Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448
Florida Statute 197.573 - Full Text and Legal Analysis
Florida Statute 197.573 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 197.573 Case Law from Google Scholar Google Search for Amendments to 197.573

The 2025 Florida Statutes

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 CourtListener

Amendments to 197.573


Annotations, Discussions, Cases:

Cases Citing Statute 197.573

Total Results: 5

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

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

District Court of Appeal of Florida | Filed: Sep 20, 2013 | Docket: 60235443

Cited 4 times | Published

3085(2)(b) was inapplicable and that, under section 197.573(2), tax deed purchasers acquire property free

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

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

District Court of Appeal of Florida | Filed: Mar 19, 2014 | Docket: 60240318

Cited 3 times | Published

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

Sugarmill Woods Oaks Village Association, Inc. v. Wires

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

District Court of Appeal of Florida | Filed: Sep 22, 2000 | Docket: 1330303

Cited 1 times | Published

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

Gainer v. Fiddlesticks Country Club, Inc.

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

District Court of Appeal of Florida | Filed: Apr 1, 1998 | Docket: 1444687

Cited 1 times | Published

court, Mr. Gainer argued that, pursuant to section 197.573, Florida Statutes (1993), the covenant did

Ago

Florida Attorney General Reports | Filed: Apr 20, 2011 | Docket: 3258571

Published

all other liens, with a stated exception in section 197.573(2), Florida Statutes, not applicable to the