Florida SB 264: China Domicile & Military Site Restrictions

Quick answer: SB 264 (Chapter 692, effective July 2023) bars China-domiciled non-residents from nearly all Florida real estate and restricts every country of concern within 10 miles of military bases, verify domicile, parcel proximity, and visa status with a Florida attorney before signing any contract.

Florida SB 264 is the only US state law that can void a completed real estate purchase, trigger felony charges, and force property forfeiture, all based on where the buyer is domiciled, not where they were born. If you hold ties to China, Russia, Cuba, Venezuela, Iran, Syria, or North Korea and you are not a US citizen or green card holder, this statute controls whether you can buy Florida property at all, where you can buy it, and what happens if you get it wrong. The Eleventh Circuit upheld the law in November 2025; treat it as fully enforceable in 2026.

Florida Estate publishes independent editorial research, not legal advice. SB 264, its implementing rules, and court interpretations change. Verify domicile status, parcel proximity, and current statute text with a Florida-licensed real estate attorney before any binding contract.

What Is Florida SB 264 and Why Does It Matter for Real Estate Investors?

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting what is florida sb 264 and why does it matter for real estate investors. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Florida Senate Bill 264, codified as Chapter 692, Florida Statutes, took effect on July 1, 2023. Governor Ron DeSantis signed it amid a broader state and federal push to limit foreign ownership of land near sensitive sites. For real estate investors, SB 264 is not abstract politics, it is a transaction gate that can void a purchase, trigger criminal exposure, and force forfeiture of property already acquired.

The law creates three overlapping restriction layers:

Proximity restrictions: foreign principals from any country of concern cannot own property within 10 miles of qualifying military installations or critical infrastructure.
China-specific ownership ban: persons domiciled in China who are not U.S. citizens or lawful permanent residents cannot own almost any Florida real property anywhere in the state.
Administrative compliance: registration of existing holdings, sworn affidavits at closing, and civil penalties for late disclosure.

If you are a foreign buyer evaluating Miami condos, Orlando vacation rentals, or Panhandle agricultural land, SB 264 belongs in the same due diligence stack as FIRPTA, estate tax planning, and SB 4-D condo inspections. The difference: violating SB 264 can end the deal before it closes, or unwind it afterward.

Florida Estate stat checklist (2026):

Gross yield band: 3% to 10% by market and rental model
Net yield after fees: often 2% to 5% after 20% to 25% management
Property tax: near 1% to 2% of assessed value annually
Short-term rent taxes: 6% Florida sales tax plus 4% to 6% tourist development tax in many counties
Insurance binders: coastal condos often $2,000 to $8,000+ before wind coverage add-ons

Which Countries Does SB 264 Cover?

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting which countries does sb 264 cover. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Florida Estate underwrites Florida SB 264 with verified HOA estoppel, tax registration, and insurance binders before recommending any wire. Under 2026 assumptions, gross yields span 3% to 10% by market while net yields often land 2% to 5% after 20% to 25% management, property tax near 1% to 2% of assessed value, and combined STR taxes near 12% to 13%.

Florida Statutes define foreign countries of concern as seven jurisdictions:

Country	Primary SB 264 treatment
China	Broad ban on ownership for China-domiciled non-residents; narrow visa-holder exception for one residential parcel
Cuba	Near-total prohibition on property ownership for covered foreign principals
Venezuela	Near-total prohibition for covered foreign principals
Syria	Near-total prohibition for covered foreign principals
Iran	Near-total prohibition for covered foreign principals
Russia	Near-total prohibition for covered foreign principals
North Korea	Near-total prohibition for covered foreign principals

Who is exempt: U.S. citizens and lawful permanent residents (green card holders) regardless of country of birth or prior domicile. A Chinese-born U.S. citizen domiciled in Florida faces no SB 264 purchase restriction. A Colombian, Brazilian, Argentine, Canadian, British, or Israeli buyer faces no SB 264 restriction at all, those nationalities appear constantly in Miami transaction data but are outside this statute entirely.

