The 2023 Florida Statutes (including Special Session C)

Title XL
REAL AND PERSONAL PROPERTY

Chapter 689
CONVEYANCES OF LAND AND DECLARATIONS OF TRUST

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F.S. 689.18

689.18 Reverter or forfeiture provisions, limitations; exceptions.—

(1) It is hereby declared by the Legislature of the state that reverter or forfeiture provisions of unlimited duration in the conveyance of real estate or any interest therein in the state constitute an unreasonable restraint on alienation and are contrary to the public policy of the state.

(2) All reverter or forfeiture provisions of unlimited duration embodied in any plat or deed executed more than 21 years prior to the passage of this law conveying real estate or any interest therein in the state, be and the same are hereby canceled and annulled and declared to be of no further force and effect.

(3) All reverter provisions in any conveyance of real estate or any interest therein in the state, now in force, shall cease and terminate and become null, void, and unenforceable 21 years from the date of the conveyance embodying such reverter or forfeiture provision.

(4) No reverter or forfeiture provision contained in any deed conveying real estate or any interest therein in the state, executed on and after July 1, 1951, shall be valid and binding more than 21 years from the date of such deed, and upon the expiration of such period of 21 years, the reverter or forfeiture provision shall become null, void, and unenforceable.

(5) Any and all conveyances of real property in this state heretofore or hereafter made to any governmental, educational, literary, scientific, religious, public utility, public transportation, charitable or nonprofit corporation or association are hereby excepted from the provisions of this section.

(6) Any holder of a possibility of reverter who claims title to any real property in the state, or any interest therein by reason of a reversion or forfeiture under the terms or provisions of any deed heretofore executed and delivered containing such reverter or forfeiture provision shall have 1 year from July 1, 1951, to institute suit in a court of competent jurisdiction in this state to establish or enforce such right, and failure to institute such action within said time shall be conclusive evidence of the abandonment of any such right, title, or interest, and all right of forfeiture or reversion shall thereupon cease and determine, and become null, void, and unenforceable.

(7) This section shall not vary, alter, or terminate the restrictions placed upon said real estate, contained either in restrictive covenants or reverter or forfeiture clauses, and all said restrictions may be enforced and violations thereof restrained by a court of competent jurisdiction whenever any one of said restrictions or conditions shall be violated, or threat to violate the same be made by owners or parties in possession or control of said real estate, by an injunction which may be issued upon petition of any person adversely affected, mandatorily requiring the abatement of such violations or threatened violation and restraining any future violation of said restrictions and conditions.

History.—ss. 1, 2, 3, 4, 5, 6, 7, ch. 26927, 1951; s. 218, ch. 77-104.

F.S. 689.18 on Google Scholar

F.S. 689.18 on Casetext

Amendments to 689.18

Arrestable Offenses / Crimes under Fla. Stat. 689.18

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 689.18.

Annotations, Discussions, Cases:

Cases from cite.case.law:

SEARS, ROEBUCK AND CO. a v. FRANCHISE FINANCE CORPORATION OF AMERICA, a FFCA IIP, 711 So. 2d 1189 (Fla. Dist. Ct. App. 1998)

. . . The pertinent portions of section 689.18 provides as follows: 689.18 Reverter or forfeiture provisions . . . Section 689.18 was enacted as Chapter 26927, Laws of Florida (1951). . . . It is of note that we can discover no case since its enactment applying section 689.18 to pure grants . . . We, therefore, conclude that the trial judge erred in applying section 689.18 to void the “sweeping” . . . Even if section 689.18 applied, under section 689.18(4), the provision in question would not have become . . .

COMERICA TRUST COMPANY OF FLORIDA, N. A. No. v. MONROE COUNTY,, 622 So. 2d 1023 (Fla. Dist. Ct. App. 1993)

. . . . § 95.14, Fla.Stat. (1989); § 689.18(4), Fla.Stat. (1991). . . .

CITY OF CORAL GABLES, a v. OLD CUTLER BAY HOMEOWNERS CORPORATION,, 529 So. 2d 1188 (Fla. Dist. Ct. App. 1988)

. . . title to the property after the expiration of the twenty-one-year reverter period set forth in section 689.18 . . . Section 689.18(5) exempts conveyances to governmental entities from the statute’s scope. . . .

CHILDS, v. WEISSMAN, 432 So. 2d 604 (Fla. Dist. Ct. App. 1983)

. . . original grant became null and void before the claimed 1958 reversion, based on an application of Section 689.18 . . .

J. C. VEREEN SONS, INC. v. CITY OF MIAMI,, 397 So. 2d 979 (Fla. Dist. Ct. App. 1981)

. . . Section 689.18 is unconstitutional only to the extent it cancels reverter provisions in deeds executed . . .

COLE, v. ANGORA ENTERPRISES, INC., 370 So. 2d 1227 (Fla. Dist. Ct. App. 1979)

. . . judgment to the effect that the long-term recreational lease and foreclosure provisions violate Section 689.18 . . .

R. B. F. MANAGEMENT COMPANY, a v. SUNSHINE TOWERS APARTMENT RESIDENCES ASSOCIATION, INC. a, 352 So. 2d 561 (Fla. Dist. Ct. App. 1977)

. . . In Count V as constituting an illegal restraint against alienation within the meaning of Section 689.18 . . .

TRUSTEES OF TUFTS COLLEGE, v. TRIPLE R. RANCH, INC. COMPASS ROSE CORPORATION, v. TRIPLE R. RANCH, INC. TRIPLE R. RANCH, INC. v. COMPASS ROSE CORPORATION,, 275 So. 2d 521 (Fla. 1973)

. . . Royal, 71 So.2d 727 (Fla.1954), this Court invalidated the retroactive portion of Section 689.18, Florida . . .

HAMPTON, v. CITY OF JACKSONVILLE, 16 Fla. Supp. 96 (Duval Cty. Cir. Ct. 1959)

. . . Section 689.18, Florida Statutes. . . . any lawful use, and any such restriction will be valid and binding to the extent provided in section 689.18 . . .

BILTMORE VILLAGE, v. ROYAL BILTMORE VILLAGE, v. ROTOLANTE, 71 So. 2d 727 (Fla. 1954)

. . . that such interest in each of the properties was 'outlawed by Chapter 26927, Acts of 1951, now Section 689.18 . . .

v., 7 B.T.A. 1327 (B.T.A. 1927)

. . . Installment)-$118,334.13 Cost of all goods sold_ 74,644.95 Gross profit on all sales for 1918_ 43, 689.18 . . .