Bill Text: FL S0264 | 2023 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Interests of Foreign Countries
Spectrum: Bipartisan Bill
Status: (Passed) 2023-05-09 - Chapter No. 2023-33, companion bill(s) passed, see CS/CS/HB 645 (Ch. 2023-147) [S0264 Detail]
Download: Florida-2023-S0264-Introduced.html
Bill Title: Interests of Foreign Countries
Spectrum: Bipartisan Bill
Status: (Passed) 2023-05-09 - Chapter No. 2023-33, companion bill(s) passed, see CS/CS/HB 645 (Ch. 2023-147) [S0264 Detail]
Download: Florida-2023-S0264-Introduced.html
Florida Senate - 2023 SB 264 By Senator Collins 14-01842F-23 2023264__ 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 government 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; authorizing the Florida 47 Real Estate Commission to adopt rules; authorizing 48 certain agricultural land or real property to be 49 forfeited to the state; authorizing the Department of 50 Agriculture and Consumer Services and the Department 51 of Economic Opportunity to initiate civil actions for 52 forfeiture of the interest in agricultural land or 53 real property, respectively; requiring such actions to 54 be filed in a certain circuit court; requiring clerks 55 to record a lis pendens; requiring courts to advance 56 the cause on the calendar; authorizing defendants to 57 petition to modify or discharge the lis pendens; 58 requiring the court to enter a specified final 59 judgment under certain circumstances; authorizing the 60 Department of Agriculture and Consumer Services and 61 the Department of Economic Opportunity, respectively, 62 to sell the agricultural land or real property; 63 providing requirements for the proceeds from such 64 sale; authorizing the Department of Agriculture and 65 Consumer Services and the Department of Economic 66 Opportunity, respectively, to seek a specified ex 67 parte order; providing criminal penalties; requiring 68 the Department of Agriculture and Consumer Services 69 and the Department of Economic Opportunity, 70 respectively, to adopt rules; creating s. 692.204, 71 F.S.; prohibiting the People’s Republic of China, the 72 Chinese Communist Party, any other political party or 73 member of a political party in the People’s Republic 74 of China, and certain persons and entities from 75 purchasing or acquiring real property in the state; 76 providing an exception; authorizing such persons and 77 entities to continue to own or hold such real property 78 under certain circumstances; requiring certain persons 79 or entities that own or acquire real property in the 80 state to register with the Department of Economic 81 Opportunity by a specified date; requiring the 82 Department of Economic Opportunity to establish a form 83 for such registration; providing civil penalties; 84 authorizing the Department of Economic Opportunity to 85 place a lien against unregistered real property; 86 requiring certain persons and entities to sell, 87 transfer, or otherwise divest themselves of certain 88 real property within a specified timeframe; requiring 89 buyers of real property to provide a signed affidavit; 90 specifying that the failure to maintain or obtain the 91 affidavit does not affect the title or insurability of 92 the title for the real property; authorizing the 93 commission to adopt rules; authorizing certain real 94 property to be forfeited to the state; authorizing the 95 Department of Economic Opportunity to initiate civil 96 actions for forfeiture of the interest in real 97 property; requiring such actions to be filed in a 98 certain circuit court; requiring clerks to record a 99 lis pendens; requiring courts to advance the cause on 100 the calendar; authorizing defendants to petition to 101 modify or discharge the lis pendens; requiring the 102 court to enter a specified final judgment under 103 certain circumstances; authorizing the Department of 104 Economic Opportunity to sell the real property; 105 providing requirements for the proceeds from such 106 sale; authorizing the Department of Economic 107 Opportunity to seek a specified ex parte order; 108 providing criminal penalties; requiring the Department 109 of Economic Opportunity to adopt rules; amending s. 110 408.051, F.S.; defining the terms “cloud computing” 111 and “health care provider”; requiring that certain 112 information held by health care providers that utilize 113 certified electronic health record technology be 114 maintained in the continental United States; providing 115 applicability; amending s. 408.810, F.S.; requiring a 116 licensee to sign a specified affidavit upon initial 117 application for a license and any renewal 118 applications; authorizing disciplinary action by the 119 Agency for Health Care Administration; prohibiting a 120 person or entity that possesses a controlling interest 121 from holding an interest in certain entities; 122 providing definitions; amending s. 836.05, F.S.; 123 providing enhanced criminal penalties for threatening 124 a person while acting as a foreign agent with the 125 intent of benefiting a foreign country of concern; 126 providing an effective date. 127 128 Be It Enacted by the Legislature of the State of Florida: 129 130 Section 1. Section 287.138, Florida Statutes, is created to 131 read: 132 287.138 Contracting with entities of foreign countries of 133 concern prohibited.