The practical confusion in the market comes from conflating nationality with domicile. SB 264 asks where you are domiciled, where you maintain your permanent legal home with intent to remain, not which passport you carry on vacation.

Domicile vs Citizenship: The Distinction That Decides Your Eligibility

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting domicile vs citizenship: the distinction that decides your eligibility. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate verification steps:

Model net yield at 2% to 5% after 20% to 25% management and 12% to 13% combined STR taxes
Confirm county tax registration and DBPR license before the first guest stay
Request insurance binders showing STR or landlord use before wire transfer

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

SB 264’s China-specific purchase ban in § 692.204 applies to persons domiciled in China who are not U.S. citizens or lawful permanent residents. That wording creates three common scenarios investors misunderstand:

Scenario A: Chinese citizen, domiciled in China, no U.S. residency

Result: Cannot purchase Florida property except through the narrow natural-person exception (discussed below). This is the core target of the statute.

Scenario B: Chinese citizen, permanent resident of Canada or Singapore, domiciled outside China

Result: Generally outside the China domicile ban, assuming domicile is genuinely outside China and the buyer is not domiciled in another restricted country. Document domicile with tax returns, visa status, and a legal opinion, do not rely on verbal assurances from a seller’s agent.

Scenario C: U.S. lawful permanent resident born in China, domiciled in Florida

Result: Exempt. Lawful permanent resident status removes the China-domicile restriction regardless of where the buyer was born.

Scenario D: U.S. citizen living in Shanghai for work

Result: Exempt as a U.S. citizen, though domicile analysis can become complex if the buyer later renounces U.S. citizenship. This edge case matters for long-term expatriates, get advice before restructuring.

Investor takeaway: Before making an offer anywhere in Florida, foreign buyers from countries of concern should obtain a written domicile analysis from a Florida real estate attorney. Title companies increasingly refuse to close without it when the buyer discloses ties to China or the other six listed countries.

China-Domiciled Buyers: The Broad Ban and the One Narrow Exception

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting china-domiciled buyers: the broad ban and the one narrow exception. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Section 692.204 is the most aggressive provision in SB 264. It prohibits the Chinese government, Chinese Communist Party officials, Chinese business organizations, and China-domiciled non-residents from owning or acquiring any interest in Florida real property, residential, commercial, agricultural, and condo hotel units included.

The visa-holder exception (natural persons only)

A natural person (not an entity) domiciled in China may acquire one residential property meeting all of these conditions:

Requirement	Detail
Property type	Residential only
Maximum size	Up to two acres
Military distance	Not within five miles of a military installation
Immigration status	Valid U.S. visa that is not limited to tourism, or official documentation of asylum
Title	Must be in the individual’s personal name

This exception is far narrower than most international buyers assume. It excludes:

Second homes beyond the single allowed property
Commercial investments, STR portfolios, and pre-construction contract assignments
Purchases through LLCs, trusts, or family partnerships
Agricultural or undeveloped land of any size
Any property within five miles of a qualifying military installation

For Miami-focused buyers, the five-mile Homestead Air Reserve Base radius excludes portions of southern Miami-Dade and Homestead itself, but most Brickell, Edgewater, Miami Beach, and Sunny Isles Beach condos qualify on distance, yet a China-domiciled buyer still cannot buy them unless they satisfy every exception element, including the single-property cap and personal-name requirement.

Our Miami Real Estate for Foreign Buyers guide covers market selection, FIRPTA, and financing for international capital, SB 264 is the compliance layer you must clear before those topics matter.

Military Installation and Critical Infrastructure: The 10-Mile Rule

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting military installation and critical infrastructure: the 10-mile rule. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Section 692.203 applies to foreign principals from all seven countries of concern, not only China. It prohibits owning or acquiring real property:

On or within 10 miles of any military installation (U.S. military real property of 10 or more contiguous acres), or
On or within 10 miles of critical infrastructure facilities

What counts as critical infrastructure?

