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 Peoples Republic of China, the 74 Chinese Communist Party, any other political party or 75 member of a political party in the Peoples 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 Peoples 151 Republic of China, the Russian Federation, the Islamic Republic 152 of Iran, the Democratic Peoples Republic of Korea, the Republic 153 of Cuba, the Venezuelan regime of Nicols 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 individuals 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 individuals 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 individuals 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 individuals 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: 213 288.007Economic 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: 259 692.201Definitions.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 Peoples 284 Republic of China, the Russian Federation, the Islamic Republic 285 of Iran, the Democratic Peoples Republic of Korea, the Republic 286 of Cuba, the Venezuelan regime of Nicols 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: 309 692.202Purchase 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 principals ownership of registered equities in a 317 publicly traded company owning the land and if the foreign 318 principals 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 appraisers parcel identification number, and the propertys 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 defendants 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: 414 692.203Purchase 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 principals ownership of registered equities in a publicly 424 traded company owning the land and if the foreign principals 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 appraisers parcel identification number, and the propertys 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 defendants 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: 522 692.204Purchase or acquisition of real property by the 523 Peoples 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 Peoples Republic of China, the Chinese Communist 529 Party, or any official or member of the Peoples 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 Peoples 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 Peoples Republic of China, or a subsidiary of such entity. 538 4.Any person who is domiciled in the Peoples 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 persons or entitys 543 ownership of registered equities in a publicly traded company 544 owning the land and if the persons or entitys 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 appraisers parcel identification number, and the propertys 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 defendants 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: 637 692.205Inapplicability 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: 647 408.051Florida 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 persons 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 providers 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 patients 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 patients 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 patients 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: 720 408.810Minimum 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: 748 836.05Threats; 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.