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Information is based on Senate Bill 264 as of May 2023. Laws and regulations may change rapidly, always seek legal advice.

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Published: May 24, 2023

Updated: Dec 8, 2023

Senate Bill 264: Impact on Florida Real Estate Transactions

Published: May 24, 2023

Updated: Dec 8, 2023

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Information is based on Senate Bill 264 as of May 2023. Laws and regulations may change rapidly, always seek legal advice.

On July 1, 2023, Governor Ron DeSantis signed Senate Bill 264, known as the Interests of Foreign Countries Act, transforming the regulatory landscape of real estate transactions in Florida.

This unprecedented legislation limits and regulates foreign principals and entities' sale, purchase, and ownership of certain properties. As the Florida Real Estate Commission (FREC), the Department of Agriculture and Consumer Services (DACS), and the Department of Economic Opportunity (DEO) work towards implementing the law's specifics, uncertainties abound.

As such, the involvement of real estate attorneys has become increasingly critical in navigating the complexities and uncertainties surrounding the law and ensuring that buyers and sellers comply with the new regulations.

A Closer Look at Senate Bill 264

The law contains three primary sections — Section 5, Section 6, and Section 7 — each imposing specific rules and restrictions on property transactions involving agricultural land, real property near military installations and critical infrastructure, and property transactions involving the People's Republic of China (PRC).

Section 5: Purchase of Agricultural Land by Foreign Principals

Section 5 prohibits foreign principals from purchasing agricultural land in Florida, requiring buyers to provide an affidavit affirming their status at the time of purchase. The complexity of these new requirements underscores the crucial role of real estate attorneys in ensuring lawful transactions.

Section 6: Purchase of Real Property On or Around Military Installations and Critical Infrastructure

This section restricts foreign principals from buying real property within a 10-mile radius of military installations or critical infrastructure facilities. Here too, the new law necessitates the involvement of real estate attorneys to help parties navigate the complex legal processes and avoid potential criminal charges and property forfeiture.

Section 7: Purchase and Acquisition of Real Property by the People’s Republic of China (PRC)

Section 7 imposes a similar level of complexity, prohibiting persons or entities associated with the PRC from owning or acquiring real estate in Florida. The role of a real estate attorney is crucial in this context, where the consequences of non-compliance may range from misdemeanors to felonies.

The Increasing Importance of Real Estate Attorneys

The introduction of Senate Bill 264 has increased the complexity and risks associated with real estate transactions, particularly for foreign entities or individuals. As such, engaging a real estate attorney is becoming more crucial than ever before. Here are a few reasons why:

Navigating Regulatory Complexity

The intricacies of Senate Bill 264 necessitate expert legal guidance to ensure that all transactions align with the new regulations. A knowledgeable real estate attorney can provide the necessary insights and legal advice to avoid pitfalls.

Uncertainty Resolution

There is much uncertainty, with several aspects of the law still pending full implementation. Attorneys can help interpret the law and provide updates as clarifications are issued.

Preventing Legal Consequences

The new law stipulates penalties, including misdemeanors, felonies, and property forfeiture, for non-compliance. Engaging a real estate attorney can significantly reduce these risks, ensuring all legal requirements are met.

Safeguarding Rights and Interests

Finally, in this changing landscape, a real estate attorney can ensure that your rights and interests are adequately protected throughout the transaction process.

In conclusion, the passage of Senate Bill 264 has underscored the importance of engaging a real estate attorney more than ever before. As the legal landscape becomes more complex and uncertainties surround the law's application, attorneys will play a vital role in guiding real estate transactions to comply with the new regulations while safeguarding the rights and interests of the parties involved.

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Our Practice Areas

A real estate attorney specializes in property law, helping clients navigate the complexities of buying, selling, and managing real estate, ensuring that transactions comply with state laws and regulations, and providing protection and peace of mind.

Responsibilities of an attorney include drafting and reviewing contracts, negotiating terms, and resolving complex issues such as zoning, leasing, property development, and disputes involving boundaries or titles. Real estate attorneys are also skilled in handling litigation related to construction defects and other property disputes, helping to resolve these matters effectively and prevent potential legal challenges.

By conducting due diligence and offering strategic legal advice, attorneys play an important role in safeguarding clients’ interests. Whether for individual homeowners or commercial property investors, real estate attorneys mitigate risks, represent clients in court, and assist them with making informed decisions that are legally sound.