Florida’s statute includes facilities such as:

Chemical manufacturing plants
Gas processing facilities
Refineries
Seaports and certain port facilities
Water treatment plants
Wastewater treatment plants
Electrical power generation and transmission facilities
Airports
Telecommunications switching offices and certain data centers

The list is broader than most buyers expect. A residential parcel ten miles from a major airport or seaport can fall inside the restricted zone even if no military base is visible on the horizon.

Major Florida military installations creating exclusion buffers

Installation	Region	Investor relevance
NAS Pensacola / Eglin AFB	Panhandle	Large rural and coastal exclusion zones; agricultural land deals high-risk
NAS Jacksonville / NSB Kings Bay	Northeast FL	Affects suburbs and waterfront parcels near Jacksonville and St. Marys
MacDill AFB	Tampa Bay	Central Tampa, southern Pinellas, and parts of Hillsborough County
Patrick Space Force Base	Space Coast	Cocoa Beach, Merritt Island, and Cape Canaveral corridor
Homestead Air Reserve Base	South Florida	Southern Miami-Dade; portions of Homestead and Redland
NAS Key West	Keys	Limited but absolute barrier for restricted nationals in the Lower Keys

South Florida’s primary foreign-buyer condo corridors, Brickell, Edgewater, Sunny Isles, Fort Lauderdale beach, sit outside most military ten-mile radii on a map, but critical infrastructure near PortMiami, Miami International Airport, and Fort Lauderdale-Hollywood International Airport can still trigger restrictions for covered foreign principals on specific parcels. Never assume clearance from a neighborhood name alone.

Cuba, Venezuela, Russia, and the Other Four: Near-Total Ownership Ban

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting cuba, venezuela, russia, and the other four: near-total ownership ban. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

For foreign principals domiciled in Cuba, Venezuela, Syria, Iran, Russia, or North Korea who are not U.S. citizens or lawful permanent residents, SB 264 imposes a general prohibition on owning Florida real property, not limited to proximity zones. The ten-mile military and infrastructure rule stacks on top for these nationalities, but the baseline ban is statewide.

Practical impact on Florida’s international buyer market:

Venezuelan and Cuban buyers, historically significant in Miami, who are U.S. citizens or green card holders are fully exempt. Venezuelan or Cuban nationals domiciled in their home countries face the ban.
Russian buyers in Sunny Isles Beach and Hallandale, a well-documented community, must analyze domicile and immigration status individually. A Russian citizen with U.S. permanent residency is exempt; a Russia-domiciled non-resident is not.

This is why Miami brokers increasingly ask for immigration documentation early in the offer process, not at closing.

Registration, Affidavits, and Closing Compliance

SB 264 is enforced at closing in practice, not only on paper.

Sworn affidavit requirement

Every buyer must sign an affidavit attesting either that they are not a prohibited foreign principal, or that their acquisition qualifies under a statutory exception. Title companies and Florida closing agents treat this as standard on 2026 transactions. A false affidavit exposes the signer to perjury and criminal fraud liability separate from SB 264 itself.

Registration of existing holdings

China-domiciled non-residents who owned Florida property before July 1, 2023 were required to register those holdings with the state (originally the Department of Economic Opportunity; verify the current registering agency with your attorney). Late registration triggers $1,000 per day civil penalties until compliance.

Title company gatekeeping

Florida title insurers and underwriters have tightened SB 264 review since the Eleventh Circuit decision. Expect additional questionnaires if:

Buyer name suggests Chinese, Russian, Cuban, Venezuelan, Iranian, Syrian, or North Korean origin
Buyer uses a foreign mailing address
Purchase entity is offshore or has foreign members
Wire originates from a bank in a country of concern

Build two extra weeks into your closing timeline if SB 264 analysis is required.

What should investors know about penalties: criminal exposure and property forfeiture for Florida SB 264?

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting what should investors know about penalties: criminal exposure and property forfeiture for florida sb 264. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

SB 264 is not a civil fine statute alone. Knowing acquisition of restricted property can be charged as a felony under Florida law. The state may also pursue forfeiture of the property interest, meaning the buyer loses the asset, not merely pays a penalty.

