Florida Statutes

Fla. Stat. § 197.573 (2025)

Survival of restrictions and covenants after tax sale.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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.

Notes of Decisions

Cited in 5 cases, 1998–2020 · leading case: Cricket Props., LLC v. Nassau Pointe at Heritage Isles Homeowners Ass'n, 124 So. 3d 302 (Fla. 2d DCA 2013).

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Cricket Props., LLC v. Nassau Pointe at Heritage Isles Homeowners Ass'n, 124 So. 3d 302 (Fla. 2d DCA 2013). · cites it 12× “*305 § 197.573 (emphasis added). Thus, under sections 197.”

A to Z Props., Inc. v. Fairway Palms II Condo. Ass'n, 137 So. 3d 453 (Fla. 4th DCA 2014). · cites it 6× “Section 197.573, in turn, addresses the survival of restrictions and covenants after a tax sale.”

Sugarmill Woods Oaks Vill. Ass'n, Inc. v. Wires, 766 So. 2d 487 (Fla. 5th DCA 2000). · cites it 3× “In the same act, the Legislature also amended section 197.573, [4] which addresses the survival of restrictions and covenants contained in a deed in the chain of title, after a tax sale.”

Gainer v. Fiddlesticks Country Club, Inc., 710 So. 2d 76 (Fla. 3d DCA 1998). · cites it 7× “Gainer argued that, pursuant to section 197.573, Florida Statutes (1993), the covenant did not survive the tax sale.”

Steven B. Watkins (Bankr. M.D. Fla. 2020). “ax certificate’ means a paper or electronic legal document, representing unpaid delinquent real property taxes, non-ad valorem assessments, including special assessments, interest, and related costs and charges, issued in accordance with this chapter against a specific parcel of…”

— 197.573(1) — 1 case

A to Z Props., Inc. v. Fairway Palms II Condo. Ass'n, 137 So. 3d 453 (Fla. 4th DCA 2014). “Section 197.573, in turn, addresses the survival of restrictions and covenants after a tax sale.”

— 197.573(2) — 5 cases

Cricket Props., LLC v. Nassau Pointe at Heritage Isles Homeowners Ass'n, 124 So. 3d 302 (Fla. 2d DCA 2013). “*305 § 197.573 (emphasis added). Thus, under sections 197.”

A to Z Props., Inc. v. Fairway Palms II Condo. Ass'n, 137 So. 3d 453 (Fla. 4th DCA 2014). “Section 197.573, in turn, addresses the survival of restrictions and covenants after a tax sale.”

Sugarmill Woods Oaks Vill. Ass'n, Inc. v. Wires, 766 So. 2d 487 (Fla. 5th DCA 2000). “In the same act, the Legislature also amended section 197.573, [4] which addresses the survival of restrictions and covenants contained in a deed in the chain of title, after a tax sale.”

Gainer v. Fiddlesticks Country Club, Inc., 710 So. 2d 76 (Fla. 3d DCA 1998). “Gainer argued that, pursuant to section 197.573, Florida Statutes (1993), the covenant did not survive the tax sale.”

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