Florida’s

SB 264

RESTRICTIONS ON real estate ownership by “foreign principals

FOREIGN NATIONAL

PROPERTY OWNERS

OUR CLIENTS FROM

CUBANS & VENEZUELANS

Under Florida’s Senate Bill 264 (SB 264), property owners from specific countries are required to register their real estate holdings in Florida. The countries whose nationals are subject to these registration requirements include:

China
Russia
Iran
North Korea
Cuba
Venezuela
Syria

PENALTIES OF

NON-COMPLIANCE

The penalties for non-compliance with Florida’s Senate Bill 264 (SB 264) include:

  1. Monetary Penalties: There is a civil penalty of $1,000 for each day a required registration is late. This means that if a foreign principal who is required to register their property under SB 264 fails to do so by the specified deadline, they can be fined $1,000 per day until the registration is completed.

  2. Liens and Forfeiture: The State of Florida may impose a lien on unregistered land for the unpaid balance of any penalties assessed. In certain cases, failure to comply with the law could result in civil forfeiture of the property to the state.

  3. Criminal Penalties for Sellers: Sellers who violate the law, especially in transactions involving foreign principals from China, could face criminal penalties. Selling any interest in real property to a foreign principal of China under certain conditions can be considered a felony.

  4. Affidavit Requirements: The law requires an affidavit at the time of purchase stating that the buyer is not a foreign principal or is in compliance with SB 264. Failure to provide this affidavit could result in the aforementioned penalties.

For more detailed information and updates on the implementation and enforcement of SB 264, you may refer to legal resources or consult with a legal professional.

COUNTRIES OF

INTEREST

Under Florida’s Senate Bill 264 (SB 264), property owners from specific countries are required to register their real estate holdings in Florida. The countries whose nationals are subject to these registration requirements include:

  1. China
  2. Russia
  3. Iran
  4. North Korea
  5. Cuba
  6. Venezuela
  7. Syria

These countries are designated as countries of concern in the legislation, and the law is particularly focused on limiting real estate ownership and influence from these nations in Florida. The law requires registration for both agricultural and non-agricultural land, and imposes significant penalties for non-compliance.

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Frequently Asked Questions

What is SB 264?

  • SB 264 is a Florida law that restricts real property ownership by certain “foreign principals” from specific countries. It became effective on July 1, 2023.

Which countries are included in this law?

  • The affected countries include China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria.

What types of properties are restricted under this law?


    The law prohibits foreign principals from these countries from acquiring agricultural land in Florida. There are also restrictions on purchasing properties located within 10 miles of a military installation or critical infrastructure facility.

    What are current foreign owners required to do under this law?

        • Foreign owners who already owned properties before July 1, 2023, must register their properties by December 31, 2023 (for non-agricultural properties), or January 1, 2024 (for agricultural lands).
       

      Are there exceptions in the law?

      • Yes, they include the “one residence exception” that allows foreign principals to purchase a residential property under certain conditions and the exception for diplomatic purposes.

      What happens if a property is not registered as required by the law?

        • Civil penalties of $1,000 per day are applied for each day of delay in registration.

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