Resources

Client Alerts, News Articles, Blog Posts, & Multimedia

Everything you need to know about BMD and the industry.

"Alien Land Law" Restricts Foreign Ownership of Real Property in Florida

Client Alert
July 27, 2023

 Overview of the Alien Land Law

On May 8, 2023, Governor Ron DeSantis signed Florida Senate Bill 264 (the “Alien Land Law” or the “Law”), which restricts Chinese citizens, along with foreign nationals from Russia, Iran, North Korea, Cuba, Venezuela, and Syria from purchasing agricultural land or real property within a ten-mile radius of a military installation or a critical infrastructure facility. Such military installations must be at least ten contiguous acres, and such critical infrastructures include a chemical manufacturing facility, refinery, electrical power plant, water treatment facility, wastewater treatment plant, liquid natural gas terminal, telecommunications central switching office, gas processing plant, seaport, spaceport, and airport.

Additionally, Chinese individuals who do not have U.S. citizenship or lawful permanent resident status are restricted from owning any type of real property in Florida. Chinese individuals who have a current U.S. Visa are allowed to own one residential property, provided that they complete a special registration with the appropriate agency.

This Law took effect on July 1, 2023. S.B. 264 added a new Part III titled “Conveyances to Foreign Entities” to the existing Chapter 692 of the Florida Statutes which deals with “Conveyances by or to Particular Entities.” The new Part III includes five new sections (Fla. Stat. Sections 692.201-692.205).

 Exceptions to the Law

The Alien Land Law contains certain exceptions. For example:

  • Any person or entity is allowed to have a de minimis indirect interest in agricultural lands or real property within ten miles of any military installation or critical infrastructure facility. The de minimis exception only applies to publicly traded companies.
  • Any foreign principal may acquire real property by devise or descent, through the enforcement of security interest, or through the collection of debts after July 1, 2023, provided that the foreign principal sells, transfers, or otherwise divests itself of such real property within three years after acquiring the real property.
  • Any natural person with a current U.S. Visa not limited to tourist-based travel or that with official documents confirming asylum in the U.S., may acquire, in his/her own name, up to two acres of residential real property not on or within five miles of any military installation. These persons still may not acquire agricultural land, except as authorized under subsection (2). This is the only carve-out available to a Chinese foreign principal.

This Law also has a grandfather clause for properties acquired before July 1, 2023—foreign principals who owned or acquired (greater than de minimis) interest in real property before July 1, 2023 may continue to own that property, but may not acquire by purchase, grant, devise, or descent any additional real property in Florida and must register with relevant departments by a fast-approaching deadline. Agricultural land needs to be registered with the Florida Department of Agriculture and Consumer Service (“FDACS”) by January 1, 2024; and other real property needs to be registered with the Florida Department of Economic Opportunity (“FDEO”) by December 31, 2023.

 Penalties for Violation of the Law

Criminal and civil penalties could attach to violations of this Law. A person or entity who fails timely to file a registration is subject to a civil penalty of $1,000 for each day that the registration is late. The real property may also be forfeited to the state if that property or part of that property is owned or acquired in violation of this Law. In addition, a foreign principal that purchases and a person who knowingly sells real property in violation of this Law may commit a misdemeanor, but it can be a felony to violate the section prohibiting select persons from China from acquiring additional real property. Closing agents with actual knowledge that a transaction will result in a violation of this Law may also be penalized.

 Recent Developments

On May 22, 2023, a lawsuit was filed in the U.S. District Court for the Northern District of Florida seeking an injunction against implementation of the Alien Land Law, claiming that the Law violates the Equal Protection Clause, Due Process Clause and Supremacy Clause of the U.S. Constitution and the Fair Housing Act. Meanwhile, the Alien Land Law delegates the responsibility for adopting rules to implement this Law to the FDEO, FDACS and Florida Real Estate Commission (FREC), including rules establishing the form for the affidavit.

 Buyers of proscribed property must provide an affidavit attesting compliance.

If you have questions about this Law or its recent developments, please contact Attorney Emma Pinder at edpinder@bmdpl.com or Attorney Robert Lee at rqlee@bmdpl.com.

Alien Land LawFlorida
Client Alert

First-of-Its-Kind Federal Ruling Finds Use of Consumer AI Tool May Destroy Attorney-Client Privilege

February 17, 2026On February 10, 2026, Judge Jed Rakoff of the U.S. District Court for the Southern District of New York issued a first-of-its-kind ruling finding that documents generated by a criminal defendant using a consumer AI platform were not protected by attorney-client privilege after being shared with counsel. The court treated the AI tool as a third party, concluding that entering sensitive information into a publicly available platform may waive confidentiality. The ruling also suggests that the work product doctrine may not apply where AI-generated materials are created independently by a client rather than at counsel’s direction. The decision signals that parties should exercise caution when using consumer AI tools in connection with legal matters.Client Alert

Your Golden Chance for H-1B Lottery Registration - March 2026

February 16, 2026USCIS H-1B registration opens March 4–19, 2026. U.S.-based employees on valid nonimmigrant status are exempt from the $100,000 fee for change of status petitions. The new weighted lottery favors higher-skilled and higher-paid employees, improving odds for advanced degree holders and Wage Level 3 or 4 workers.Client Alert

Invisible Algorithms: The Hidden Role of Artificial Intelligence in USCIS Immigration Processing

February 10, 2026The Department of Homeland Security has confirmed that artificial intelligence and machine learning tools are now integrated into numerous operational functions within U.S. Citizenship and Immigration Services (USCIS). These tools are described as mechanisms to improve efficiency, reduce backlogs, and assist officers in managing an unprecedented volume of applications. DHS emphasizes that human adjudicators retain decision-making authority and that AI systems do not independently grant or deny immigration benefits. Find out how AI affects the U.S. immigration process.Client Alert

OAAPN | Year In Review: 2026 Ohio Board of Nursing and Ohio Law Rules

February 9, 2026Find out key changes to Ohio law and the Ohio Board of Nursing rules that have directly impacted APRN practice over the past year, including Psychiatric Inpatient Documents, Intimate Examinations, Signature Authority, Duties Related to Fetal Death, Retail IV Therapy Clinics, Release from Permanent Restrictions, Disciplinary Action, Course on Drugs and Prescriptive Authority, Overdose Reversal Drugs, Office Based Opioid Treatment, Withdrawal Management for Substance Use Disorder, Safe Haven Program, and more.Client Alert

Ohio House Bill 537: Proposed Regulations for Midwives and Birthing Centers

January 28, 2026House Bill 537, introduced in the Ohio House of Representatives, proposes a comprehensive regulatory framework for certified nurse-midwives, certified midwives, licensed midwives, and traditional midwives. The legislation would clarify scope of practice, establish licensure standards, and impose new requirements for freestanding birthing centers and home births. Healthcare providers and facilities should be aware of the proposed changes and their potential operational impact.
Older posts