TALLAHASSEE, Fla. (AP) — A group of Chinese citizens living and working in Florida sued the state Monday over a new law that bans Chinese nationals from purchasing property in large swaths of the state.
The law applies to properties within 10 miles (16 kilometers) of military installations and other “critical infrastructure” and also affects citizens of Cuba, Venezuela, Syria, Iran, Russia, and North Korea. But Chinese citizens and those selling property to them face the harshest penalties. The prohibition also applies to agricultural land.
The American Civil Liberties Union says the law will have a substantial chilling effect on sales to Chinese and Asian people who can legally buy property. The suit says the law unfairly equates Chinese people with the actions of their government and there is no evidence of national security risk from Chinese citizens buying Florida property.
The law “will codify and expand housing discrimination against people of Asian descent in violation of the Constitution and the Fair Housing Act,” the ACLU said in a news release announcing the suit. “It will also cast an undue burden of suspicion on anyone seeking to buy property whose name sounds remotely Asian, Russian, Iranian, Cuban, Venezuelan, or Syrian.”
U.S.-China ties are strained amid growing tensions over security and trade. In nearly a dozen statehouses and Congress, a decades-old worry about foreign land ownership has spiked since a Chinese spy balloon traversed the skies from Alaska to South Carolina last month.
Republican Gov. Ron DeSantis, who is expected to launch a presidential campaign this week, signed the bill May 8. His office didn’t immediately respond to an email seeking comment.
The law is set to take affect July 1. It will be a felony for Chinese people to buy property in restricted areas or for any person or real estate company to knowingly sell to restricted people. For the other targeted nations, the penalty is a misdemeanor for buyers and sellers.
It applies to military instillations as well as infrastructure like airports and seaports, water and wastewater treatment plants, natural gas and oil processing facilities, power plants, spaceports, and telecommunications central switching offices.
The ACLU says the law “will have the net effect of creating ‘Chinese exclusion zones’ that will cover immense portions of Florida, including many of the state’s most densely populated and developed areas.”
“This impact is exactly what laws like the Chinese Exclusion Act of 1882 and the California Alien Land Law of 1913 did more than a hundred years ago,” the lawsuit says.
Those on the restricted list that already own property near critical infrastructure must register with the state or face fines of up to $1,000 a day. They’re also prohibited from acquiring additional property. The law has provisions to allow the state to seize property from violators.
The number of states restricting foreign ownership of agricultural land has risen by 50% this year.
Heading into 2023, 14 states had laws restricting foreign ownership or investments in private agricultural land. So far this year, restrictive laws also have been enacted in Arkansas, Idaho, Montana, Tennessee, Utah and Virginia.
Foreign land ownership has become “a political flashpoint,” said Micah Brown, a staff attorney for the National Agricultural Law Center at the University of Arkansas.
Brown said the recent surge in state laws targeting land ownership by foreign entities stems from some highly publicized cases of Chinese-connected companies purchasing land near military bases. Earlier this year, the U.S. Air Force said that the Fufeng Group’s planned $700 million wet corn milling plant near a base in Grand Forks, North Dakota, poses a “significant threat to national security.”
After a Chinese army veteran and real estate tycoon bought a wind farm near an Air Force base in Texas, that state responded in 2021 by banning infrastructure deals with individuals tied to hostile governments, including China.
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Associated Press writer David Lieb in Jefferson City, Missouri, contributed to this report.
Citizens were people who voluntarily chose allegiance to the state, who accepted the legal status of citizenship with its rights and responsibilities, who obeyed its laws, who were loyal to the state.
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, other foreigners from buying property. TALLAHASSEE, Fla. (AP) — A group of Chinese citizens living and working in Florida sued the state Monday over a new law that bans Chinese nationals from purchasing property in large swaths of the state.
Ownership rights are protected under Article 39 of The Property Law of the People's Republic of China, which gives the owner the right to possess, utilize, dispose of and obtain profits from the real property.
Can I purchase a property in the United States? Yes, foreign nationals are able to purchase property in the State of Florida, the same way U.S. citizens are able to. There are no special Visa requirements needed to purchase a new home in Florida.
Yes, it is possible for a non-permanent resident to buy a house in the United States. Mortgage approval odds generally depend on the lender, type of mortgage, income status and whether the non-permanent resident can prove their intent for long-term residency.
Gov. Ron DeSantis signed it into law and it is set to go into effect on July 1. It bars Chinese citizens who are not United States citizens from purchasing homes in Florida, with few exceptions. It imposes similar but less stringent restrictions on citizens of Cuba, Venezuela, Syria, Iran, Russia and North Korea.
