Florida tax deed surplus funds
When a property sells for more than the opening bid, the extra is surplus. Here's how section 197.582, Florida Statutes, handles it. It's a plain summary, not legal advice.
- The certificate holder is paid first. If someone else buys the property, the clerk repays the holder with interest at 1.5% a month.
- Government liens come next. Governmental units with recorded liens are paid from the surplus first, and must ask within 120 days after the notice is mailed.
- The clerk mails notice. People with an interest in the property have 120 days from the notice date to file a written claim with the clerk.
- Late claims are barred. A claim not filed by close of business on the 120th day is barred, and a non-owner who misses it gives up their interest.
- The clerk acts within 90 days after the claim period ends. If claims conflict, the clerk may ask the circuit court to decide.
- No claims? If nobody claims within 120 days, the legal titleholder of record is presumed entitled, and the clerk handles the money under chapter 717, unclaimed property.
You don't need to pay someone to file
Gulf County's clerk says it plainly: YOU ARE NOT REQUIRED TO OBTAIN A THIRD PARTY TO SUBMIT AN APPLICATION FOR TAX DEED SURPLUS FUNDS.
Each clerk publishes a claim form. Start at your county's page.
Read at leg.state.fl.us on November 6, 2026. If the opening bid included a homestead amount, that amount is treated as surplus too (s. 197.582(2)(a)).