Florida surplus funds list

Florida surplus funds rules

Sales that create surplus

tax deed sale (clerk auction of a tax certificate; judicial mortgage foreclosure sale by the clerk (s. 45.031-45.033); HOA/condo lien foreclosure (judicial

Who holds the money

Clerk of the circuit court for both tax deed and foreclosure surplus.

Unclaimed funds go to

Foreclosure: 1 year after the sale, unclaimed surplus is presumed unclaimed and remitted to the Department of Financial Services (ch. 717) unless a court proceeding is pending. Surplus under $10 escheats to the clerk. Tax deed: if no claims arrive within 120 days of the clerk's notice, the titleholder of record is conclusively presumed entitled and the clerk processes the funds under ch. 717 (state unclaimed property).

How owners claim

Foreclosure: file the owner's claim (sample form in s. 45.032) with the court and clerk. The owner of record on the lis pendens date is presumed entitled after timely subordinate lienholders are paid, and the court orders the clerk to pay. Tax deed: file the clerk's notarized claim form, which comes with the mailed notice of surplus. — deadline: Foreclosure: claim within 1 year of the sale, before the funds go to DFS; lienholders have shorter deadlines. Tax deed: 120 days from the notice of surplus for lienholders and other non-owners. The property owner is exempt from the 120-day bar but the funds then go to ch. 717. After transfer, claim through DFS (fltreasurehunt.gov).

Agent / finder fee cap

Foreclosure surplus assignment: total compensation to the transferee/assignee may not exceed 12% of the surplus (s. 45.033(3)). Once funds are with DFS: 30% cap on fees or purchase discount (s. 717.135). No statutory cap found specific to tax deed surplus held by the clerk. verify

Waiting period

None in s. 45.033. The assignment must be filed with the court within 60 days after the certificate of disbursements. DFS purchase agreements must pay the seller within 30 days.

Registration

No registration for court surplus claims under ch. 45. Claimant's representatives filing with DFS must be licensed/registered under ch. 717 (agreements must show license number; the department-adopted agreement form is mandatory).

Getting the list

Clerk by clerk. Many clerks post unclaimed tax deed surplus lists or searchable tax-deed files (Pasco, Sarasota, Collier, Gulf confirmed). Miami-Dade, Broward and Hillsborough clerks have tax deed surplus pages/lists (; not fetched). Otherwise use a ch. 119 public records request to the clerk. State-held funds: fltreasurehunt.gov. verify

Law: Fla. Stat. 45.032, 45.033 (12% cap added by ch. 2018-71); 197.582; 197.473; 717.135