The counties with the largest Asian populations in Florida were Broward (59,581), Orange (56,545), Hillsborough (43,526), Miami-Dade (40,092), Duval (36,358), Palm Beach (32,691), and Pinellas (27,704).
It will be a felony for Chinese people to buy property in restricted areas or for any person or real estate company to knowingly sell to restricted people. For the other targeted nations, the penalty is a misdemeanor for buyers and sellers.
“The Chinese Communist Party (CCP) has no business purchasing land near military bases or for agricultural purposes – or for any other reason,” said Rep. Bill Johnson. “It is a critical matter of national security that we prevent the CCP from buying large swaths of American land.
CAPAC Chair Statement on Florida Law Banning Chinese Nationals from Purchasing Land, Need for Federal Legislation. WASHINGTON, D.C. — On May 8, 2023, Governor Ron DeSantis signed Florida Senate Bill 264 into law.
What does the law mean for buyers? Foreigners from the designated seven countries can only purchase a single piece of Florida land or a residence up to two acres, as long as it's beyond a 10-mile radius of critical infrastructure or military sites. (The original bill said the distance requirement was 25 miles.)
How is it Possible for Undocumented Immigrants to Buy Houses? There is no law that says non-US residents cannot own property in the United States. In fact, foreign investors or businessmen and women frequently own homes or property in the US, just as their US equivalents can also own property in other countries.
There are no citizenship requirement for real estate sales in the USA, any non-US citizens can buy any property. Anyone may purchase and own property in the United States, regardless of citizenship. There are no laws restricting a person from buying a property in the USA.
Because the US has no citizenship requirement for real estate sales, non-US citizens can buy property in the US. In fact, foreigners can even qualify for a mortgage if they meet certain requirements. However, foreign property owners do face a more challenging tax situation than US citizens.
Yes, you can obtain a green card through real estate investment in the United States. Although buying a real estate property will not directly help get a green card in the U.S., there are some ways to get a green card by investing in real estate. One of the preferable ways is through the EB-5 Investor Program.
The China 5 years tax rule requires foreign nationals who have resided in China for more than five full consecutive years to be treated as Chinese tax liabilities.
DeSantis called the latest measure a response to a "concerted effort" by the Chinese Communist Party to acquire farmland in Florida. He referenced an incident where a Chinese-owned drug developer tried to buy 1,400 acres in Levy County for $5.5 million in late 2022.
Largest AAPI ethnic groups in Florida include: Indian (185,991), Filipino (151,376), Chinese (125,469), Vietnamese (82,048), Korean (42,579) and Japanese (27,599).
The state has attracted immigrants, particularly from Latin America. Florida's majority ethnic group are European Americans, with approximately 65% of the population identifying as White. National ethnic communities in the state include Cubans, who migrated en masse following the revolution in the mid 20th century.
The law is set to take affect July 1. It will be a felony for Chinese people to buy property in restricted areas or for any person or real estate company to knowingly sell to restricted people. For the other targeted nations, the penalty is a misdemeanor for buyers and sellers.
There are two major methods for foreigners to inherit the estate located in China, namely notarization and litigation. In the event that there is no dispute between successors over the estate, you may bring relevant documents for succession notarization at a Chinese notary public.
One of DeSantis' laws now limits Chinese citizens on non-tourist visas to purchase single parcels that are smaller than two acres and at least five miles away from military installations.
The 2022 Land Report 100, compiled each year by The Land Report magazine, released its annual list of landowners who own the most acres in the United States. The nation's largest private landowners are the Emmerson family in California who own over 2.4 million acres.
In a study of USDA reports, Pew found the foreign country that owns the most U.S. land is not China or Russia, but rather, our neighbors north: Canada. Investors from the Great White North, according to the USDA, own about 12.8 million acres of U.S. land, most of it forest land.
Recent reporting shows that a CCP-affiliated corporation purchased farmland in North Dakota that is just a stone's throw from high-capability military bases. The purchase raises the possibility that the Chinese government could use the farmland as a launching pad for espionage under the guise of operating a business.
China and Japan have a territorial dispute over a group of uninhabited islands known as the Senkaku Islands in Japan, the Diaoyu Islands in the People's Republic of China (PRC), and Tiaoyutai Islands in the Republic of China (ROC or Taiwan).
Once you have bought a house or an apartment, you are required to live in it. Buying property in China as an investment and renting it out is not permitted. Please remember that you can only own one home in China.
2023-33, Laws of Florida, would limit select persons from "foreign countries of concern" from directly or indirectly owning, having a controlling interest in or acquiring by purchase, grant, devise or descent any interest in any additional real property in Florida on or after July 1, 2023.
