Florida's Land Ownership Law Faces Constitutional Challenge from DOJ

Created: JANUARY 25, 2025

The U.S. Department of Justice (DOJ) has filed a legal challenge against a recently enacted Florida law that restricts land ownership by Chinese citizens near military bases and critical infrastructure. The DOJ argues that the law, SB 264, violates the Equal Protection Clause of the Fourteenth Amendment and the Fair Housing Act of 1968. They contend the law discriminates based on national origin and will cause harm without improving public safety.

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The law, championed by Governor Ron DeSantis, places limitations on individuals and entities from "foreign countries of concern," which include China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria. It prohibits those deemed "foreign principals," specifically individuals domiciled in China who are not U.S. citizens or permanent residents, from acquiring land within ten miles of military installations or critical infrastructure. A limited exception exists for those with non-tourist visas or asylum status to purchase a small residential property under specific conditions.

DeSantis defends the law as a measure to protect against Chinese Communist Party influence. Florida Agriculture Commissioner Wilton Simpson echoes this sentiment, emphasizing food security and national security concerns. He cited the substantial amount of U.S. agricultural land already controlled by China and other nations.

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The American Civil Liberties Union (ACLU), representing plaintiffs challenging the law, argues it unfairly targets individuals of Asian, Russian, Iranian, Cuban, Venezuelan, or Syrian descent. A lawsuit seeking a preliminary injunction is underway, with a hearing scheduled. The DOJ's filing supports this motion.

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This issue extends beyond Florida, with other GOP presidential candidates, such as Nikki Haley, also expressing concerns about Chinese influence, particularly regarding land ownership near sensitive military sites and control over agricultural industries. Haley has called for an end to these practices, emphasizing the blurred line between Chinese investors and the Chinese Communist Party and highlighting the potential threat to U.S. security and food supplies.

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