— 134 (1) As used in this section, the term: 135 (a) “Controlling interest” means possession of the power to 136 direct or cause the direction of the management or policies of a 137 company, whether through ownership of securities, by contract, 138 or otherwise. A person or entity that directly or indirectly has 139 the right to vote 25 percent or more of the voting interests of 140 the company or is entitled to 25 percent or more of its profits 141 is presumed to possess a controlling interest. 142 (b) “Department” means the Department of Management 143 Services. 144 (c) “Foreign country of concern” means the People’s 145 Republic of China, the Russian Federation, the Islamic Republic 146 of Iran, the Democratic People’s Republic of Korea, the Republic 147 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian 148 Arab Republic, including any agency of or any other entity of 149 significant control of such foreign country of concern. 150 (d) “Governmental entity” means any state, county, 151 district, authority, or municipal officer, department, division, 152 board, bureau, commission, or other separate unit of government 153 created or established by law including, but not limited to, the 154 Commission on Ethics, the Public Service Commission, the Office 155 of Public Counsel, and any other public or private agency, 156 person, partnership, corporation, or business entity acting on 157 behalf of any public agency. 158 (2) A governmental entity may not knowingly enter into a 159 contract with an entity which would give access to an 160 individual’s personal identifying information if: 161 (a) The entity is owned by the government of a foreign 162 country of concern; 163 (b) The government of a foreign country of concern has a 164 controlling interest in the entity; or 165 (c) The entity is organized under the laws of or has its 166 principal place of business in a foreign country of concern. 167 (3) Beginning July 1, 2025, a governmental entity may not 168 extend or renew a contract with an entity listed in paragraphs 169 (2)(a)-(c) if the contract would give such entity access to an 170 individual’s personal identifying information. 171 (4)(a) Beginning January 1, 2024, a governmental entity may 172 not accept a bid on, a proposal for, or a reply to, or enter 173 into, a contract with an entity which would grant the entity 174 access to an individual’s personal identifying information 175 unless the entity provides the governmental entity with an 176 affidavit signed by an officer or representative of the entity 177 under penalty of perjury attesting that the entity does not meet 178 any of the criteria in paragraphs (2)(a)-(c). 179 (b) Beginning July 1, 2025, when an entity extends or 180 renews a contract with a governmental entity which would grant 181 the entity access to an individual’s personal identifying 182 information, the entity must provide the governmental entity 183 with an affidavit signed by an officer or representative of the 184 entity under penalty of perjury attesting that the entity does 185 not meet any of the criteria in paragraphs (2)(a)-(c). 186 (5) The Attorney General may bring a civil action in any 187 court of competent jurisdiction against an entity that violates 188 this section. Violations of this section may result in: 189 (a) A civil penalty equal to twice the amount of the 190 contract for which the entity submitted a bid or proposal for, 191 replied to, or entered into; 192 (b) Ineligibility to enter into, renew, or extend any 193 contract, including any grant agreements, with any governmental 194 entity for up to 5 years; 195 (c) Ineligibility to receive or renew any license, 196 certification, or credential issued by a governmental entity for 197 up to 5 years; and 198 (d) Placement on the suspended vendor list pursuant to s. 199 287.1351. 200 (6) Any penalties collected under subsection (5) must be 201 deposited into the General Revenue Fund. 202 (7) The department shall adopt rules to implement this 203 section, including rules establishing the form for the affidavit 204 required under subsection (4). 205 Section 2. Section 288.007, Florida Statutes, is created to 206 read: 207 288.007 Economic incentives to foreign countries of concern 208 prohibited.