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Florida Law SB 264: Chinese Buyers and Florida Property
Florida SB 264 upheld by 11th Circuit November 2025: restricts persons domiciled in China, not all Chinese citizens. Non-tourist visa holders may buy 1 property more than 5 miles from military bases. Registration required near critical infrastructure. Own Luxury Homes® International Buyer Verification Standard™ Chinese buyer specialists.
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Florida Law SB 264: Chinese Buyers and Florida Property
Nov 2025
11th Circuit upheld SB 264 in 2-1 ruling on November 4, 2025
Domicile
Applies to persons domiciled in China, NOT all Chinese citizens
5 Miles
Exception: non-tourist visa holders may buy 1 property more than 5 miles from military bases
Register
Chinese citizens owning FL property near critical infrastructure must register
Florida SB 264, upheld by the 11th Circuit Court of Appeals on November 4, 2025, prohibits persons domiciled in China who are not US citizens or green card holders from purchasing real estate in Florida. Understanding exactly who it applies to and what exceptions exist is now essential for every Chinese buyer considering Florida property.
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Who SB 264 Actually Applies To
SB 264 targets a specific group: individuals domiciled in China who are not US citizens or lawful permanent residents (green card holders). Domicile is the operative word. A Chinese national living in Florida on an H-1B is NOT domiciled in China and is NOT restricted. A Chinese national living in Shanghai wanting to buy a Miami condo IS restricted.
| Buyer Profile | Restricted by SB 264? |
|---|---|
| Chinese citizen domiciled in China, no US visa | Yes |
| Chinese citizen on H-1B, L-1, O-1 (residing in US) | No |
| Chinese citizen with US green card | No |
| Chinese-American dual citizen (US citizenship) | No |
| Chinese citizen on tourist visa, domiciled in China | Yes |
| Hong Kong permanent resident (HK domicile, not PRC) | Generally No |
Consult a US real estate attorney to confirm your domicile status.
The Exception: Non-Tourist Visa Holders
SB 264 includes a narrow exception allowing restricted individuals to purchase ONE residential property if: (1) They hold a valid non-tourist US visa (H, L, O, E, TN, F, J categories qualify), (2) The property is at least 5 miles from any military installation or critical infrastructure, (3) The property is less than 2 acres in size. This is a one-property exception only. It does not apply to commercial real estate or to persons on tourist visas.
Critical Infrastructure Defined
SB 264 defines critical infrastructure broadly: military installations, power plants, water treatment facilities, seaports, airports, chemical plants, waste treatment, liquid natural gas terminals, and telecommunications infrastructure. Buyers using the exception must verify 5-mile clearance before any purchase.
Registration Requirement for Current Owners
Chinese citizens who own Florida property within 10 miles of any military installation or critical infrastructure must register with Florida's Department of Economic Opportunity. Failure to register is a first-degree misdemeanor. See: All US State Restrictions Guide.
| Registration Requirement | Detail |
|---|---|
| Who must register | Chinese citizens owning FL property within 10 miles of military/critical infrastructure |
| Where | Florida Department of Economic Opportunity |
| Penalty for non-registration | First-degree misdemeanor under Florida law |
| Seller disclosure | Required at closing for covered transactions |
Ownership Structures and Compliance
Chinese nationals domiciled in China who want Florida property may use compliant US entity structures, but placing property in an LLC owned by a restricted individual does NOT avoid SB 264. Both direct and indirect ownership are covered. See: Chinese Buyer US Ownership Structures Guide for compliant approaches and the EB-5 pathway that removes all restrictions.
Ryan Brown, Principal Broker & CEO — Own Luxury Homes®
“The Chinese buyers I work with who are already in the US on valid work visas have no issue with SB 264. The law says domicile, not ethnicity. Living in Miami on an H-1B means you are not domiciled in China. The buyers who need to plan carefully are those purchasing from China without a US visa targeting Florida. For that group, the structure conversation happens before the property search.”
Own Luxury Homes® — Chinese buyer specialists in every US market. International Buyer Verification Standard™. No dual agency. Contact us now ›
Frequently Asked Questions
Does Florida SB 264 apply to all Chinese citizens?
No. It applies to persons domiciled in China who are not US citizens or green card holders. Chinese nationals living in the US on valid work visas are generally not restricted.
What is the exception to SB 264 for Chinese buyers?
Non-tourist visa holders may purchase one residential property under 2 acres, more than 5 miles from any military installation or critical infrastructure.
Must Chinese property owners register with Florida?
Yes. Chinese citizens owning Florida property within 10 miles of military installations or critical infrastructure must register with the Florida Department of Economic Opportunity.
"The introduction Own Luxury Homes® makes is to a specialist with documented closing history in your specific market — not the county, not the metro, the submarket you're actually selling or buying in. That's the standard we verify before your name goes anywhere."
— Ryan Brown, Principal Broker & CEO, Own Luxury Homes® (FL License BK3626873)