If the seller is a foreign entity or person, the buyer must withhold the 10% and remit the tax to the IRS within 20 days of the date of closing. If the buyer fails to do so, the buyer is liable to the IRS for the tax that should have been withheld plus penalties and interest.
Highlights: Foreign Investment US Real Estate Statistics
From April 2020 to March 2021, investors from outside the United States bought 107,000 properties worth $54.4 billion in the United States. Foreign-born individuals make up 14.25 percent of the population in the country's 50 largest metros, on average.
And if accounting for socioeconomic factors alone (leaving out immigration policy), New American Economy ranks Jacksonville and St. Petersburg, Florida as the number two and number three best cities in America for immigration.
Florida homestead law protects your house from forced levy and sale by a civil judgment creditor. In other words, if you owe money on a judgment, the creditor cannot take away your home.
You must be 18 years old to apply for a real estate license. You must hold a high school diploma or equivalent GED. You must have a valid Social Security number, but you do not have to be a US citizen or a Florida resident to apply for licensure.
There are no states with an absolute prohibition on foreign ownership, however, approximately twenty-two states specifically forbid or limit nonresident aliens, foreign business entities, or foreign governments from acquiring or owning an interest in private agricultural land within the boundaries of their state.
Anyone may buy and own property in the United States, regardless of citizenship. There are no laws or restrictions that prevent an individual of any foreign citizenship from owning or buying a home in the U.S.
Yes, it is possible for a non-permanent resident to buy a house in the United States. Mortgage approval odds generally depend on the lender, type of mortgage, income status and whether the non-permanent resident can prove their intent for long-term residency.
Do US Citizens Have to Pay Taxes on Foreign Property? All US citizens must file a yearly tax return regardless of where they live in the world. When filing your return, you must report your worldwide income. This includes any gain or loss from selling a foreign property and rental income.
Buying a property in the US does not give you residency. To live in the US you'll need an appropriate visa or residence status which must be applied for separately to the house purchase process.
Show you have been physically present in the United States for at least 30 months out of the five years immediately before the date you file Form N-400; Show you have lived for at least three months in a state or USCIS district having jurisdiction over your place of residence.
Eligibility for U.S. citizenship after permanent residence requires that you live in the United States for five continuous years, or three continuous years if you obtained permanent residence based on marriage to a U.S. citizen. If you are abroad for more than 365 days, this requirement starts over.
You must be 18 years old to apply for a real estate license. You must hold a high school diploma or equivalent GED. You must have a valid Social Security number, but you do not have to be a US citizen or a Florida resident to apply for licensure.
The reality is that there is no law that prohibits the purchase of a property while being undocumented, therefore many foreign investors take advantage of this to buy a house in the US.
You do not need to be a resident of Florida to buy a house here, nor do you even need to be physically located in the state of Florida. It is totally possible to shop for houses in Florida remotely online and then have a local realtor in Florida go out in person and help you with the deal.
Population data shows Citrus County having the highest per-capita population of white residents and the lowest percentage of black residents in the state. Gadsden County has the highest percentage of black residents in Florida.
In August 1959, Hawaii officially became the fiftieth US state. Since then, Honolulu has not only remained its largest city, but is the US city with the highest share of Asian-Americans in its population. Japanese, Chinese, Koreans, Vietnamese, and Filipinos live in the city in large numbers.
Lawyers: Any active member in good standing with the Florida Bar, who is otherwise qualified under the real estate license law, is exempt from the Florida Real Estate Commission 's prescribed prerequisite educational course for licensure as a real estate sales associate.
You must be at least 18 years of age, have a United States social security number and hold a high school diploma or its equivalent. You don't have to be a Florida resident to apply and obtain your real estate license. Submit your application online or using a printable form to the Florida DBPR.
If you want to become a real estate agent, you don't have to be a U.S. citizen. You must be a legal permanent resident, though, and it can be tough to establish permanent residency in the United States strictly as a real estate agent.
Under the rule, the taxing states require that a person looking to declare residency in Florida must reside in Florida for at least 183 days (in other words, one day more than six months). Note that any time spent in the state can count as a day.
But it's not as simple as that. In order to not have to pay income tax in another state, you would have to prove that you have been in Florida for more than 183 days – or six months plus one day – AND properly establish your full-time residency in many other ways.
The majority of states have what's called a 183-day rule, which basically means the state will tax you as a resident if you own a home there and spend at least 183 days during the year (basically, six months) in the state.
Introduction: My name is Dr. Pierre Goyette, I am a enchanting, powerful, jolly, rich, graceful, colorful, zany person who loves writing and wants to share my knowledge and understanding with you.
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