Florida Florida Statutes

§ 197.582 — Disbursement of proceeds of sale

FS § 197.582Ch. 197

Statute text

(1)If the property is purchased by any person other than the certificateholder, the clerk shall forthwith pay to the certificateholder all of the sums he or she has paid, including the amount required for the redemption of the certificate or certificates together with any and all subsequent unpaid taxes plus the costs and expenses of the application for deed, with interest on the total of such sums for the period running from the month after the date of application for the deed through the month of sale at the rate of 1.5 percent per month. The clerk shall distribute the amount required to redeem the certificate or certificates and the amount required for the redemption of other tax certificates on the same land with omitted taxes and with all costs, plus interest thereon at the rate of 1.5 percent per month for the period running from the month after the date of application for the deed through the month of sale, in the same manner as he or she distributes money received for the redemption of tax certificates owned by the county. (2)(a) If the property is purchased for an amount in excess of the statutory bid of the certificateholder, the surplus must be paid over and disbursed by the clerk as set forth in subsections (3), (5), and (6). If the opening bid included the homestead assessment pursuant to s. 197.502(6)(c), that amount must be treated as surplus and distributed in the same manner. The clerk shall distribute the surplus to the governmental units for the payment of any lien of record held by a governmental unit against the property, including any tax certificates not incorporated in the tax deed application and omitted taxes, if any. If there remains a balance of undistributed funds, the balance must be retained by the clerk for the benefit of persons described in s. 197.522(1)(a), except those persons described in s. 197.502(4)(h), as their interests may appear. The clerk shall mail notices to such persons notifying them of the funds held for their benefit at the addresses provided in s. 197.502(4). Such notice constitutes compliance with the requirements of s. 717.117(6). Any service charges and costs of mailing notices shall be paid out of the excess balance held by the clerk. Notice must be provided in substantially the following form:NOTICE OF SURPLUS FUNDS FROM TAX DEED SALECLERK OF COURT COUNTY, FLORIDATax Deed # Certificate # Property Description: Pursuant to chapter 197, Florida Statutes, the above property was sold at public sale on (date of sale) , and a surplus of $ (amount) (subject to change) will be held by this office for 120 days beginning on the date of this notice to benefit the persons having an interest in this property as described in section 197.502(4), Florida Statutes, as their interests may appear (except for those persons described in section 197.502(4)(h), Florida Statutes).To the extent possible, these funds will be used to satisfy in full each claimant with a senior mortgage or lien in the property before distribution of any funds to any junior mortgage or lien claimant or to the former property owner. To be considered for funds when they are distributed, you must file a notarized statement of claim with this office within 120 days of this notice. If you are a lienholder, your claim must include the particulars of your lien and the amounts currently due. Any lienholder claim that is not filed within the 120-day deadline is barred.A copy of this notice must be attached to your statement of claim. After the office examines the filed claim statements, it will notify you if you are entitled to any payment.Dated: Clerk of Court

(b)The mailed notice must include a form for making a claim under subsection (3). Service charges at the rate set forth in s. 28.24(11) and the costs of mailing must be paid out of the surplus funds held by the clerk. If the clerk or comptroller certifies that the surplus funds are not sufficient to cover the service charges and mailing costs, the clerk shall receive the total amount of surplus funds as a service charge. For purposes of identifying unclaimed property pursuant to s. 717.113, excess proceeds shall be presumed payable or distributable on the date the notice is sent.

(3)A person receiving the notice under subsection (2) has 120 days from the date of the notice to file a written claim with the clerk for the surplus proceeds. A claim in substantially the following form is deemed sufficient:Complete and return to: By mail: By e-mail: Note: The Clerk of the Court must pay all valid liens before distributing surplus funds to a titleholder.Claimant's name: Contact name, if applicable: Address: Telephone Number: E-mail Address: Tax No.: Date of sale (if known): I am not making a claim and waive any claim I might have to the surplus funds on this tax deed sale. I claim surplus proceeds resulting from the above tax deed sale.I am a (check one): ☐Lienholder; ☐Titleholder.(1) LIENHOLDER INFORMATION (Complete if claim is based on a lien against the sold property).(a) Type of Lien: Mortgage; Court Judgment; OtherDescribe in detail: If your lien is recorded in the county's official records, list the following, if known:Recording date: ; Instrument #: ; Book #: ; Page #: .(b) Original amount of lien: $ (c) Amounts due: $ 1. Principal remaining due: $ 2. Interest due: $ 3. Fees and costs due, including late fees: $ (describe costs in detail, include additional sheet if needed).4. Attorney fees: $ (provide amount claimed): $ (2) TITLEHOLDER INFORMATION (Complete if claim is based on title formerly held on sold property.)(a) Nature of title (check one): ☐Deed; ☐Court Judgment; ☐Other (describe in detail) .(b) If your former title is recorded in the county's official records, list the following, if known:Recording date: ; Instrument #: ; Book #: ; Page #: .(c) Amount of surplus tax deed sale proceeds claimed: $ (d) Does the titleholder claim the subject property was homestead property? Yes No.(3) I hereby swear or affirm that all of the above information is true and correct.Date: Signature: STATE OF FLORIDA COUNTYSworn to or affirmed and signed before me on (date) by (name of affiant) .NOTARY PUBLIC or DEPUTY CLERK (Print, Type, or Stamp Commissioned Name of Notary) Personally Known, orProduced Identification: Identification Produced:

(4)A claim may be:(a) Mailed using the United States Postal Service. The filing date is the postmark on the mailed claim;

(b)Delivered using either a commercial delivery service or in person. The filing date is the day of delivery; or

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Legislative history

s. 8, ch. 17457, 1935; CGL 1936 Supp. 999(143); s. 31, ch. 20722, 1941; ss. 1, 2, ch. 69-55; s. 1, ch. 72-268; ss. 22, 34, ch. 73-332; s. 4, ch. 77-354; s. 3, ch. 79-334; s. 6, ch. 81-284; s. 6, ch. 82-205; s. 196, ch. 85-342; s. 1030, ch. 95-147; s. 10, ch. 96-397; s. 2, ch. 2003-284; s. 90, ch. 2003-402; s. 51, ch. 2011-151; s. 8, ch. 2014-211; s. 3, ch. 2018-160; s. 23, ch. 2021-116; s. 61, ch. 2024-140.