Law restricting foreigners’ buying power should have little impact on South Florida real estate market
A strongly criticized new Florida law restricts the real estate buying power of foreigners from seven countries, a startling move for Miami’s global property market.
The legislation Gov. Ron DeSantis signed into law Monday prohibits most citizens of China, Cuba, Iran, North Korea, Russia, Syria and Venezuela from buying real estate close to a military compound or critical infrastructure, including airports, ports and wastewater treatment and electrical power plants. It makes exceptions for foreign nationals from those nations living in Florida with nontourist visas or those who have secured asylum in the state.
The state Senate approved the DeSantisprompted bill SB 264, after modifying it due to opposition that included Chinese Americans who called the measure discriminatory.
The final watered-down legislation that landed on the governor’s desk, didn’t include a broad ban on Chinese Americans owning any property statewide, narrowed the distance restriction from military and other critical sites and left alone the lucrative federal EB-5 foreign immigrant investor program.
Through the program, foreigners get priority for U.S. visas and green cards in exchange for investments in new real estate developments. Since 2008, this program has contributed an estimated hundreds of millions of dollars to Florida projects, according to nonprofit Invest in the USA, a group that promotes the effort.
Much of South Florida’s housing market is expected to remain resilient since the legislation was modified, according to a real estate lawyer, consultant and broker interviewed for this story. Foreign nationals from the so-called countries of concern renting homes in the region and statewide aren’t affected by the law.
“This legislation in Florida will have minimal effect on the interior [of the state].
Up and down the coast [of Florida] it will have a significant impact,” said attorney Dennis Eisinger, managing partner at Eisinger Law in Hollywood.
WHAT DOES THE LAW MEAN FOR BUYERS?
Foreigners from the designated seven countries can only purchase a single piece of Florida land or a residence up to two acres, as long as it’s beyond a 10-mile radius of critical infrastructure or military sites. (The original bill said the distance requirement was 25 miles.) They then have to register the property with the state Department of Agriculture and Consumer Services and the state Department of Economic Opportunity.
People from those nations who already own Florida properties can keep them, regardless of location, but have to register them with the state starting in January 2024. Those who fail to register face a fine of
$1,000 a day.
Property owners from the stipulated nations who inherit a condominium, townhouse, house or land, within 10 miles of critical infrastructure, military buildings and agricultural land, will have three years to sell.
WHEN DOES THE LAW GO INTO EFFECT?
Foreign buyers will be restricted as of July 1 under the provisions of the law from purchasing properties near critical infrastructures or military compounds. If any owner or real estate agent sells land or a residence near one of these sites to foreign nationals covered by the measure, they face fines if convicted from $500 to $15,000.
This Florida law is a firstof-its-kind that now other states are considering.
However, Eisinger predicted lawsuits in this state challenging it.
Litigation could take