Who is restricted from buying property in Florida?
Since 2023, Florida has limited real estate purchases by people and companies connected to a "foreign country of concern." The statute names exactly seven: China, Russia, Iran, North Korea, Cuba, the Maduro regime in Venezuela, and Syria. If your ties are to any other country, that law does not restrict you. The list is in Florida Statutes section 692.201.
A point I make with every overseas client: none of the official sources I reviewed name a US visa as a requirement to own property, yet no agency states outright that "foreigners can buy without a visa" either. The accurate summary is that the purchase laws I checked do not list a visa among the requirements. Owning a home also does not create a visa path, which I cover in does buying US property give you a visa?.
Sources: Florida Statutes 692.201 (2026 text)
How does remote online notarization (RON) work for a closing?
Florida authorized remote online notarization in chapter 2019-71. A Florida online notary who is physically in the state can notarize for a signer located anywhere, and the act is treated as performed in Florida under Florida law. You sign on a computer during a live video session.
The statute adds conditions that trip up buyers abroad:
- A signer outside Florida must confirm to the notary that they want the act performed by a Florida notary (FS 117.265(3)).
- Identity is checked with a government credential, credential analysis and an identity proofing step such as knowledge-based questions. If proofing fails, the notary may not proceed (FS 117.265(4)).
- The full audio-video session is recorded (FS 117.265(2)).
- A deed conveying real property must be signed in front of two witnesses (FS 689.01).
- A remote witness must state that they reside in and are physically located in the United States (FS 117.285(4)). Witnesses sitting next to you in another country may not qualify.
Two things I could not confirm in an official source: whether knowledge-based questions work for someone with no US credit file, and who supplies the witnesses during the session. Sort both out with the title company well before signing day.
Sources: Florida Statutes 117.209 (scope of online notarization) · Florida Statutes 117.265 (online notarization procedure) · Florida Statutes 117.285 (remote witnesses) · Florida Statutes 689.01 (two witnesses on a deed)
When does a power of attorney make more sense?
A power of attorney is the fallback when RON will not work, for example if remote identity proofing fails. Under Florida law it must be signed by the principal and two subscribing witnesses and acknowledged before a notary. The agent must be a person 18 or older, or a financial institution with trust powers in Florida (FS 709.2105).
A power of attorney signed outside Florida is valid if it met the law of the place where it was signed, but a third party may ask for an attorney opinion, at the principal's expense, and refuse the document without one (FS 709.2106(3)). The statute speaks of "another state," and I found no official confirmation of how it treats a document executed in a foreign country. Have a Florida attorney or the title company draft the form before you sign it abroad.
Sources: Florida Statutes 709.2105 (power of attorney execution) · Florida Statutes 709.2106 (powers of attorney executed elsewhere)
Do I need an ITIN and a US bank account?
An ITIN is the nine-digit IRS number for people who have a federal tax purpose but are not eligible for a Social Security number. It does not change immigration status or authorize work. The law does not require an ITIN to buy, but reporting rental income requires a tax number, so anyone planning to rent the home will need one.
You apply with Form W-7, usually attached to the front of a federal tax return. A passport is the only document that works on its own, as an original or a copy certified by the issuing agency. The IRS says to allow 7 weeks, or 9 to 11 weeks during filing season (January 15 to April 30) or when applying from abroad.
On rent: the default for a nonresident is 30% withholding on gross income, or a lower treaty rate where a treaty applies. Under the section 871(d) election, the owner can be taxed on net income at graduated rates by filing Form 1040-NR. Whether your country has an income tax treaty with the US is on the IRS treaty list linked below; Brazil, for example, does not. More in US property taxes for foreign owners.
For banking, the federal minimum lets a bank identify a non-US customer by a tax number, a passport number with country of issuance, or another government photo ID. Each bank sets its own policy, and there is no official timeline. Talk to a US tax professional before deciding how to report rental income.
Sources: IRS, Individual Taxpayer Identification Number · IRS, Instructions for Form W-7 (rev. 12/2024) · IRS, Nonresident aliens: real property located in the U.S. · IRS, United States income tax treaties A to Z · 31 CFR 1020.220 (customer identification)
What does a long-distance purchase of a new-construction home look like?
With a new home, the seller is the builder and there is a construction period between contract and closing. This is the sequence I follow with clients who buy from overseas:
- Decide whose name goes on title (you personally or an entity) with a tax advisor and an attorney before signing anything.
- Pick the floor plan and lot, then review the builder contract, including the required escrow, HOA and, where applicable, CDD disclosures.
- Sign and wire the deposit, confirming wiring details by phone with the title company.
- Follow construction through photos and walkthroughs by your agent or a hired inspector.
- Choose RON or a power of attorney for closing and test remote identity proofing early.
- Close, receive the keys through your agent or property manager, and apply for an ITIN if the home will be rented.
Deposit and escrow rules for pre-construction homes, which differ from condos, are in buying a pre-construction home in Florida. This page is general information; hire a Florida attorney for your purchase and read the official text of FS 689.01.
Aquamara
Where Aquamara fits
Aquamara is the vacation-home resort Pulte is developing in Davenport, so it is exactly the new-construction case described above. Pricing, floor plans, the purchase contract and the build schedule have not been released yet, so I cannot say how Pulte will handle deposits or which steps it will allow to be signed remotely.
I'm Daniel Dourado, with 15 years in real estate, Florida license no. 3501330, at Premier Sotheby's International Realty, and I work in English, Portuguese and Spanish. Many of my clients never fly in until closing; I explain how in secure remote purchases in Orlando and list the paperwork in essential documents for a Florida purchase.
What is public about the project so far is on my Pulte pre-launch in Davenport page. To get pricing and plans when they come out, join the Aquamara VIP list.
Frequently asked questions
Do I have to be in Florida on closing day?
Not necessarily. Florida allows online notarization with the signer outside the state, and a power of attorney is the alternative. The detail to watch is the two deed witnesses, who must be in the US if they attend remotely.
Is an ITIN a form of US residency or visa?
No. The IRS issues the ITIN for federal tax purposes only, and it does not change immigration status or give permission to work.
Will a power of attorney signed in my home country be accepted?
Florida accepts a power of attorney executed elsewhere if it met local law, but the party relying on it may demand an attorney opinion first. Have the form prepared by a Florida attorney to avoid a refusal at closing.
How long does an ITIN take if I apply from overseas?
The IRS says 9 to 11 weeks for applications from abroad. Inside the US and outside filing season, it publishes 7 weeks.
Published . Updated . For information only; not legal, accounting or tax advice.

