How can a Chinese Person comply with SB 264 to register property ownership in Florida ? They can now!(as of November 2023).
There is a new website form page in myFlorida.gov and one new anger link on the home page for ‘secure Florida’
https://floridacommerce.my.site.com/SecureFlorida/s/
There is a different place to register as a foreign principal in owning agricultural land now.
https://fpregistration.fdacs.gov/
Use the ‘Secure Florida’ forms for residential and commercial real estate ownership.
This is a Law that bans, restricts and can confiscate real estate and agricultural land ownership if the owner is not an United States Citizen, currently identifying citizens and principles, including corporate entities with foreign ownership, for those citizens of ‘foreign countries of concern’.
The foreign countries of concern means people or entities based in or native citizens of:
o The People’s Republic of China.
o The Russian Federation.
o The Islamic Republic of Iran.
o The Democratic People’s Republic of Korea (North Korea).
o The Republic of Cuba.
o The Venezuelan regime of Nicolás Maduro.
o The Syrian Arab Republic.
o Any agency of, or any other entity under the significant control of, one of the abovelisted foreign countries of concern.
Senate Bill 264 (2023) — The Florida Senate (flsenate.gov)
Whilst some groups are contesting this law as being proper and constitutional, it has been passed into law and some provisions have already come into effect.
If you are a Chinese National, the restrictions are somewhat more harsh than the other ‘foreign countries of concern’. This has implications for the professionals that took higher and advanced degrees in a Florida instittution but are not considering, have applied or qualify for immigration status for long-term work or settlement in the United States. The law has a daily penalty for late or failure to register, with a compliance date of December 31, 2023 with the Department of Economic Opportunity. There is no link or fillable form on the DEO or Florida website as of November 2 2023.
The guidance that the Florida Realtors Association has published correctly summarizes the process including purchase an ownership, but the DEO or any Florida State Agency Website has no obvious link to enable compliance to begin, to those who have properties but are not seeking long-term US residency or citizenship. There is also no detailed plans or even list of ‘sensitive’ key infrastructure locations that may make the ownership of a specific property by a Chinese National not permitted by the Florida law.
The Chinese Person is not permitted to own more than one residential real property, and only may own a property whilst holding a valid visa and official documentation.
It does not specify, but the inference is that when that person is no longer legally present in the USA, they may not continue to own such a property, but that is not specifically stated in the the law. This is based on the fact that the restriction of within 5 mile or 10 miles or even more than 10 miles from any military installation and Critical infrastructure facility does not make any location in the USA exempt from this stipulation.
CH 2023–33 Section 5 692.202 Purchase of Agricultural Land by Foreign Pricnciples prohibeted
‘ 2. A foreign principal that directly or indirectly owns or acquires agricultural land or any interest in such land in this state before July 1, 2023, may continue to own or hold such land or interest, but may not purchase or otherwise acquire by grant, devise, or descent any additional agricultural land or interest in such land in this state.
(3)(a) A foreign principal that directly or indirectly owns or acquires agricultural land or any interest in such land in this state before July 1, 2023, must register with the Department of Agriculture and Consumer Services by January 1, 2024. The department must establish a form for such registration.’
692.203 Purchase of Real Property on or Around Military installations or critical infrastructure facilities:
‘A foreign principal that directly or indirectly owns or acquires any interest in real property on or within 10 miles of any military installation or critical infrastructure facility in this state before July 1, 2023, may continue to own or hold such real property, but may not purchase or otherwise acquire by grant, devise, or descent any additional real property on or within 10 miles of any military installation or critical infrastructure facility in this state.
(3)(a) A foreign principal must register with the Department of Economic Opportunity if the foreign principal owns or acquires real property on or within 10 miles of any military installation or critical infrastructure facility in this state as authorized under subsection (4) or if the foreign principal owned or acquired an interest, other than a de minimus indirect interest, in such property before July 1, 2023. The department must establish a form for such registration which, at a minimum, must include all of the following:
1. The name of the owner of the real property.
2. The address of the real property, the property appraiser’s parcel identification number, and the property’s legal description.
(b) A foreign principal that fails to timely file a registration with the department is subject to a civil penalty of $1,000 for each day that the registration is late. A foreign principal must register a property interest owned before July 1, 2023, by December 31, 2023. The registration is considered to be late after January 31, 2024.
“A foreign principal who owns or acquires real property on or after July 1, 2023, as authorized under subsection (4), must register the real property within 30 days after the property is owned or acquired. The department may place a lien against the unregistered real property for the unpaid balance of any penalties assessed under this paragraph. (4) Notwithstanding subsection (1) a foreign principal who is a natural person may purchase one residential real property that is up to 2 acres in size if all of the following apply: (a) The parcel is not on or within 5 miles of any military installation in this state. (b) The person has a current verified United States Visa that is not limited to authorizing tourist-based travel or official documentation confirming that the person has been granted asylum in the United States, and such visa or documentation authorizes the person to be legally present within this state. © The purchase is in the name of the person who holds the visa or official documentation described in paragraph (b). (5) Notwithstanding subsections (1) and (2), a foreign principal may acquire real property or any interest therein which is on or within 10 miles of any military installation or critical infrastructure facility in this state on or after July 1, 2023, by devise or descent, through the enforcement of security interests, or through the collection of debts, provided that the foreign principal sells, transfers, or otherwise divests itself of such real property within 3 years after acquiring the real property. (6)(a) At the time of purchase, a buyer of the real property that is on or within 10 miles of any military installation or critical infrastructure facility in this state must provide an affidavit signed under penalty of perjury attesting that the buyer is:
1. Not a foreign principal or not a foreign principal prohibited from purchasing the subject real property; and
2. In compliance with the requirements of this section.’
When you go to The Official Portal of the State of Florida and look for the State Agencies, there is no listing for DEO or Department of Economic Opportunity. Most of the search links for DEO relate to Employment opportunities, or the pathetic maximum $275 per week a person that is unemployed by action of an employer must register and claim this benefit whilst seeking work actively for 12 weeks only. Enterprise florida is not that agency,
Grow Your Business in Florida | Enterprise Florida Inc.
https://www.enterpriseflorida.com/
, Commerce Department is all about Jobs (but actually is the correct department) but has no reference on that home page that is primarily related to florida jobs.
So you need to first register an email account to access the forms. Then indicate tge type of entity ( corporate or personal). Then enter the names or names if principals. Tgen enter tge details of tgd property or properties, including tge legal.pkat book folio designation, as well as the full address and select the type of property — a home would be ‘residential’, even if it is rented out for a family or several students to live in.
Then there is the certification, to attest that all information is correctly entered.
