Opportunity,
   71         respectively, to adopt rules; creating s. 692.204,
   72         F.S.; prohibiting the People’s Republic of China, the
   73         Chinese Communist Party, any other political party or
   74         member of a political party in the People’s Republic
   75         of China, and certain persons and entities from
   76         purchasing or acquiring real property in the state;
   77         providing an exception; authorizing such persons and
   78         entities to continue to own or hold such real property
   79         under certain circumstances; requiring certain persons
   80         or entities that own or acquire real property in the
   81         state to register with the Department of Economic
   82         Opportunity by a specified date; requiring the
   83         Department of Economic Opportunity to establish a form
   84         for such registration; providing civil penalties;
   85         authorizing the Department of Economic Opportunity to
   86         place a lien against unregistered real property;
   87         requiring certain persons and entities to sell,
   88         transfer, or otherwise divest themselves of certain
   89         real property within a specified timeframe; requiring
   90         buyers of real property to provide a signed affidavit;
   91         specifying that the failure to maintain or obtain the
   92         affidavit does not affect the title or insurability of
   93         the title for the real property or subject the closing
   94         agent to certain liability; authorizing the commission
   95         to adopt rules; authorizing certain real property to
   96         be forfeited to the state; authorizing the Department
   97         of Economic Opportunity to initiate civil actions for
   98         forfeiture of the interest in real property; requiring
   99         such actions to be filed in a certain circuit court;
  100         requiring clerks to record a lis pendens; requiring
  101         courts to advance the cause on the calendar;
  102         authorizing defendants to petition to modify or
  103         discharge the lis pendens; requiring the court to
  104         enter a specified final judgment under certain
  105         circumstances; authorizing the Department of Economic
  106         Opportunity to sell the real property; providing
  107         requirements for the proceeds from such sale;
  108         authorizing the Department of Economic Opportunity to
  109         seek a specified ex parte order; providing criminal
  110         penalties; requiring the Department of Economic
  111         Opportunity to adopt rules; amending s. 408.051, F.S.;
  112         defining the terms “cloud computing” and “health care
  113         provider”; requiring that certain information held by
  114         health care providers that utilize certified
  115         electronic health record technology be maintained in
  116         specified locations; providing applicability; amending
  117         s. 408.810, F.S.; requiring a licensee to sign a
  118         specified affidavit upon initial application for a
  119         license and any renewal applications; authorizing
  120         disciplinary action by the Agency for Health Care
  121         Administration; prohibiting a person or entity that
  122         possesses a controlling interest from holding an
  123         interest in certain entities; providing definitions;
  124         amending s. 836.05, F.S.; providing enhanced criminal
  125         penalties for threatening a person while acting as a
  126         foreign agent with the intent of benefiting a foreign
  127         country of concern; providing an effective date.
  128          
  129  Be It Enacted by the Legislature of the State of Florida:
  130  
  131         Section 1. Section 287.138, Florida Statutes, is created to
  132  read:
  133         287.138Contracting with entities of foreign countries of
  134  concern prohibited.—
  135         (1)As used in this section, the term:
  136         (a)“Controlling interest” means possession of the power to
  137  direct or cause the direction of the management or policies of a
  138  company, whether through ownership of securities, by contract,
  139  or otherwise. A person or entity that directly or indirectly has
  140  the right to vote 25 percent or more of the voting interests of
  141  the company or is entitled to 25 percent or more of its profits
  142  is presumed to possess a controlling interest.
  143         (b)“Department” means the Department of Management
  144  Services.
  145         (c)“Foreign country of concern” means the People’s
  146  Republic of China, the Russian Federation, the Islamic Republic
  147  of Iran, the Democratic People’s Republic of Korea, the Republic
  148  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
  149  Arab Republic, including any agency of or any other entity of
  150  significant control of such foreign country of concern.
