Florida

Unpaid real ad valorem and non-ad valorem taxes become a first-priority sovereign lien on January 1 of the tax year, superior to all mortgages and private liens. If unpaid by April 1 following the tax year, tax certificates are sold via competitive bidding under § 197.432. If unredeemed after two years, the certificate holder may initiate a tax deed application leading to public auction and extinguishing junior mortgages.

Fla. Stat. ch. 197 (Tax Collections, Sales, and Liens).

Preempts local building technical codes and mandates strict parcel-level adherence to high-velocity hurricane, impact-resistant glazing, wind load engineering, and flood elevation construction criteria enforced by local building officials through mandatory permitting, inspections, and certificates of occupancy.

Fla. Stat. ch. 553, Part IV (Florida Building Codes Act).

Prohibits local authorities from issuing development orders, rezonings, or building permits for a parcel unless public infrastructure (roads, potable water, wastewater, stormwater management) meets statutory 'concurrency' capacity standards required by the state-monitored Local Government Comprehensive Planning and Land Development Regulation Act.

Fla. Stat. ch. 163, Part II (Community Planning Act).

Requires statutory warning language to be included in at least one document or form prior to or at the execution of every contract for sale or rental agreement. Alerts purchasers to the risks of radon gas, state testing benchmarks, and public health advisories.

Fla. Stat. § 404.056(5).

applies when — Parcel is situated partially or wholly seaward of the Florida Coastal Construction Control Line established under § 161.053

Imposes strict state-level environmental and engineering permitting controls administered by the Florida Department of Environmental Protection (DEP) prohibiting any excavation, construction, or alteration without a CCCL permit, overriding general local zoning. Any contract for sale must contain a mandatory statutory disclosure statement informing the buyer that the parcel is subject to CCCL restrictions and potential erosion risks.

Fla. Stat. §§ 161.053, 161.57.

applies when — Parcel is sited within an established Chapter 190 Community Development District

Binds the parcel to non-ad valorem assessments levied directly by the CDD board to fund infrastructure bonds (capital assessments) and operations/maintenance (O&M assessments). These assessments are co-equal in lien priority with municipal and county ad valorem real property taxes, collected via the annual uniform tax bill under § 197.3632, and subject the parcel to immediate tax certificate sale or tax deed loss if unpaid. Contracts must provide an explicit bolded statutory CDD disclosure.

Fla. Stat. § 190.021, § 190.048, and ch. 197.

applies when — Residential parcel located within a master-planned or subdivided community governed by a recorded declaration under Chapter 720

Subject to restrictive covenants, architectural controls, and assessment obligations imposed by the association. Unpaid assessments form a statutory lien against the parcel with authority to foreclose judicially. Prospective purchasers must be served a mandatory statutory disclosure summary (§ 720.401) prior to executing any purchase contract; failure to provide it provides the buyer an absolute voidability window of up to 3 days from receipt or until closing.

Fla. Stat. ch. 720 (Homeowners' Associations), specifically §§ 720.3085, 720.401.

Non-judicial/power-of-sale foreclosure is prohibited; all mortgage encumbrances must be foreclosed through an equitable action in the circuit court. Homeowners hold an equity of redemption allowing satisfaction of the debt and dismissal until the clerk files the certificate of sale under § 45.031. Following sale, a statutory 10-day objection window applies before the clerk issues the final certificate of title conveying ownership.

Fla. Stat. ch. 702 (Mortgage Foreclosure) & § 45.031 (Judicial Sales Procedure).

Requires residential real property sellers to complete and deliver a statutory flood disclosure form prior to or at the time of executing the sales contract. Must disclose whether the seller has ever filed an insurance claim relating to flood damage with any carrier, including the NFIP, and whether the seller has ever received federal disaster assistance for flood damage on the parcel.

Fla. Stat. § 689.261 (enacted under HB 1049, eff. October 1, 2024).

Imposes an affirmative common-law duty on sellers of residential real property to disclose all facts known to the seller materially affecting the value or desirability of the property that are not readily observable and are not known to the buyer. 'As-is' contractual clauses do not relieve the seller of liability for fraudulent concealment or failure to disclose known latent material defects.

Johnson v. Davis, 480 So. 2d 625 (Fla. 1985) and progeny.

applies when — Owner maintains legal or beneficial title and establishes the parcel as their permanent primary residence as of January 1 and files by March 1

Reduces taxable value by up to $50,000: base $25,000 exemption applies to all taxing authorities (including school districts); second $25,000 exemption applies to assessed value between $50,000 and $75,000 for non-school millage. Also confers the 'Save Our Homes' (SOH) cap, restricting annual increases in assessed value to the lesser of 3% or the Consumer Price Index (CPI). Upon transfer of ownership, SOH and exemptions reset, reassessing the parcel to full just value on January 1 of the following year.

