Did DeSantis loosen anti-China land law for a donor?

The claim: During the third Republican presidential debate, Vivek Ramaswamy said Florida’s anti-Chinese land law has an exemption that “allowed Chinese nationals to buy land within a 20-mile radius of a military base” lobbied for by one of Gov. Ron DeSantis’ donors. 

PolitiFact ruling: Half True. Ramaswamy’s claim is partially accurate but leaves out important details or takes things out of context. 

Ken Griffin, founder and CEO of the Miami-based Citadel hedge fund, influenced the parameters of Florida’s anti-China land law, Bloomberg News reported. Griffin donated to DeSantis’ gubernatorial campaigns, but so far hasn’t donated to DeSantis’ presidential campaign.

The 2023 law restricts Chinese citizens from owning or buying land in Florida, stating that they can’t buy property within 10 miles — not 20, as Ramaswamy said — of a military installation or critical infrastructure, which includes places such as airports.

To Ramaswamy’s point, the law was loosened to exempt people with nontourist visas, allowing them to buy one residential property as long as it isn’t within 5 miles of military installations, such as bases, posts or camps.

PolitiFact reached out to Ramaswamy’s campaign but did not hear back. 

DeSantis’ governor’s office pointed us to a Nov. 8 post on X, formerly known as Twitter, by spokesperson Jeremy Redfern, who shared a map that highlighted the entire state of Florida, writing, “The area highlighted on this map is where the CCP cannot buy land in Florida.” (CCP refers to the “Chinese Communist Party.”) 

Senate Bill 264 restricts many Chinese citizens from buying real estate in Florida. DeSantis signed the bill in May after it passed the Florida Legislature, and it became law in July. 

The law restricts citizens of seven foreign “countries of concern” — China, Cuba, Iran, North Korea, Russia, Syria and Venezuela — from owning or buying land in Florida. The law’s final version says they cannot buy property within 10 miles of a military installation or critical infrastructure, such as ports, airports and power substations. Property buyers or sellers who violate the restriction could face up to 60 days in prison and a $500 fine.

A portion of the law targets people associated with the Chinese government as well as Chinese citizens who aren’t permanent U.S. residents and who say their primary residence is in China. It prohibits these people from buying any property in Florida.

Sellers who knowingly violate this part of the law could face up to one year in prison and a $1,000 fine; Chinese nationals could face up to five years in prison and a $5,000 fine.

The law includes an exception for people who have nontourist visas or have been granted asylum. These people may buy “one residential property up to two acres” that isn’t on or within 5 miles of a military installation.

The measure also requires American citizens who aim to buy Florida property to sign an affidavit attesting they aren’t prevented from purchasing the real estate under the new law.

Early versions of the legislation were tighter. As filed, the bill would have essentially barred Chinese citizens and foreign nationals from the six other countries from buying any real estate within 20 miles of military bases and critical infrastructure.

That would have covered most of South Florida. 

This earlier bill created complications for Griffin, founder and CEO of Citadel, a hedge fund and financial services company, who plans to build a new Citadel headquarters in Miami. Because he employs many international workers, he worried the law would prohibit them from buying property in the area, Bloomberg News reported in August.

The report detailed how Griffin assembled a network of people to rework the proposed law and narrow restrictions for people with work permits. Citadel hired Capital City Consulting, one of Florida’s top lobbying and public affairs companies, to help secure changes.

The version that became law cuts the restricted area for residential property purchases to 5 miles from military bases for verified visa holders and asylees.

Griffin, who moved to Florida from Illinois in 2022, donated $5 million in 2021 to a political action committee that backed DeSantis’ reelection campaign, campaign finance records show. But he hasn’t given money to support DeSantis’ presidential run. 

There is friction in the relationship. Griffin in September told CNBC he wasn’t backing DeSantis in the race and was remaining on the sidelines of the GOP presidential primary, adding that DeSantis was leading a “pointless” fight with the Walt Disney Co. On Tuesday, Griffin told Bloomberg TV that he’s considering supporting Nikki Haley for president.

The U.S. Justice Department has argued that the Florida law is unconstitutional. News reports have documented how prospective buyers are backing out of home deals, and some real estate brokers have said they feel forced to racially profile people and turn down business, NBC News reported. 

The American Civil Liberties Union is representing four Chinese citizens who live in Florida and a real estate company that serves Chinese and Chinese American clients in a lawsuit against the state, which was filed in May. The ACLU argues the law is unconstitutional because it violates the plaintiffs’ 14th Amendment right to equal protection and procedural due process. 

The lawsuit describes the exception for those with nontourist visas or asylees as “incredibly narrow.” There are more than 20 military bases in Florida, many within 5 miles of city centers including Orlando, Tampa, Jacksonville, Pensacola and Panama City.