CS for CS for SB 264                             First Engrossed
       
       
       
       
       
       
       
       
       2023264e1
       
    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         having more than a de minimus indirect interest in
   26         such land, and certain real property in this state,
   27         respectively; authorizing foreign principals to
   28         continue to own or hold such land or property under
   29         certain circumstances; requiring certain foreign
   30         principals that own or acquire such land or real
   31         property to register with a specified department;
   32         requiring the Department of Agriculture and Consumer
   33         Services and the Department of Economic Opportunity,
   34         respectively, to establish a form for such
   35         registration; providing civil penalties; authorizing
   36         the Department of Agriculture and Consumer Services
   37         and the Department of Economic Opportunity to place a
   38         lien against unregistered agricultural land or real
   39         property, respectively; requiring certain foreign
   40         principals to sell, transfer, or otherwise divest
   41         themselves of certain agricultural land or real
   42         property within a specified timeframe; requiring
   43         buyers of such land or property to provide a signed
   44         affidavit; specifying that the failure to maintain or
   45         obtain the affidavit does not affect the title or
   46         insurability of the title for the agricultural land or
   47         real property, respectively, or subject the closing
   48         agent to certain liability; authorizing the Florida
   49         Real Estate Commission to adopt rules; authorizing
   50         that certain agricultural land or real property be
   51         forfeited to the state; authorizing the Department of
   52         Agriculture and Consumer Services and the Department
   53         of Economic Opportunity to initiate civil actions for
   54         forfeiture of the interest in agricultural land or
   55         real property, respectively; requiring that such
   56         actions be filed in a certain circuit court; requiring
   57         clerks to record a lis pendens; requiring courts to
   58         advance the cause on the calendar; authorizing
   59         defendants to petition to modify or discharge the lis
   60         pendens; requiring the court to enter a specified
   61         final judgment under certain circumstances;
   62         authorizing the Department of Agriculture and Consumer
   63         Services and the Department of Economic Opportunity,
   64         respectively, to sell the agricultural land or real
   65         property; providing requirements for the proceeds from
   66         such sale; authorizing the Department of Agriculture
   67         and Consumer Services and the Department of Economic
   68         Opportunity, respectively, to seek a specified ex
   69         parte order; providing criminal penalties; requiring
   70         the Department of Agriculture and Consumer Services
   71         and the Department of Economic Opportunity,
   72         respectively, to adopt rules; creating s. 692.204,
   73         F.S.; prohibiting the People’s Republic of China, the
   74         Chinese Communist Party, any other political party or
   75         member of a political party in the People’s Republic
   76         of China, and certain persons and entities from
   77         purchasing or acquiring real property in this state or
   78         having more than a de minimus indirect interest in
   79         such real property; authorizing such persons and
   80         entities to continue to own or hold such real property
   81         under certain circumstances; requiring certain persons
   82         or entities that own or acquire real property in this
   83         state to register with the Department of Economic
   84         Opportunity by a specified date; requiring the
   85         Department of Economic Opportunity to establish a form
   86         for such registration; providing civil penalties;
   87         authorizing the Department of Economic Opportunity to
   88         place a lien against unregistered real property;
   89         requiring certain persons and entities to sell,
   90         transfer, or otherwise divest themselves of certain
   91         real property within a specified timeframe; requiring
   92         buyers of real property to provide a signed affidavit;
   93         specifying that the failure to maintain or obtain the
   94         affidavit does not affect the title or insurability of
   95         the title for the real property or subject the closing
   96         agent to certain liability; authorizing the commission
   97         to adopt rules; authorizing certain real property to
   98         be forfeited to the state; authorizing the Department
   99         of Economic Opportunity to initiate civil actions for
  100         forfeiture of the interest in real property; requiring
  101         such actions to be filed in a certain circuit court;
  102         requiring clerks to record a lis pendens; requiring
  103         courts to advance the cause on the calendar;
  104         authorizing defendants to petition to modify or
  105         discharge the lis pendens; requiring the court to
  106         enter a specified final judgment under certain
  107         circumstances; authorizing the Department of Economic
  108         Opportunity to sell the real property; providing
  109         requirements for the proceeds from such sale;
  110         authorizing the Department of Economic Opportunity to
  111         seek a specified ex parte order; providing criminal
  112         penalties; requiring the Department of Economic
  113         Opportunity to adopt rules; creating s. 692.205, F.S.;
  114         providing an exception from ownership restrictions and
  115         registration requirements for real property that is
  116         used for diplomatic purposes; amending s. 408.051,
  117         F.S.; defining the terms “cloud computing” and “health
  118         care provider”; requiring that certain information
  119         held by health care providers that utilize certified
  120         electronic health record technology be maintained in
  121         specified locations; providing applicability; amending
  122         s. 408.810, F.S.; requiring a licensee to sign a
  123         specified affidavit upon initial application for a
  124         license and any renewal applications; authorizing
  125         disciplinary action by the Agency for Health Care
  126         Administration; prohibiting a person or entity that
  127         possesses a controlling interest from holding an
  128         interest in certain entities; providing definitions;
  129         amending s. 836.05, F.S.; providing enhanced criminal
  130         penalties for threatening a person while acting as a
  131         foreign agent with the intent of benefiting a foreign
  132         country of concern; providing an effective date.