Fla. Const. art. VII, § 4(d) & § 6; Fla. Stat. §§ 193.155, 196.031.

Parcels are assessed annually at 100% just value (market value) as of January 1 by county property appraisers. Tax formula: Tax Bill = (Taxable Value / 1,000) * Total Levied Millage Rate. Assessed Value = Just Value - Assessment Limitations. Taxable Value = Assessed Value - Applicable Exemptions. Millage rates (1 mill = $1 per $1,000 taxable value) are set by overlapping local taxing jurisdictions (county, municipal, school district, water management). Property taxes are billed in October/November and must be paid by March 31 of the following year.

Fla. Const. art. VII; Fla. Stat. ch. 192, 193, 200.

applies when — The residential property was built prior to 1978.

Sellers and lessors must provide purchasers and lessees with a lead hazard information pamphlet and disclose any known lead-based paint or hazards before becoming obligated under a contract.

Enforced by the EPA and HUD under the Residential Lead-Based Paint Hazard Reduction Act of 1992.

applies when — The parcel is located within a designated Special Flood Hazard Area (SFHA) and the owner receives a mortgage backed by a federally regulated lender or government entity (GSE, FHA, VA, USDA).

Requires the property owner to maintain flood insurance coverage for the duration of the mortgage loan to protect the collateral.

Governed by the Flood Disaster Protection Act of 1973 (FDPA) and the National Flood Insurance Act of 1968.

applies when — The parcel is located within a Special Flood Hazard Area (SFHA) as identified by FEMA Flood Insurance Rate Maps and the loan is secured by a federally regulated or backed lending institution.

Requires the property owner to maintain flood insurance coverage for the duration of the loan. Failure to maintain coverage allows the lender to force-place insurance at the borrower's expense.

Governed by the Flood Disaster Protection Act of 1973 (FDPA) and the National Flood Insurance Act of 1968.

applies when — Parcel encumbered by a mortgage or occupied by a residential tenant where the mortgagor or lessee entered active-duty military service.

Stays non-judicial foreclosure proceedings, property seizure, and eviction for parcels owned or leased by qualifying servicemembers. Foreclosure or distress sales initiated during military service or within one year after service are strictly invalid and void unless conducted pursuant to a valid court order or an express written waiver executed during or after military service.

Servicemembers Civil Relief Act of 2003 (Pub. L. 108-189; 50 U.S.C. § 3953 and 50 U.S.C. § 3955), originally enacted as the Soldiers' and Sailors' Civil Relief Act of 1940; amended by the Military Spouses Residency Relief Act.

applies when — Parcel where the federal government (EPA) has incurred response costs for cleanup or remediation of hazardous substance releases, and the parcel owner was provided written notice of potential liability.

Establishes a statutory federal lien upon the parcel running in favor of the United States for all unrecovered cleanup costs, damages, and statutory interest incurred by the EPA. Rate and formula: Direct Dollar-for-Dollar Reimbursement (Lien Amount = Incurred Response Costs + Administrative Costs + Statutory Interest under 42 U.S.C. § 9607(a)). Exemptions: Bona Fide Prospective Purchasers (BFPP) and Innocent Landowners under the Small Business Liability Relief and Brownfields Revitalization Act are exempt from personal liability if they perform All Appropriate Inquiries (AAI Phase I ESA) prior to purchase and comply with ongoing continuing obligations, though a 'windfall lien' may still attach to the parcel up to the unearned increase in fair market value attributable to the response action.

CERCLA of 1980, Section 107(l) (42 U.S.C. § 9607(l)) and Section 107(r) (Windfall Liens), as amended by SARA (1986) and the Brownfields Revitalization Act of 2002.

applies when — Parcel contains designated critical habitat or supports listed threatened or endangered animal species under the Endangered Species Act.

Makes it unlawful to 'take' listed species (including significant habitat modification or degradation that impairs breeding, feeding, or sheltering). Precludes parcel clearing, tree removal, earthmoving, or construction unless the property owner prepares an approved Habitat Conservation Plan (HCP) and secures an Incidental Take Permit under Section 10(a) or receives Section 7 interagency consultation clearance.