  151         (d)“Governmental entity” means any state, county,
  152  district, authority, or municipal officer, department, division,
  153  board, bureau, commission, or other separate unit of government
  154  created or established by law including, but not limited to, the
  155  Commission on Ethics, the Public Service Commission, the Office
  156  of Public Counsel, and any other public or private agency,
  157  person, partnership, corporation, or business entity acting on
  158  behalf of any public agency.
  159         (2) A governmental entity may not knowingly enter into a
  160  contract with an entity which would give access to an
  161  individual’s personal identifying information if:
  162         (a) The entity is owned by the government of a foreign
  163  country of concern;
  164         (b) The government of a foreign country of concern has a
  165  controlling interest in the entity; or
  166         (c) The entity is organized under the laws of or has its
  167  principal place of business in a foreign country of concern.
  168         (3) Beginning July 1, 2025, a governmental entity may not
  169  extend or renew a contract with an entity listed in paragraphs
  170  (2)(a)-(c) if the contract would give such entity access to an
  171  individual’s personal identifying information.
  172         (4)(a) Beginning January 1, 2024, a governmental entity may
  173  not accept a bid on, a proposal for, or a reply to, or enter
  174  into, a contract with an entity which would grant the entity
  175  access to an individual’s personal identifying information
  176  unless the entity provides the governmental entity with an
  177  affidavit signed by an officer or representative of the entity
  178  under penalty of perjury attesting that the entity does not meet
  179  any of the criteria in paragraphs (2)(a)-(c).
  180         (b) Beginning July 1, 2025, when an entity extends or
  181  renews a contract with a governmental entity which would grant
  182  the entity access to an individual’s personal identifying
  183  information, the entity must provide the governmental entity
  184  with an affidavit signed by an officer or representative of the
  185  entity under penalty of perjury attesting that the entity does
  186  not meet any of the criteria in paragraphs (2)(a)-(c).
  187         (5) The Attorney General may bring a civil action in any
  188  court of competent jurisdiction against an entity that violates
  189  this section. Violations of this section may result in:
  190         (a) A civil penalty equal to twice the amount of the
  191  contract for which the entity submitted a bid or proposal for,
  192  replied to, or entered into;
  193         (b) Ineligibility to enter into, renew, or extend any
  194  contract, including any grant agreements, with any governmental
  195  entity for up to 5 years;
  196         (c) Ineligibility to receive or renew any license,
  197  certification, or credential issued by a governmental entity for
  198  up to 5 years; and
  199         (d) Placement on the suspended vendor list pursuant to s.
  200  287.1351.
  201         (6) Any penalties collected under subsection (5) must be
  202  deposited into the General Revenue Fund.
  203         (7) The department shall adopt rules to implement this
  204  section, including rules establishing the form for the affidavit
  205  required under subsection (4).
  206         Section 2. Section 288.007, Florida Statutes, is created to
  207  read:
  208         288.007 Economic incentives to foreign countries of concern
  209  prohibited.—
  210         (1)As used in this section, the term:
  211         (a)“Controlled by” means having possession of the power to
  212  direct or cause the direction of the management or policies of a
  213  company, whether through ownership of securities, by contract,
  214  or otherwise. A person or entity that directly or indirectly has
  215  the right to vote 25 percent or more of the voting interests of
  216  the company or that is entitled to 25 percent or more of its
  217  profits is presumed to control the foreign entity.
  218         (b)“Economic incentive” means all programs administered
  219  by, or for which an applicant for the program must seek
  220  certification, approval, or other action by, the department
  221  under this chapter, chapter 212, or chapter 220; and all local
  222  economic development programs, grants, or financial benefits
  223  administered by a political subdivision or an agent thereof.
  224         (c)“Foreign country of concern” has the same meaning as in
  225  s. 692.201.
  226         (d)“Foreign entity” means an entity that is:
  227         1.Owned or controlled by the government of a foreign
  228  country of concern; or
  229         2.A partnership, association, corporation, organization,
  230  or other combination of persons organized under the laws of or
  231  having its principal place of business in a foreign country of
  232  concern, or a subsidiary of such entity.