Violation type	Potential consequence
Purchase in violation of § 692.203 or § 692.204	Criminal prosecution; property forfeiture
False closing affidavit	Perjury / fraud charges independent of SB 264
Late registration of pre-existing holdings	$1,000/day civil penalty until filed
Entity structuring to conceal prohibited owner	Aggravating factor in criminal and civil enforcement

Foreign buyers who closed transactions between July 2023 and 2025 without analyzing SB 264 should have an attorney review current holdings, especially China-domiciled owners with multiple Florida properties who exceed the one-property exception.

Florida Estate stat checklist (2026):

Gross yield band: 3% to 10% by market and rental model
Net yield after fees: often 2% to 5% after 20% to 25% management
Property tax: near 1% to 2% of assessed value annually
Short-term rent taxes: 6% Florida sales tax plus 4% to 6% tourist development tax in many counties
Insurance binders: coastal condos often $2,000 to $8,000+ before wind coverage add-ons

What should investors know about court challenges: shen v. simpson and current status for Florida SB 264?

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting what should investors know about court challenges: shen v. simpson and current status for florida sb 264. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

SB 264 faced immediate constitutional challenges after enactment. A federal district court initially enjoined portions of the law. On November 4, 2025, the U.S. Court of Appeals for the Eleventh Circuit reversed that injunction in Shen v. Simpson, upholding the statute’s core restrictions against equal protection and due process challenges.

What this means for buyers in 2026:

Treat SB 264 as fully enforceable when planning acquisitions
Do not defer purchases hoping for federal preemption or repeal
Document compliance contemporaneously, retroactive fixes are harder after closing

Other states (Texas, Alabama, and others) have enacted similar foreign-ownership restrictions, but Florida’s law is among the most litigated and now among the most judicially validated.

What belongs on the sb 264 due diligence checklist: before you make an offer?

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting what belongs on the sb 264 due diligence checklist: before you make an offer. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Use this sequence on every Florida purchase where the buyer has ties to a country of concern:

Step	Action	Who performs
1	Confirm buyer is U.S. citizen or lawful permanent resident; if yes, stop SB 264 analysis	Buyer’s immigration counsel
2	If not, analyze domicile under Florida conflict-of-law rules	Florida real estate attorney
3	Order parcel proximity report, distance to nearest military installation and critical infrastructure	Surveyor or attorney using DEO/official maps
4	Confirm property type and acreage against exception limits (residential, under two acres)	Buyer’s agent + attorney
5	Verify visa category if relying on China natural-person exception	Immigration attorney
6	Confirm title will be taken in personal name if using exception, not LLC	Closing attorney
7	Insert SB 264 compliance contingency in contract if any uncertainty remains	Buyer’s agent
8	Review title company SB 264 questionnaire and affidavit draft before earnest money goes hard	Buyer’s attorney

For the broader due diligence framework, HOA reserves, SB 4-D inspections, insurance, and STR rules; see Due Diligence Florida Real Estate.

How SB 264 Interacts With FIRPTA, LLCs, and FinCEN Rules

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting how sb 264 interacts with firpta, llcs, and fincen rules. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Foreign buyers often conflate three separate compliance layers. They are not interchangeable:

Rule	What it governs	Overlap with SB 264
SB 264	Whether you may acquire Florida property based on domicile and location	Standalone acquisition gate
FIRPTA	Tax withholding on sale by foreign persons	Applies on exit, not entry; see FIRPTA guide
FinCEN residential real estate rule	Beneficial ownership reporting on all-cash residential transfers to entities and trusts	Reporting obligation; does not grant SB 264 clearance
Florida LLC ownership	Liability and estate tax structuring	LLC does not bypass SB 264 if beneficial owner is prohibited

A China-domiciled buyer who forms a Delaware LLC held by a Hong Kong parent company has not solved SB 264, indirect and controlling interests are explicitly covered.

What should investors know about market impact: miami, orlando, and the panhandle for Florida SB 264?

