The 2023 Florida Statutes (including Special Session C)

Title XIV
TAXATION AND FINANCE

Chapter 197
TAX COLLECTIONS, SALES, AND LIENS

View Entire Chapter

F.S. 197.573

197.573 Survival of restrictions and covenants after tax sale.—

(1) When a deed or other recorded instrument in the chain of title contains restrictions and covenants running with the land, as hereinafter defined and limited, the restrictions and covenants shall survive and be enforceable after the issuance of a tax deed or master’s deed, or a clerk’s certificate of title upon foreclosure of a tax deed, tax certificate, or tax lien, to the same extent that it would be enforceable against a voluntary grantee of the owner of the title immediately before the delivery of the tax deed, master’s deed, or clerk’s certificate of title.

(2) This section applies to the usual restrictions and covenants limiting the use of property; the type, character and location of building; covenants against nuisances and what the former parties deemed to be undesirable conditions, in, upon, and about the property; and other similar restrictions and covenants; but this section does not protect covenants that:

(a) Create any debt or lien against or upon the property, except one providing for satisfaction or survival of a lien of record held by a municipal or county governmental unit, or one providing a lien for assessments accruing after such tax deed, master’s deed, or clerk’s certificate of title to a condominium association, homeowners’ association, property owners’ association, or person having assessment powers under such covenants; or

(b) Require the grantee to expend money for any purpose, except one that may require that the premises be kept in a sanitary or sightly condition or one to abate nuisances or undesirable conditions.

(3) Any right that the former owner had to enforce like restrictions and covenants against the immediate, mediate, or remote grantor and other parties owning other property held or sold under the same plat or plan, or in the same or adjacent subdivisions of land, or otherwise, except forfeitures, right of reentry, or reverter, shall likewise survive to the grantee in the tax deed or master’s deed or clerk’s certificate of title and to his, her, or its heirs, successors, and assigns. All forfeitures, rights of reentry, and reverter rights shall be destroyed and shall not survive to the grantee in the tax deed or master’s deed or clerk’s certificate of title or to his, her, or its heirs, successors, and assigns.

History.—ss. 1, 2, 3, ch. 17402, 1935; CGL 1936 Supp. 5663(1), (2), (3); s. 1, ch. 29959, 1955; ss. 1, 2, ch. 69-55; s. 1, ch. 72-268; s. 2, ch. 79-334; s. 195, ch. 85-342; s. 1029, ch. 95-147; s. 20, ch. 2018-118.

Note.—Former ss. 192.33, 197.530, 197.281.

F.S. 197.573 on Google Scholar

F.S. 197.573 on Casetext

Amendments to 197.573

Arrestable Offenses / Crimes under Fla. Stat. 197.573

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 197.573.

Annotations, Discussions, Cases:

Cases from cite.case.law:

RAHIMI, v. GLOBAL DISCOVERIES, LTD. LLC,, 252 So. 3d 804 (Fla. App. Ct. 2018)

. . . Heritage Isles Homeowners Ass'n, Inc., 124 So.3d 302, 307 (Fla. 2d DCA 2013) ("Under sections 197.552 and 197.573 . . .

AGM INVESTORS, LLC, v. BUSINESS LAW GROUP, P. A. a M. H. R. LM LLC, a, 219 So. 3d 920 (Fla. Dist. Ct. App. 2017)

. . . Pursuant to sections 197.552 and 197.573(2), the association’s lien for assessments that were unpaid . . .

A TO Z PROPERTIES, INC. v. FAIRWAY PALMS II CONDOMINIUM ASSOC. INC., 137 So. 3d 453 (Fla. Dist. Ct. App. 2014)

. . . Section 197.573, in turn, addresses the survival of restrictions and covenants after a tax sale. . . . See § 197.573(1), Fla. Stat. (2010). . . . However, while section 197.573 applies to the “usual restrictions and convenants” limiting the use of . . . Thus, sections 197.552 and 197.573(2) control over section 718.116(l)(a), because they are “the more . . . As the Fifth District explained: “Sections 197.552 and 197.573(2) extinguish any covenant that creates . . .

LUNOHAH INVESTMENTS, LLC. v. GASKELL,, 158 So. 3d 619 (Fla. Dist. Ct. App. 2013)

. . . unpaid assessments were extinguished upon issuance of the tax deed by virtue of sections 197.552 and 197.573 . . . unpaid assessments did not survive the issuance of the tax deed by operation of sections 197.552 and 197.573 . . . Sections 197.552 and 197.573(2) specifically address the survival of restrictive covenants after issuance . . . is construed to apply here, it is directly contradictory to the more specific sections 197.552 and 197.573 . . . Sections 197.552 and 197.573(2) extinguish any covenant that creates a lien or requires a grantee to . . .

CRICKET PROPERTIES, LLC, a v. NASSAU POINTE AT HERITAGE ISLES HOMEOWNERS ASSOCIATION, INC., 124 So. 3d 302 (Fla. Dist. Ct. App. 2013)

. . . We reverse because, under sections 197.552 and 197.573(2), Florida Statutes (2011), any lien for unpaid . . . the trial court on Nassau’s third affirmative defense was whether section 720.3085(2)(b) or section 197.573 . . . The court ultimately concluded that section 720.3085(2)(b) supersedes the provision in section 197.573 . . . The court concluded that section 197.573(2) was superseded by section 720.3085(2)(b) because section . . . Sections 197.552 and 197.573(2) are therefore the more specific statutes as to the key issue, and any . . .

ORACLE REAL ESTATE HOLDINGS I LLC, v. ADRIAN HOLDINGS COMPANY I, LLC, II, LLC, J., 582 F. Supp. 2d 616 (S.D.N.Y. 2008)

. . . Ann. 197.102(3) (West 2008); see § 197.573(2) (exceptions). . . .

SUGARMILL WOODS OAKS VILLAGE ASSOCIATION, INC. v. M. WIRES,, 766 So. 2d 487 (Fla. Dist. Ct. App. 2000)

. . . In the same act, the Legislature also amended section 197.573, which addresses the survival of restrictions . . . Subsection two was amended to provide: 197.573. . . . assessment of lots for common expenses by homeowners associations, it became necessary to refíne section 197.573 . . . They were clearly in jeopardy, pursuant to section 197.573. . . .

C. GAINER, v. FIDDLESTICKS COUNTRY CLUB, INC., 710 So. 2d 76 (Fla. Dist. Ct. App. 1998)

. . . Gainer argued that, pursuant to section 197.573, Florida Statutes (1993), the covenant did not survive . . . Section 197.573 has long provided that a covenant does not survive a tax sale if it requires “the grantee . . . be kept in a sanitary or sightly condition or one to abate nuisances or undesirable conditions.” § 197.573 . . . The trial court interpreted section 197.573 in light of section 617.312, as the most recent legislative . . . There is no ambiguity in section 197.573 that is clarified by the subsequent enactment of section 617.312 . . .

SECURITIES AND EXCHANGE COMMISSION, v. ELLIOTT,, 620 So. 2d 159 (Fla. 1993)

. . . real property and becoming a first lien thereon, superior to all other liens, except as provided by s. 197.573 . . .