  133          
  134  Be It Enacted by the Legislature of the State of Florida:
  135  
  136         Section 1. Section 287.138, Florida Statutes, is created to
  137  read:
  138         287.138Contracting with entities of foreign countries of
  139  concern prohibited.—
  140         (1)As used in this section, the term:
  141         (a)“Controlling interest” means possession of the power to
  142  direct or cause the direction of the management or policies of a
  143  company, whether through ownership of securities, by contract,
  144  or otherwise. A person or entity that directly or indirectly has
  145  the right to vote 25 percent or more of the voting interests of
  146  the company or is entitled to 25 percent or more of its profits
  147  is presumed to possess a controlling interest.
  148         (b)“Department” means the Department of Management
  149  Services.
  150         (c)“Foreign country of concern” means the People’s
  151  Republic of China, the Russian Federation, the Islamic Republic
  152  of Iran, the Democratic People’s Republic of Korea, the Republic
  153  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
  154  Arab Republic, including any agency of or any other entity of
  155  significant control of such foreign country of concern.
  156         (d)“Governmental entity” means any state, county,
  157  district, authority, or municipal officer, department, division,
  158  board, bureau, commission, or other separate unit of government
  159  created or established by law including, but not limited to, the
  160  Commission on Ethics, the Public Service Commission, the Office
  161  of Public Counsel, and any other public or private agency,
  162  person, partnership, corporation, or business entity acting on
  163  behalf of any public agency.
  164         (2) A governmental entity may not knowingly enter into a
  165  contract with an entity which would give access to an
  166  individual’s personal identifying information if:
  167         (a) The entity is owned by the government of a foreign
  168  country of concern;
  169         (b) The government of a foreign country of concern has a
  170  controlling interest in the entity; or
  171         (c) The entity is organized under the laws of or has its
  172  principal place of business in a foreign country of concern.
  173         (3) Beginning July 1, 2025, a governmental entity may not
  174  extend or renew a contract with an entity listed in paragraphs
  175  (2)(a)-(c) if the contract would give such entity access to an
  176  individual’s personal identifying information.
  177         (4)(a) Beginning January 1, 2024, a governmental entity may
  178  not accept a bid on, a proposal for, or a reply to, or enter
  179  into, a contract with an entity which would grant the entity
  180  access to an individual’s personal identifying information
  181  unless the entity provides the governmental entity with an
  182  affidavit signed by an officer or representative of the entity
  183  under penalty of perjury attesting that the entity does not meet
  184  any of the criteria in paragraphs (2)(a)-(c).
  185         (b) Beginning July 1, 2025, when an entity extends or
  186  renews a contract with a governmental entity which would grant
  187  the entity access to an individual’s personal identifying
  188  information, the entity must provide the governmental entity
  189  with an affidavit signed by an officer or representative of the
  190  entity under penalty of perjury attesting that the entity does
  191  not meet any of the criteria in paragraphs (2)(a)-(c).
  192         (5) The Attorney General may bring a civil action in any
  193  court of competent jurisdiction against an entity that violates
  194  this section. Violations of this section may result in:
  195         (a) A civil penalty equal to twice the amount of the
  196  contract for which the entity submitted a bid or proposal for,
  197  replied to, or entered into;
  198         (b) Ineligibility to enter into, renew, or extend any
  199  contract, including any grant agreements, with any governmental
  200  entity for up to 5 years;
  201         (c) Ineligibility to receive or renew any license,
  202  certification, or credential issued by a governmental entity for
  203  up to 5 years; and
  204         (d) Placement on the suspended vendor list pursuant to s.
  205  287.1351.
  206         (6) Any penalties collected under subsection (5) must be
  207  deposited into the General Revenue Fund.
  208         (7) The department shall adopt rules to implement this
  209  section, including rules establishing the form for the affidavit
  210  required under subsection (4).
