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Assisted Living Administrative Rule Review SB264

This Florida Senior Living Association's Assisted Living Administrative Rule Review reports on recently proposed regulatory changes affecting Florida’s ALFs as a service to FSLA members. Although this rule update pertains to the Florida Department of Commerce and Florida Real Estate Commission, you can find more information regarding AHCA's overall rulemaking efforts here.

EXECUTIVE BRIEFING:

As previously reported by FSLA, during the 2023 Legislative Session, the Florida Legislature passed and the Governor signed into law, SB 264, Interests of Foreign Countries.

The bill restricts a Florida governmental entity’s ability to contract with or provide economic incentives to a foreign country of concern. The bill also places specific limitations on the type and location of land and real property that may be owned or acquired by a foreign country of concern and certain persons and entities affiliated with such countries.

Florida's Department of Commerce was charged with implementing provisions relating to limiting foreign ownership of property near critical facilities, and has proceeded as follows:

  • On August 1, 2023, Commerce published a Notice of Development of Rulemaking (NDR).

  • On September 20, 2023, Commerce published a Notice of Proposed Rulemaking (NPR), including the draft rule the agency intends to use.

The proposed rule language revolves around requiring foreign principals acquiring any interests in property (e.g., direct, indirect, de minimis) to register the property with the deparment in specified instances. You can read more about the proposed rules here. Interested parties have until Wednesday, October 11, 2023, to provide written comments or request a rule hearing.

Additionally, the Florida Real Estate Commission has filed a Notice of Development of Rulemaking for a buyer's affidavit form to implement SB 264.

Please review these rule activities and let FSLA know if you have any questions or concerns. FSLA will continue to monitor AHCA's actions and efforts as it proceeds along the rulemaking process.

In the meantime, please contact Jason Hand, FSLA's Vice President of Public Policy & Legal Affairs, for more information!

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