DOJ: Florida law barring Chinese citizens from owning land in the state unlawful, unconstitutional
TALLAHASSEE, Fla. (FLV) – The Department of Justice is arguing that a Florida law barring Chinese citizens from owning land in the state violates a federal housing law and the Fourteenth Amendment.
Florida’s Voice previously reported that the legislation, which was signed into law May, would effectively ban the purchase or acquisition of real estate by the People’s Republic of China.
A statement from the DOJ said the plaintiffs are “likely to succeed on the merits of the claims” challenging the provisions of the law that restrict and prohibit land ownership.
“These unlawful provisions will cause serious harm to people simply because of their national origin, contravene federal civil rights laws, undermine constitutional rights, and will not advance the State’s purported goal of increasing public safety,” the statement said.
Gov. Ron DeSantis responded to the article on Twitter Thursday.
“While the Biden-Garland DOJ sides with Communist China, I side with the American people. As governor, I prohibited CCP-tied entities from buying land in Florida. As president, I’ll do the same,” DeSantis said.
While the Biden-Garland DOJ sides with Communist China, I side with the American people.
— Ron DeSantis (@RonDeSantis) June 29, 2023
As governor, I prohibited CCP-tied entities from buying land in Florida.
As president, I'll do the same.https://t.co/TetevJzAOM
Sen. Jay Collins, R-Tampa, and Rep. David Borrero, R-Sweetwater, carried the legislation, which was spearheaded by Agriculture Commissioner Wilton Simpson.
The legislation received bipartisan support and passed by a vote of 95-17 in the House and 31-8 in the Senate.
The legislation also refers to the prohibition of such activities by any individual who is “domiciled” in China and is not a U.S. citizen.
The legislation includes a provision that affects Floridians who were born and raised in the People’s Republic of China but have not yet obtained lawful permanent residency, commonly known as a “Green Card.”
This provision applies directly to a significant portion of the state’s Chinese population, comprising 53,000 individuals or 1.2% of all immigrants in Florida.
The legislation also prohibits a governmental entity from knowingly entering into a contract with an entity that would give access to an individual’s personal identifying information if the government of a “foreign country of concern” has a controlling interest in the entity.
A “foreign country of concern” refers to the People’s Republic of China, the Russian Federation, the Islamic Republic of Iran, the Democratic People’s Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas Maduro and the Syrian Arab Republic.
Foreign principals would also be banned from purchasing agricultural land after July 1.
In December 2022, Simpson, along with Collins and Borrero, announced the proposal to restrict foreign control of Florida agriculture land and strategic military lands.
“China now controls nearly 200,000 acres of agricultural land in the U.S., leaving our food supply chain, our water quality and our national security interests vulnerable to the Chinese Communist Party,” Simpson previously said.
“We have a responsibility to ensure Floridians have access to safe, affordable and abundant food and water supply,” Simpson said.
This story was edited to include Gov. Ron DeSantis’ statement.
