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Florida Administrative Code (Last Updated: July 17, 2024) |
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5. Department of Agriculture and Consumer Services |
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5J. Division of Consumer Services |
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5J-27. FOREIGN OWNERSHIP OF AGRICULTURAL LAND |
1For the purpose of administering section 692.202, F.S., and these rules, the following definitions apply:
16(1) “Clear and present danger” means an immediate danger to the public health, safety, or welfare or other substantial loss to the state.
39(2) For the purpose of interpreting the definition of “foreign principal” in section 692.201(4), F.S., “controlling interest” has the same meaning as defined in section 287.138(1)(a), F.S. Individuals approved by the federal government to participate in the EB-5 Program are excluded from this definition.
83(3) For the purpose of administering section 692.202(1), F.S., “controlling interest in agricultural land” means any interest which gives the foreign principal two or more of the following rights, whether or not the rights are exercised or shared concurrently with any other person, and whether or not the underlying agricultural land is subject to an easement or other encumbrance:
142(a) To physically access the agricultural land;
149(b) To exclude others from physically accessing the agricultural land;
159(c) To improve or develop the agricultural land; or
168(d) To attach fixed or immovable structures or objects to the agricultural land.
181(4) “De Minimis Indirect Interest” has the same meaning as defined in section 692.202(1), F.S.
196(5) “Department” means the Florida Department of Agriculture and Consumer Services.
207(6) “Directly own” means the foreign principal holds equitable or legal title to the agricultural land in their own name.
227(7) “Domicile” means the place where the individual is physically present and intends to remain permanently or indefinitely.
245(8) “Indirectly own” means the foreign principal has an interest in an entity that has equitable or legal title to the agricultural land; or the foreign principal has an interest in the agricultural land, but the equitable or legal title to the agricultural land is held by another entity or individual.
296(9) “Interest in agricultural land” means all or part of an equitable or legal title to the agricultural la315nd.
316(10) “Official documentation” means documentation issued by U.S. Citizenship and Immigration Services.
328(11) “Own” means to have equitable or legal title to the agricultural land.
341Rulemaking Authority 692.202(9), 344570.07(23) FS. 346Law Implemented 692.202, FS. History–New 4-4-24.
