Quick Read Summary (TLDR)

Florida’s Senate Bill 264 (effective July 1, 2023) significantly restricts purchases by foreign real estate buyers from seven “countries of concern,” including China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria. The law imposes a near-total ban on Chinese nationals buying any real estate, while nationals from the other six countries face restrictions primarily on agricultural land and property near military/critical infrastructure. All buyers must sign an affidavit confirming compliance, and violations carry severe penalties, including potential forfeiture of the property and criminal charges for both buyers and sellers. Despite a legal challenge, the law was upheld in November 2025, making legal consultation essential for any potentially affected foreign buyer or entity involved in Florida real estate transactions.

South Florida Law can represent foreign real estate buyers seeking property in Florida and advise on what is permissible by Florida Statute and Federal Law. We have legal professionals who speak Farsi, Russian and Spanish and you can reach us by phone (954) 900-8885 or via our contact form.

Florida has long been a popular destination for international real estate investment. However, individuals from certain countries now face significant restrictions when attempting to purchase property in the Sunshine State. Under Florida’s Senate Bill 264, which became effective on July 1, 2023, foreign nationals from specific nations are prohibited from acquiring various types of real estate throughout Florida. Understanding these restrictions is essential for anyone involved in Florida real estate transactions.

Which Countries Are Affected by Florida’s Foreign Ownership Law?

Florida Statutes Chapter 692, Part III identifies seven “foreign countries of concern” whose citizens face property ownership restrictions. These countries include the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea (North Korea), the Republic of Cuba, Venezuela (referenced in the statute as “the Venezuelan regime of Nicolás Maduro”), and the Syrian Arab Republic.

Individuals considered “foreign principals” under the law include government officials, political party members, and business entities from these countries. The definition also extends to any person who is domiciled in one of these countries and is not a United States citizen or lawful permanent resident. Additionally, any entity formed for the purpose of owning real property in Florida may be classified as a foreign principal if individuals from these countries hold a controlling interest in that entity.

Different Rules for Different Countries

One of the most important aspects of Florida’s foreign ownership law is that it treats Chinese nationals differently from nationals of the other six countries of concern. The restrictions placed on individuals and entities associated with China are significantly broader and more severe.

For foreign principals from Russia, Iran, North Korea, Cuba, Venezuela, and Syria, the restrictions apply specifically to agricultural land and real property located within 10 miles of military installations or critical infrastructure facilities. These individuals may still purchase other types of Florida real estate, such as residential or commercial properties, as long as those properties do not fall within the restricted categories.

In contrast, Chinese nationals who are not U.S. citizens or lawful permanent residents face a near-total ban on purchasing any type of real property anywhere in Florida. This includes residential homes, commercial buildings, agricultural land, and virtually all other real estate categories. The law essentially prohibits Chinese foreign principals from acquiring any interest in Florida real property, with only very limited exceptions.

Restricted Property Types and Locations

Under Section 692.202 of the Florida Statutes, all foreign principals from acquiring agricultural land in Florida. Agricultural land is defined as property classified for agricultural purposes under Florida’s property tax statutes.

Section 692.203 further prohibits foreign principals from owning or acquiring any interest in real property located on or within 10 miles of any military installation or critical infrastructure facility. Military installations are defined as bases, camps, posts, stations, or other facilities encompassing at least 10 contiguous acres under the jurisdiction of the Department of Defense. Critical infrastructure facilities include chemical manufacturing plants, gas processing facilities, certain seaports, water treatment plants, telecommunications centers, and airports.

The Florida Department of Commerce has created an online search tool that allows individuals to enter a property address and determine whether it falls within the restricted zones near military installations or critical infrastructure.

Limited Exception for Residential Property

Florida law does provide one narrow exception for certain Chinese nationals and other restricted foreign principals. Under Section 692.204, a natural person may purchase one residential property of up to two acres in size, provided several conditions are met. The property cannot be located on or within five miles of any military installation. The purchaser must hold a valid U.S. visa that is not limited to tourist travel, or must have official documentation confirming asylum status in the United States. The purchase must also be made directly in the name of the individual holding the visa or asylum documentation.

This exception allows some foreign nationals to purchase a single home for personal use, but it does not permit investment in multiple properties or large parcels of land. Given the complexity of determining eligibility for this exception, prospective buyers would be wise to consult with an experienced Florida real estate attorney before proceeding with any transaction.

Registration and Affidavit Requirements

Florida’s foreign ownership law imposes important compliance requirements on both buyers and existing property owners. All buyers of real property in Florida (regardless of their nationality) must now sign an affidavit at closing. This affidavit, signed under penalty of perjury, requires the buyer to attest that they are not a prohibited foreign principal, or that they qualify for an exception under the law.

The Florida Real Estate Commission adopted official affidavit forms in January 2024 under Rule 61J2-10.200. Closing agents are required to obtain these affidavits, although failure to do so does not affect the title or insurability of the property unless the closing agent has actual knowledge of a violation.

Foreign principals who owned restricted property before July 1, 2023, were required to register their ownership with the appropriate Florida regulatory agency by specific deadlines. Failure to register on time subjects the property owner to civil penalties of $1,000 for each day the registration is late. These penalties can become a lien against the unregistered property.

“All buyers of real property in Florida (regardless of their nationality) must now sign an affidavit at closing.”

Penalties for Violations

The consequences for violating Florida’s foreign ownership restrictions are severe. Real property acquired in violation of the law may be forfeited to the State of Florida. The Florida Department of Commerce and the Florida Department of Agriculture and Consumer Services have authority to initiate civil forfeiture actions in circuit court.

Criminal penalties also apply. A Chinese national who purchases real property in violation of Section 692.204 commits a third-degree felony, punishable by up to five years in prison and fines up to $5,000. Sellers who knowingly sell property to restricted foreign principals face misdemeanor charges, with penalties including up to one year of imprisonment and $1,000 in fines.

Current Legal Status

The constitutionality of Florida’s foreign ownership law was challenged in federal court in the case of Shen v. Simpson. In November 2025, the U.S. Court of Appeals for the Eleventh Circuit issued a ruling that effectively upheld the law. The court found that the registration and affidavit requirements are likely constitutional and rejected claims that federal law preempts the Florida statute. As a result, Florida’s restrictions on foreign real estate ownership remain fully enforceable.

The Importance of an Attorney

Florida’s foreign ownership restrictions are complex and carry significant legal consequences. Anyone involved in a real estate transaction who may be affected by these rules should strongly consider seeking guidance from a qualified Florida attorney. An experienced legal professional can help determine whether a prospective buyer qualifies as a foreign principal, whether any exceptions apply, and how to ensure full compliance with all registration and affidavit requirements. Attempting to navigate these restrictions without proper legal counsel could result in criminal charges, substantial fines, or even the loss of the property through forfeiture.

South Florida Law

South Florida Law PLLC has extensive experience representing clients in complex real estate matters throughout the State of Florida, including transactions involving foreign buyers and investors. The firm has successfully represented foreign entities doing business in Florida and understands the unique challenges these clients face when navigating state and federal regulations. With team members who speak Farsi, Russian, and Spanish, South Florida Law is well-equipped to serve clients from diverse backgrounds affected by Florida’s foreign ownership restrictions.

If you are a foreign real estate buyer considering a purchase of a Florida property, do not “go it alone.” Call South Florida Law on (954) 900-8885 or reach out to us via our contact form.