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2023 Senate Bill 264: Affidavit(s) for Interests of Foreign Countries

Florida Governor Ron DeSantis signed Ch. No. 2023-33 (Senate Bill 264), Interests of Foreign Countries, effective July 1, 2023. The law, in part, limits and regulates the sale, purchase and ownership of certain properties in Florida by foreign principals, persons and entities described in Part III of Chapter 692, Florida Statutes.

The Florida Real Estate Commission (FREC), Department of Agriculture and Consumer Services (DACS), and the Department of Economic Opportunity (DEO) are required to implement specific portions of the bill, so a number of details regarding the law’s application are still pending. 

The below affidavits and notice were drafted as suggestions to the Florida Real Estate Commission to be adopted by Rule pursuant to Laws of Florida Chapter 2023-33.  That process will likely not be finalized prior to the July 1, 2023 effective date of the law.

After the official form(s) is finalized by the Florida Real Estate Commission, only that form(s) should be used.

Publication of these forms is not legal advice, guidance, or an endorsement of its use, however the Florida Land Title Association is providing it as a possible form of the Buyer's affidavit required under Chapter 2023-33 for use until the Florida Real Estate Commission adopts official forms for use under this law.

Affidavits and Notice for Use:

For questions on these forms and their use please contact your title agency's title insurer.

Florida Real Estate Commission Finalizes Buyer's Affidavits for Conveyances to Foreign Entities

The Florida Real Estate Commission's buyer's affidavits for conveyances to foreign entities went into effect on January 17, 2024. SB 264 (Chapter No. 2023-33, Laws of Florida) became law on July 1, 2023. The new form affidavits are located in rule 61J2-10.200, F.A.C., and are established to help implement Sections, 692.205(5)(c), 692.203(6)(c), and 692.204(6)(c), Florida Statutes.

Contact your Title Insurance Underwriter with questions. The form and Rule may viewed here

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