  233         (e)“Government entity” means a state agency, a political
  234  subdivision, or any other public or private agency, person,
  235  partnership, corporation, or business entity acting on behalf of
  236  any public agency.
  237         (2)A government entity may not knowingly enter into an
  238  agreement or contract for an economic incentive with a foreign
  239  entity.
  240         (3)Before providing any economic incentive, a government
  241  entity must require the recipient or applicant to provide the
  242  government entity with an affidavit signed under penalty of
  243  perjury attesting that the recipient or applicant is not a
  244  foreign entity.
  245         (4)The department shall adopt rules to administer this
  246  section, including rules establishing the form for the affidavit
  247  required under subsection (3).
  248         Section 3. The Division of Law Revision is directed to
  249  create part III of chapter 692, Florida Statutes, consisting of
  250  ss. 692.201, 692.202, 692.203, and 692.204, Florida Statutes, to
  251  be entitled “Conveyances to Foreign Entities.”
  252         Section 4. Section 692.201, Florida Statutes, is created to
  253  read:
  254         692.201 Definitions.—As used in this part, the term:
  255         (1) “Agricultural land” means land classified as
  256  agricultural under s. 193.461.
  257         (2) “Critical infrastructure facility” means any of the
  258  following, if it employs measures such as fences, barriers, or
  259  guard posts that are designed to exclude unauthorized persons:
  260         (a) A chemical manufacturing facility.
  261         (b) A refinery.
  262         (c) An electrical power plant as defined in s. 403.031(20),
  263  including a substation, switching station, electrical control
  264  center, or electric transmission or distribution facility.
  265         (d) A water intake structure, water treatment facility,
  266  wastewater treatment plant, or pump station.
  267         (e) A natural gas transmission compressor station.
  268         (f) A liquid natural gas terminal or storage facility.
  269         (g) A telecommunications central switching office.
  270         (h) An inland port or other facility or group of facilities
  271  serving as a point of intermodal transfer of freight in a
  272  specific area physically separated from a seaport.
  273         (i) A gas processing plant, including a plant used in the
  274  processing, treatment, or fractionation of natural gas.
  275         (j)A seaport as listed in s. 311.09.
  276         (k) A spaceport territory as defined in s. 331.303(18).
  277         (3) “Foreign country of concern” means the People’s
  278  Republic of China, the Russian Federation, the Islamic Republic
  279  of Iran, the Democratic People’s Republic of Korea, the Republic
  280  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
  281  Arab Republic, including any agency of or any other entity of
  282  significant control of such foreign country of concern.
  283         (4) “Foreign principal” means:
  284         (a)The government or any official of the government of a
  285  foreign country of concern;
  286         (b)A political party or member of a political party or any
  287  subdivision of a political party in a foreign country of
  288  concern;
  289         (c)A partnership, association, corporation, organization,
  290  or other combination of persons organized under the laws of or
  291  having its principal place of business in a foreign country of
  292  concern, or a subsidiary of such entity;
  293         (d)Any person who is domiciled in a foreign country of
  294  concern and is not a citizen or lawful permanent resident of the
  295  United States.
  296         (5)“Military installation” has the same meaning as in 10
  297  U.S.C. s. 2801(c)(4) and includes an armory as defined in s.
  298  250.01.
  299         (6)“Real property” means land, buildings, fixtures, and
  300  all other improvements to land.
  301         Section 5. Section 692.202, Florida Statutes, is created to
  302  read:
  303         692.202 Purchase of agricultural land by foreign principals
  304  prohibited.—
  305         (1) A foreign principal may not directly or indirectly own
  306  or acquire by purchase, grant, devise, or descent agricultural
  307  land or any interest in such land in the state. This prohibition
  308  does not apply to a foreign principal that acquires agricultural
  309  land for a diplomatic purpose that is recognized, acknowledged,
  310  or allowed by the Federal Government.
  311         (2) A foreign principal that directly or indirectly owns or
  312  acquires agricultural land or any interest in such land in the
  313  state before July 1, 2023, may continue to own or hold such land
  314  or interest, but may not purchase or otherwise acquire by grant,
  315  devise, or descent any additional agricultural land or interest
  316  in such land in the state.
