Florida law limits some real estate purchases by foreign individuals and companies. For Chinese nationals, the answer is not simply yes or no.
Florida Senate Bill 264 took effect in 2023. It created new rules for certain “foreign principals” who want to own property in the state. It also added stricter rules for some people and entities linked to China.
A Chinese national may still be able to buy property in Florida. The answer can depend on domicile, U.S. immigration status, the type of property, its location, and the ownership structure.
What does Florida SB 264 restrict?
Florida lists China, Russia, Iran, North Korea, Cuba, the Maduro regime in Venezuela, and Syria as foreign countries of concern.
The law limits certain foreign principals from buying agricultural land. It also restricts some purchases near military installations and critical infrastructure.
For certain people and entities linked to China, the rules are broader. Florida law generally restricts real property ownership by covered Chinese government or political actors, some China-based businesses, and certain people domiciled in China.
For individuals, domicile is important. Chinese citizenship by itself does not determine whether the restriction applies.
Can a Chinese national buy a home in Florida?
In some cases, yes.
Florida law allows a narrow exception for certain individuals who are otherwise covered by the China-specific restriction. They may be able to buy one residential property of up to two acres if several conditions are met.
The property must not be on or within five miles of a military installation. The buyer must also have a qualifying U.S. visa that is not limited to tourist travel, or have been granted asylum.
The document must allow the person to be legally present in Florida. The property must also be bought in that person’s own name.
This exception is limited. It does not create a general right to buy multiple investment properties.
Why does domicile matter?
Florida law focuses on domicile for the individual category in the China-specific rule. That is different from citizenship or nationality.
Domicile generally involves physical presence and an intent to remain in a place. Because of that, two Chinese citizens may have different outcomes under the law.
The Eleventh Circuit addressed this issue in Shen v. Simpson in November 2025. The court found that several plaintiffs had not shown that they were domiciled in China. As a result, they did not have standing to challenge the purchase restriction.
For a buyer, this means nationality alone may not answer the question. Immigration status, residence, intent, and other facts may also matter.
Can an LLC avoid the restriction?
Not automatically.
Florida law also covers some indirect interests, controlling interests, and entities formed to own real estate. Buying through an LLC does not by itself remove the transaction from SB 264.
This is especially important for investors who use holding companies, subsidiaries, or cross-border structures.
Registration and affidavit requirements
SB 264 also includes compliance duties.
Some covered owners must register qualifying property with the Florida Department of Commerce. Certain permitted acquisitions made after July 1, 2023 must generally be registered within 30 days.
Florida also requires an affidavit for certain real estate purchases. The buyer must confirm that the transaction complies with the law.
Late registration can lead to civil penalties. Some violations may also lead to forfeiture proceedings or criminal penalties.
For that reason, buyers should review the rules before signing or closing a transaction.
What happened to the legal challenge against SB 264?
SB 264 has faced legal challenges.
In November 2025, the Eleventh Circuit upheld the denial of a preliminary injunction against the registration and affidavit requirements.
The court did not invalidate the purchase restriction. Instead, it found that the plaintiffs lacked standing to challenge that part of the law at that stage.
Investors should therefore not assume that the litigation removed Florida’s restrictions.
Can Chinese nationals still invest in Florida?
Yes, but real estate requires careful review.
SB 264 is not a blanket ban on every investment by every Chinese national. Still, the rules can affect real estate purchases depending on the investor and the property.
Before moving forward, review:
- Domicile
- U.S. immigration status
- Property type
- Property location
- Ownership structure
- Links to any covered entity
A legal review before the transaction can help identify restrictions and filing duties early.
If you are considering a Florida property or investment structure that may be affected by SB 264, Loigica can help review the ownership structure and the rules that may apply before you move forward.
Disclaimer
This article provides general information about Florida SB 264 and foreign ownership of real property. It is not legal advice and does not create an attorney-client relationship.
Laws, court decisions, and enforcement practices may change. Each transaction should be reviewed based on its own facts.
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