— 209 (1) As used in this section, the term: 210 (a) “Controlled by” means having possession of the power to 211 direct or cause the direction of the management or policies of a 212 company, whether through ownership of securities, by contract, 213 or otherwise. A person or entity that directly or indirectly has 214 the right to vote 25 percent or more of the voting interests of 215 the company or that is entitled to 25 percent or more of its 216 profits is presumed to control the foreign entity. 217 (b) “Economic incentive” means all programs administered 218 by, or for which an applicant for the program must seek 219 certification, approval, or other action by, the department 220 under this chapter, chapter 212, or chapter 220; and all local 221 economic development programs, grants, or financial benefits 222 administered by a political subdivision or an agent thereof. 223 (c) “Foreign country of concern” has the same meaning as in 224 s. 692.201. 225 (d) “Foreign entity” means an entity that is: 226 1. Owned or controlled by the government of a foreign 227 country of concern; or 228 2. A partnership, association, corporation, organization, 229 or other combination of persons organized under the laws of or 230 having its principal place of business in a foreign country of 231 concern. 232 (e) “Government entity” means a state agency, a political 233 subdivision, or any other public or private agency, person, 234 partnership, corporation, or business entity acting on behalf of 235 any public agency. 236 (2) A government entity may not knowingly enter into an 237 agreement or contract for an economic incentive with a foreign 238 entity. 239 (3) Before providing any economic incentive, a government 240 entity must require the recipient or applicant to provide the 241 government entity with an affidavit signed under penalty of 242 perjury attesting that the recipient or applicant is not a 243 foreign entity. 244 (4) The department shall adopt rules to administer this 245 section, including rules establishing the form for the affidavit 246 required under subsection (3). 247 Section 3. The Division of Law Revision is directed to 248 create part III of chapter 692, Florida Statutes, consisting of 249 ss. 692.201, 692.202, 692.203, and 692.204, Florida Statutes, to 250 be entitled “Conveyances to Foreign Entities.” 251 Section 4. Section 692.201, Florida Statutes, is created to 252 read: 253 692.201 Definitions.—As used in this part, the term: 254 (1) “Agricultural land” means land classified as 255 agricultural under s. 193.461. 256 (2) “Critical infrastructure facility” means any of the 257 following, if it employs measures such as fences, barriers, or 258 guard posts that are designed to exclude unauthorized persons: 259 (a) A chemical manufacturing facility. 260 (b) A refinery. 261 (c) An electrical power plant as defined in s. 403.031(20), 262 including a substation, switching station, electrical control 263 center, or electric transmission or distribution facility. 264 (d) A water intake structure, water treatment facility, 265 wastewater treatment plant, or pump station. 266 (e) A natural gas transmission compressor station. 267 (f) A liquid natural gas terminal or storage facility. 268 (g) A telecommunications central switching office. 269 (h) An inland port or other facility or group of facilities 270 serving as a point of intermodal transfer of freight in a 271 specific area physically separated from a seaport. 272 (i) A gas processing plant, including a plant used in the 273 processing, treatment, or fractionation of natural gas. 274 (j) A seaport as listed in s. 311.09. 275 (k) A spaceport territory as defined in s. 331.303(18). 276 (3) “Foreign country of concern” means the People’s 277 Republic of China, the Russian Federation, the Islamic Republic 278 of Iran, the Democratic People’s Republic of Korea, the Republic 279 of Cuba, the Venezuelan regime of Nicolás Maduro, or the Syrian 280 Arab Republic, including any agency of or any other entity of 281 significant control of such foreign country of concern. 282 (4) “Foreign principal” means: 283 (a) The government or any official of the government of a 284 foreign country of concern; 285 (b) A political party or member of a political party or any 286 subdivision of a political party in a foreign country of 287 concern; 288 (c) A partnership, association, corporation, organization, 289 or other combination of persons organized under the laws of or 290 having its principal place of business in a foreign country of 291 concern; or 292 (d) Any person who is domiciled in a foreign country of 293 concern and is not a citizen of the United States. 294 (5) “Military installation” has the same meaning as in 10 295 U.S.C. s. 2801(c)(4) and includes an armory as defined in s. 296 250.01. 