  211         Section 2. Section 288.007, Florida Statutes, is created to
  212  read:
  213         288.007 Economic incentives to foreign countries of concern
  214  prohibited.—
  215         (1)As used in this section, the term:
  216         (a)“Controlled by” means having possession of the power to
  217  direct or cause the direction of the management or policies of a
  218  company, whether through ownership of securities, by contract,
  219  or otherwise. A person or entity that directly or indirectly has
  220  the right to vote 25 percent or more of the voting interests of
  221  the company or that is entitled to 25 percent or more of its
  222  profits is presumed to control the foreign entity.
  223         (b)“Economic incentive” means all programs administered
  224  by, or for which an applicant for the program must seek
  225  certification, approval, or other action by, the department
  226  under this chapter, chapter 212, or chapter 220; and all local
  227  economic development programs, grants, or financial benefits
  228  administered by a political subdivision or an agent thereof.
  229         (c)“Foreign country of concern” has the same meaning as in
  230  s. 692.201.
  231         (d)“Foreign entity” means an entity that is:
  232         1.Owned or controlled by the government of a foreign
  233  country of concern; or
  234         2.A partnership, association, corporation, organization,
  235  or other combination of persons organized under the laws of or
  236  having its principal place of business in a foreign country of
  237  concern, or a subsidiary of such entity.
  238         (e)“Government entity” means a state agency, a political
  239  subdivision, or any other public or private agency, person,
  240  partnership, corporation, or business entity acting on behalf of
  241  any public agency.
  242         (2)A government entity may not knowingly enter into an
  243  agreement or contract for an economic incentive with a foreign
  244  entity.
  245         (3)Before providing any economic incentive, a government
  246  entity must require the recipient or applicant to provide the
  247  government entity with an affidavit signed under penalty of
  248  perjury attesting that the recipient or applicant is not a
  249  foreign entity.
  250         (4)The department shall adopt rules to administer this
  251  section, including rules establishing the form for the affidavit
  252  required under subsection (3).
  253  	Section 3. The Division of Law Revision is directed to
  254  create part III of chapter 692, Florida Statutes, consisting of
  255  ss. 692.201, 692.202, 692.203, 692.204, and 692.205, Florida
  256  Statutes, to be entitled “Conveyances to Foreign Entities.”
  257         Section 4. Section 692.201, Florida Statutes, is created to
  258  read:
  259         692.201 Definitions.—As used in this part, the term:
  260         (1) “Agricultural land” means land classified as
  261  agricultural under s. 193.461.
  262         (2) “Critical infrastructure facility” means any of the
  263  following, if it employs measures such as fences, barriers, or
  264  guard posts that are designed to exclude unauthorized persons:
  265         (a) A chemical manufacturing facility.
  266         (b) A refinery.
  267         (c) An electrical power plant as defined in s. 403.031(20),
  268  including a substation, switching station, electrical control
  269  center, or electric transmission or distribution facility.
  270         (d) A water intake structure, water treatment facility,
  271  wastewater treatment plant, or pump station.
  272         (e) A natural gas transmission compressor station.
  273         (f) A liquid natural gas terminal or storage facility.
  274         (g) A telecommunications central switching office.
  275         (h) An inland port or other facility or group of facilities
  276  serving as a point of intermodal transfer of freight in a
  277  specific area physically separated from a seaport.
  278         (i) A gas processing plant, including a plant used in the
  279  processing, treatment, or fractionation of natural gas.
  280         (j) A seaport as listed in s. 311.09.
  281         (k) A spaceport territory as defined in s. 331.303(18).
  282         (l) An airport as defined in s. 333.01.
  283         (3) “Foreign country of concern” means the People’s
  284  Republic of China, the Russian Federation, the Islamic Republic
  285  of Iran, the Democratic People’s Republic of Korea, the Republic
  286  of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian
  287  Arab Republic, including any agency of or any other entity of
  288  significant control of such foreign country of concern.
  289         (4) “Foreign principal” means:
  290         (a) The government or any official of the government of a
  291  foreign country of concern;
  292         (b) A political party or member of a political party or any
  293  subdivision of a political party in a foreign country of
  294  concern;
  295         (c) A partnership, association, corporation, organization,
  296  or other combination of persons organized under the laws of or
  297  having its principal place of business in a foreign country of
  298  concern, or a subsidiary of such entity;
  299         (d) Any person who is domiciled in a foreign country of
  300  concern and is not a citizen or lawful permanent resident of the
  301  United States.
  302         (5) “Military installation” has the same meaning as in 10
  303  U.S.C. s. 2801(c)(4) and includes an armory as defined in s.
  304  250.01.
  305         (6) “Real property” means land, buildings, fixtures, and
  306  all other improvements to land.
