Florida's Bold Stand: Judge Maintains Ban on Chinese Real Estate Investment

A Tallahassee judge proclaimed on Tuesday that the Florida legislation preventing Chinese nationals from acquiring property within the state can persist in effect even as it faces a challenge in federal court. Enacted in May by Governor Ron DeSantis, the law restricts property purchases for individuals from seven designated countries, which include China, Russia, and Cuba. The restrictions specifically target properties near military installations and vital infrastructure, with a focus on Chinese citizens who face the most stringent limitations.

Responding to this, a coalition of Chinese residents in Florida initiated a federal lawsuit in late May, contending that the law is unconstitutional and infringes on federal fair housing statutes. Represented by the American Civil Liberties Union (ACLU), the plaintiffs contend that the discriminatory property law contradicts the principle of equal protection under U.S. law, regardless of nationality.

The law's stipulations entail prohibiting non-green card holders from directly or indirectly owning property in Florida, while also imposing limitations on citizens from countries designated as "foreign countries of concern," such as Cuba, Venezuela, Syria, Iran, Russia, and North Korea. This prohibition extends to property within 10 miles of military sites or critical infrastructure. Notably, individuals from these countries who already possess property in Florida are exempted but are required to register their holdings with the state's Department of Economic Opportunity.

District Judge Allen Winsor presided over the case, Shen v. Simpson, in July to determine whether an injunction should halt the law's implementation during the legal proceedings. The judge ultimately denied the plaintiffs' motion for an injunction, stating that they failed to establish a "substantial likelihood" of prevailing in the case.

The group of plaintiffs includes four Chinese individuals and the real estate brokerage Multi Choice Realty. Meanwhile, Governor DeSantis, who is pursuing the Republican presidential nomination, argues that the law safeguards American citizens from Chinese influence, forming a key component of his broader anti-China campaign. However, the law has encountered opposition, with critics labeling it discriminatory, and business interests also expressing concerns. Notably, influential donor Ken Griffin reportedly played a role in revising the law to make it less restrictive for those with work permits.

In response, Griffin emphasized that Florida's essence lies in its commitment to freedom and economic prospects. He expressed support for the rights of lawful U.S. workers to purchase homes and pledged to continue advocating for these rights.