Learn More About Real Estate Law Schedule a Consultation

Attorneys who practice business law provide legal advice for starting, managing, and expanding businesses, ensuring compliance with applicable laws. Their expertise covers various duties, including drafting and reviewing contracts, advising on corporate governance, facilitating business transactions such as mergers and acquisitions, forming partnerships, LLCs, and other business entities like DBAs, drafting and reviewing LLC Operating Agreements, and assisting with strategic planning.

Business attorneys also help wtih legal matters such as intellectual property rights, disputes, franchising, and regulatory compliance, represent clients in civil litigation to resolve issues like contract breaches and other civil matters, offer advice on administrative and compliance requirements, assist clients who are buying or selling businesses, and even help plan for succession and asset protection.

Attorneys help mitigate risks, safeguard company interests, assist clients in making legally sound, informed decisions, help manage growth, and provide guidance to navigate and resolve legal challenges effectively. Their strategic insights are invaluable in ensuring business operations align with legal standards and long-term objectives.

Learn More About Business Law Schedule a Consultation

Probate attorneys actively manage the estate administration process following an individual's death, ensuring the distribution of assets aligns with the will or state law, and handle Formal Probate Administration for complex cases, Summary Administration for smaller estates, and Ancillary Administration for assets in other states.

Responsibilities of probate attorneys include filing petitions, appointing personal representatives to manage estate affairs, notifying interested parties to ensure transparency and prevent disputes, helping conduct an inventory and appraisal of the estate's assets, overseeing the payment of debts and expenses, handling probate litigation to resolve any disputes that arise.

They also assist in distributing the assets and formally closing the estate, ensuring all legal and financial responsibilities are met, simplifying the complex probate process, honoring the decedent's wishes, and providing clarity and support to the beneficiaries.

Learn More About Probate Schedule a Consultation

Will and trust attorneys help draft legal documents to ensure their clients' wishes for asset distribution are executed correctly. They draft personalized and legally compliant wills to designate beneficiaries, appoint executors, and establish trusts for asset management and distribution. It is important to note that wills and trusts are an integral part of the estate planning process.

Responsibilities of wills and trust attorneys include providing legal advice and guidance related to asset protection, minimizing tax obligations, facilitating efficient wealth transfer to designated heirs, offering advice on appointing guardians for minor children, and drafting healthcare directives for unforeseen circumstances.

By providing tailored legal advice and crafting personalized documents, attorneys help clients safeguard their legacies, protect loved ones, and ensure that all documents are both legally compliant and enforceable.

Learn More About Wills & Trusts Schedule a Consultation

Estate planning attorneys provide advice and legal guidance for managing and distributing assets in the event of death or incapacity and assist individuals of various financial backgrounds in preparing essential legal documents such as wills, trusts, and Lady Bird Deeds, and may offer advanced techniques like offshore trusts and family-limited partnerships.

Experienced attorneys offer personalized legal advice, tailoring strategies to meet individual client needs, and assist clients in navigating complex laws and regulations affecting asset management, taxation, and inheritance.

End-of-life planning safeguards wealth and secures a lasting legacy for heirs and charitable causes. Whether estates are modest or substantial, these plans provide invaluable peace of mind and financial security for future generations.

Learn More About Estate Planning Schedule a Consultation

Civil litigation attorneys manage disputes and represent their clients effectively with various legal matters and issues. They provide clear legal advice and handle all aspects of a case, from preparing documents to gathering evidence and preparing for trial. They also offer guidance and experience to help clients navigate the legal system efficiently, ensuring that cases are managed effectively and lead to timely outcomes.

Civil litigators are also skilled negotiators, often resolving disputes outside of court to save time and maintain relationships, which is particularly vital in business and probate matters.

When trials are necessary, they present and argue cases effectively to minimize losses and secure favorable outcomes. They offer continuous support and guidance throughout the litigation process, simplifying complex legal issues for their clients in both personal and business contexts.

Learn More About Civil Litigation Schedule a Consultation

Real Estate

A real estate attorney specializes in property law, helping clients navigate the complexities of buying, selling, and managing real estate, ensuring that transactions comply with state laws and regulations, and providing protection and peace of mind.

Responsibilities of an attorney include drafting and reviewing contracts, negotiating terms, and resolving complex issues such as zoning, leasing, property development, and disputes involving boundaries or titles. Real estate attorneys are also skilled in handling litigation related to construction defects and other property disputes, helping to resolve these matters effectively and prevent potential legal challenges.