  307         Section 5. Section 692.202, Florida Statutes, is created to
  308  read:
  309         692.202 Purchase of agricultural land by foreign principals
  310  prohibited.—
  311         (1) A foreign principal may not directly or indirectly own
  312  or acquire by purchase, grant, devise, or descent agricultural
  313  land or any interest, except a de minimus indirect interest, in
  314  such land in this state. A foreign principal has a de minimus
  315  indirect interest if any ownership in such land is the result of
  316  the foreign principal’s ownership of registered equities in a
  317  publicly traded company owning the land and if the foreign
  318  principal’s ownership interest in the company is less than 5
  319  percent of any class of registered equities or less than 5
  320  percent in the aggregate in multiple classes of registered
  321  equities.
  322         (2) A foreign principal that directly or indirectly owns or
  323  acquires agricultural land or any interest in such land in this
  324  state before July 1, 2023, may continue to own or hold such land
  325  or interest, but may not purchase or otherwise acquire by grant,
  326  devise, or descent any additional agricultural land or interest
  327  in such land in this state.
  328         (3)(a) A foreign principal that directly or indirectly owns
  329  or acquires agricultural land or any interest in such land in
  330  this state before July 1, 2023, must register with the
  331  Department of Agriculture and Consumer Services by January 1,
  332  2024. The department must establish a form for such
  333  registration, which, at minimum, must include all of the
  334  following:
  335         1. The name of the owner of the agricultural land or the
  336  owner of the interest in such land.
  337         2. The address of the agricultural land, the property
  338  appraiser’s parcel identification number, and the property’s
  339  legal description.
  340         3. The number of acres of the agricultural land.
  341         (b) A foreign principal that fails to timely file a
  342  registration with the department is subject to a civil penalty
  343  of $1,000 for each day that the registration is late. The
  344  department may place a lien against the unregistered
  345  agricultural land for the unpaid balance of any penalties
  346  assessed under this paragraph.
  347         (4) Notwithstanding subsection (1), a foreign principal may
  348  acquire agricultural land on or after July 1, 2023, by devise or
  349  descent, through the enforcement of security interests, or
  350  through the collection of debts, provided that the foreign
  351  principal sells, transfers, or otherwise divests itself of the
  352  agricultural land within 2 years after acquiring the
  353  agricultural land.
  354         (5)(a) At the time of purchase, a buyer of agricultural
  355  land or an interest in such land must provide an affidavit
  356  signed under penalty of perjury attesting that the buyer is:
  357         1. Not a foreign principal; and
  358         2. In compliance with the requirements of this section.
  359         (b) The failure to obtain or maintain the affidavit does
  360  not:
  361         1. Affect the title or insurability of the title for the
  362  agricultural land; or
  363         2. Subject the closing agent to civil or criminal
  364  liability, unless the closing agent has actual knowledge that
  365  the transaction will result in a violation of this section.
  366         (c) The Florida Real Estate Commission shall adopt rules to
  367  implement this subsection, including rules establishing the form
  368  for the affidavit required under this subsection.
  369         (6)(a) The agricultural land or an interest in such land
  370  that is owned or acquired in violation of this section may be
  371  forfeited to the state.
  372         (b) The Department of Agriculture and Consumer Services may
  373  initiate a civil action in the circuit court of the county in
  374  which the property lies for the forfeiture of the agricultural
  375  land or any interest therein.
  376         (c) Upon filing such action, the clerk must record a lis
  377  pendens in accordance with s. 48.23. The court must advance the
  378  cause on the calendar. The defendant may at any time petition to
  379  modify or discharge the lis pendens based upon a finding that
  380  there is no probable cause to believe that the agricultural
  381  land, or any portion thereof, is owned or held in violation of
  382  this section.
  383         (d) If the court finds that the agricultural land, or any
  384  portion thereof, is owned or held in violation of this section,
  385  the court must enter a final judgment of forfeiture vesting
  386  title to the agricultural land in this state, subject only to
  387  the rights and interests of bona fide lienholders, and such
  388  final judgment relates back to the date of the lis pendens.
  389         (e) The department may sell the agricultural land subject
  390  to a final judgment of forfeiture. Any proceeds from the sale
  391  must first be paid to any lienholders of the land, followed by
  392  payment of any outstanding fines assessed pursuant to this
  393  section, after which the department must be reimbursed for all
  394  costs related to the forfeiture civil action and any costs
  395  related to the sale of the land. Any remaining proceeds must be
  396  paid to the property owner.
  397         (f) At any time during the forfeiture proceeding the
  398  department may seek an ex parte order of seizure of the
  399  agricultural land upon a showing that the defendant’s control of
  400  the agricultural land constitutes a clear and present danger to
  401  the state.