297 (6) “Real property” means land, buildings, fixtures, and 298 all other improvements to land. 299 Section 5. Section 692.202, Florida Statutes, is created to 300 read: 301 692.202 Purchase of agricultural land by foreign principals 302 prohibited.— 303 (1) A foreign principal may not directly or indirectly own 304 or acquire by purchase, grant, devise, or descent agricultural 305 land or any interest in such land in the state. This prohibition 306 does not apply to a foreign principal that acquires agricultural 307 land for a diplomatic purpose that is recognized, acknowledged, 308 or allowed by the Federal Government. 309 (2) A foreign principal that directly or indirectly owns or 310 acquires agricultural land or any interest in such land in the 311 state before July 1, 2023, may continue to own or hold such land 312 or interest, but may not purchase or otherwise acquire by grant, 313 devise, or descent any additional agricultural land or interest 314 in such land in the state. 315 (3)(a) A foreign principal that directly or indirectly owns 316 or acquires agricultural land or any interest in such land in 317 the state before July 1, 2023, must register with the Department 318 of Agriculture and Consumer Services by January 1, 2024. The 319 department must establish a form for such registration, which, 320 at minimum, must include all of the following: 321 1. The name of the owner of the agricultural land or the 322 owner of the interest in such land. 323 2. The address of the agricultural land, the property 324 appraiser’s parcel identification number, and the property’s 325 legal description. 326 3. The number of acres of the agricultural land. 327 (b) A foreign principal that fails to timely file a 328 registration with the department is subject to a civil penalty 329 of $1,000 for each day that the registration is late. The 330 department may place a lien against the unregistered 331 agricultural land for the unpaid balance of any penalties 332 assessed under this paragraph. 333 (4) A foreign principal that acquires agricultural land on 334 or after July 1, 2023, by devise or descent, through the 335 enforcement of security interests, or through the collection of 336 debts must sell, transfer, or otherwise divest itself of the 337 agricultural land within 2 years after acquiring the 338 agricultural land. 339 (5) At the time of purchase, a buyer of agricultural land 340 or an interest in such land must provide an affidavit signed 341 under penalty of perjury attesting to compliance with this 342 section. The failure to obtain or maintain the affidavit does 343 not affect the title or insurability of the title for the 344 agricultural land. The Florida Real Estate Commission shall 345 adopt rules to implement this subsection, including rules 346 establishing the form for the affidavit required under this 347 subsection. 348 (6)(a) The agricultural land or an interest in such land 349 that is owned or acquired in violation of this section may be 350 forfeited to the state. 351 (b) The Department of Agriculture and Consumer Services may 352 initiate a civil action in the circuit court of the county in 353 which the property lies for the forfeiture of the agricultural 354 land or any interest therein. 355 (c) Upon filing such action, the clerk must record a lis 356 pendens in accordance with s. 48.23. The court must advance the 357 cause on the calendar. The defendant may at any time petition to 358 modify or discharge the lis pendens based upon a finding that 359 there is no probable cause to believe that the agricultural 360 land, or any portion thereof, is owned or held in violation of 361 this section. 362 (d) If the court finds that the agricultural land, or any 363 portion thereof, is owned or held in violation of this section, 364 the court must enter a final judgment of forfeiture vesting 365 title to the agricultural land in the state, subject only to the 366 rights and interests of bona fide lienholders, and such final 367 judgment relates back to the date of the lis pendens. 368 (e) The department may sell the agricultural land subject 369 to a final judgment of forfeiture. Any proceeds from the sale 370 must first be paid to any lienholders of the land, followed by 371 payment of any outstanding fines assessed pursuant to this 372 section, after which the department must be reimbursed for all 373 costs related to the forfeiture civil action and any costs 374 related to the sale of the land. Any remaining proceeds must be 375 paid to the property owner. 376 (f) At any time during the forfeiture proceeding the 377 department may seek an ex parte order of seizure of the 378 agricultural land upon a showing that the defendant’s control of 379 the agricultural land constitutes a clear and present danger to 380 the state. 