  317         (3)(a) A foreign principal that directly or indirectly owns
  318  or acquires agricultural land or any interest in such land in
  319  the state before July 1, 2023, must register with the Department
  320  of Agriculture and Consumer Services by January 1, 2024. The
  321  department must establish a form for such registration, which,
  322  at minimum, must include all of the following:
  323         1. The name of the owner of the agricultural land or the
  324  owner of the interest in such land.
  325         2. The address of the agricultural land, the property
  326  appraiser’s parcel identification number, and the property’s
  327  legal description.
  328         3. The number of acres of the agricultural land.
  329         (b) A foreign principal that fails to timely file a
  330  registration with the department is subject to a civil penalty
  331  of $1,000 for each day that the registration is late. The
  332  department may place a lien against the unregistered
  333  agricultural land for the unpaid balance of any penalties
  334  assessed under this paragraph.
  335         (4)Notwithstanding subsection (1), a foreign principal may
  336  acquire agricultural land on or after July 1, 2023, by devise or
  337  descent, through the enforcement of security interests, or
  338  through the collection of debts, provided that the foreign
  339  principal sells, transfers, or otherwise divests itself of the
  340  agricultural land within 2 years after acquiring the
  341  agricultural land.
  342         (5)(a) At the time of purchase, a buyer of agricultural
  343  land or an interest in such land must provide an affidavit
  344  signed under penalty of perjury attesting that the buyer is:
  345         1. Not a foreign principal; and
  346         2.In compliance with the requirements of this section.
  347         (b) The failure to obtain or maintain the affidavit does
  348  not:
  349         1. Affect the title or insurability of the title for the
  350  agricultural land; or
  351         2. Subject the closing agent to civil or criminal liability
  352  except for liability under chapter 837, unless the closing agent
  353  has actual knowledge that the transaction will result in a
  354  violation of this section.
  355         (c) The Florida Real Estate Commission shall adopt rules to
  356  implement this subsection, including rules establishing the form
  357  for the affidavit required under this subsection.
  358         (6)(a)The agricultural land or an interest in such land
  359  that is owned or acquired in violation of this section may be
  360  forfeited to the state.
  361         (b)The Department of Agriculture and Consumer Services may
  362  initiate a civil action in the circuit court of the county in
  363  which the property lies for the forfeiture of the agricultural
  364  land or any interest therein.
  365         (c)Upon filing such action, the clerk must record a lis
  366  pendens in accordance with s. 48.23. The court must advance the
  367  cause on the calendar. The defendant may at any time petition to
  368  modify or discharge the lis pendens based upon a finding that
  369  there is no probable cause to believe that the agricultural
  370  land, or any portion thereof, is owned or held in violation of
  371  this section.
  372         (d)If the court finds that the agricultural land, or any
  373  portion thereof, is owned or held in violation of this section,
  374  the court must enter a final judgment of forfeiture vesting
  375  title to the agricultural land in the state, subject only to the
  376  rights and interests of bona fide lienholders, and such final
  377  judgment relates back to the date of the lis pendens.
  378         (e)The department may sell the agricultural land subject
  379  to a final judgment of forfeiture. Any proceeds from the sale
  380  must first be paid to any lienholders of the land, followed by
  381  payment of any outstanding fines assessed pursuant to this
  382  section, after which the department must be reimbursed for all
  383  costs related to the forfeiture civil action and any costs
  384  related to the sale of the land. Any remaining proceeds must be
  385  paid to the property owner.
  386         (f)At any time during the forfeiture proceeding the
  387  department may seek an ex parte order of seizure of the
  388  agricultural land upon a showing that the defendant’s control of
  389  the agricultural land constitutes a clear and present danger to
  390  the state.
  391         (7)A foreign principal that purchases or acquires
  392  agricultural land or any interest therein in violation of this
  393  section commits a misdemeanor of the second degree, punishable
  394  as provided in s. 775.082 or s. 775.083.
