Two H-1B visa holders and an international student are plaintiffs in a lawsuit alleging Florida’s new law preventing many Chinese citizens from purchasing real estate in the state is unconstitutional. The state will also require U.S. citizens in Florida to attest that the law doesn’t apply to them when buying real estate. Florida Gov. Ron DeSantis has highlighted the new law while pursuing the Republican nomination for president. Analysis shows the law is likely more restrictive than the plaintiffs in the lawsuit argue due to the use of the term “visa” in the bill rather than “status.”
The Florida Law’s Main Provisions
Starting July 1, 2023, Florida law S.B. 264 prohibits a citizen of China from buying real estate in the state unless certain exceptions apply. The exceptions include that it is only “one residential real property that is up to 2 acres” and the “parcel is not on or within 5 miles of any military installation in the state.” The person must have a “current verified United States Visa that is not limited to authorizing tourist-based travel” or have been granted asylum.
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