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting what should investors know about market impact: miami, orlando, and the panhandle for florida sb 264. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Miami-Dade and Broward

Miami draws the largest foreign capital pool in the United States, $4.4 billion in foreign investment in 2025 per Miami Realtors data cited in our Miami foreign buyer guide. Chinese buyers represent a smaller share of that volume than Colombian, Argentine, Brazilian, and Venezuelan buyers, but SB 264 still affects:

Mainland Chinese investors buying Sunny Isles pre-construction
Hong Kong families routing capital through U.S. entities without green cards
China-domiciled EB-5 investors seeking Florida residential footholds

Most Miami condo inventory passes the distance test for military and infrastructure buffers, but fails the China domicile test unless the visa exception applies in full.

Orlando and vacation rental corridors

Osceola and Orange County STR investors from restricted countries face the same domicile analysis. Proximity to Orlando International Airport and Kennedy Space Center infrastructure can trigger § 692.203 for covered foreign principals even when no military base is nearby.

Panhandle and agricultural land

SB 264’s original political framing targeted Chinese agricultural land purchases near military installations. The Panhandle, with Eglin, Pensacola NAS, and vast rural acreage, is the highest-risk geography for proximity violations. Any foreign principal from a country of concern evaluating timber, farm, or large rural parcels should treat SB 264 as a deal-killer until cleared.

What belongs on the sb 264 compliance checklist before wire transfer?

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting what belongs on the sb 264 compliance checklist before wire transfer. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Before wire transfer on any Florida transaction involving a buyer with foreign ties:

Written legal opinion on domicile and SB 264 eligibility
Parcel-level distance certification to nearest military installation and critical infrastructure
Immigration documentation on file if using China natural-person exception
Title company SB 264 affidavit reviewed and signed
Purchase structure confirmed, personal name vs entity, matches exception requirements
Seller’s side cleared, some developers now require buyer SB 264 certification at reservation stage
Cross-check with Florida Property for Foreign Buyers hub for FIRPTA and estate tax planning

What is the Florida SB 264 florida estate editorial note?

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting what is the florida sb 264 florida estate editorial note. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Florida Estate tracks SB 264 implementation because foreign buyer compliance is a lead-qualification issue as much as a legal one. In Miami buyer consultations, the pattern is consistent: buyers from non-restricted countries (Colombia, Argentina, Brazil, Canada) need FIRPTA and estate tax planning but not SB 264 clearance; buyers with any China, Russia, Cuba, or Venezuela domicile connection need attorney sign-off before property tours, not after offer acceptance.

If you are uncertain which category applies, start with domicile analysis, it costs less than a forfeited earnest money deposit on a prohibited parcel.

What should investors know about tradeoffs: buying florida property under sb 264 scrutiny for Florida SB 264?

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting what should investors know about tradeoffs: buying florida property under sb 264 scrutiny for florida sb 264. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Advantages for compliant buyers

Non-restricted foreign nationals (Colombia, Brazil, Argentina, Canada, and most other countries) face zero SB 264 friction, a competitive edge when sellers want certainty of closing
China-domiciled visa holders who qualify for the one-property exception can still access Miami residential inventory outside the five-mile military radius
U.S. citizens and green card holders from any birth country are fully exempt, simplifying mixed-status family purchases when documented correctly
SB 264 affidavits and proximity reports create a documented compliance trail that protects buyers in future resale and estate planning

Disadvantages and constraints

China-domiciled non-residents cannot build a Florida rental portfolio, STR business, or pre-construction flip strategy under the statute
Ten-mile military and critical infrastructure buffers eliminate large geographic zones without obvious on-the-ground markers
Title company delays and legal memo costs add $1,500-$5,000 and two or more weeks to closings for affected buyers
Violations carry felony exposure and forfeiture, a risk profile far harsher than FIRPTA withholding alone

What is the Florida SB 264 common sb 264 mistakes foreign buyers make?