  395         (8)A person who knowingly sells agricultural land or any
  396  interest therein in violation of this section commits a
  397  misdemeanor of the second degree, punishable as provided in s.
  398  775.082 or s. 775.083.
  399         (9) The Department of Agriculture and Consumer Services
  400  shall adopt rules to implement this section.
  401         Section 6. Section 692.203, Florida Statutes, is created to
  402  read:
  403         692.203 Purchase of real property around military
  404  installations and critical infrastructure facilities by foreign
  405  principals prohibited.—
  406         (1) A foreign principal may not directly or indirectly own
  407  or acquire by purchase, grant, devise, or descent any interest
  408  in real property within 20 miles of any military installation or
  409  critical infrastructure facility in the state. This prohibition
  410  does not apply to a foreign principal that acquires real
  411  property for a diplomatic purpose that is recognized,
  412  acknowledged, or allowed by the Federal Government.
  413         (2) A foreign principal that directly or indirectly owns or
  414  acquires any interest in real property within 20 miles of any
  415  military installation or critical infrastructure facility in the
  416  state before July 1, 2023, may continue to own or hold such real
  417  property, but may not purchase or otherwise acquire by grant,
  418  devise, or descent any additional real property within 20 miles
  419  of any military installation or critical infrastructure facility
  420  in the state.
  421         (3)(a) A foreign principal that owns or acquires real
  422  property within 20 miles of any military installation or
  423  critical infrastructure facility in the state before July 1,
  424  2023, must register with the Department of Economic Opportunity
  425  by January 1, 2024. The department must establish a form for
  426  such registration which, at a minimum, must include all of the
  427  following:
  428         1. The name of the owner of the real property.
  429         2. The address of the real property, the property
  430  appraiser’s parcel identification number, and the property’s
  431  legal description.
  432         (b) A foreign principal that fails to timely file a
  433  registration with the department is subject to a civil penalty
  434  of $1,000 for each day that the registration is late. The
  435  department may place a lien against the unregistered real
  436  property for the unpaid balance of any penalties assessed under
  437  this paragraph.
  438         (4)Notwithstanding subsection (1), a foreign principal may
  439  acquire real property or any interest therein which is within 20
  440  miles of any military installation or critical infrastructure
  441  facility in the state on or after July 1, 2023, by devise or
  442  descent, through the enforcement of security interests, or
  443  through the collection of debts, provided that the foreign
  444  principal sells, transfers, or otherwise divests itself of such
  445  real property within 2 years after acquiring the real property.
  446         (5)(a) At the time of purchase, a buyer of the real
  447  property that is within 20 miles of any military installation or
  448  critical infrastructure facility in this state must provide an
  449  affidavit signed under penalty of perjury attesting that the
  450  buyer is:
  451         1. Not a foreign principal; and
  452         2.In compliance with the requirements of this section.
  453         (b) The failure to obtain or maintain the affidavit does
  454  not:
  455         1. Affect the title or insurability of the title for the
  456  real property; or
  457         2. Subject the closing agent to civil or criminal liability
  458  except for liability under chapter 837, unless the closing agent
  459  has actual knowledge that the transaction will result in a
  460  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         (6)(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 Economic Opportunity may initiate a
  468  civil action in the circuit court of the county in which the
  469  property lies for the forfeiture of the real property or any
  470  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 the 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         (7)A foreign principal that purchases or acquires real
  497  property or any interest therein in violation of this section
  498  commits a misdemeanor of the second degree, punishable as
  499  provided in s. 775.082 or s. 775.083.
  500         (8)A person who knowingly sells real property or any
  501  interest therein in violation of this section commits a
  502  misdemeanor of the second degree, punishable as provided in s.
  503  775.082 or s. 775.083.
  504         (9) The Department of Economic Opportunity shall adopt
  505  rules to implement this section.