Endangered Species Act of 1973, 16 U.S.C. §§ 1538-1539; 50 CFR Parts 17 and 222.

applies when — Parcel contains a historic property listed on, or eligible for listing on, the National Register of Historic Places, subject to an undertaking involving federal permits, licenses, funding, or loan guarantees (e.g., HUD, USDA, or USACE approvals).

Mandates federal agencies to evaluate the effect of the proposed residential undertaking on historic properties and consult with State Historic Preservation Officers (SHPO) and Tribal Historic Preservation Officers (THPO). Restricts structural alterations, ground disturbance, demolition, or aesthetic elevations that cause adverse effects, often requiring formal Memoranda of Agreement (MOA) and mitigation measures.

National Historic Preservation Act of 1966, recodified at 54 U.S.C. § 306108; implementing regulations at 36 CFR Part 800.

applies when — Parcel contains delineated 'waters of the United States' (WOTUS), including jurisdictional wetlands, streams, or navigable waterways.

Prohibits the discharge of dredged or fill material into jurisdictional waters on the parcel without an individual or nationwide permit issued by the U.S. Army Corps of Engineers (USACE). Restricts residential site grading, bulkheading, retention pond construction, or development footprints, and may require expensive compensatory mitigation or off-site wetland credits to disturb designated acreage.

Federal Water Pollution Control Act Amendments of 1972 (Clean Water Act), 33 U.S.C. § 1344; joint regulations at 33 CFR Parts 320-332 and 40 CFR Part 230.

applies when — Parcel securing a residential loan guaranteed under the Department of Veterans Affairs (VA) Home Loan program.

Imposes mandatory VA Minimum Property Requirements (MPRs) ensuring the residential dwelling is safe, structurally sound, and sanitary. Mandates specific parcel covenants, including permanent year-round vehicular access, dedicated continuous utilities, separation from environmental/industrial hazards (such as high-voltage lines or pipeline easements), and certified termite/wood-destroying insect clearance in designated infestation zones.

Servicemen's Readjustment Act of 1944; 38 U.S.C. Chapter 37; 38 CFR Part 36; VA Pamphlet 26-7 (Lenders Handbook), Chapter 12.

applies when — Parcel securing a residential purchase or refinance financed through an FHA-insured Title II mortgage.

Binds the parcel to HUD's Minimum Property Standards (MPS) covering basic safety, soundness, and security (e.g., structural integrity, adequate heating, safe potable water, clear drainage, lead-free surfaces). Imposes parcel-level statutory loan limits capping the insurable mortgage amount by county/MSA (ranging from the national 'floor' to the national 'ceiling' based on median county home prices). Non-compliant property deficiencies must be cured as a condition precedent to endorsement.

National Housing Act of 1934; 12 U.S.C. § 1709; 24 CFR Part 200, Subpart S; HUD Handbook 4000.1 (Single Family Housing Policy Handbook), adjusted annually by HUD Mortgagee Letters.

applies when — Disposition of a United States Real Property Interest (USRPI) where the transferor (seller) is a foreign person (non-resident alien individual, foreign corporation, foreign partnership, trust, or estate).

Imposes an affirmative withholding tax obligation on the transferee (buyer) to withhold and remit tax on the gross amount realized (gross sales price). The statutory base withholding rate is 15% of the total purchase price (Formula: Tax = Amount Realized × 15%). Exemptions and reductions: (1) 0% withholding applies if the amount realized is $300,000 or less AND the buyer certifies personal residence occupancy for at least 50% of days used over each of the first two 12-month periods; (2) reduced withholding rate of 10% applies if the amount realized exceeds $300,000 but does not exceed $1,000,000 and the buyer meets the personal residence requirement (Formula: Tax = Amount Realized × 10%); (3) withholding can be reduced or eliminated if an IRS Withholding Certificate (Form 8288-B) is obtained or if the seller furnishes a Non-Foreign Status Certification.

Internal Revenue Code Section 1445 (26 U.S.C. § 1445), originally enacted under FIRPTA of 1980; standard rate increased from 10% to 15% under the Protecting Americans from Tax Hikes (PATH) Act of 2015, effective February 16, 2016.

applies when — Residential 'target housing' constructed prior to 1978 offered for sale or lease (excluding zero-bedroom dwellings, housing for the elderly or persons with disabilities unless a child under 6 resides there, and certified lead-free properties).

Requires sellers and landlords to disclose known lead-based paint and lead-based paint hazards, provide all available evaluation reports/records, provide the EPA-approved informational pamphlet 'Protect Your Family From Lead in Your Home', and grant prospective buyers a 10-day inspection period (subject to mutual written waiver). Parties must execute a formal disclosure attachment; failure exposes non-compliant parties to statutory civil penalties and treble damages.

