One of the most common questions Florida buyers and agents ask right now: can a foreign citizen still buy property in Florida? For most people the answer is yes — but a 2023 state law, SB 264, added real restrictions for certain buyers and a new affidavit that nearly every buyer signs at closing. As the title company, we're the ones who prepare and collect it, so here's the plain-English version.
- SB 264 (effective July 1, 2023) restricts certain foreign principals from owning Florida property near military bases, critical infrastructure, and farmland.
- The strictest limits apply to buyers domiciled in China; six other "countries of concern" face narrower restrictions.
- Most foreign buyers are not restricted — but nearly all buyers now sign an affidavit at closing confirming they aren't a restricted foreign principal.
- This is general information, not legal advice — the rules are detailed and evolving, so confirm specifics with a Florida attorney and your title company.
What SB 264 Actually Does
SB 264 limits how certain foreign principals — broadly, governments, entities, and individuals connected to seven designated "countries of concern" — can own or acquire Florida real estate. The restrictions are tied to where the property sits: parcels near military installations and critical infrastructure, and agricultural land, carry the tightest limits. The law also created registration requirements and civil and criminal penalties for violations, and it directed state agencies to enforce it.
Importantly, the law is not a blanket ban on all foreign buyers. It targets specific principals and specific property types. But because a closing agent can't always tell at a glance whether a buyer or a parcel triggers the rules, the practical effect is a screening step at closing for everyone.
Who It Restricts
The rules fall hardest on buyers domiciled in China, who face the broadest restrictions on purchasing Florida real estate. Buyers tied to the other designated countries face narrower limits focused on property near sensitive sites and farmland. There are limited exceptions — for example, certain lawful permanent residents, and small purchases of residential property near (but not on) restricted sites under specific conditions.
- Not U.S. citizens or green-card holders from most countries: generally unaffected.
- Buyers tied to a country of concern: restricted near military/critical-infrastructure sites and on agricultural land.
- Buyers domiciled in China: the most restrictive category, with narrow exceptions.
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Questions About a Foreign-Buyer Closing?
Leave your name, phone, and email — a licensed Florida title agent will walk you through the SB 264 affidavit and requirements before your closing.
The Affidavit You Sign at Closing
Here's where the title company comes in. To close a Florida purchase, buyers now typically sign an affidavit stating they are not a restricted foreign principal under the law (and, where relevant, that the purchase qualifies for an exception). We prepare that affidavit, review it with the buyer, and include it in the closing package. It's a routine document for most buyers — but skipping it, or signing it inaccurately, is exactly the kind of problem that surfaces later and clouds a title.
If a buyer is a restricted foreign principal, the deal can't simply proceed as normal — that's a conversation for a real estate attorney before the contract, not a surprise at the closing table.
What Buyers, Sellers & Agents Should Do
Buyers
If you're a foreign national buying in Florida, tell your agent and title company up front. Most purchases are fine, but we'll confirm the property and your status so the affidavit is accurate and the closing isn't delayed.
Agents
Spot the issue early. If a buyer might be a foreign principal — especially near a base or on farmland — loop in the title company or an attorney before writing the contract, not after.
Sellers
A restricted buyer can void a sale under the law. Confirming your buyer can legally close protects your deal — another reason to close with a title company that handles the affidavits correctly.
💡 Closing on a Florida property with a foreign buyer or seller? Talk to Atlantic Title Firm — we prepare the required affidavits and keep your closing compliant.
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💡 Closing on a Florida property with a foreign buyer or seller? Talk to Atlantic Title Firm — we prepare the required affidavits and keep your closing compliant.
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Submit a Contract →Related Reading
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2026 Florida Real Estate Laws
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How to Choose a Title Company
What to look for in a Florida closer.
Frequently Asked Questions
Can a foreign citizen buy property in Florida?
Most can. SB 264 restricts 'foreign principals' tied to seven countries of concern — strictest for Chinese nationals — mainly for property near military sites, critical infrastructure, and farmland. Buyers from most countries aren't restricted, but nearly all now sign an affidavit at closing.
What is SB 264?
A 2023 Florida law restricting certain foreign principals from owning real estate near military bases, critical infrastructure, and agricultural land, with the tightest rules for buyers domiciled in China, plus registration duties and penalties.
Do I have to sign an affidavit at closing?
In practice yes — buyers typically sign an affidavit confirming they aren't a restricted foreign principal. Your title company prepares and collects it.
Does it affect sellers or agents?
Mainly buyers, but flag any foreign-buyer question to your title company early — a restricted buyer can void a sale.
General information, not legal advice. Florida laws, requirements, and deadlines change — always confirm the current rules with a licensed Florida attorney and your title agent about your specific situation.
Closing With a Foreign Buyer or Seller?
Atlantic Title Firm handles the SB 264 affidavits, FIRPTA, and the paperwork that keeps your Florida closing compliant — statewide across all 67 counties.