  506         Section 7. Section 692.204, Florida Statutes, is created to
  507  read:
  508         692.204 Purchase or acquisition of real property by the
  509  People’s Republic of China prohibited.—
  510         (1)(a)The following persons or entities may not directly
  511  or indirectly own or acquire by purchase, grant, devise, or
  512  descent any interest in real property in the state:
  513         1. The People’s Republic of China, the Chinese Communist
  514  Party, or any official or member of the People’s Republic of
  515  China or the Chinese Communist Party.
  516         2. Any other political party or member of a political party
  517  or a subdivision of a political party in the People’s Republic
  518  of China.
  519         3. A partnership, an association, a corporation, an
  520  organization, or any other combination of persons organized
  521  under the laws of or having its principal place of business in
  522  the People’s Republic of China, or a subsidiary of such entity.
  523         4. Any person who is domiciled in the People’s Republic of
  524  China and who is not a citizen or lawful permanent resident of
  525  the United States.
  526         (b) Paragraph (a) does not apply to a person or entity of
  527  the People’s Republic of China that acquires real property for a
  528  diplomatic purpose that is recognized, acknowledged, or allowed
  529  by the Federal Government.
  530         (2) A person or entity described in paragraph (1)(a) that
  531  directly or indirectly owns or acquires any interest in real
  532  property in the state before July 1, 2023, may continue to own
  533  or hold such real property, but may not purchase or otherwise
  534  acquire by grant, devise, or descent any additional real
  535  property in the state.
  536         (3)(a)A person or entity described in paragraph (1)(a)
  537  that owns or acquires real property in the state before July 1,
  538  2023, must register with the Department of Economic Opportunity
  539  by January 1, 2024. The department must establish a form for
  540  such registration which, at a minimum, must include all of the
  541  following:
  542         1. The name of the owner of the real property.
  543         2. The address of the real property, the property
  544  appraiser’s parcel identification number, and the property’s
  545  legal description.
  546         (b) A person or entity that fails to timely file a
  547  registration with the department is subject to a civil penalty
  548  of $1,000 for each day that the registration is late. The
  549  department may place a lien against the unregistered real
  550  property for the unpaid balance of any penalties assessed under
  551  this paragraph.
  552         (4) Notwithstanding subsection (1), a person or an entity
  553  described in paragraph (1)(a) may acquire real property in the
  554  state on or after July 1, 2023, by devise or descent, through
  555  the enforcement of security interests, or through the collection
  556  of debts, provided that the person or entity sells, transfers,
  557  or otherwise divests itself of such real property within 2 years
  558  after acquiring the real property unless the person or entity is
  559  exempt under paragraph (1)(b).
  560         (5)(a) At the time of purchase, a buyer of real property in
  561  the state must provide an affidavit signed under penalty of
  562  perjury attesting that the buyer is:
  563         1. Not a person or entity described in paragraph (1)(a);
  564  and
  565         2. In compliance with the requirements of this section.
  566         (b) The failure to obtain or maintain the affidavit does
  567  not:
  568         1. Affect the title or insurability of the title for the
  569  real property; or
  570         2. Subject the closing agent to civil or criminal liability
  571  except for liability under chapter 837, unless the closing agent
  572  has actual knowledge that the transaction will result in a
  573  violation of this section.
  574         (c) The Florida Real Estate Commission shall adopt rules to
  575  implement this subsection, including rules establishing the form
  576  for the affidavit required under this subsection.
  577         (6)(a) If any real property is owned or acquired in
  578  violation of this section, the real property may be forfeited to
  579  the state.
  580         (b)The Department of Economic Opportunity may initiate a
  581  civil action in the circuit court of the county in which the
  582  property lies for the forfeiture of the real property or any
  583  interest therein.
  584         (c)Upon filing such action, the clerk must record a lis
  585  pendens in accordance with s. 48.23. The court must advance the
  586  cause on the calendar. The defendant may at any time petition to
  587  modify or discharge the lis pendens based upon a finding that
  588  there is no probable cause to believe that the real property, or
  589  any portion thereof, is owned or held in violation of this
  590  section.