Residential Lead-Based Paint Hazard Reduction Act of 1992 (Title X of Pub. L. 102-550; 42 U.S.C. § 4852d); joint HUD/EPA regulations at 24 CFR Part 35, Subpart A and 40 CFR Part 745, Subpart F.

applies when — The parcel contains covered multifamily residential dwellings designed and constructed for first occupancy after March 13, 1991 (defined as all dwelling units in buildings with 4 or more units with an elevator, or ground floor dwelling units in buildings with 4 or more units without an elevator).

Imposes mandatory physical structural criteria on the parcel improvements: (1) accessible building entrance on an accessible route, (2) accessible public and common use areas, (3) usable doors for wheelchairs, (4) accessible routes into and through each dwelling unit, (5) light switches, electrical outlets, and environmental controls in accessible locations, (6) reinforced bathroom walls for grab bar installation, and (7) usable kitchens and bathrooms permitting wheelchair maneuvering. Non-conforming improvements require mandatory structural retrofits and subject developers/owners to federal civil actions.

Fair Housing Amendments Act of 1988 (42 U.S.C. 3604(f)(3)(C)); HUD regulations at 24 CFR 100.205.

applies when — The parcel secures a residential mortgage originated before the property owner entered active military service, where the debt is enforced during or within one year after active military service.

Restricts lender foreclosure rights by nullifying any non-judicial foreclosure, sale, or seizure of the residential parcel without a court order or valid written waiver executed by the servicemember during or after active duty. Courts are empowered to stay foreclosure proceedings or adjust loan payments. Foreclosing without a court order constitutes a federal criminal misdemeanor and exposes the lender to civil damages.

50 U.S.C. 3953; codified originally as the Soldiers' and Sailors' Civil Relief Act of 1940, modernized under the Servicemembers Civil Relief Act of 2003 (Pub. L. 108-189).

applies when — The residential parcel is owned by a person or entity that has neglected or refused to pay any assessed federal tax liability (income, gift, estate, or payroll tax) after formal demand.

Under IRC § 6321, a statutory lien arises automatically as of the date of assessment and attaches to all real property owned or acquired by the taxpayer. Upon the IRS filing a Notice of Federal Tax Lien (NFTL) in local county land records under IRC § 6323, it perfects priority against subsequent purchasers, mortgagees, and judgment lien creditors. Rate and computation: The lien secures 100% of the underlying unpaid tax assessment, plus compounding interest under IRC § 6621 (the federal short-term rate plus 3 percentage points) and statutory late-payment penalties under IRC § 6651 (0.5% per month, up to a maximum cap of 25%). No parcel-level homestead exemption exists under federal law against an IRC § 7403 judicial foreclosure or tax collection lien.

Internal Revenue Code (IRC) §§ 6321, 6322, 6323.

applies when — The parcel is improved with target residential housing built before 1978 undergoing renovation, repair, or painting activities for compensation that disturb more than 6 sq. ft. of interior painted surface or 20 sq. ft. of exterior painted surface.

Legally prohibits uncertified contractors from performing qualifying physical alterations on the home. Contractors must be EPA-certified and adhere to specific lead-safe containment, containment plastic barriers, HEPA vacuuming, and cleaning verification protocols. Imposes strict recordkeeping burdens and exposes property alterations to federal administrative stop-work orders and civil fines for uncontained lead dust contamination.

Promulgated under TSCA § 402(c)(3) (15 U.S.C. 2682); codified at 40 CFR Part 745, Subpart E; fully effective April 22, 2010.

applies when — The parcel contains wetlands, streams, or waterways that meet the definition of 'Waters of the United States' (WOTUS) as delineated under the Clean Water Act.

Prohibits the discharge of dredged or fill material into jurisdictional wetlands or waters without a permit issued by the U.S. Army Corps of Engineers (USACE). Restricts residential site grading, driveway installation, structural foundation expansion, or shoreline bulkheading; unauthorized fill mandates compulsory site restoration and subjects parcel owners to civil penalties exceeding $50,000 per day under 33 U.S.C. 1319.

Federal Water Pollution Control Act (Clean Water Act), 33 U.S.C. 1344; current delineation criteria governed in accordance with Sackett v. EPA (2023) and conforming federal rulemaking (40 CFR Part 120 / 33 CFR Part 328).

applies when — The residential parcel is listed in or eligible for listing in the National Register of Historic Places, or lies within an eligible historic district, and involves an action subject to federal agency funding, permitting, licensing, or mortgage assistance (e.g., HUD/FHA, VA, USDA, or USACE permits).

