Federal Appeals Court Upholds “Discriminatory” Ban On Chinese Nationals Buying Florida Property
In November 2025, the 11th Circuit Court of Appeals chose to uphold Florida’s 2023 law all but banning Chinese nationals from owning property in the state. The law bars any Chinese person ‘domiciled in China’ who is not a citizen or permanent resident of the United States from owning real estate in Florida, even if they have no ties with the Chinese Communist Party. If you are seeking to invest in Florida, and you are of Chinese ancestry, it is important to be aware of what this ban prohibits and what it allows.
‘Domicile’ Is Key
The case, Shen v Simpson, was brought in 2023 by a group of Chinese nationals against the state of Florida, arguing that they were effectively pushed out of the state by Florida’s ban on property purchases by citizens of “countries of concern.” The ban does not allow Chinese citizens to purchase property within five miles of a military installation – except that Florida has over 20 of these, most of which are within five miles of a city where immigrants might congregate.
The 11th Circuit Court of Appeals allowed the ban to go forward, because it exempts Chinese citizens who are domiciled in Florida, thus making it somehow not discriminatory. However, the legal concept of domicile only applies to a property where one plans to make their permanent home – in other words, only those who are U.S. citizens or permanent residents have the right to claim Florida as their ‘domicile,’ because those without either status cannot make a Florida home permanent.
May Affect FL Housing Market
This argument was enough for the 11th Circuit panel to side with the state of Florida, because the plaintiffs in Shen were not domiciled in China, having lived in Florida for ‘years.’ However, it is plausible – perhaps even likely – that the law being allowed to stand will affect the Florida housing market. While Chinese nationals do not purchase that much property in the state, they have historically purchased expensive properties. This may affect the properties available to future investors.
What this means for the average investor is unknown, but it is worth paying attention to the aftereffects of this decision. Florida also bars nationals of Cuba, Iran, North Korea, Russia, Syria, and Venezuela from owning certain properties without being a U.S. citizen or permanent resident – it is not inconceivable to think that in the future, more nationalities may follow.
Contact A Tampa Real Estate Investment Attorney
Investing in Florida real estate can be a complex endeavor, but with the right legal help on your side, you can protect your investment even as laws change. A Tampa Investor Representation Lawyer from the Seward Law Office can help – contact our office today to schedule a consultation.
Source:
newsweek.com/florida-issues-crackdown-chinese-citizens-buying-real-estate-11001359
