USA - FLORIDA Law and Practice Contributed by: Jeffrey R Margolis, Marc S Shuster, James L Berger and Evan Rosenberg, Berger Singerman LLP
2.8 Permitted Uses of Real Estate Under Zoning or Planning Law Typically, the zoning applicable to any parcel of property is available on the applicable county property appraiser’s website or applicable zon - ing map. In addition, a buyer may request a zon - ing confirmation letter from the relevant munici - pality (for a parcel in the incorporated area) or county (for a parcel in the unincorporated area), in order to ascertain the permitted uses of a par - cel. 2.9 Condemnation, Expropriation or Compulsory Purchase In Florida, most governmental agencies and some private entities may take or condemn private property through eminent domain. The Florida Constitution provides that “[n]o private property shall be taken except for a public pur - pose and with full compensation therefor paid to each owner.” 2.10 Taxes Applicable to a Transaction Florida Documentary Stamp Taxes – Deed Florida documentary stamp taxes are due and payable upon the recordation of a deed con - veying real property in Florida. Florida Statutes Section 201.02 provides that the tax on deeds or other instruments conveying interests in real property is calculated based upon the purchase price of the property and is generally USD0.70 for each USD100 (ie, 0.70%) of consideration. In certain counties in Florida (such as Miami-Dade County), a surtax is payable in addition to the documentary stamp taxes, with respect to the recordation of a deed transferring an interest in real property. Transfer of Ownership in the Entity That Owns the Real Property In a conveyance of real property transaction, the grantor of the real property may avoid pay -
ing documentary stamp tax if the transaction is structured as the transfer of the equity owner - ship interests of the grantor to the grantee in lieu of obtaining the transfer of the real property by the delivery of a deed. Exemptions From Documentary Stamp Tax Liability for Deeds Florida Administrative Code Rule 12B-4.013 (Conveyances Subject to Tax) and Rule 12B- 4.014 (Conveyances Not Subject to Tax) list which conveyances are taxable and not taxable under Florida law for Florida documentary stamp tax purposes. 2.11 Legal Restrictions on Foreign Investors State Level In 2023 the Florida legislature passed legislation which prohibits the purchase of certain types of Florida real estate by “foreign principals” from “foreign countries of concern”. Foreign coun - tries of concern include the People’s Republic of China, The Russian Federation, The Islamic Republic of Iran, The Republic of Cuba, The Ven - ezuelan regime of Nicolas Maduro, the Syrian Arab Republic, and any agency of or any other entity of significant control of such foreign coun - try of concern. Violations of the law can result in criminal penalties. It is also a crime for a person to “knowingly sell” property in violation of the law. A “foreign principal” is a person domiciled in a foreign country of concern and not a US citizen or lawful permanent resident of the US, a company having its principal place of business organised under the laws of a foreign country of concern or having its principal place of busi - ness in a foreign country of concern, and the government or any official of the government of a foreign country of concern. The law applies to agricultural land, land within ten miles of a mili - tary installation, and land within ten miles of criti -
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