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: Fla. Dist. Ct. App. | Date Filed: 2018-08-01T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2017-04-19T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-03-19T00:00:00-07:00

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

Snippet: of a tax deed. See § 197.573(1), Fla. Stat. (2010). However, while section 197.573 applies to the “usual…purpose.... ” § 197.573(2), Fla. Stat. (2010). “Thus, under sections 197.552 and 197.573(2), neither covenants…deed .... ” § 197.552, Fla. Stat. (2010). Section 197.573, in turn, addresses the survival of restrictions…. L. Weekly at D41. Thus, sections 197.552 and 197.573(2) control over section 718.116(l)(a), because …Fifth District explained: “Sections 197.552 and 197.573(2) extinguish any covenant that creates a lien

Lunohah Investments, LLC. v. Gaskell

Court: Fla. Dist. Ct. App. | Date Filed: 2013-12-27T00:00:00-08:00

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… tax deed by operation of sections 197.552 and 197.573(2), pursuant to section 720.3085(2)(b), Appellant… assessments. We reverse. Sections 197.552 and 197.573(2) specifically address the survival of restrictive…contradictory to the more specific sections 197.552 and 197.573(2). Under basic statutory principles, when two … grantee is unpersuasive. Sections 197.552 and 197.573(2) extinguish any covenant that creates a lien

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

Court: Fla. Dist. Ct. App. | Date Filed: 2013-09-20T00:00:00-07:00

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

Snippet: conditions. *305§ 197.573 (emphasis added). Thus, under sections 197.552 and 197.573(2), neither covenants…provisions in sections 197.552 and 197.573(2). Under sections 197.552 and 197.573(2), any lien Nassau may have…We reverse because, under sections 197.552 and 197.573(2), Florida Statutes (2011), any lien for unpaid…2)(b) was inapplicable and that, under section 197.573(2), tax deed purchasers acquire property free and…liens for unpaid assessments by virtue of section 197.573(2). The issue before the trial court on Nassau’

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Court: Fla. Att'y Gen. | Date Filed: 2011-04-20T00:53:00-07:00

Snippet: superior to all otherliens, except as provided by s. 197.573(2)." (e.s.) Section 197.432(1), Florida Statutes…other liens, with a stated exception in section 197.573(2), Florida Statutes, not applicable to the instant…Stat. 5 See s. 197.432(8), Fla. Stat. 6 Section 197.573(2), Fla. Stat., provides: "This section shall

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Court: Fla. Att'y Gen. | Date Filed: 2007-09-12T00:53:00-07:00

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

Sugarmill Woods Oaks Village Association, Inc. v. Wires

Court: Fla. Dist. Ct. App. | Date Filed: 2000-09-22T00:53:00-07:00

Citation: 766 So. 2d 487

Snippet: same act, the Legislature also amended section 197.573,[4] which addresses the survival of restrictions…334, § 2. Subsection two was amended to provide: 197.573. Survival of restrictions and covenants after tax…associations, it became necessary to refine section 197.573(2). In 1995, the Legislature added section 617.312… were clearly in jeopardy, pursuant to section 197.573. The Legislature could have expressly provided

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Court: Fla. Att'y Gen. | Date Filed: 1999-06-02T00:53:00-07:00

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

Gainer v. Fiddlesticks Country Club, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 1998-03-31T23:53:00-08:00

Citation: 710 So. 2d 76

Snippet: section 197.573, Florida Statutes (1993), the covenant did not survive the tax sale. Section 197.573 has …abate nuisances or undesirable conditions." § 197.573(2), Fla. Stat. (1993). There is no dispute that…Laws of Fla. The trial court interpreted section 197.573 in light of section 617.312, as the most recent…the tax deed. There is no ambiguity in section 197.573 that is clarified by the subsequent enactment of

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Court: Fla. Att'y Gen. | Date Filed: 1997-08-05T00:53:00-07:00

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: Fla. | Date Filed: 1993-05-06T00:00:00-07:00

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