Governor Ron DeSantis has been fighting an uphill battle defending Florida's security interests.
The courts sided with DeSantis on one of his most controversial moves.
And Ron DeSantis scored one win that proved critics of his Chinese property ban dead wrong.
Appeals court delivers major victory for Florida security law
A federal appeals court handed Florida Governor Ron DeSantis a major win in his fight to protect the Sunshine State from Chinese Communist Party influence.
The 11th U.S. Circuit Court of Appeals ruled 2-1 that Florida can enforce its 2023 law restricting real estate purchases by Chinese citizens.¹
Circuit Judge Robert Luck wrote that "national, individual, land, and food security concerns" motivated the law's enactment.²
The ruling rejected claims from the American Civil Liberties Union that the measure violates federal law or discriminates against Asians.
https://twitter.com/AGJamesUthmeier/status/1985799001891811552
Four Chinese citizens living in Florida challenged the law, but the court found they lacked legal standing to sue because the restrictions only apply to people "domiciled" in China.³
DeSantis signed Senate Bill 264 into law in May 2023 after it passed the Florida Legislature.
"I'm proud to sign this legislation to stop the purchase of our farmland and land near our military bases and critical infrastructure by Chinese agents," DeSantis said when he signed the measure.⁴
The law prohibits individuals "domiciled" in China who aren't U.S. citizens or green card holders from purchasing any real estate in Florida.
It also restricts citizens from six other "countries of concern" — Cuba, Iran, North Korea, Russia, Syria, and Venezuela — from buying property within 10 miles of military installations or critical infrastructure.
Violators face up to five years in prison and substantial fines.
The measure includes narrow exceptions for non-tourist visa holders and asylum recipients to purchase a single residential property of two acres or less, provided it's at least five miles from any military installation.
Two Trump-appointed judges back DeSantis
Circuit Judge Barbara Lagoa, also appointed by President Trump, joined Luck in the majority opinion.⁵
Both judges previously served on the Florida Supreme Court after being appointed to that court by DeSantis himself in 2019.
Circuit Judge Charles Wilson, appointed by Democrat President Bill Clinton, dissented from the ruling.
Wilson argued that regulating foreign investment is "a quintessentially federal arena" and Florida's law was preempted by federal statute.⁶
The ACLU immediately vowed to continue fighting the law.
"Although today's decision is disappointing, we'll continue to fight laws like these that blatantly target immigrants based on their national origin and ethnicity," ACLU attorney Ashley Gorski said.⁷
But DeSantis has consistently defended the measure as necessary to protect Florida's security interests.
A different 11th Circuit panel blocked enforcement of the law last year pending the appeal.⁸
Now that the appeals court cleared the way for enforcement, DeSantis can implement the restrictions he's been pushing for two years.
More than 30 states considering similar measures
The ruling could encourage other states to adopt similar "alien land laws" restricting foreign property ownership.
Lawmakers have passed or introduced bills targeting foreign real estate purchases in more than 30 states.⁹
When DeSantis first proposed the restrictions in 2023, Florida Chief Financial Officer Jimmy Patronis backed the governor's tough stance.
"I applaud the governor's leadership on this issue when we have got a Biden administration [with] their globalist policies," Patronis said.¹⁰
Patronis pointed to concerns about corporate espionage and intellectual property theft by Chinese entities.
"Through corporate espionage, whether it be stealing of our intellectual property, the position that we have taken or will be taking if it requires legislative changes, that's exactly what we'll do to protect the citizens of the state of Florida," Patronis explained.¹¹
The law also requires Chinese citizens who already own property in Florida to register with state authorities by specific deadlines.
Agricultural land must be registered with the Florida Department of Agriculture and Consumer Service.¹²
Other real property must be registered with the Florida Department of Economic Opportunity.
Failure to register triggers fines of up to $1,000 per day.¹³
Polling conducted by Redfield & Wilton Strategies found 63% of Americans supported DeSantis' law when it was signed in 2023.¹⁴
Support crossed party lines, with 73% of Trump voters backing the measure compared to 60% of Biden voters.¹⁵
The Biden Justice Department opposed Florida's law, filing a statement in 2023 claiming the measure violated federal civil rights statutes.
"These unlawful provisions will cause serious harm to people simply because of their national origin," the Justice Department wrote.¹⁶
But the courts ultimately sided with Florida's right to protect its borders and critical infrastructure.
The Trump-appointed judges who delivered this victory share DeSantis' commitment to constitutional originalism and national security.
Judge Lagoa, the daughter of Cuban exiles, told senators during her 2019 confirmation hearing that her family's experience under Fidel Castro's communist regime gave her "deep fidelity to the rule of law."¹⁷
Judge Luck is known in conservative circles as a judge modeled after the late Supreme Court Justice Antonin Scalia.¹⁸
Their decision gives Florida the legal foundation to implement one of the nation's toughest restrictions on foreign property ownership.
DeSantis faces pressure from activists and civil rights groups to back down.
But the governor has shown no signs of wavering in his commitment to protecting Florida from Chinese Communist Party influence.
¹ NBC News, "U.S. appeals court says Florida can ban Chinese citizens from buying property," November 4, 2025.
² Ibid.
³ Ibid.
⁴ NBC News, "DOJ says Florida law signed by Ron DeSantis limiting Chinese land ownership is unconstitutional," June 30, 2023.
⁵ NBC News, "U.S. appeals court says Florida can ban Chinese citizens from buying property," November 4, 2025.
⁶ – ⁹ Ibid.
¹⁰ Fox Business, "DeSantis warns over China real estate investments: 'Gobbling up land' not in Florida's best interest," January 12, 2023.
¹¹ Ibid.
¹² BMD LLC, "Alien Land Law Restricts Foreign Ownership of Real Property in Florida."
¹³ Ibid.
¹⁴ Newsweek, "Americans Back DeSantis on Chinese Real Estate Ban," May 19, 2023.
¹⁵ Ibid.
¹⁶ NBC News, "DOJ says Florida law signed by Ron DeSantis limiting Chinese land ownership is unconstitutional," June 30, 2023.
¹⁷ Courthouse News Service, "Senate Panel Advances Nominees Poised to Reshape 11th Circuit."
¹⁸ Ibid.