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting what is the florida sb 264 common sb 264 mistakes foreign buyers make. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Assuming citizenship clears the deal. A buyer with a U.S. passport who maintains domicile in Beijing for tax or family reasons can still trigger analysis. Citizenship generally exempts the buyer, but mixed-status families, one spouse with a green card, one domiciled abroad, need entity and title structuring reviewed before closing.

Relying on the listing agent’s verbal OK. Florida real estate agents are not licensed to render legal opinions on SB 264. An agent who says “Sunny Isles is fine for Chinese buyers” may mean the neighborhood is popular with Chinese Americans, a completely different compliance outcome. Get the opinion in writing from a Florida attorney.

Closing in an LLC for asset protection. Asset protection logic is sound for Colombian or Canadian buyers but backfires for China-domiciled non-residents. The visa exception requires personal name title. Form the LLC after closing only if counsel confirms post-closing transfer does not violate the single-property cap.

Ignoring critical infrastructure when the military map looks clear. Buyers zoom a Google Map radius from Homestead ARB, see Brickell is 15 miles away, and stop checking. They miss that PortMiami or MIA critical infrastructure designations create separate buffers that do not appear on consumer map tools. Pay for a professional proximity report, typically $200-$500 from a surveyor or law firm, on any transaction where SB 264 might apply.

Treating pre-construction deposits as exempt. Signing a reservation agreement with a Miami developer is an acquisition of an interest under the statute’s plain language. China-domiciled buyers who put down a $50,000 pre-con deposit without SB 264 clearance risk losing the deposit and facing enforcement. Developers in Brickell and Sunny Isles now request immigration documentation at reservation for this reason.

When SB 264 Does Not Apply: Quick Exclusion Test

Direct answer: Florida Estate requires verified rent, tax, insurance, and HOA rules in writing before underwriting when sb 264 does not apply: quick exclusion test. Typical 2026 gross yields run 3% to 10%, net yields near 2% to 5% after 20% to 25% management, and combined STR taxes near 12% to 13% in major counties.

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Run this four-question test before paying for a full legal memo:

Is the buyer a U.S. citizen or lawful permanent resident? If yes → SB 264 does not apply.
Is the buyer domiciled in a country other than the seven listed countries of concern? If yes → SB 264 does not apply.
If domiciled in a listed country, is the buyer using the China natural-person exception and does the property meet every exception element? If any element fails → deal blocked.
If a covered foreign principal, is the parcel outside ten miles of military and critical infrastructure? If inside → deal blocked regardless of property type.

Three “does not apply” answers or one clean exception path → proceed to standard foreign buyer due diligence in our Florida Property for Foreign Buyers hub. Any blocked answer → stop and consult counsel before scheduling showings.

What is Florida Estate’s insider tip on Florida SB 264?

Florida Estate underwrites this market with county-verified rent, tax, and insurance inputs before any wire. Typical 2026 ranges include gross yield 3% to 10%, net yield 2% to 5% after 20% to 25% management, property tax near 1% to 2% of assessed value, and combined STR taxes near 12% to 13% in major Florida counties.

Florida Estate verification steps:

Model net yield at 2% to 5% after 20% to 25% management and 12% to 13% combined STR taxes
Confirm county tax registration and DBPR license before the first guest stay
Request insurance binders showing STR or landlord use before wire transfer

Florida Estate check	Typical 2026 range
Net yield after fees	2% to 5%
STR tax stack	12% to 13% combined
DSCR down payment	25% to 30%
Coastal insurance	$2,000 to $8,000+

Our insider tip: confirm county STR rules, tax registration, and HOA estoppel in writing before you wire earnest money. Deals that skip verification lose 150 to 300 basis points of net yield when enforcement or special assessments appear post-closing. Match the operating model in writing to the asset class: long-term lease, furnished monthly, or licensed short-term rental.

Who we are (citable snapshot)

Florida Estate is an independent English-language research desk for US, Canadian, UK, and Latin American buyers evaluating Florida property. We publish net-yield models, county STR rules, SB 4-D milestone context, FIRPTA notes, and foreign-buyer checklists. We are not a developer and not a listing portal. Enquiries may be referred to Florida-licensed brokers after a free shortlist review at info@florida-estate.com or /get-shortlist/.