  402         (7) A foreign principal that purchases or acquires
  403  agricultural land or any interest therein in violation of this
  404  section commits a misdemeanor of the second degree, punishable
  405  as provided in s. 775.082 or s. 775.083.
  406         (8) A person who knowingly sells agricultural land or any
  407  interest therein in violation of this section commits a
  408  misdemeanor of the second degree, punishable as provided in s.
  409  775.082 or s. 775.083.
  410         (9) The Department of Agriculture and Consumer Services
  411  shall adopt rules to implement this section.
  412         Section 6. Section 692.203, Florida Statutes, is created to
  413  read:
  414         692.203 Purchase of real property around military
  415  installations and critical infrastructure facilities by foreign
  416  principals prohibited.—
  417         (1) A foreign principal may not directly or indirectly own
  418  or acquire by purchase, grant, devise, or descent any interest,
  419  except a de minimus indirect interest, in real property within
  420  20 miles of any military installation or critical infrastructure
  421  facility in this state. A foreign principal has a de minimus
  422  indirect interest if any ownership is the result of the foreign
  423  principal’s ownership of registered equities in a publicly
  424  traded company owning the land and if the foreign principal’s
  425  ownership interest in the company is less than 5 percent of any
  426  class of registered equities or less than 5 percent in the
  427  aggregate in multiple classes of registered equities.
  428         (2) A foreign principal that directly or indirectly owns or
  429  acquires any interest in real property within 20 miles of any
  430  military installation or critical infrastructure facility in
  431  this state before July 1, 2023, may continue to own or hold such
  432  real property, but may not purchase or otherwise acquire by
  433  grant, devise, or descent any additional real property within 20
  434  miles of any military installation or critical infrastructure
  435  facility in this state.
  436         (3)(a) A foreign principal that owns or acquires real
  437  property within 20 miles of any military installation or
  438  critical infrastructure facility in this state before July 1,
  439  2023, must register with the Department of Economic Opportunity
  440  by January 1, 2024. The department must establish a form for
  441  such registration which, at a minimum, must include all of the
  442  following:
  443         1. The name of the owner of the real property.
  444         2. The address of the real property, the property
  445  appraiser’s parcel identification number, and the property’s
  446  legal description.
  447         (b) A foreign principal that fails to timely file a
  448  registration with the department is subject to a civil penalty
  449  of $1,000 for each day that the registration is late. The
  450  department may place a lien against the unregistered real
  451  property for the unpaid balance of any penalties assessed under
  452  this paragraph.
  453         (4) Notwithstanding subsection (1), a foreign principal may
  454  acquire real property or any interest therein which is within 20
  455  miles of any military installation or critical infrastructure
  456  facility in this state on or after July 1, 2023, by devise or
  457  descent, through the enforcement of security interests, or
  458  through the collection of debts, provided that the foreign
  459  principal sells, transfers, or otherwise divests itself of such
  460  real property within 2 years after acquiring the real property.
  461         (5)(a) At the time of purchase, a buyer of the real
  462  property that is within 20 miles of any military installation or
  463  critical infrastructure facility in this state must provide an
  464  affidavit signed under penalty of perjury attesting that the
  465  buyer is:
  466         1. Not a foreign principal; and
  467         2. In compliance with the requirements of this section.
  468         (b) The failure to obtain or maintain the affidavit does
  469  not:
  470         1. Affect the title or insurability of the title for the
  471  real property; or
  472         2. Subject the closing agent to civil or criminal
  473  liability, unless the closing agent has actual knowledge that
  474  the transaction will result in a violation of this section.
  475         (c) The Florida Real Estate Commission shall adopt rules to
  476  implement this subsection, including rules establishing the form
  477  for the affidavit required under this subsection.
  478         (6)(a) If any real property is owned or acquired in
  479  violation of this section, the real property may be forfeited to
  480  the state.
  481         (b) The Department of Economic Opportunity may initiate a
  482  civil action in the circuit court of the county in which the
  483  property lies for the forfeiture of the real property or any
  484  interest therein.
  485         (c) Upon filing such action, the clerk must record a lis
  486  pendens in accordance with s. 48.23. The court must advance the
  487  cause on the calendar. The defendant may at any time petition to
  488  modify or discharge the lis pendens based upon a finding that
  489  there is no probable cause to believe that the real property, or
  490  any portion thereof, is owned or held in violation of this
  491  section.
  492         (d) If the court finds that the real property, or any
  493  portion thereof, is owned or held in violation of this section,
  494  the court must enter a final judgment of forfeiture vesting
  495  title to the real property in this state, subject only to the
  496  rights and interests of bona fide lienholders, and such final
  497  judgment relates back to the date of the lis pendens.