381 (7) A foreign principal that purchases or acquires 382 agricultural land or any interest therein in violation of this 383 section commits a misdemeanor of the second degree, punishable 384 as provided in s. 775.082 or s. 775.083. 385 (8) A person who knowingly sells agricultural land or any 386 interest therein in violation of this section commits a 387 misdemeanor of the second degree, punishable as provided in s. 388 775.082 or s. 775.083. 389 (9) The Department of Agriculture and Consumer Services 390 shall adopt rules to implement this section. 391 Section 6. Section 692.203, Florida Statutes, is created to 392 read: 393 692.203 Purchase of real property around military 394 installations and critical infrastructure facilities by foreign 395 principals prohibited.— 396 (1) A foreign principal may not directly or indirectly own 397 or acquire by purchase, grant, devise, or descent any interest 398 in real property within 20 miles of any military installation or 399 critical infrastructure facility in the state. This prohibition 400 does not apply to a foreign principal that acquires real 401 property for a diplomatic purpose that is recognized, 402 acknowledged, or allowed by the Federal Government. 403 (2) A foreign principal that directly or indirectly owns or 404 acquires any interest in real property within 20 miles of any 405 military installation or critical infrastructure facility in the 406 state before July 1, 2023, may continue to own or hold such real 407 property, but may not purchase or otherwise acquire by grant, 408 devise, or descent any additional real property within 20 miles 409 of any military installation or critical infrastructure facility 410 in the state. 411 (3)(a) A foreign principal that owns or acquires real 412 property within 20 miles of any military installation or 413 critical infrastructure facility in the state before July 1, 414 2023, must register with the Department of Economic Opportunity 415 by January 1, 2024. The department must establish a form for 416 such registration which, at a minimum, must include all of the 417 following: 418 1. The name of the owner of the real property. 419 2. The address of the real property, the property 420 appraiser’s parcel identification number, and the property’s 421 legal description. 422 (b) A foreign principal that fails to timely file a 423 registration with the department is subject to a civil penalty 424 of $1,000 for each day that the registration is late. The 425 department may place a lien against the unregistered real 426 property for the unpaid balance of any penalties assessed under 427 this paragraph. 428 (4) A foreign principal that acquires real property or any 429 interest therein which is within 20 miles of any military 430 installation or critical infrastructure facility in the state on 431 or after July 1, 2023, by devise or descent, through the 432 enforcement of security interests, or through the collection of 433 debts must sell, transfer, or otherwise divest itself of such 434 real property within 2 years after acquiring the real property. 435 (5) At the time of purchase, a buyer of real property that 436 is located within 20 miles of any military installation or 437 critical infrastructure facility in the state must provide an 438 affidavit signed under penalty of perjury attesting to 439 compliance with this section. The failure to obtain or maintain 440 the affidavit does not affect the title or insurability of the 441 title for the real property. The Florida Real Estate Commission 442 shall adopt rules to implement this subsection, including rules 443 establishing the form for the affidavit required under this 444 subsection. 445 (6)(a) If any real property is owned or acquired in 446 violation of this section, the real property may be forfeited to 447 the state. 448 (b) The Department of Economic Opportunity may initiate a 449 civil action in the circuit court of the county in which the 450 property lies for the forfeiture of the real property or any 451 interest therein. 452 (c) Upon filing such action, the clerk must record a lis 453 pendens in accordance with s. 48.23. The court must advance the 454 cause on the calendar. The defendant may at any time petition to 455 modify or discharge the lis pendens based upon a finding that 456 there is no probable cause to believe that the real property, or 457 any portion thereof, is owned or held in violation of this 458 section. 459 (d) If the court finds that the real property, or any 460 portion thereof, is owned or held in violation of this section, 461 the court must enter a final judgment of forfeiture vesting 462 title to the real property in the state, subject only to the 463 rights and interests of bona fide lienholders, and such final 464 judgment relates back to the date of the lis pendens. 