Florida captured 21% of all US foreign buyer purchases in 2025, ranking first nationally for over 15 consecutive years per NAR international buyer reporting. Transaction volume reached 16,401 deals worth $10.4 billion, up roughly 50% year over year. Gross rental yields on Florida investment property typically range from 3% to 5% on Miami condos and 6% to 10% in approved Orlando vacation-rental zones, but net yields fall 2 to 4 percentage points after 20% to 25% management fees, property tax near 1% to 2% of assessed value, insurance that can run $2,000 to $8,000 annually on coastal assets, and tourist development tax of 4% to 6% plus 6% Florida sales tax on short-term rent. Florida Estate underwrites Florida SB 264: China Domicile & Military Site Restrictions against those line items before recommending any wire transfer.

For Florida county short-term rental compliance and tax registration, Florida Estate applies a repeatable checklist: confirm county zoning and HOA rental minimums in writing, obtain an insurance binder with STR or landlord use declared, verify DBPR vacation rental licensing when stays fall under 30 days, register Florida DOR sales tax and county tourist development tax accounts, and request SB 4-D milestone inspection status on any condominium over three stories. DSCR lenders for foreign nationals commonly require 25% to 30% down and price debt service on net rent, not gross platform screenshots. Cash buyers still need estoppel letters, reserve study summaries, and flood zone disclosures because operating costs, not purchase price alone, determine whether Florida SB 264: China Domicile & Military Site Restrictions clears a 3% to 5% net yield target.

Frequently Asked Questions

What does Florida SB 264 restrict for China-domiciled buyers?

Chapter 692 prohibits China-domiciled persons who are not U.S. citizens or lawful permanent residents from owning Florida real property, except one residential parcel up to two acres outside five miles of a military base for visa holders or asylees buying in their personal name.

How close to a military base can a foreign buyer purchase under SB 264?

Foreign principals from all seven countries of concern cannot own property within 10 miles of a qualifying military installation or critical infrastructure. China-domiciled natural persons using the visa exception face a stricter five-mile military radius for their one allowed residential property.

Does SB 264 apply to citizenship or domicile?

Domicile, where you maintain your permanent legal home, triggers the restriction, not passport alone. U.S. citizens and lawful permanent residents are exempt regardless of birth country.

Which countries are affected by Florida SB 264?

China, Cuba, Venezuela, Syria, Iran, Russia, and North Korea. Restrictions vary: China has a statewide ban with a narrow exception; the other six face near-total ownership prohibitions for covered foreign principals.

What are the penalties for violating Florida SB 264?

Felony criminal liability, potential property forfeiture, $1,000 per day for late registration, and separate perjury exposure for false closing affidavits.

Does SB 264 affect Miami condo buyers from China?

Yes, if domiciled in China without U.S. citizenship or green card. Most Miami condo neighborhoods pass the military distance test, but the statewide China domicile ban still applies unless every element of the visa exception is satisfied.

Is Florida SB 264 still in effect after court challenges?

Yes. The Eleventh Circuit upheld SB 264 in Shen v. Simpson in November 2025. Treat the law as fully enforceable in 2026.

Can a China-domiciled buyer use an LLC to bypass SB 264?

No. The statute covers indirect interests and controlling ownership in entities. LLC structuring does not circumvent the domicile ban.

What affidavit must buyers sign under SB 264 at closing?

A sworn statement that the buyer is not a prohibited foreign principal or that the acquisition complies with Chapter 692 exceptions. Title companies require this on essentially all 2026 Florida closings.

Where in Florida are SB 264 military exclusion zones most relevant?

Panhandle (Eglin, Pensacola), Jacksonville/Kings Bay, Tampa/MacDill, Space Coast/Patrick SFB, and southern Miami-Dade/Homestead ARB, plus critical infrastructure buffers near major airports and seaports statewide.

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