Highlights

• Briefing on a motion for preliminary injunction is complete in the lawsuit filed to strike Florida Senate Bill 264, Chapter No. 2023-33, Laws of Florida (the Act), which limits (subject to various exceptions) select persons from "foreign countries of concern" from acquiring real property in Florida.
• This Holland & Knight alert shares a few insights from the briefs into how preliminarily to interpret the Act; for example, as to how to construe a person's "domicile" within the meaning of the Act.

Briefing on a motion for preliminary injunction is complete in the lawsuit filed to strike Florida Senate Bill 264, Chapter No. 2023-33, Laws of Florida (the Act), which limits select persons from "foreign countries of concern" (subject to various exceptions) from directly or indirectly owning, having a controlling interest in or acquiring by purchase, grant, devise or descent any interest in any real property in Florida. For more information about the law, see Holland & Knight's previous alert, "Florida Law Limits Persons from Foreign Countries of Concern from Acquiring Real Property," May 23, 2023.

Case Insight

The case is styled Shen v. Simpson, Case No. 4:23-cv-208-AW-MAF, before the Honorable Allen Winsor in the U.S. District Court for the Northern District of Florida. A hearing is set on the motion for preliminary injunction for July 18, 2023. For those looking for guidance now before the hearing and before rulemaking commences as required by the Act, the...

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