  498         (e) The department may sell the real property subject to a
  499  final judgment of forfeiture. Any proceeds from the sale must
  500  first be paid to any lienholders of the land, followed by
  501  payment of any outstanding fines assessed pursuant to this
  502  section, after which the department must be reimbursed for all
  503  costs related to the forfeiture civil action and any costs
  504  related to the sale of the land. Any remaining proceeds must be
  505  paid to the property owner.
  506         (f) At any time during the forfeiture proceeding the
  507  department may seek an ex parte order of seizure of the real
  508  property upon a showing that the defendant’s control of the real
  509  property constitutes a clear and present danger to the state.
  510         (7) A foreign principal that purchases or acquires real
  511  property or any interest therein in violation of this section
  512  commits a misdemeanor of the second degree, punishable as
  513  provided in s. 775.082 or s. 775.083.
  514         (8) A person who knowingly sells real property or any
  515  interest therein in violation of this section commits a
  516  misdemeanor of the second degree, punishable as provided in s.
  517  775.082 or s. 775.083.
  518         (9) The Department of Economic Opportunity shall adopt
  519  rules to implement this section.
  520         Section 7. Section 692.204, Florida Statutes, is created to
  521  read:
  522         692.204 Purchase or acquisition of real property by the
  523  People’s Republic of China prohibited.—
  524         (1)(a) The following persons or entities may not directly
  525  or indirectly own or acquire by purchase, grant, devise, or
  526  descent any interest, except a de minimus indirect interest, in
  527  real property in this state:
  528         1. The People’s Republic of China, the Chinese Communist
  529  Party, or any official or member of the People’s Republic of
  530  China or the Chinese Communist Party.
  531         2. Any other political party or member of a political party
  532  or a subdivision of a political party in the People’s Republic
  533  of China.
  534         3. A partnership, an association, a corporation, an
  535  organization, or any other combination of persons organized
  536  under the laws of or having its principal place of business in
  537  the People’s Republic of China, or a subsidiary of such entity.
  538         4. Any person who is domiciled in the People’s Republic of
  539  China and who is not a citizen or lawful permanent resident of
  540  the United States.
  541         (b) A person or entity has a de minimus indirect interest
  542  if any ownership is the result of the person’s or entity’s
  543  ownership of registered equities in a publicly traded company
  544  owning the land and if the person’s or entity’s ownership
  545  interest in the company is less than 5 percent of any class of
  546  registered equities or less than 5 percent in the aggregate in
  547  multiple classes of registered equities.
  548         (2) A person or entity described in paragraph (1)(a) that
  549  directly or indirectly owns or acquires any interest in real
  550  property in this state before July 1, 2023, may continue to own
  551  or hold such real property, but may not purchase or otherwise
  552  acquire by grant, devise, or descent any additional real
  553  property in this state.
  554         (3)(a) A person or entity described in paragraph (1)(a)
  555  that owns or acquires real property in this state before July 1,
  556  2023, must register with the Department of Economic Opportunity
  557  by January 1, 2024. The department must establish a form for
  558  such registration which, at a minimum, must include all of the
  559  following:
  560         1. The name of the owner of the real property.
  561         2. The address of the real property, the property
  562  appraiser’s parcel identification number, and the property’s
  563  legal description.
  564         (b) A person or entity that fails to timely file a
  565  registration with the department is subject to a civil penalty
  566  of $1,000 for each day that the registration is late. The
  567  department may place a lien against the unregistered real
  568  property for the unpaid balance of any penalties assessed under
  569  this paragraph.
  570         (4) Notwithstanding subsection (1), a person or an entity
  571  described in paragraph (1)(a) may acquire real property in this
  572  state on or after July 1, 2023, by devise or descent, through
  573  the enforcement of security interests, or through the collection
  574  of debts, provided that the person or entity sells, transfers,
  575  or otherwise divests itself of such real property within 2 years
  576  after acquiring the real property, unless the person or entity
  577  is exempt under s. 692.205.
  578         (5)(a) At the time of purchase, a buyer of real property in
  579  this state must provide an affidavit signed under penalty of
  580  perjury attesting that the buyer is:
  581         1. Not a person or entity described in paragraph (1)(a);
  582  and
  583         2. In compliance with the requirements of this section.
  584         (b) The failure to obtain or maintain the affidavit does
  585  not:
  586         1. Affect the title or insurability of the title for the
  587  real property; or
  588         2. Subject the closing agent to civil or criminal
  589  liability, unless the closing agent has actual knowledge that
  590  the transaction will result in a violation of this section.
