Guide 04
2 min read · updated September 27, 2026
The sale is not the end of the process; it is the start of the part the notices never describe. This is the general Florida sequence under chapter 197 of the Florida Statutes. Each clerk publishes its own terms, and those govern.
The winning bidder posts a deposit at the time of sale. Many clerks require the greater of $200 or 5% of the bid, and many notices say so. The balance, together with documentary stamp tax and recording fees, is due within the deadline the clerk sets -- commonly within a day or so. Miss it and the deposit is forfeited.
Once payment clears, the clerk issues the tax deed. This is the moment that matters: the owner's right to redeem ends when the deed is issued, not when the bidding closes. The deed is then recorded in the county's official records.
When the winning bid is higher than the opening bid, the difference is surplus. The clerk holds it and notifies the people with an interest: lienholders on the parcel and the former owner. They must file claims within the period the clerk's notice gives, and the clerk (or a court, when claims conflict) decides who is paid. Unclaimed surplus eventually goes to the county.
A parcel with no bid at or above the opening bid is placed on the clerk's list of lands available for taxes. From then on anyone may buy it from the clerk for the opening bid, without an auction. A parcel that stays unsold on the list for the statutory period passes to the county.
A Florida tax deed extinguishes most private liens on the parcel, such as mortgages and judgment liens. It does not clear everything: some government liens, easements, restrictions and similar interests can survive. Because the tax deed process is not a court judgment, title insurers often require a quiet title action -- a court proceeding confirming the title -- before they will insure. That adds time and cost that belongs in any bid.
If someone is living in the property, the new owner still has to obtain possession lawfully, which can mean a court process. The notice will not tell you whether a parcel is occupied.
The parcels going to sale this month are on the sale calendar; the first guide explains how they got there.
The deposit is forfeited and the clerk re-offers the parcel, typically at a later sale. Clerks' terms say how quickly the balance is due and what is lost if it is not paid; read them before bidding.
Yes, from the surplus. Whatever the winning bid exceeds the opening bid by is held by the clerk, and lienholders and the former owner can claim it. Claims have to be filed within the period the clerk's notice of surplus gives.
General information about Florida procedure, not legal advice. Each clerk sets its own sale terms, and statutes change; confirm with the clerk of court before bidding.