Court Upholds Fla. Ban on Chinese Land Purchases

A federal appeals court denied a motion this week to halt enforcement of key portions of a 2023 Florida law that limits property purchases by people from China.

A three-judge panel of the 11th U.S. Circuit Court of Appeals voted 2-1 on Tuesday, ruling that the plaintiffs lacked legal standing to challenge one major aspect of the law and deciding against them on two additional claims.

Judge Robert Luck, writing for the majority, stated that the plaintiffs lacked standing to contest the law because they were not domiciled in China.

The law, SB 264, signed by Gov. Ron DeSantis in 2023, prohibits individuals "domiciled" in China who are not U.S. citizens or lawful permanent residents from purchasing property in Florida.

Under the measure, nontourist visa holders and individuals granted asylum may purchase one residential property of up to two acres if it is located at least five miles from any military installation.

Republican Attorney General James Uthmeier praised the court's decision on X, writing, "Today we won big at the U.S. Court of Appeals for the 11th Circuit, defending our law preventing ownership of Florida land by the Chinese Communist Party."

When signing the bill, DeSantis and other GOP lawmakers said the restrictions were necessary to curb the influence of the Chinese government and the Chinese Communist Party in Florida.

"Protecting Floridians and Florida's infrastructure from agents like the Chinese Communist Party and other foreign adversaries is important to our state's security," DeSantis said in 2023. "I am proud to have signed the strongest legislation in the nation to fight back against foreign malign influence."

Opponents argued that the law is discriminatory and improperly conflates people of Chinese descent with the Chinese government.

The plaintiffs, four Chinese citizens residing in Florida, contended that the law discriminates against Asians. In his opinion, Judge Luck wrote that the measure was rooted in concerns over national, land, and food security, and did not show intent to target Asian individuals.

• Sen. Cotton Introduces Bill to Bar Foreign Nationals From FDA
• Chinese Companies Buying Land in New Hampshire