[miami_fan]

Originally Posted by Edward64

Straight up questions are fine, no need to be delicate. Just don't be accusatory or sarcastic (like others, not you specifically) before mis/understanding what I'm saying. So I appreciate you asking in a straight forward manner like you are to clarify/question my position.


I don't understand your question?

It's not a matter if Asian people are under the influence of the Chinese Communist party. The distinction is if the Asian buying (and owns) the property is a US Citizen/PR or a Chinese citizen. If it's a US Citizen that belongs to a communist party, no biggie, free country etc.

Not according the the Governor.

DeSantis signs Florida crackdown on foreign property; Chinese groups worried

"Today is one example of Florida really leading the nation in terms of what we're doing to stop the influence of the Chinese Communist party," DeSantis said at Monday press conference in Hernando County.

So if I take him at his word (dangerous I know), the influence of the Chinese Communist Party is front and center with this bill. Maybe he is also interested in getting Americans in China the ability to buy real property and farmland there but I have not seen any evidence of that yet.

Re:my question

In its final form, the bill prevents the foreign countries of concern and their officers from buying farmland as well as property within 10 miles of a military installation or critical infrastructure facility.

And no one connected with the Chinese government or the CCP is allowed to purchase real estate in Florida under the bill, nor can anyone who is "domiciled" in China and not a United States citizen or lawful permanent resident.

So again, using the above language this time, who determines who is an "officer" of one of these foreign countries of concern and who is "connected" with the Chinese government or the CCP? Actually the words "connect" or connected is not even in the bill. Here is the actual text from the final bill that was signed into law.

692.204 Purchase or acquisition of real property by the People’s Republic
of China prohibited.—

(1)(a) The following persons or entities may not directly or indirectly
own, have a controlling interest in, or acquire by purchase, grant, devise, or
descent any interest, except a de minimus indirect interest, in real property
in this state:

1. The People’s Republic of China, the Chinese Communist Party, or any
official or member of the People’s Republic of China or the Chinese
Communist Party.

2. Any other political party or member of a political party or a
subdivision of a political party in the People’s Republic of China.

3. A partnership, an association, a corporation, an organization, or any
other combination of persons organized under the laws of or having its
principal place of business in the People’s Republic of China, or a subsidiary
of such entity.

4. Any person who is domiciled in the People’s Republic of China and who
is not a citizen or lawful permanent resident of the United States.

5. Any person, entity, or collection of persons or entities described in
subparagraphs 1. through 4. having a controlling interest in a partnership,
association, corporation, organization, trust, or any other legal entity or
subsidiary formed for the purpose of owning real property in this state

FYI "citizen or lawful permanent resident of the United States" only appears twice in the bill. Above and in the section that defines "Foreign Principal". After reading the bill that was signed into law, I am no longer sure if that actually allows citizenship or lawful permanent residency to override being part of the groups described above. That is a separate issue.

Upon reading the bill, I actually have the answers I was looking for in my previous post.

Who is responsible and what methods will they be using to verify that those Asian looking people are or are not under the influence of the Chinese Communist party?

The buyer is required to sign an affidavit saying that they are not a part of any of the groups above. The Department of Economic Opportunity can initiate a civil suit to see if they believe the affidavit is false. Nothing in the bill to describe how the state will prove their case.

What is the penalty for the entity I assume is not under the influence of the Chinese Communist party who owns the property when they decide that all American dollars spend so they knowingly, unknowingly, but let's be serious knowingly sell to someone under the influence of the Chinese Communist party because they have the highest bid?

From the bill

9) A person who knowingly sells real property or any interest therein in violation of this section commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083.

And finally,

Is the selling entity required to return the funds back to a buyer who is determined to be under the influence of the Chinese Communist party after the fact or does the buyer just happen to lose those funds which will allow the seller to keep the funds and sell the property to someone else?

The answer is a little bit...maybe.

(d) If the court finds that the real property, or any portion thereof, is
owned or held in violation of this section, the court must enter a final
judgment of forfeiture vesting title to the real property in this state, subject
only to the rights and interests of bona fide lienholders, and such final
judgment relates back to the date of the lis pendens.

(e) The department may sell the real property subject to a final judgment
of forfeiture. Any proceeds from the sale must first be paid to any lienholders
of the land, followed by payment of any outstanding fines assessed pursuant
to this section, after which the department must be reimbursed for all costs
related to the forfeiture civil action and any costs related to the sale of the
land. Any remaining proceeds must be paid to the property owner

Question to you:

Do you believe Chinese citizens (not dual US-Chinese citizen) should be allowed to buy and own residential property in the US? In China, I can buy property but I don't own it (e.g. it's a long term lease like 70 years).

(Plenty of other countries have similar or other restrictions to prevent owning land and/or house)

Am I allowing Chinese citizens to legally come into the country, legally working, legally owning businesses here, and legally pay taxes here? If so then yes, they should be allowed to buy real property and farmland here. I am not sure what the benefit is of limiting property ownership of Chinese citizens in America because the Chinese government limits property ownership to American citizens. If the citizens from the other "foreign countries of concern" as defined in the law (Russia, Cuba, Iran, North Korea, the Venezuelan regime of Nicolás Maduro(?) and the Syrian Arab Republic) are allowed to buy and own residential property, I would need to see a lot more for me to prevent Chinese citizens from doing the same.Are we committed to this capitalism or are we not?