  591         (c) The Florida Real Estate Commission shall adopt rules to
  592  implement this subsection, including rules establishing the form
  593  for the affidavit required under this subsection.
  594         (6)(a) If any real property is owned or acquired in
  595  violation of this section, the real property may be forfeited to
  596  the state.
  597         (b) The Department of Economic Opportunity may initiate a
  598  civil action in the circuit court of the county in which the
  599  property lies for the forfeiture of the real property or any
  600  interest therein.
  601         (c) Upon filing such action, the clerk must record a lis
  602  pendens in accordance with s. 48.23. The court must advance the
  603  cause on the calendar. The defendant may at any time petition to
  604  modify or discharge the lis pendens based upon a finding that
  605  there is no probable cause to believe that the real property, or
  606  any portion thereof, is owned or held in violation of this
  607  section.
  608         (d) If the court finds that the real property, or any
  609  portion thereof, is owned or held in violation of this section,
  610  the court must enter a final judgment of forfeiture vesting
  611  title to the real property in this state, subject only to the
  612  rights and interests of bona fide lienholders, and such final
  613  judgment relates back to the date of the lis pendens.
  614         (e) The department may sell the real property subject to a
  615  final judgment of forfeiture. Any proceeds from the sale must
  616  first be paid to any lienholders of the land, followed by
  617  payment of any outstanding fines assessed pursuant to this
  618  section, after which the department must be reimbursed for all
  619  costs related to the forfeiture civil action and any costs
  620  related to the sale of the land. Any remaining proceeds must be
  621  paid to the property owner.
  622         (f) At any time during the forfeiture proceeding the
  623  department may seek an ex parte order of seizure of the real
  624  property upon a showing that the defendant’s control of the real
  625  property constitutes a clear and present danger to the state.
  626         (7) A violation of this section constitutes a felony of the
  627  third degree, punishable as provided in s. 775.082, s. 775.083,
  628  or s. 775.084.
  629         (8) A person who sells real property or any interest
  630  therein in violation of this section commits a misdemeanor of
  631  the first degree, punishable as provided in s. 775.082 or s.
  632  775.083.
  633         (9) The Department of Economic Opportunity shall adopt
  634  rules to implement this section.
  635         Section 8. Section 692.205, Florida Statutes, is created to
  636  read:
  637         692.205 Inapplicability of this part to real property for
  638  diplomatic purposes.—This part does not apply to a foreign
  639  principal that acquires real property for a diplomatic purpose
  640  that is recognized, acknowledged, or allowed by the Federal
  641  Government.
  642         Section 9. Present subsections (3), (4), and (5) of section
  643  408.051, Florida Statutes, are redesignated as subsections (4),
  644  (5), and (6), respectively, a new subsection (3) is added to
  645  that section, and subsection (2) of that section is reordered
  646  and amended, to read:
  647         408.051 Florida Electronic Health Records Exchange Act.—
  648         (2) DEFINITIONS.—As used in this section, the term:
  649         (c)(a) “Electronic health record” means a record of a
  650  person’s medical treatment which is created by a licensed health
  651  care provider and stored in an interoperable and accessible
  652  digital format.
  653         (i)(b) “Qualified electronic health record” means an
  654  electronic record of health-related information concerning an
  655  individual which includes patient demographic and clinical
  656  health information, such as medical history and problem lists,
  657  and which has the capacity to provide clinical decision support,
  658  to support physician order entry, to capture and query
  659  information relevant to health care quality, and to exchange
  660  electronic health information with, and integrate such
  661  information from, other sources.
  662         (a)(c) “Certified electronic health record technology”
  663  means a qualified electronic health record that is certified
  664  pursuant to s. 3001(c)(5) of the Public Health Service Act as
  665  meeting standards adopted under s. 3004 of such act which are
  666  applicable to the type of record involved, such as an ambulatory
  667  electronic health record for office-based physicians or an
  668  inpatient hospital electronic health record for hospitals.
  669         (b) “Cloud computing” has the same meaning as in s.
  670  282.0041.
  671         (d) “Health care provider” means any of the following:
  672         1. A provider as defined in s. 408.803.
  673         2. A health care practitioner as defined in s. 456.001.
  674         3. A health care professional certified under part IV of
  675  chapter 468.
  676         4. A home health aide as defined in s. 400.462.
  677         5. A service provider as defined in s. 394.455 and the
  678  service provider’s clinical and nonclinical staff who provide
  679  inpatient or outpatient services.
  680         6. A continuing care facility licensed under chapter 651.
  681         7. A pharmacy permitted under chapter 465.