  591         (d)If the court finds that the real property, or any
  592  portion thereof, is owned or held in violation of this section,
  593  the court must enter a final judgment of forfeiture vesting
  594  title to the real property in the state, subject only to the
  595  rights and interests of bona fide lienholders, and such final
  596  judgment relates back to the date of the lis pendens.
  597         (e)The department may sell the real property subject to a
  598  final judgment of forfeiture. Any proceeds from the sale must
  599  first be paid to any lienholders of the land, followed by
  600  payment of any outstanding fines assessed pursuant to this
  601  section, after which the department must be reimbursed for all
  602  costs related to the forfeiture civil action and any costs
  603  related to the sale of the land. Any remaining proceeds must be
  604  paid to the property owner.
  605         (f)At any time during the forfeiture proceeding the
  606  department may seek an ex parte order of seizure of the real
  607  property upon a showing that the defendant’s control of the real
  608  property constitutes a clear and present danger to the state.
  609         (7)A violation of this section constitutes a felony of the
  610  third degree, punishable as provided in s. 775.082, s. 775.083,
  611  or s. 775.084.
  612         (8)A person who sells real property or any interest
  613  therein in violation of this section commits a misdemeanor of
  614  the first degree, punishable as provided in s. 775.082 or s.
  615  775.083.
  616         (9) The Department of Economic Opportunity shall adopt
  617  rules to implement this section.
  618         Section 8. Present subsections (3), (4), and (5) of section
  619  408.051, Florida Statutes, are redesignated as subsections (4),
  620  (5), and (6), respectively, a new subsection (3) is added to
  621  that section, and subsection (2) of that section is reordered
  622  and amended, to read:
  623         408.051 Florida Electronic Health Records Exchange Act.—
  624         (2) DEFINITIONS.—As used in this section, the term:
  625         (c)(a) “Electronic health record” means a record of a
  626  person’s medical treatment which is created by a licensed health
  627  care provider and stored in an interoperable and accessible
  628  digital format.
  629         (i)(b) “Qualified electronic health record” means an
  630  electronic record of health-related information concerning an
  631  individual which includes patient demographic and clinical
  632  health information, such as medical history and problem lists,
  633  and which has the capacity to provide clinical decision support,
  634  to support physician order entry, to capture and query
  635  information relevant to health care quality, and to exchange
  636  electronic health information with, and integrate such
  637  information from, other sources.
  638         (a)(c) “Certified electronic health record technology”
  639  means a qualified electronic health record that is certified
  640  pursuant to s. 3001(c)(5) of the Public Health Service Act as
  641  meeting standards adopted under s. 3004 of such act which are
  642  applicable to the type of record involved, such as an ambulatory
  643  electronic health record for office-based physicians or an
  644  inpatient hospital electronic health record for hospitals.
  645         (b) “Cloud computing” has the same meaning as in s.
  646  282.0041.
  647         (d) “Health care provider” means any of the following:
  648         1. A provider as defined in s. 408.803.
  649         2. A health care practitioner as defined in s. 456.001.
  650         3. A health care professional certified under part IV of
  651  chapter 468.
  652         4. A home health aide as defined in s. 400.462.
  653         5. A service provider as defined in s. 394.455 and the
  654  service provider’s clinical and nonclinical staff who provide
  655  inpatient or outpatient services.
  656         6. A continuing care facility licensed under chapter 651.
  657         7. A pharmacy permitted under chapter 465.
  658         (e)(d) “Health record” means any information, recorded in
  659  any form or medium, which relates to the past, present, or
  660  future health of an individual for the primary purpose of
  661  providing health care and health-related services.
  662         (f)(e) “Identifiable health record” means any health record
  663  that identifies the patient or with respect to which there is a
  664  reasonable basis to believe the information can be used to
  665  identify the patient.
  666         (g)(f) “Patient” means an individual who has sought, is
  667  seeking, is undergoing, or has undergone care or treatment in a
  668  health care facility or by a health care provider.
