State Senate Seeks to Fast-Track Curbs to China Land Purchases
"This bill protects, strategically speaking, our land and to make sure … we aren't dependent on other countries for agriculture," bill sponsor Sen. Jay Collins said.
March 16, 2023 at 11:34 AM
3 minute read
The Florida Senate has started fast-tracking a proposal that would bar the sale of agricultural land and property within 20 miles of military bases to interests tied to the Chinese government or other nations on a list of "countries of concern."
The bill (SB 264), which passed the Senate Judiciary Committee on Tuesday, also would prevent Florida government agencies from entering contracts involving access to personal information with entities tied to countries of concern. Also, it would require health-care providers to ensure electronic technology keeps patient information within the continental U.S.
"There are countries that simply don't stand up for our way of life, our thoughts or ideas, ideals and principles," bill sponsor Sen. Jay Collins, R-Tampa, said. "This bill protects, strategically speaking, our land and to make sure … we aren't dependent on other countries for agriculture."
While China is the primary focus of Collins' proposal, other countries of concern are Russia, Iran, North Korea, Cuba, Venezuela and Syria.
Gov. Ron DeSantis and Agriculture Commissioner Wilton Simpson have pushed for restrictions on farm-land acquisitions by people and entities linked to the Chinese government.
While she voted for the measure, Senate Minority Leader Lauren Book, D-Plantation, questioned if the proposal creates a discriminatory situation "for individuals who are here in this country who want to purchase property."
Collins said the intent is to differentiate between people who have migrated to the U.S. and people still tied to the targeted governments.
"We are not targeting individuals. We are talking about countries specifically and their practices on the international stage," Collins replied.
States, according to a Senate staff analysis, have "narrow limits" to apply laws exclusively to "alien inhabitants," but court decisions have determined "each state, in the absence of any treaty provision to the contrary, may deny to aliens the right to own land within its border."
The bill would take effect July 1. People or entities that own agricultural land before then would not have to give up the property, but they would be prevented from expanding their acreage after that date.
Information is not readily available about how much agricultural land in Florida is owned by entities tied to China.
A Senate staff analysis pointed to a 2021 U.S. Department of Agriculture report in which 6.3% of the 21.85 million acres of privately held agricultural land in Florida was owned by foreigners of all nationalities.
"It is unclear how much of that land is owned by China, although the [federal] department does report that [China] owns 96,975 acres in the 'South Region,' which includes Florida," the staff analysis states.
Also under the bill, starting Jan. 1, 2024, entities seeking to bid on government contracts that involve access to individual personal information would have to provide signed affidavits declaring they don't rule afoul of prohibitions on ties to countries of concern.
Violations could result in civil penalties equal to twice the value of the contracts and five years of being ineligible to seek other contracts.
Collins' proposal would need to clear the Rules Committee before it could go to the full Senate. A similar bill (HB 1355) has been filed in the House.
Jim Turner reports for the News Service of Florida.
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
Law Firms Mentioned
Trending Stories
- 1The Law Firm Disrupted: For Big Law Names, Shorter is Sweeter
- 2Wine, Dine and Grind (Through the Weekend): Summer Associates Thirst For Experience in 'Real Matters'
- 3The 'Biden Effect' on Senior Attorneys: Should I Stay or Should I Go?
- 4BD Settles Thousands of Bard Hernia Mesh Lawsuits
- 5First Lawsuit Filed Alleging Contraceptive Depo-Provera Caused Brain Tumor
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250