Florida Statutory Intelligence Hub
Florida Tax Deed Surplus
Public Records & Docket Feeds
Under Florida Statute § 197.582, when a tax deed auction produces proceeds exceeding the delinquent taxes, interest, and statutory clerk fees, the balance constitutes a surplus fund held by the Clerk of the Circuit Court for the benefit of recorded lienholders and the record property owner at the time of sale.
Key Florida Surplus Framework:
- 1. Statutory Filing Window: Lienholders and owners have a statutory claim period (typically 120 days from clerk notice under § 197.582(2)) before unclaimed funds remit to the state.
- 2. Third-Party Representative Cap: Fla. Stat. § 197.582 establishes a statutory cap of 20% on third-party surplus recovery compensation fees.
- 3. Seniority Order: Governmental liens take superior priority, followed by recorded mortgagees and judgment creditors, with the net residual estate payable to the former titleholder.
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