Did Florida's AG say foreign citizens and companies can buy property without restriction?

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 office quoted 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. It then cited section 732.1101, which gives aliens the same inheritance rights as citizens. The letter did not survey ownership restrictions or conclude that no statutory limits existed. It noted that a foreign corporation owning Florida real property must maintain a registered office and agent and file notice with the Department of State. It also pointed to an estate-tax provision for property of a person who died while not a U.S. resident and said it could not address the many land-use restrictions that might apply.

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 legal restrictions on real property held by aliens ineligible for citizenship. Section 732.1101 grants aliens the same inheritance rights as citizens. Section 607.0505(1)(a) sets registered-office, registered-agent and notice requirements for a foreign corporation owning Florida real property. Section 198.04 concerns estate tax on specified Florida property of a person who died while not a U.S. resident. The letter gives no comprehensive ownership analysis and does not address specific land-use rules.

Common questions

Q: Does this letter tell a foreign buyer whether they may purchase a Florida home?
A: No. It quotes a constitutional provision permitting legal regulation or prohibition of real property ownership by aliens ineligible for citizenship and an inheritance statute. It does not decide whether a particular buyer may purchase a home.

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
• Official print view: 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

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[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.