Can foreign citizens or foreign companies buy and own property in Florida, and are there restrictions?

Plain-English summary

The Deputy Consul-General of Japan in Miami asked the Attorney General's office whether Florida law restricts foreign persons or corporations from acquiring and using real and personal property in the state. The office explained that it could not prepare a detailed response to each question (its opinion authority is limited by statute), but it offered general observations.

The starting point is Article I, section 2 of the Florida Constitution, which allows the ownership, inheritance, disposition, and possession of real property by "aliens ineligible for citizenship" to be regulated or prohibited by law, but Florida statutory law does not impose such a bar. To the contrary, section 732.1101 provides that "[a]liens shall have the same rights of inheritance as citizens," drawing no distinction between real and personal property. A foreign corporation that owns Florida real property must maintain a registered office and registered agent in the state and file notice with the Department of State. The office also flagged that Florida imposes an estate tax on property situated in the state belonging to a person who was not a U.S. resident at death. As for the many land-use restrictions that might apply, the office said those apply regardless of whether the owner is a citizen or an alien, and were beyond what it could opine on; it referred the consulate to the searchable Florida Statutes online.

Currency note

This opinion was issued in 2011. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Background and statutory framework

This is an informal letter, and the office was careful to note the limits on its role. Section 16.01, Florida Statutes, limits the Attorney General's authority to render legal opinions to public officials on questions relating to their own official duties under state law, so the office offered general observations rather than a binding opinion to a foreign consular officer.

On the substance, Article I, section 2 of the Florida Constitution permits, but does not itself impose, restrictions on property held by aliens ineligible for citizenship. Section 732.1101 affirmatively grants aliens the same inheritance rights as citizens. Section 607.0505(1)(a) requires a foreign corporation owning Florida real property to maintain a registered office and agent and to file notice with the Department of State (cross-referencing the registration provisions in sections 607.0501 and 607.0502). Section 198.04 imposes an estate tax on real property situated in Florida, tangible personal property with a Florida situs, and intangible personal property physically present in the state, where the decedent was a nonresident of the United States. The office did not address specific land-use rules, noting they apply to citizens and aliens alike.

Common questions

Q: Can a person who is not a U.S. citizen own a home in Florida?
A: The office's observations indicate Florida law does not bar foreign ownership of property and gives aliens the same inheritance rights as citizens. The constitution allows the Legislature to regulate alien property ownership, but the statutes cited did not impose a prohibition.

Q: Does a foreign company that buys Florida real estate have any obligations?
A: Yes. Under section 607.0505(1)(a), a foreign corporation owning Florida real property must continuously maintain a registered office and registered agent in the state and file notice with the Department of State.

Q: Is there a tax when a foreign owner dies holding Florida property?
A: The letter pointed to section 198.04, which imposes an estate tax on Florida-situated real property, tangible personal property with a Florida situs, and intangible property physically present in the state, where the decedent was not a U.S. resident.

Q: Did the Attorney General give a full legal opinion here?
A: No. The office said it could not prepare a detailed response and offered only general observations, because its opinion authority under section 16.01 is limited to state officials' questions about their own duties.

Citations and references

Constitution and statutes:

• Art. I, s. 2, Fla. Const. (legislature may regulate alien property ownership)
• s. 732.1101, Fla. Stat. (aliens have same inheritance rights as citizens)
• s. 607.0505(1)(a), Fla. Stat. (foreign corporation registered office and agent)
• s. 198.04, Fla. Stat. (estate tax on nonresident-owned Florida property)
• s. 16.01, Fla. Stat. (limits on the Attorney General's opinion authority)

Source

• Landing page: https://www.myfloridalegal.com/ag-opinions/aliens-acquiring-property-in-florida
• Original PDF: https://www.myfloridalegal.com/print/pdf/node/8174

Original opinion text

The Honorable Yasushi Sato

Deputy Consul-General

Consulate General of Japan

80 Southwest 8th Street, Suite 3200

Miami, Florida 33130

Dear Deputy Consul-General Sato:

Thank you for considering the Attorney General’s Office as a source for assistance in determining whether there are legal restrictions upon alien persons or corporations acquiring and using real and personal property in Florida. Regrettably, this office is unable to prepare a detailed response to each of your questions. In order to be of assistance, however, the following general observations are made.

Article I, section 2 of the Florida Constitution provides that "the ownership, inheritance, disposition and possession of real property by aliens ineligible for citizenship may be regulated or prohibited by law." Florida statutory law, which makes no distinction between real and personal property, provides that "[a]liens shall have the same rights of inheritance as citizens."[1] If a foreign corporation owns real property in this state, it "shall have and continuously maintain in this state a registered office and a registered agent and shall file with the Department of State notice of the registered office and registered agent as provided in ss. 607.0501 and 607.0502."[2]

I would also note that Florida Law imposes an estate tax upon the transfer of real property situated in this state and tangible personal property having an actual situs in this state and upon intangible personal property physically present within this state of every person who at the time of death was not a resident of the United States.[3]

The remainder of your questions involve a vast array of land use restrictions that may apply, regardless of the ownership of real property by a citizen or alien. It is beyond the statutory authority of this office to render legal opinions on such matters in this instance.[4] You may access a searchable database for the Florida Statutes on the Internet at the Florida Legislature’s website: www.leg.state.fl.us.

I trust that these informal comments and referral will be helpful to you. Please feel free to contact this office should you have further questions.

Sincerely,

Lagran Saunders

Assistant Attorney General

ALS/tsh

[1] Section 732.1101, Fla. Stat.

[2] Section 607.0505(1)(a), Fla. Stat.

[3] Section 198.04, Fla. Stat.

[4] Section 16.01, Fla. Stat., limits the authority of this office to render legal opinions to public officials on questions of law relating to their own official duties and powers under state law.