FILE – Florida Gov. Ron DeSantis speaks during a news conference to sign several bills related to public education and increases in teacher pay, in Miami, on May 9, 2023. (AP Photo/Rebecca Blackwell, File)
A group of Chinese citizens living and working in Florida has filed a lawsuit against the state on Monday, challenging a new law that prohibits Chinese nationals from purchasing property in certain areas of the state. The law specifically targets properties located within 10 miles (16 kilometers) of military installations and other designated ‘critical infrastructure.’ In addition to Chinese citizens, the law also affects citizens of Cuba, Venezuela, Syria, Iran, Russia, and North Korea. However, the law imposes the most severe penalties on Chinese citizens and individuals selling property to them. It is worth noting that the law also extends to agricultural land.
The American Civil Liberties Union (ACLU) has expressed concerns over the law, stating that it will have a significant chilling effect on property sales to Chinese and Asian individuals who are legally allowed to buy property in Florida. The lawsuit argues that the law unfairly associates Chinese people with the actions of their government and alleges that there is no evidence to support the claim that Chinese citizens purchasing Florida property pose a national security risk.
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The ACLU, in a news release announcing the lawsuit, stated that the law ‘will codify and expand housing discrimination against people of Asian descent in violation of the Constitution and the Fair Housing Act.’ The organization argues that the law will unfairly burden anyone attempting to purchase property with a name that sounds remotely Asian, Russian, Iranian, Cuban, Venezuelan, or Syrian.
Tensions between the United States and China have strained U.S.-China relations, particularly regarding security and trade. Concerns about foreign land ownership, which have been a long-standing worry, have intensified in nearly a dozen statehouses and Congress since a Chinese spy balloon traveled from Alaska to South Carolina last month.
On May 8, Republican Governor Ron DeSantis, who is expected to launch a presidential campaign this week, signed the bill into law. The law is scheduled to take effect on July 1. It will be considered a felony for Chinese individuals to purchase property in restricted areas, and it will be illegal for anyone, including real estate companies, to knowingly sell property to restricted individuals. For citizens of the other targeted nations, the penalty is a misdemeanor for both buyers and sellers.
The law applies to various types of infrastructure, including military installations, airports, seaports, water and wastewater treatment plants, natural gas and oil processing facilities, power plants, spaceports, and telecommunications central switching offices.
The ACLU argues that the law ‘will have the net effect of creating ‘Chinese exclusion zones’ that will cover significant portions of Florida, including densely populated and developed areas.’ The lawsuit draws a parallel between the impact of this law and discriminatory laws from over a century ago, such as the Chinese Exclusion Act of 1882 and the California Alien Land Law of 1913.
Individuals who are already on the restricted list and own property near critical infrastructure must register with the state or face fines of up to $1,000 per day. They are also prohibited from acquiring additional property. The law includes provisions that allow the state to seize property from violators.
This year, there has been a 50% increase in the number of states restricting foreign ownership of agricultural land. As of 2023, 14 states already had laws in place to limit foreign ownership or investments in private agricultural land. This year, additional restrictive laws have been enacted in Arkansas, Idaho, Montana, Tennessee, Utah, and Virginia.
Micah Brown, a staff attorney for the National Agricultural Law Center at the University of Arkansas, describes foreign land ownership as ‘a political flashpoint.’ Brown attributes the recent surge in state laws targeting land ownership by foreign entities to highly publicized cases involving Chinese-connected companies purchasing land near military bases. In a recent example, the U.S. Air Force expressed concerns about national security regarding the Fufeng Group’s planned $700 million wet corn milling plant near a base in Grand Forks, North Dakota.
In response to a Chinese army veteran and real estate tycoon acquiring a wind farm near an Air Force base in Texas, the state enacted a ban in 2021 on infrastructure deals involving individuals tied to hostile governments, including China.”
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