By conducting due diligence and offering strategic legal advice, attorneys play an important role in safeguarding clients’ interests. Whether for individual homeowners or commercial property investors, real estate attorneys mitigate risks, represent clients in court, and assist them with making informed decisions that are legally sound.

Learn More About Real Estate Law Learn More arrow_forward calendar_today

Business

Attorneys who practice business law provide legal advice for starting, managing, and expanding businesses, ensuring compliance with applicable laws. Their expertise covers various duties, including drafting and reviewing contracts, advising on corporate governance, facilitating business transactions such as mergers and acquisitions, forming partnerships, LLCs, and other business entities like DBAs, drafting and reviewing LLC Operating Agreements, and assisting with strategic planning.

Business attorneys also help wtih legal matters such as intellectual property rights, disputes, franchising, and regulatory compliance, represent clients in civil litigation to resolve issues like contract breaches and other civil matters, offer advice on administrative and compliance requirements, assist clients who are buying or selling businesses, and even help plan for succession and asset protection.

Attorneys help mitigate risks, safeguard company interests, assist clients in making legally sound, informed decisions, help manage growth, and provide guidance to navigate and resolve legal challenges effectively. Their strategic insights are invaluable in ensuring business operations align with legal standards and long-term objectives.

Learn More About Business Law Learn More arrow_forward calendar_today

Probate

Probate attorneys actively manage the estate administration process following an individual's death, ensuring the distribution of assets aligns with the will or state law, and handle Formal Probate Administration for complex cases, Summary Administration for smaller estates, and Ancillary Administration for assets in other states.

Responsibilities of probate attorneys include filing petitions, appointing personal representatives to manage estate affairs, notifying interested parties to ensure transparency and prevent disputes, helping conduct an inventory and appraisal of the estate's assets, overseeing the payment of debts and expenses, handling probate litigation to resolve any disputes that arise.

They also assist in distributing the assets and formally closing the estate, ensuring all legal and financial responsibilities are met, simplifying the complex probate process, honoring the decedent's wishes, and providing clarity and support to the beneficiaries.

Learn More About Probate Learn More arrow_forward calendar_today

Wills & Trusts

Will and trust attorneys help draft legal documents to ensure their clients' wishes for asset distribution are executed correctly. They draft personalized and legally compliant wills to designate beneficiaries, appoint executors, and establish trusts for asset management and distribution. It is important to note that wills and trusts are an integral part of the estate planning process.

Responsibilities of wills and trust attorneys include providing legal advice and guidance related to asset protection, minimizing tax obligations, facilitating efficient wealth transfer to designated heirs, offering advice on appointing guardians for minor children, and drafting healthcare directives for unforeseen circumstances.

By providing tailored legal advice and crafting personalized documents, attorneys help clients safeguard their legacies, protect loved ones, and ensure that all documents are both legally compliant and enforceable.

Learn More About Wills & Trusts Learn More arrow_forward calendar_today

Estate Planning

Estate planning attorneys provide advice and legal guidance for managing and distributing assets in the event of death or incapacity and assist individuals of various financial backgrounds in preparing essential legal documents such as wills, trusts, and Lady Bird Deeds, and may offer advanced techniques like offshore trusts and family-limited partnerships.

Experienced attorneys offer personalized legal advice, tailoring strategies to meet individual client needs, and assist clients in navigating complex laws and regulations affecting asset management, taxation, and inheritance.

End-of-life planning safeguards wealth and secures a lasting legacy for heirs and charitable causes. Whether estates are modest or substantial, these plans provide invaluable peace of mind and financial security for future generations.

Learn More About Estate Planning Learn More arrow_forward calendar_today

Civil Litigation

Civil litigation attorneys manage disputes and represent their clients effectively with various legal matters and issues. They provide clear legal advice and handle all aspects of a case, from preparing documents to gathering evidence and preparing for trial. They also offer guidance and experience to help clients navigate the legal system efficiently, ensuring that cases are managed effectively and lead to timely outcomes.

Civil litigators are also skilled negotiators, often resolving disputes outside of court to save time and maintain relationships, which is particularly vital in business and probate matters.

When trials are necessary, they present and argue cases effectively to minimize losses and secure favorable outcomes. They offer continuous support and guidance throughout the litigation process, simplifying complex legal issues for their clients in both personal and business contexts.

Learn More About Civil Litigation Learn More arrow_forward calendar_today

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