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Florida Enacts Bill Restricting Foreign Ownership of Agricultural and Strategic Land

Florida implements SB 264, restricting land purchases by entities from specified foreign countries near sensitive sites and targeting Chinese acquisitions of agricultural land statewide. Learn about the law, its rationale, and ongoing challenges.

Florida Implements New Restrictions on Foreign Land Ownership

TALLAHASSEE, FL – Florida has enacted significant legislation (SB 264) restricting certain foreign entities from owning or acquiring specific types of land within the state. Signed into law in May 2023 and effective July 1, 2023, the measure is described by proponents, including Governor DeSantis, as essential for protecting Florida's agricultural resources, critical infrastructure, and national security interests from potential foreign adversaries.

Key Provisions of SB 264

The law targets individuals and entities tied to what Florida designates as 'foreign countries of concern': China, Russia, Iran, North Korea, Cuba, Venezuela, and Syria. Notably, it prohibits entities and individuals associated with the People's Republic of China from purchasing or acquiring any interest in agricultural land anywhere in Florida. For all listed countries, including China, the law restricts the purchase or acquisition of land surrounding military installations and critical infrastructure facilities. Certain exceptions exist, such as for minimal indirect ownership stakes and for specific residential property purchases by individuals under defined conditions.

The definition of 'agricultural land' is based on Florida Statute 193.461, covering land used for bona fide agricultural purposes like farming, forestry, and livestock.

Governor DeSantis Emphasizes State and National Security

Governor DeSantis Emphasizes State and National Security

Governor DeSantis strongly advocated for the law, framing it as a necessary defense against foreign interference. "We cannot permit nations hostile to U.S. interests to strategically acquire land that could compromise our state's security or vital resources," DeSantis stated. "This law makes Florida's position clear: our critical assets are not for sale to adversaries."

Rationale: Addressing Security Vulnerabilities

Supporters argue the law addresses vulnerabilities highlighted by increasing foreign investment near sensitive locations. Concerns cited include the potential for espionage, disruption of critical infrastructure operations (like power grids or ports), and exertion of undue influence over food supply chains, particularly regarding land acquisitions near military bases.

The law faces legal challenges alleging discrimination and federal preemption, while opponents also raise concerns about potential impacts on legitimate foreign investment.

Economic Considerations and Legal Hurdles

Economic Considerations and Legal Hurdles

While aimed at specific security threats, the law has prompted debate about its economic effects and legal soundness. Critics question whether it might deter beneficial foreign investment in Florida's economy, particularly the agricultural sector. Furthermore, the law is subject to ongoing legal challenges (e.g., *Shen v. Simpson*) arguing it unlawfully discriminates based on national origin, violates constitutional protections, and improperly intrudes into federal authority over foreign affairs and national security.

Implementation and Enforcement

With SB 264 now in effect, state agencies, primarily the Florida Department of Commerce and the Department of Agriculture and Consumer Services (FDACS), are responsible for its implementation. This includes developing rules for compliance, monitoring transactions, and enforcing penalties for violations. The law also mandates registration for certain foreign entities who owned relevant land parcels prior to the law's enactment. The long-term effectiveness and full impact of the law will depend on ongoing enforcement efforts and the outcome of legal disputes.

Track developments related to SB 264's implementation, enforcement actions, and the status of legal challenges through official state resources and court dockets.