Florida's Foreign Buyer Law (SB 264) Explained
Almost every foreign national can buy Florida property with no restriction at all. Who the 2023 law actually limits, the seven countries of concern, the one-residence visa exception, and the affidavit that now appears at every closing.
Somewhere between the headline and the group chat, “Florida passed a law about foreign buyers” often arrives as “foreigners cannot buy in Florida anymore.” That is not what the law says. Florida’s SB 264, in effect since July 2023, restricts property purchases by a narrow, precisely defined group: people domiciled in seven named countries of concern who hold neither US citizenship nor a green card, plus the governments and entities of those countries. Everyone else — a buyer living in Germany, Austria, Switzerland, Canada, Brazil, Colombia, the UK, Israel, or almost anywhere else on the map — buys Florida property today exactly the way they could in 2022. The only visible change at their closing is one standard affidavit.
Thomas Druck PA has been a Miami broker since 2006 and works primarily with absentee owners — including international buyers purchasing from abroad. The legal question in this article has a clean factual answer, and this guide states it precisely: who the law covers, why Miami-Dade sits almost entirely inside its restricted zones, what the one-residence exception requires, and what the affidavit at closing actually certifies. What this guide does not do is practice law. A buyer with any connection to the seven listed countries gets the same referral every time: a Florida real estate attorney, before an offer is written — the same way tax questions go to a CPA or Steuerberater.
The law follows domicile, not your passport
SB 264 does not ask what passport you carry. It asks where you are domiciled -- where your fixed, primary home is -- and whether you hold US citizenship or lawful permanent residency. A "foreign principal" under the statute is, for natural persons, someone domiciled in one of the seven countries of concern who is neither a US citizen nor a green-card holder. A Russian citizen who has lived in Berlin for a decade is not domiciled in Russia and is not covered. A Venezuelan-born US green-card holder is exempt outright, whatever their domicile history. And a German, Canadian, Brazilian, or British buyer was never in the law's scope to begin with.
The law is also settled for now. Constitutional challenges followed immediately after passage; the Eleventh Circuit Court of Appeals upheld the law 2-1 in November 2025 (Shen v. Simpson), and it remains fully enforceable. Anyone telling you the law was struck down is working from an old headline about a partial, two-plaintiff injunction that no longer controls.
What SB 264 actually prohibits
The statute stacks three distinct restrictions, from narrow to near-total:
- Agricultural land -- all seven countries. Foreign principals from any of the seven countries of concern cannot acquire Florida agricultural land. Irrelevant to condo buyers; noted here only for completeness.
- The 10-mile rule -- all seven countries. Foreign principals cannot acquire property on or within 10 miles of any military installation or critical infrastructure facility -- a defined list that includes seaports, airports, power plants, water and wastewater treatment plants, refineries, LNG terminals, and telecommunications switching offices. In dense urban counties this rule is the whole game (next section).
- The China rule -- statewide. For the People's Republic of China, the Chinese Communist Party, their officials and members, PRC-organized entities, and persons domiciled in China without US citizenship or a green card, the ban covers essentially all Florida real property, not just the 10-mile zones. It also carries the law's heaviest penalties: a third-degree felony for the buyer and a first-degree misdemeanor for a seller who knowingly sells. Under the general 10-mile rule, violations by buyer or knowing seller are second-degree misdemeanors.
Entities are tested by control, not by label: a company organized in a country of concern, or one in which covered persons hold a controlling interest, is itself a foreign principal. There is a de minimis carve-out for passive holdings -- under 5 percent of a publicly traded company, or a non-controlling stake held through an SEC-registered investment adviser, does not trip the statute. Owners who already held covered property before July 1, 2023 keep it, but must register with FloridaCommerce; late registration runs $1,000 per day and can end in a lien.
Why Miami-Dade is effectively fully covered
Draw a 10-mile circle around PortMiami. Draw another around Miami International Airport, another around every power plant, water treatment facility, and telecom switching office in the county, plus the Coast Guard installations on the water. The circles overlap until essentially no parcel in Miami-Dade sits outside all of them. That is not a quirk of Miami -- it is how the 10-mile rule behaves in any dense urban county -- but the practical consequence for a covered buyer is binary: treat Miami-Dade as off-limits under the general rule, full stop, unless the one-residence exception below applies.
This is also why "how far is this condo from the port" is the wrong diligence question. No mapping exercise rescues a covered buyer in an urban core, and no mapping exercise is needed for everyone else. The useful question is the first one: is the buyer a foreign principal at all? For the overwhelming majority of international buyers the answer is no, and the analysis ends there.
The one-residence exception for visa holders
The statute leaves one door open for covered individuals. A natural person who would otherwise be barred may purchase one residential property if all of the following hold:
- They hold a current, verified US visa that is not limited to tourist travel -- or official documentation of asylum. A B-1/B-2 tourist visa does not qualify; work and student visas generally do.
- The property is 2 acres or less. Virtually every condo qualifies; some estate lots do not.
- The parcel is not on or within 5 miles of a military installation. Note the asymmetry: this 5-mile test attaches to military installations only -- the critical infrastructure list that drives the general 10-mile rule does not shrink the exception zone.
- The purchase is made in the buyer's own name -- not through an LLC, trust, or relative.
One property means one: a covered buyer who already used the exception cannot add a second unit, an investment condo, or a parking-lot parcel. And the exception changes nothing about the affidavit -- the buyer discloses the exception at closing rather than skipping the form. Whether a specific visa qualifies and whether a specific parcel clears the 5-mile test are exactly the questions a Florida real estate attorney answers before the offer, not after.
Six things buyers get wrong about the law
- "It bans foreigners." It restricts foreign principals from seven named countries. The other roughly 190 nationalities of buyer are untouched -- Miami's German, Canadian, Brazilian, Colombian, and British buyers close exactly as before.
