What is Florida's SB 264 law on foreign property buyers, and is it still in effect in 2026?

Who counts as a foreign principal?

Section 692.201 defines a "foreign country of concern" as China, Russia, Iran, North Korea, Cuba, the Venezuelan regime of Nicolás Maduro and Syria. Chapter 2026-66, effective July 1, 2026, amended the wording of that definition, and the current text lists those seven countries.

A "foreign principal" includes those governments and officials, their political parties, companies organized or headquartered there, any person domiciled there who is not a U.S. citizen or lawful permanent resident, and any of them holding a controlling interest in an entity formed to own Florida property. The Eleventh Circuit noted that under Florida law, domicile turns on presence plus intent to remain, not immigration status.[1][5][6]

What does the law restrict?

Part III of Chapter 692 sets three purchase limits, a narrow exception and registration rules for existing owners:

• Agricultural land: foreign principals may not acquire it (section 692.202).
• Near sensitive sites: foreign principals may not acquire property on or within 10 miles of a military installation or a fenced or guarded critical infrastructure facility, such as a power plant, water treatment plant, seaport or airport (section 692.203).
• China: the Chinese government, Chinese Communist Party members, Chinese companies and people domiciled in China who are not U.S. citizens or permanent residents may not acquire Florida real property (section 692.204). A violation is a third-degree felony, and knowingly selling in violation is a first-degree misdemeanor.
• One-home exception: an individual with a current verified non-tourist U.S. visa or asylum documentation may buy one residential property of up to 2 acres in their own name, if it is not on or within 5 miles of a military installation.
• Existing owners: property held before July 1, 2023 may be kept but not added to, and covered owners must register with the state (the Department of Commerce, or the Department of Agriculture and Consumer Services for agricultural land); late registration carries a $1,000-per-day civil penalty, and purchases under the exception must be registered within 30 days.[1][2][3][4]

What does every buyer sign?

Buyers of Florida real property provide an affidavit, signed under penalty of perjury, confirming they are not a prohibited buyer or that they qualify for an exception. The Florida Real Estate Commission sets the form. A missing affidavit does not affect title or title insurability, and the closing agent is not liable unless it actually knows the sale violates the law.[4]

Where does the court challenge stand?

In Shen v. Commissioner, Florida Department of Agriculture and Consumer Services (No. 23-12737), four Chinese citizens and a brokerage challenged the purchase restriction, the registration requirement and the affidavit requirement. In an opinion filed November 4, 2025, the Eleventh Circuit affirmed the denial of a preliminary injunction against the registration and affidavit requirements and sent the purchase-restriction claim back with instructions to deny the injunction without prejudice, because no plaintiff had shown standing to challenge it.

That ruling addressed only a preliminary injunction, and later rulings can change the picture. Anyone who may be a foreign principal, and any seller unsure about a buyer, should get advice from a Florida real estate attorney before signing a contract.[6]