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Foreign Investment Crackdowns: What Overseas Investors Need to Know About Buying Property in Florida in 2025

By June 12, 2025No Comments

Florida has long been a prime destination for international investors, offering warm weather, economic opportunity, and a strong real estate market. But in 2025, foreign nationals looking to buy property in the state are navigating a very different legal landscape.

Between new federal oversight and recent state-level restrictions, the rules have changed. Whether you’re a private investor, foreign company, or working with cross-border capital, it’s now essential to understand the risks, regulations, and safe structures before entering the Florida real estate market.

At Ayala Law, our attorneys work closely with international clients on real estate and business transactions. In this blog post, we break down what overseas investors need to know, how laws like Senate Bill 264 and CFIUS review impact you, and how to move forward strategically and legally in 2025.

Can Foreign Nationals Still Buy Property in Florida in 2025?

What the New Florida Foreign Ownership Law Says

As of July 1, 2023, Florida enacted Senate Bill 264, a law that restricts foreign ownership of real estate in the state for individuals or entities connected to certain “foreign countries of concern.” These countries currently include:

  • China
  • Russia
  • Iran
  • North Korea
  • Cuba
  • Venezuela
  • Syria

Under the law:

  • Foreign principals from these countries cannot purchase agricultural land in Florida.
  • They also cannot buy property within 10 miles of critical infrastructure, such as airports, military bases, water treatment facilities, etc.
  • Certain types of residential and commercial real estate are also restricted depending on proximity and purpose.

Violations can result in civil penalties and even criminal liability, including forced divestment of the property.

What Is CFIUS and How Does It Affect International Property Deals?

CFIUS (Committee on Foreign Investment in the United States) is a federal inter-agency body that reviews foreign investments for national security risks. In recent years, its scope has expanded to include real estate transactions that involve:

  • Property near military installations
  • Infrastructure or energy assets
  • Sensitive data or technology

Even passive real estate deals, particularly from certain foreign entities, may be subject to CFIUS review. The consequences of triggering a review (or failing to disclose a qualifying transaction) can include blocked sales, forced unwinding of deals, and regulatory penalties.

What Types of Properties Are Considered “Restricted” Under Florida Law?

Florida law focuses on two main categories when it comes to foreign ownership limits:

1. Agricultural Land

Foreign investors from countries of concern may not acquire agricultural land in Florida, no matter the size.

2. Real Estate Near “Critical Infrastructure”

Critical infrastructure includes:

  • Military installations
  • Airports
  • Seaports
  • Water treatment facilities
  • Energy stations

If a property falls within 10 miles of these facilities, it may be off-limits or heavily restricted depending on the buyer’s country of citizenship or control.

Before you make an offer, due diligence is crucial, you need legal counsel to verify zoning, location, and proximity to protected zones.

What Are the Penalties for Violating Florida’s Foreign Ownership Restrictions?

Penalties for violating Florida’s foreign ownership restrictions are serious:

  • Fines up to $1,000 per day while in violation
  • Misdemeanor or felony criminal charges
  • Forced divestment of the property
  • Contract nullification

Importantly, even title companies or sellers who knowingly facilitate prohibited transactions can face liability. That’s why having legal counsel from the start of the transaction is not optional, it’s essential.

How Can Foreign Investors Legally Buy Property in Florida in 2025?

Here are practical, legal pathways:

Work With a Florida-Based Legal Team Early

The best time to engage legal counsel is before you enter into a contract. A qualified real estate attorney can review your entity structure, the property location, and whether your investment could raise red flags.

Use Compliant Legal Entities

Depending on your country of origin, certain U.S.-based LLCs or corporations may allow you to structure your investment lawfully while minimizing regulatory risk. However, these must still be truly independent of restricted foreign control.

Avoid Restricted Zones

Properties located more than 10 miles away from protected infrastructure and that are not agricultural in use are typically safer for investment, though CFIUS may still apply.

Prepare for Enhanced Due Diligence

Expect questions from title companies, lenders, and real estate agents about your citizenship, corporate structure, and source of funds. Full transparency and documented legal compliance are key to closing successfully.

What Should International Investors Look Out For in 2025?

Common Legal Pitfalls to Avoid
  • Buying through an unauthorized LLC or nominee entity
  • Overlooking proximity restrictions
  • Failing to disclose foreign beneficial ownership
  • Relying solely on real estate agents or brokers for legal advice 

Florida’s real estate laws are now much more enforcement-driven, and the burden is on the buyer to get it right.

Don’t Let Legal Hurdles Derail Your Investment

Florida remains one of the most desirable markets for international real estate investment, but the rules have changed.

Whether you’re investing in residential, commercial, or mixed-use property, foreign buyers need strategic legal guidance to comply with both Florida and federal law.

At Ayala Law, we work with international clients on:

  • Real estate acquisitions
  • Entity structuring
  • Cross-border risk assessment
  • CFIUS-related compliance
  • Foreign investment restrictions in Florida

If you’re planning to invest in Florida real estate in 2025, contact an experienced attorney in Miami at 305-570-2208.

You can also contact attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

 

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