- "My passport decides." Domicile decides, along with US status. Domiciled outside the seven countries, or holding US citizenship or a green card, means the law does not apply -- whatever the passport says.
- "An LLC fixes it." The statute tests control. An entity with a controlling interest held by covered persons is itself a foreign principal, and buying in an LLC's name does not launder a covered buyer into compliance -- it adds a second violation. Only genuinely passive, de minimis public-market holdings are carved out.
- "The affidavit is optional paperwork." The buyer affidavit (FREC forms, in use since January 2024) is standard at Florida closings and is what gives the seller a safe harbor. Refusing it stops the closing; signing it falsely is its own problem.
- "China is treated like the other six." The China rule is statewide rather than zone-based and is the only one carrying felony exposure for the buyer. The other six countries' domiciliaries face the 10-mile rule and misdemeanor penalties.
- "The courts killed it." Upheld on appeal, November 2025. In force. A Supreme Court appeal remains possible; until one succeeds, plan around the law as written.
What this article does not cover
This article covers the Miami real estate side of Florida’s foreign buyer law: who it restricts, why Miami-Dade sits inside its zones, and what shows up at closing. It does not cover: whether the law applies to your specific facts (domicile, visa class, entity structure — a Florida real estate attorney), immigration status or visa strategy (an immigration attorney), entity structuring for ownership or tax (attorney plus CPA), federal CFIUS review on larger transactions (specialized counsel), or agricultural land mechanics. If any part of your situation touches the seven listed countries, the sequence is fixed: attorney first, offer second. For everyone else, the law is one affidavit at closing and this article is the whole story.
Quick answers for foreign buyers
Can a German, Canadian, or British citizen buy property in Florida?
Yes, with no restriction of any kind. Florida's SB 264 names seven countries of concern -- China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria -- and restricts only buyers domiciled there without US citizenship or a green card, plus those countries' governments and controlled entities. A buyer living in Germany, Canada, the UK, or nearly anywhere else closes exactly like a US buyer. The only trace of the law at their closing is a standard affidavit confirming they are not a covered foreign principal.
Which countries are restricted from buying property in Florida?
Seven: China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria. The restriction covers persons domiciled in those countries who lack US citizenship or permanent residency, their governments and officials, members of their ruling parties, and entities organized there or controlled by covered persons. China faces the strictest tier -- a near-total statewide ban with felony exposure -- while the other six face the 10-mile military and critical infrastructure rule, which in urban counties like Miami-Dade covers essentially everything.
Does the law apply to US citizens or green-card holders from those countries?
No. US citizenship or lawful permanent residency takes a buyer out of the statute entirely, whatever their country of origin or current domicile. A Chinese-born US green-card holder, a Cuban-American citizen, or a Russian-born naturalized citizen buys Florida property with no SB 264 restriction. The law also does not reach citizens of the seven countries who are domiciled elsewhere -- a Russian citizen living permanently in Dubai or Berlin is not a foreign principal under the statute.
Can a Chinese citizen buy a condo in Miami?
It depends on domicile and status, not citizenship alone. A Chinese citizen with US citizenship or a green card: yes, unrestricted. A Chinese citizen domiciled outside China (say, permanently resident in Singapore or Germany): not a foreign principal, so yes. A person domiciled in China without US status: barred statewide, with one exception -- a current non-tourist US visa or asylum status allows one residence up to 2 acres, more than 5 miles from a military installation, purchased in their own name. Violations under the China rule are a third-degree felony for the buyer, so this is attorney-before-offer territory, always.
What is the foreign buyer affidavit at Florida closings?
Since January 2024, Florida closings use standardized affidavits (FREC Rule 61J2-10.200) in which the buyer attests they are not a prohibited foreign principal -- or that they qualify for an exception. Title companies collect it routinely; it takes minutes, and for the seller it provides a statutory safe harbor against having knowingly sold to a covered buyer. For the vast majority of international buyers the affidavit is the entire footprint of SB 264 on their transaction. Signing it falsely is a criminal matter -- answer it accurately and raise doubts with an attorney beforehand.
Can an LLC or company with foreign owners buy property in Florida?
Usually yes -- the statute tests control, not the mere presence of foreign owners. An entity becomes a foreign principal only when it is organized in one of the seven countries of concern or when covered persons hold a controlling interest in it. A Delaware LLC owned by German or Brazilian investors is unaffected. Passive de minimis holdings -- under 5 percent of a publicly traded company, or non-controlling stakes via an SEC-registered adviser -- are expressly carved out. Entity structures with any covered-country ownership need a Florida attorney's review before contract, because using an entity to buy around the law is itself a violation.
Related Resources
- Foreign National Mortgages in Miami -- the next question after "can I buy": down payment math, building warrantability, and the lender-before-unit workflow.
- Miami Realtor for German-Speaking Buyers -- the language-specific guide for DACH-region buyers, who are entirely outside SB 264's scope.
- ITIN Setup for Foreign Buyers -- the IRS taxpayer number most foreign owners need, and the 6 to 10 week clock to start early.
- FIRPTA For Future Sellers -- how today's purchase structure decides tomorrow's withholding when you eventually sell.
- Why Buy Miami Real Estate Now -- the decision anchor for buyers weighing timing rather than legality.
- Non-Resident Buyers hub -- the full guide series for international and out-of-state buyers.
Buying in Miami from abroad?
Start with a Pre-Purchase Net + Risk Review. Written breakdown of realistic acquisition cost, building warrantability, Milestone status, HOA reserve exposure, and closing timeline — with the SB 264 affidavit handled as routine paperwork, because for almost every international buyer that is exactly what it is. Legal questions on the law’s application go to a Florida real estate attorney; tax questions to your CPA or Steuerberater.