465 (e) The department may sell the real property subject to a 466 final judgment of forfeiture. Any proceeds from the sale must 467 first be paid to any lienholders of the land, followed by 468 payment of any outstanding fines assessed pursuant to this 469 section, after which the department must be reimbursed for all 470 costs related to the forfeiture civil action and any costs 471 related to the sale of the land. Any remaining proceeds must be 472 paid to the property owner. 473 (f) At any time during the forfeiture proceeding the 474 department may seek an ex parte order of seizure of the real 475 property upon a showing that the defendant’s control of the real 476 property constitutes a clear and present danger to the state. 477 (7) A foreign principal that purchases or acquires real 478 property or any interest therein in violation of this section 479 commits a misdemeanor of the second degree, punishable as 480 provided in s. 775.082 or s. 775.083. 481 (8) A person who knowingly sells real property or any 482 interest therein in violation of this section commits a 483 misdemeanor of the second degree, punishable as provided in s. 484 775.082 or s. 775.083. 485 (9) The Department of Economic Opportunity shall adopt 486 rules to implement this section. 487 Section 7. Section 692.204, Florida Statutes, is created to 488 read: 489 692.204 Purchase or acquisition of real property by the 490 People’s Republic of China prohibited.— 491 (1)(a) The following persons or entities may not directly 492 or indirectly own or acquire by purchase, grant, devise, or 493 descent any interest in real property in the state: 494 1. The People’s Republic of China, the Chinese Communist 495 Party, or any official or member of the People’s Republic of 496 China or the Chinese Communist Party. 497 2. Any other political party or member of a political party 498 or a subdivision of a political party in the People’s Republic 499 of China. 500 3. A partnership, an association, a corporation, an 501 organization, or any other combination of persons organized 502 under the laws of or having its principal place of business in 503 the People’s Republic of China. 504 4. Any person who is domiciled in the People’s Republic of 505 China and who is not a citizen of the United States. 506 (b) Paragraph (a) does not apply to a person or entity of 507 the People’s Republic of China that acquires real property for a 508 diplomatic purpose that is recognized, acknowledged, or allowed 509 by the Federal Government. 510 (2) A person or entity described in paragraph (1)(a) that 511 directly or indirectly owns or acquires any interest in real 512 property in the state before July 1, 2023, may continue to own 513 or hold such real property, but may not purchase or otherwise 514 acquire by grant, devise, or descent any additional real 515 property in the state. 516 (3)(a) A person or entity described in paragraph (1)(a) 517 that owns or acquires real property in the state before July 1, 518 2023, must register with the Department of Economic Opportunity 519 by January 1, 2024. The department must establish a form for 520 such registration which, at a minimum, must include all of the 521 following: 522 1. The name of the owner of the real property. 523 2. The address of the real property, the property 524 appraiser’s parcel identification number, and the property’s 525 legal description. 526 (b) A person or entity that fails to timely file a 527 registration with the department is subject to a civil penalty 528 of $1,000 for each day that the registration is late. The 529 department may place a lien against the unregistered real 530 property for the unpaid balance of any penalties assessed under 531 this paragraph. 532 (4) A person or entity that acquires real property in the 533 state on or after July 1, 2023, by devise or descent, through 534 the enforcement of security interests, or through the collection 535 of debts must sell, transfer, or otherwise divest itself of such 536 real property within 2 years after acquiring the real property 537 unless the person or entity is exempt under paragraph (1)(b). 538 (5) At the time of purchase, a buyer of real property in 539 the state must provide an affidavit signed under penalty of 540 perjury attesting to compliance with this section. The failure 541 to obtain or maintain the affidavit does not affect the title or 542 insurability of the title for the real property. The Florida 543 Real Estate Commission shall adopt rules to implement this 544 subsection, including rules establishing the form for the 545 affidavit required under this subsection. 546 (6)(a) If any real property is owned or acquired in 547 violation of this section, the real property may be forfeited to 548 the state. 