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The Governor of Florida, Ron DeSantis, signed Florida Senate Bill SB 264 (FL 264) into law on May 8, 2023. Unless litigation delays, the law will go into effect on July 1, 2023. It will place severe restrictions on individuals from certain foreign countries from being able to own land in the state of Florida. The specified “foreign countries” on the list include (Cuba, Venezuela, China, Syria, Russia, North Korea, and Iran). To further define, FL 264 prohibits individuals from the countries listed above from owning or acquiring agricultural land in Florida or possessing or receiving property within a 10-mile radius of a military base or other specific infrastructures. U.S. citizens or LPRs (Lawful Permanent Residents) are not considered foreign principals. Therefore, they are not subject to FL 264.

Continue reading for a summary of the significant provisions in Florida Senate Bill SB 264: 

  • Starting July 1, 2023, individuals purchasing a property that qualifies under FL 254 will be required to provide an affidavit that attests they are not a foreign principal.
  • Foreign principals may NOT own, acquire, or have controlling interest in agricultural land, except for a de minimus indirect interest, typically less than 5% of the company owning land or ownership of the entity.
  • Foreign principals also may NOT own, acquire, or have a controlling interest in owning agricultural land or property within 10 miles of a military base or a critical infrastructure facility. Critical infrastructure facilities include power plants, natural gas terminals, chemical manufacturing facilities, telecommunications, gas processing plants, seaports, airports, central switching offices, and more. To see the complete list, please go to flsenate.gov
    and read the bill in full detail. De minimus indirect interest is also an exception in this provision portion.
  • An exception may be available for foreign principals who owned agricultural land before July 1, 2023, but they must comply with registration requirements if they wish to own land after that date. A daily civil penalty of $1,000 will be given to foreign principals who fail to register promptly.
  • Foreign principals who do not comply also face civil and criminal consequences. Noncompliance with this provision can acquire a second-degree misdemeanor.

Florida Senate bill SB 264 also includes further restrictions added to the ones listed above for citizens of the Republic of China:

  • China, the Chinese Communist Party, Chinese business organizations, Chinese domiciles, or Chinese political party members who are not LPRs or citizens of the United States may NOT purchase or acquire real property in the state of Florida.
  • There is a registration requirement for buyers after the effective date to provide an affidavit that attests the buyer is not subject to these requirements.
  • A limited exception is available under ownership restrictions for a Chinese national to own one residential property directly under their name for up to two acres of land if it is not within five miles of a military base. An exception may also be extended for diplomatic reasons.
  • Criminal and civil penalties may apply if any foreign citizen of the Republic of China does not follow the requirements listed in the law.

The announcement of Florida Senate Bill SB 264 has brought state and nationwide concerns of discrimination and racial profiling, with critics stating that FL 264 violates the Fair Housing Act, which aids in protecting homebuyers from being discriminated against based on their race or nationality. On May 22, 2023, the American Civil Liberties Union, DeHand Law Offices PC, the Asian American Legal Defense, and several others filed a lawsuit that challenged this law on discriminatory grounds. While this news is still developing, we will monitor it and keep you informed on FL 264. If you have questions or concerns regarding an immigration matter, please get in touch with Rivera Law at (561) 651-9322.