In 2023, Florida enacted a third part to Chapter 692 of the Florida Statutes certain foreigners from owning Florida Property.  These restrictions APPLY TO “FOREIGN PRINCIPALS” AS DEFINED IN FLA. STAT. 692.201:  Generally being citizen(s) of another country (e.g. not a U.S. Citizen or Green Card Holder) DOMICILED in any of the following seven (“7”) countries:  1) Peoples Republic of China; 2) Russian Federation; 3) Islamic Republic of Iran; 4) Democratic People’s Republic of Korea; 5) Republic of Cuba; 6) Republic of Venezuela; or 7) Syrian Arab Republic, collectively defined as “A Foreign Country of Concern.”

A CAUTIONARY TALE ABOUT DOMICILE IN FLORIDA

Under Florida law, a person’s domicile is not always where that person physically resides. It is where the person has a good faith intent to establish a home permanently or indefinitely.  A person can only have one domicile at a time, and does not acquire a new domicile—even if temporarily absent—without intending to abandon his prior one.

Domicile is an essential component of Florida’s restrictions on certain foreigners owning land.  It can be a tricky concept to understand and navigate.  Questions regarding your domicile should be reviewed and discussed with an attorney especially as it relates to Florida’s restrictions on certain foreigners acquiring and owning land.  With that said, generally speaking, domicile has been defined by Florida courts as a home or place where a person has a good faith intent to live permanently or indefinitely.  For this reason, a person can only have one domicile at a time and a temporary absence does not cause the person to lose their domicile.  As an example, a Canadian citizen, living and working in Hong Kong buying a home in Florida can create serious questions of domicile and the restrictions on ownership of land.  The table below provides some general guidance on Florida’s restrictions on foreigners domiciled in certain countries owning land in Florida.  This is not intended to be legal advise, but rather a cautionary tale for why the advice of counsel is important as any foreigner considers buying land in Florida. 

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