549 (b) The Department of Economic Opportunity may initiate a 550 civil action in the circuit court of the county in which the 551 property lies for the forfeiture of the real property or any 552 interest therein. 553 (c) Upon filing such action, the clerk must record a lis 554 pendens in accordance with s. 48.23. The court must advance the 555 cause on the calendar. The defendant may at any time petition to 556 modify or discharge the lis pendens based upon a finding that 557 there is no probable cause to believe that the real property, or 558 any portion thereof, is owned or held in violation of this 559 section. 560 (d) If the court finds that the real property, or any 561 portion thereof, is owned or held in violation of this section, 562 the court must enter a final judgment of forfeiture vesting 563 title to the real property in the state, subject only to the 564 rights and interests of bona fide lienholders, and such final 565 judgment relates back to the date of the lis pendens. 566 (e) The department may sell the real property subject to a 567 final judgment of forfeiture. Any proceeds from the sale must 568 first be paid to any lienholders of the land, followed by 569 payment of any outstanding fines assessed pursuant to this 570 section, after which the department must be reimbursed for all 571 costs related to the forfeiture civil action and any costs 572 related to the sale of the land. Any remaining proceeds must be 573 paid to the property owner. 574 (f) At any time during the forfeiture proceeding the 575 department may seek an ex parte order of seizure of the real 576 property upon a showing that the defendant’s control of the real 577 property constitutes a clear and present danger to the state. 578 (7) A violation of this section constitutes a felony of the 579 third degree, punishable as provided in s. 775.082, s. 775.083, 580 or s. 775.084. 581 (8) A person who sells real property or any interest 582 therein in violation of this section commits a misdemeanor of 583 the first degree, punishable as provided in s. 775.082 or s. 584 775.083. 585 (9) The Department of Economic Opportunity shall adopt 586 rules to implement this section. 587 Section 8. Present subsections (3), (4), and (5) of section 588 408.051, Florida Statutes, are redesignated as subsections (4), 589 (5), and (6), respectively, a new subsection (3) is added to 590 that section, and subsection (2) of that section is reordered 591 and amended, to read: 592 408.051 Florida Electronic Health Records Exchange Act.— 593 (2) DEFINITIONS.—As used in this section, the term: 594 (a) “Electronic health record” means a record of a person’s 595 medical treatment which is created by a licensed health care 596 provider and stored in an interoperable and accessible digital 597 format. 598 (i)(b)“Qualified electronic health record” means an 599 electronic record of health-related information concerning an 600 individual which includes patient demographic and clinical 601 health information, such as medical history and problem lists, 602 and which has the capacity to provide clinical decision support, 603 to support physician order entry, to capture and query 604 information relevant to health care quality, and to exchange 605 electronic health information with, and integrate such 606 information from, other sources. 607 (b)(c)“Certified electronic health record technology” 608 means a qualified electronic health record that is certified 609 pursuant to s. 3001(c)(5) of the Public Health Service Act as 610 meeting standards adopted under s. 3004 of such act which are 611 applicable to the type of record involved, such as an ambulatory 612 electronic health record for office-based physicians or an 613 inpatient hospital electronic health record for hospitals. 614 (c) “Cloud computing” has the same meaning as in s. 615 282.0041. 616 (d) “Health care provider” means any of the following: 617 1. A provider as defined in s. 408.803. 618 2. A health care practitioner as defined in s. 456.001. 619 3. A health care professional certified under part IV of 620 chapter 468. 621 4. A home health aide as defined in s. 400.462. 622 5. A service provider as defined in s. 394.455 and the 623 service provider’s clinical and nonclinical staff who provide 624 inpatient or outpatient services. 625 6. A continuing care facility licensed under chapter 651. 626 7. A pharmacy permitted under chapter 465. 627 (e)(d)“Health record” means any information, recorded in 628 any form or medium, which relates to the past, present, or 629 future health of an individual for the primary purpose of 630 providing health care and health-related services. 631 (f)(e)“Identifiable health record” means any health record 632 that identifies the patient or with respect to which there is a 633 reasonable basis to believe the information can be used to 634 identify the patient. 