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Florida Administrative Code (Last Updated: June 27, 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 |
1(1) Registration for Agricultural Land Owned or Acquired Prior to July 1, 2023.
14(a) A foreign principal who owns or acquires a legal or equitable interest, other than a de minimis indirect interest, in agricultural land or any interest in such land in Florida prior to July 1, 2023, must register with the Department in accordance with this rule.
60(b) A foreign principal must register with the Department on or before January 1, 2024, to be deemed timely registered. A foreign principal is not required to register if the foreign principal fully divests their interest in agricultural land prior to January 1, 2024.
104(c) A foreign principal who registers after January 31, 2024, shall be deemed late and will have fines assessed in accordance with rule 5J-27.004, F.A.C.
129(2) Registration for Agricultural Land Acquired on or After July 1, 2023, as authorized under section 692.202(4), F.S.
147(a) A foreign principal who acquires agricultural land or any interest in such land, other than a de minimis indirect interest, on or after July 1, 2023, by devise or descent, through the enforcement of security interests, or through the collection of debts, must register with the Department within 30 days after the property is owned or acquired by the foreign principal.
209(b) If the foreign principal acquired the agricultural land or any interest therein between July 1, 2023, and the effective date of this rule, the foreign principal will have 30 days from the effective date of this rule to register with the Department to be deemed timely registered.
257(c) The foreign principal must submit an updated registration form within three years of acquiring the agricultural land demonstrating the sale, transfer, or other divestment of such agricultural land.
286(d) A foreign principal who registers more than 30 days after the agricultural land is owned or acquired shall be deemed late and will have fines assessed in accordance with rule 5J-27.004, F.A.C.
319(3) Registration Method.
322A foreign principal required to register agricultural land must submit FDACS-10993, Agricultural Land Owned by a Foreign Principal, 12/23, hereby incorporated by reference, or by using the online registration system on the Department’s website at https://www.fdacs.gov. Copies of this form may be obtained from the Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500 or accessed online at: 387http://www.flrules.org/Gateway/reference.asp?No=Ref-16510389.
390(4) Updated Registrations.
393(a) A foreign principal must update their registration with the Department if any of the following occur:
4101. The foreign principal sold the agricultural land;
4182. The foreign principal no longer owns the agricultural land;
4283. The foreign principal’s agricultural land is no longer classified as agricultural under section 442193.461, F.S.;
4444. The foreign principal no longer has any interest in the agricultural land; or
4585. The foreign principal no longer meets the definition of a foreign principal as that term is defined in section 692.201, F.S.
480(b) A foreign principal’s registration must be updated using the online registration system on the Department’s website at https://www.fdacs.gov/.online or by written notification to the Department of Agriculture and Consumer Services, Division of Consumer Services, 2005 Apalachee Parkway, Tallahassee, Florida 32399-6500.
521(5) The prohibition and registration requirements prescribed by section 692.202, F.S., shall not apply with respect to any interest that is a de minimis indirect interest.
547Rulemaking Authority 692.202(9), 550570.07(23) FS. 552Law Implemented 692.202, FS. History–New 4-4-24.