Federal agencies must assess adverse effects on historic resources prior to approving loans, grants, or permits. Parcel alterations, demolitions, or rehabilitation programs that receive federal assistance are subjected to binding Section 106 consultation with the State Historic Preservation Officer (SHPO) and must adhere to the Secretary of the Interior's Standards for the Treatment of Historic Properties, restricting unapproved structural modifications or exterior elevation changes.

National Historic Preservation Act of 1966 (54 U.S.C. 306108, formerly 16 U.S.C. 470f); regulations codified at 36 CFR Part 800.

applies when — The parcel is being purchased or refinanced using FHA-insured Title II financing under the National Housing Act.

Restricts financing eligibility based on parcel and structural criteria: (1) County Loan Limits cap the maximum insurable mortgage balance per parcel based on local median housing costs (ranging from a federal statutory floor of 65% of the national conforming limit up to a statutory ceiling of 150%). (2) Imposes mandatory HUD Minimum Property Standards (MPS; HUD Handbook 4000.1 / 24 CFR Part 200) requiring mandatory appraisal repair escrows or seller cures for deficiencies regarding structural soundness, safety, soil stability, drainage, well/septic separation buffers, and lead paint encapsulation before loan endorsement.

National Housing Act of 1934, as amended (12 U.S.C. 1709); annual loan limit updates promulgated under the Housing and Economic Recovery Act of 2008 (HERA).

applies when — The parcel constitutes a U.S. Real Property Interest (USRPI) transferred or disposed of by a 'foreign person' (non-resident alien individual, foreign corporation, foreign partnership, or foreign trust/estate).

Imposes an absolute statutory obligation on the transferee/buyer to withhold gross tax from the total amount realized (purchase price) upon disposition and remit it to the IRS within 20 days using Forms 8288 and 8288-A. Rate structure and formula: Base statutory withholding rate is 15% of the gross sales price. Residential personal residence exemption computation: (1) If the gross sales price does not exceed $300,000 AND the buyer (or family member) intends to use the parcel as a personal residence for at least 50% of days used during each of the first two 12-month periods, the withholding rate is 0%. (2) If the gross sales price exceeds $300,000 but does not exceed $1,000,000 and meets the same personal residence test, the withholding rate is reduced to 10% of the gross sales price. (3) For all sales exceeding $1,000,000, or where the buyer does not satisfy the personal residence requir

Internal Revenue Code (IRC) § 1445; enacted via the Foreign Investment in Real Property Tax Act of 1980, with standard rate increased from 10% to 15% pursuant to the PATH Act of 2015.

applies when — The parcel is improved with 'target housing,' defined as any residential dwelling constructed prior to 1978, except housing for the elderly or persons with disabilities (unless a child under age 6 resides or is expected to reside there) or 0-bedroom dwellings.

Before a purchaser or lessee becomes obligated under any contract to buy or lease, the seller or landlord must: (1) provide an EPA-approved lead hazard information pamphlet ('Protect Your Family From Lead In Your Home'), (2) disclose any known lead-based paint or hazards and provide all available records/evaluations, (3) attach a federal Lead Warning Statement and disclosure certification to the contract, and (4) afford buyers a mandatory 10-day mutual inspection period (waivable in writing) to conduct a risk assessment. Failure to comply exposes violators to civil liability, statutory treble damages, and administrative penalties up to statutory maximums per violation.

Enacted under Title X of the Housing and Community Development Act of 1992 (42 U.S.C. 4852d), implemented jointly by EPA and HUD at 40 CFR Part 745 / 24 CFR Part 35.

applies when — Parcel contains improved real estate or a manufactured home situated within a FEMA-designated Special Flood Hazard Area (SFHA, such as Zones A or V / 100-year floodplain) in an NFIP-participating community, where financing is secured via a federally regulated, supervised, or insured lender (including GSEs, FHA, VA, USDA).

Mandates borrower to purchase and maintain flood insurance coverage (via NFIP or qualifying private flood insurance policy) for the term of the mortgage up to the lesser of the outstanding principal loan balance, the maximum NFIP statutory limit ($250,000 for residential 1-4 units), or the insurable value of the property. Lenders must escrow flood insurance premiums unless specific small-lender exceptions apply.

Established under the Flood Disaster Protection Act of 1973 (42 U.S.C. § 4012a) and National Flood Insurance Act of 1968, amended by the Biggert-Waters Flood Insurance Reform Act of 2012; private flood insurance acceptance regulations updated at 24 CFR Part 203 (FHA, 2022).