635 (g)(f)“Patient” means an individual who has sought, is 636 seeking, is undergoing, or has undergone care or treatment in a 637 health care facility or by a health care provider. 638 (h)(g)“Patient representative” means a parent of a minor 639 patient, a court-appointed guardian for the patient, a health 640 care surrogate, or a person holding a power of attorney or 641 notarized consent appropriately executed by the patient granting 642 permission to a health care facility or health care provider to 643 disclose the patient’s health care information to that person. 644 In the case of a deceased patient, the term also means the 645 personal representative of the estate of the deceased patient; 646 the deceased patient’s surviving spouse, surviving parent, or 647 surviving adult child; the parent or guardian of a surviving 648 minor child of the deceased patient; the attorney for the 649 patient’s surviving spouse, parent, or adult child; or the 650 attorney for the parent or guardian of a surviving minor child. 651 (3) SECURITY AND STORAGE OF PERSONAL MEDICAL INFORMATION. 652 In addition to the requirements in 45 C.F.R. part 160 and 653 subparts A and C of part 164, a health care provider that 654 utilizes certified electronic health record technology must 655 ensure that all patient information stored in an offsite 656 physical or virtual environment, including through a third-party 657 or subcontracted computing facility or an entity providing cloud 658 computing services, is physically maintained in the continental 659 United States. This subsection applies to all qualified 660 electronic health records that are stored using any technology 661 that can allow information to be electronically retrieved, 662 accessed, or transmitted. 663 Section 9. Subsections (14) and (15) are added to section 664 408.810, Florida Statutes, to read: 665 408.810 Minimum licensure requirements.—In addition to the 666 licensure requirements specified in this part, authorizing 667 statutes, and applicable rules, each applicant and licensee must 668 comply with the requirements of this section in order to obtain 669 and maintain a license. 670 (14) The licensee must sign an affidavit at the time of his 671 or her initial application for a license and on any renewal 672 applications thereafter that attests under penalty of perjury 673 that he or she is in compliance with s. 408.051(3). The licensee 674 must remain in compliance with s. 408.051(3) or the licensee 675 shall be subject to disciplinary action by the agency. 676 (15)(a) The licensee must ensure that a person or entity 677 who possesses a controlling interest does not hold, either 678 directly or indirectly, regardless of ownership structure, an 679 interest in an entity that has a business relationship with a 680 foreign country of concern or that is subject to s. 287.135. 681 (b) For purposes of this subsection, the term: 682 1. “Business relationship” means engaging in commerce in 683 any form, including, but not limited to, acquiring, developing, 684 maintaining, owning, selling, possessing, leasing, or operating 685 equipment, facilities, personnel, products, services, personal 686 property, real property, military equipment, or any other 687 apparatus of business or commerce. 688 2. “Foreign country of concern” has the same meaning as in 689 s. 692.201. 690 3. “Interest” has the same meaning as in s. 286.101(1). 691 Section 10. Section 836.05, Florida Statutes, is amended to 692 read: 693 836.05 Threats; extortion.— 694 (1) Whoever, either verbally or by a written or printed 695 communication, maliciously threatens to accuse another of any 696 crime or offense, or by such communication maliciously threatens 697 an injury to the person, property or reputation of another, or 698 maliciously threatens to expose another to disgrace, or to 699 expose any secret affecting another, or to impute any deformity 700 or lack of chastity to another, with intent thereby to extort 701 money or any pecuniary advantage whatsoever, or with intent to 702 compel the person so threatened, or any other person, to do any 703 act or refrain from doing any act against his or her will, 704 commitsshallbe guilty ofa felony of the second degree, 705 punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 706 (2) A person who commits a violation of subsection (1) and 707 at the time of the violation is acting as a foreign agent, as 708 defined in s. 812.081(1), with the intent of benefiting a 709 foreign country of concern, as defined in s. 692.201, commits a 710 felony of the first degree, punishable as provided in s. 711 775.082, s. 775.083, or s. 775.084. 712 Section 11. This act shall take effect July 1, 2023.