  669         (h)(g) “Patient representative” means a parent of a minor
  670  patient, a court-appointed guardian for the patient, a health
  671  care surrogate, or a person holding a power of attorney or
  672  notarized consent appropriately executed by the patient granting
  673  permission to a health care facility or health care provider to
  674  disclose the patient’s health care information to that person.
  675  In the case of a deceased patient, the term also means the
  676  personal representative of the estate of the deceased patient;
  677  the deceased patient’s surviving spouse, surviving parent, or
  678  surviving adult child; the parent or guardian of a surviving
  679  minor child of the deceased patient; the attorney for the
  680  patient’s surviving spouse, parent, or adult child; or the
  681  attorney for the parent or guardian of a surviving minor child.
  682         (3) SECURITY AND STORAGE OF PERSONAL MEDICAL INFORMATION.
  683  In addition to the requirements in 45 C.F.R. part 160 and
  684  subparts A and C of part 164, a health care provider that
  685  utilizes certified electronic health record technology must
  686  ensure that all patient information stored in an offsite
  687  physical or virtual environment, including through a third-party
  688  or subcontracted computing facility or an entity providing cloud
  689  computing services, is physically maintained in the continental
  690  United States or its territories or Canada. This subsection
  691  applies to all qualified electronic health records that are
  692  stored using any technology that can allow information to be
  693  electronically retrieved, accessed, or transmitted.
  694         Section 9. Subsections (14) and (15) are added to section
  695  408.810, Florida Statutes, to read:
  696         408.810 Minimum licensure requirements.—In addition to the
  697  licensure requirements specified in this part, authorizing
  698  statutes, and applicable rules, each applicant and licensee must
  699  comply with the requirements of this section in order to obtain
  700  and maintain a license.
  701         (14) The licensee must sign an affidavit at the time of his
  702  or her initial application for a license and on any renewal
  703  applications thereafter that attests under penalty of perjury
  704  that he or she is in compliance with s. 408.051(3). The licensee
  705  must remain in compliance with s. 408.051(3) or the licensee
  706  shall be subject to disciplinary action by the agency.
  707         (15)(a) The licensee must ensure that a person or entity
  708  who possesses a controlling interest does not hold, either
  709  directly or indirectly, regardless of ownership structure, an
  710  interest in an entity that has a business relationship with a
  711  foreign country of concern or that is subject to s. 287.135.
  712         (b) For purposes of this subsection, the term:
  713         1. “Business relationship” means engaging in commerce in
  714  any form, including, but not limited to, acquiring, developing,
  715  maintaining, owning, selling, possessing, leasing, or operating
  716  equipment, facilities, personnel, products, services, personal
  717  property, real property, military equipment, or any other
  718  apparatus of business or commerce.
  719         2. “Foreign country of concern” has the same meaning as in
  720  s. 692.201.
  721         3. “Interest” has the same meaning as in s. 286.101(1).
  722         Section 10. Section 836.05, Florida Statutes, is amended to
  723  read:
  724         836.05 Threats; extortion.—
  725         (1) Whoever, either verbally or by a written or printed
  726  communication, maliciously threatens to accuse another of any
  727  crime or offense, or by such communication maliciously threatens
  728  an injury to the person, property or reputation of another, or
  729  maliciously threatens to expose another to disgrace, or to
  730  expose any secret affecting another, or to impute any deformity
  731  or lack of chastity to another, with intent thereby to extort
  732  money or any pecuniary advantage whatsoever, or with intent to
  733  compel the person so threatened, or any other person, to do any
  734  act or refrain from doing any act against his or her will,
  735  commits shall be guilty of a felony of the second degree,
  736  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  737         (2) A person who commits a violation of subsection (1) and
  738  at the time of the violation is acting as a foreign agent, as
  739  defined in s. 812.081(1), with the intent of benefiting a
  740  foreign country of concern, as defined in s. 692.201, commits a
  741  felony of the first degree, punishable as provided in s.
  742  775.082, s. 775.083, or s. 775.084.
  743         Section 11. This act shall take effect July 1, 2023.