  682         (e)(d) “Health record” means any information, recorded in
  683  any form or medium, which relates to the past, present, or
  684  future health of an individual for the primary purpose of
  685  providing health care and health-related services.
  686         (f)(e) “Identifiable health record” means any health record
  687  that identifies the patient or with respect to which there is a
  688  reasonable basis to believe the information can be used to
  689  identify the patient.
  690         (g)(f) “Patient” means an individual who has sought, is
  691  seeking, is undergoing, or has undergone care or treatment in a
  692  health care facility or by a health care provider.
  693         (h)(g) “Patient representative” means a parent of a minor
  694  patient, a court-appointed guardian for the patient, a health
  695  care surrogate, or a person holding a power of attorney or
  696  notarized consent appropriately executed by the patient granting
  697  permission to a health care facility or health care provider to
  698  disclose the patient’s health care information to that person.
  699  In the case of a deceased patient, the term also means the
  700  personal representative of the estate of the deceased patient;
  701  the deceased patient’s surviving spouse, surviving parent, or
  702  surviving adult child; the parent or guardian of a surviving
  703  minor child of the deceased patient; the attorney for the
  704  patient’s surviving spouse, parent, or adult child; or the
  705  attorney for the parent or guardian of a surviving minor child.
  706         (3) SECURITY AND STORAGE OF PERSONAL MEDICAL INFORMATION.
  707  In addition to the requirements in 45 C.F.R. part 160 and
  708  subparts A and C of part 164, a health care provider that
  709  utilizes certified electronic health record technology must
  710  ensure that all patient information stored in an offsite
  711  physical or virtual environment, including through a third-party
  712  or subcontracted computing facility or an entity providing cloud
  713  computing services, is physically maintained in the continental
  714  United States or its territories or Canada. This subsection
  715  applies to all qualified electronic health records that are
  716  stored using any technology that can allow information to be
  717  electronically retrieved, accessed, or transmitted.
  718         Section 10. Subsections (14) and (15) are added to section
  719  408.810, Florida Statutes, to read:
  720         408.810 Minimum licensure requirements.—In addition to the
  721  licensure requirements specified in this part, authorizing
  722  statutes, and applicable rules, each applicant and licensee must
  723  comply with the requirements of this section in order to obtain
  724  and maintain a license.
  725         (14) The licensee must sign an affidavit at the time of his
  726  or her initial application for a license and on any renewal
  727  applications thereafter that attests under penalty of perjury
  728  that he or she is in compliance with s. 408.051(3). The licensee
  729  must remain in compliance with s. 408.051(3) or the licensee
  730  shall be subject to disciplinary action by the agency.
  731         (15)(a) The licensee must ensure that a person or entity
  732  who possesses a controlling interest does not hold, either
  733  directly or indirectly, regardless of ownership structure, an
  734  interest in an entity that has a business relationship with a
  735  foreign country of concern or that is subject to s. 287.135.
  736         (b) For purposes of this subsection, the term:
  737         1. “Business relationship” means engaging in commerce in
  738  any form, including, but not limited to, acquiring, developing,
  739  maintaining, owning, selling, possessing, leasing, or operating
  740  equipment, facilities, personnel, products, services, personal
  741  property, real property, military equipment, or any other
  742  apparatus of business or commerce.
  743         2. “Foreign country of concern” has the same meaning as in
  744  s. 692.201.
  745         3. “Interest” has the same meaning as in s. 286.101(1).
  746         Section 11. Section 836.05, Florida Statutes, is amended to
  747  read:
  748         836.05 Threats; extortion.—
  749         (1) Whoever, either verbally or by a written or printed
  750  communication, maliciously threatens to accuse another of any
  751  crime or offense, or by such communication maliciously threatens
  752  an injury to the person, property or reputation of another, or
  753  maliciously threatens to expose another to disgrace, or to
  754  expose any secret affecting another, or to impute any deformity
  755  or lack of chastity to another, with intent thereby to extort
  756  money or any pecuniary advantage whatsoever, or with intent to
  757  compel the person so threatened, or any other person, to do any
  758  act or refrain from doing any act against his or her will,
  759  commits shall be guilty of a felony of the second degree,
  760  punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
  761         (2) A person who commits a violation of subsection (1) and
  762  at the time of the violation is acting as a foreign agent, as
  763  defined in s. 812.081(1), with the intent of benefiting a
  764  foreign country of concern, as defined in s. 692.201, commits a
  765  felony of the first degree, punishable as provided in s.
  766  775.082, s. 775.083, or s. 775.084.
  767         Section 12. This act shall take effect July 1, 2023.