Florida Statutes section 45.033 surplus distribution

Florida — Tax-Deed Surplus Claim Guide

File with the county clerk handling the tax-deed sale and measure the retained 120-day statement-of-claim period from the clerk's mailed surplus notice for claimants governed by section 197.582.

Last researched Primary sources: Florida official sources

Sale type and custodian control

Choose the Florida route that created the funds

Different statutes, counties, courts, notices, and custody transitions are not interchangeable.

Tax deed

Tax-deed statement-of-claim route

File with the county clerk handling the tax-deed sale and measure the retained 120-day statement-of-claim period from the clerk's mailed surplus notice for claimants governed by section 197.582.

Think you may be owed surplus funds in this state?

Run a free name check — no upfront fees. Or call (307) 323-4303.

Free name check On-site claim form

Judicial notice

Judicial-sale notice route

Use the foreclosure case and clerk; the notice language advising an owner to check within 10 days after sale is an information check, not a universal petition deadline.

Court priority

Judicial-foreclosure priority route

The owner of record when the lis pendens was filed is rebuttably presumed entitled after timely subordinate-lien claims, subject to proof and court determination.

Record-first workflow

Trace the Florida custody sequence before filing

Verify the live official record at every step; this orientation does not decide a claimant's rights.

01

Classify a tax-deed sale

Match the tax-deed file, clerk's mailed notice, statutory claimant interest, and the notice-based claim period before using the tax route.

02

Submit to the tax-deed clerk

Use that county clerk's current procedure and preserve the mailed-notice date and filing proof.

03

Classify a judicial foreclosure

Use the foreclosure docket, sale report, notice, and clerk-held surplus rather than a tax-deed form.

04

Address subordinate claims and ownership

Review timely subordinate-lien claims, the lis-pendens ownership record, rebuttal evidence, and the requested court distribution.

No unsupported form or deadline

Prepare the records for this Florida lane

Use only dates and filing mechanics tied to the confirmed sale type, statute, custodian, and retained source.

Open the current official source

  • Tax-deed notice packet

    Collect the tax-deed number, sale date, clerk mailing, claimant interest, lien records, and proof of timely submission.

  • Judicial sale and notice

    Collect the cause number, final judgment, sale, certificate, notice, owner check, and surplus deposit.

  • Lis pendens and priority proof

    Gather the ownership record at lis pendens, subordinate liens, assignments, satisfactions, probate authority, and competing claims.

scoped limitations

Florida Tax-Deed Surplus Claim Guide

What can be researched in this Florida scope

  • Current retained scope: Tax-deed surplus under section 197.582 and judicial-foreclosure surplus under sections 45.031 and 45.033, kept as separate notice, timing, and priority workflows.
  • FCAR cannot provide legal advice, decide priority, or promise that a court, county, locality, or state will pay a claim.
  • Tax-deed timing stays in the tax lane
  • The 120-day notice-based rule cannot be applied to judicial-foreclosure surplus.
  • Ten-day check is not a filing cutoff
  • The judicial notice's owner check does not create one Florida petition deadline.
  • Former ownership is not automatic payment
  • The presumption remains rebuttable and the court evaluates timely subordinate interests and proof.
  • Which retained Florida source and sale lane match the record.
  • Which public case, parcel, notice, accounting, or custody records are still needed.
  • Which competing interests or missing authority require legal or source-completion review.

What this Florida guide cannot legally decide

  • Whether a claimant is legally entitled to all or any part of the funds.
  • Whether a lien, assignment, estate, heir, successor, creditor, or other interest has priority.
  • What filing, service, hearing, evidence, or deadline applies beyond the verified retained scope.
  • Whether a court, county, locality, or state will approve or pay a claim.

Florida Statutes section 45.031 judicial-sale procedure

Each factual statement is bound to one retained official source with a retained source, source record, and verification check.

Prefer to talk?
Call (307) 323‑4303. Do not send Social Security numbers, bank details, or original legal documents through this form.

Do not include Social Security numbers, bank details, credentials, or other sensitive identity data.

Answers remain inside the retained scope

Florida route-specific questions

When does Florida tax-deed claim timing begin?

For the retained statutory route, it is measured from the clerk's mailed surplus notice, subject to claimant-specific rules and exceptions.

Is the judicial notice's 10-day check a petition deadline?

No. It advises the owner when to ask the clerk whether additional money exists.

Who is presumed entitled in the judicial lane?

The owner of record when the lis pendens was filed is rebuttably presumed entitled after timely subordinate-lien claims, subject to the statute and court.

Can one county form cover both Florida lanes?

No. Tax-deed and judicial-foreclosure surplus use different statutes, files, notices, and procedures.

Full Circle Asset Recovery LLC is a private asset-recovery company, not a government agency. This guide provides general information only, not legal advice. FCAR cannot guarantee eligibility, recovery, or any result. Current official records and current office instructions control.