Florida Surplus Funds Law

Florida Statute 197.582, Explained

When property is sold at a Florida tax deed auction for more than the delinquent taxes owed, the excess — the "surplus" — belongs to the former owner. Here's how the law works.

What Is Florida Statute 197.582?

Florida Statute § 197.582 governs the disbursement of proceeds from tax deed sales. When the winning bid at a tax deed auction exceeds the amount required to satisfy delinquent taxes, fees, and costs, the remaining money is called surplus funds.

Under the statute, the Clerk of the Circuit Court must hold these funds and pay them out in a specific order of priority: first to government lienholders, then to other lienholders of record, and finally to the former owner of record.

The Order of Disbursement

  1. Outstanding governmental liens (e.g., code enforcement)
  2. Mortgages and other liens of record, by priority
  3. The former property owner — that's where most surplus ends up

If no one claims the surplus within 120 days of notice, the funds may eventually escheat to the state — meaning the money is lost forever.

Why Most People Never Claim

  • The Clerk's notice is mailed to the property address — which the former owner no longer occupies.
  • The legal process is unfamiliar and intimidating.
  • Owners don't know the surplus exists or that they're entitled to it.

That's where we come in. We identify eligible former owners, locate them, and handle the claims process from start to finish.

Important Disclaimer

Meraki Management Services LLC is not a law firm and does not provide legal advice. This page is for general informational purposes only. For legal advice specific to your situation, consult a licensed Florida attorney.