Florida Statute 197.573 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XIV
TAXATION AND FINANCE

Chapter 197
TAX COLLECTIONS, SALES, AND LIENS

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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 Citing Statute 197.573

Total Results: 12

Rahimi v. Global Discoveries

Court: District Court of Appeal of Florida | Date Filed: 2018-08-01

Citation: 252 So. 3d 804

Snippet: (Fla. 2d DCA 2013) (“Under sections 197.552 and 197.573(2), any lien Nassau may have had for unpaid

AGM Investors, LLC v. Business Law Group, P.A.

Court: District Court of Appeal of Florida | Date Filed: 2017-04-19

Citation: 219 So. 3d 920, 2017 WL 1399764, 2017 Fla. App. LEXIS 5283

Snippet: April 22, 2010. Pursuant to sections 197.552 and 197.573(2), the association’s lien for assessments that

A to Z Properties, Inc. v. Fairway Palms II Condominium Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2014-03-19

Citation: 137 So. 3d 453, 2014 WL 1031407, 2014 Fla. App. LEXIS 3923

Snippet: deed .... ” § 197.552, Fla. Stat. (2010). Section 197.573, in turn, addresses the survival of restrictions

Lunohah Investments, LLC. v. Gaskell

Court: District Court of Appeal of Florida | Date Filed: 2013-12-27

Citation: 158 So. 3d 619, 2013 WL 6816627, 2013 Fla. App. LEXIS 20384

Snippet: the tax deed by virtue of sections 197.552 and 197.573(2), Florida Statutes (2011), which provide in essence

Cricket Properties, LLC v. Nassau Pointe at Heritage Isles Homeowners Ass'n

Court: District Court of Appeal of Florida | Date Filed: 2013-09-20

Citation: 124 So. 3d 302, 2013 WL 5288863, 2013 Fla. App. LEXIS 14968

Snippet: We reverse because, under sections 197.552 and 197.573(2), Florida Statutes (2011), any lien for unpaid

Ago

Court: Florida Attorney General Reports | Date Filed: 2011-04-20

Snippet: superior to all otherliens, except as provided by s. 197.573(2)." (e.s.) Section 197.432(1), Florida Statutes

Ago

Court: Florida Attorney General Reports | Date Filed: 2007-09-12

Snippet: superior to all other liens, except as provided by s.197.573(2)." 8 Ops. Att'y Gen. Fla. 74-199 (1974) (county

Sugarmill Woods Oaks Village Association, Inc. v. Wires

Court: District Court of Appeal of Florida | Date Filed: 2000-09-22

Citation: 766 So. 2d 487, 2000 Fla. App. LEXIS 12250

Snippet: same act, the Legislature also amended section 197.573,[4] which addresses the survival of restrictions

Ago

Court: Florida Attorney General Reports | Date Filed: 1999-06-02

Snippet: superior to all other liens, except as provided by s.197.573(2)." The delinquent owner loses the property only

Gainer v. Fiddlesticks Country Club, Inc.

Court: District Court of Appeal of Florida | Date Filed: 1998-04-01

Citation: 710 So. 2d 76, 1998 Fla. App. LEXIS 3149, 1998 WL 145042

Snippet: section 197.573, Florida Statutes (1993), the covenant did not survive the tax sale. Section 197.573 has

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-08-05

Snippet: superior to all other liens, except as provided by s. 197.573(2)." (e.s.) 8 See, e.g., 52 Fla. Jur.2d Taxation

Securities & Exchange Commission v. Elliott

Court: Supreme Court of Florida | Date Filed: 1993-05-06

Citation: 620 So. 2d 159, 20 U.C.C. Rep. Serv. 2d (West) 596, 18 Fla. L. Weekly Supp. 271, 1993 Fla. LEXIS 746, 1993 WL 142089

Snippet: superior to all other liens, except as provided by s. 197.573(2) [governing restrictions and covenants running