Record Services

Tax Deed Sales

Real property taxes are due each year and are payable between the months of November of the tax year up to March 31st of the next year. Effective April 1st of each year, any unpaid real property taxes become delinquent property taxes. Each year, the county Tax Collector sells Tax Certificates for delinquent real property taxes on June 1st. The purchaser of a Tax Certificate is referred to as a Certificate-Holder. A Certificate-Holder, after waiting for at least two (2) years, from April 1st of the year the certificate was sold, will make application with the Tax Collector for the real property to be sold at public auction in order to be repaid the amount owed to them, plus interest. The Application for Tax Deed file is then transferred to the Clerk of the Circuit Court for processing and subsequent Tax Deed Sale. This process is governed by Title XIV, Ch. 197 of the Florida Statutes, and by FAC 12D-13.060, Florida Department of Revenue.

BACKGROUND INFORMATION
SALE OF TAX CERTIFICATES FOR UNPAID TAXES (Section 197.432, F.S.):
Taxes become delinquent April 1st of each year. At that time, the Tax Collector begins preparing the certificate sale. A tax certificate is sold for all taxes not paid by June 1st. A tax certificate is a tax lien against the property. The certificate holder does not have any rights to the property. If no individual purchases a certificate on a piece of property at the June 1st sale, the County assumes the certificate. There are two types of tax certificates: individual and County. The owner or interested party may redeem the certificate at any time by paying to the Tax Collector the delinquent taxes and interest earned by the certificate holder. (Section 197.472, F.S.). The tax certificate has a life of seven years. (Section 197.482, F.S.).

If a certificate is not redeemed, the certificate holder may force the issue by making application for tax deed. A certificate must be two years old, from April 1st of the year the certificate was sold, to be eligible for tax deed application. (For County held certificates, the Board of County Commissioners makes application for the tax deed). The application process must begin in the Tax Collector’s office. The Tax Collector prepares the necessary paperwork (which includes Tax Collector’s certificate and legal description of property) and forwards it to the Clerk’s office. The Clerk’s office prepares the legal advertisement for the newspaper, the certified mailing of notices of the pending sale, the civil process to be served by the Sheriff’s office, the calculation of the opening bid, answers questions from public, and waits for the sale day. The certificate may be redeemed until full payment for the tax deed is made to the Clerk of Court. All redemptions are made at the Tax Collector’s Office.

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Tax Deed Sales FAQ’s

eRecording

What is eRecording?

eRecording is a secure online submission of documents to the Okaloosa County Clerk of Courts office for recording in the Official Records of Okaloosa County. eRecording eliminates the need to mail or deliver documents to our office and saves time and money for both the Clerk’s office and our customers.

Benefits of eRecording:

• Ability to submit electronically – 24 hours a day, 7 days a week
• Expedites recording process
• Increases efficiencies, streamlines workflow
• Eliminates payment errors
• Improves document security – you retain original documents
• Reduces time gap for recording

If you are a recording customer and wish to begin sending your documents to Okaloosa County electronically, then please contact one of the following eRecording vendors to learn about the benefits of eRecording with Okaloosa County Clerk of Courts Recording Office.

All vendors will be required to abide by the eRecording Business Rules that have been established to comply with the rules prescribed by the Department of State and recommended by the Florida Electronic Recording Advisory Committee.

Disclaimer: When you submit a document for eRecording, that does not constitute as the document being recorded in Okaloosa County Clerk of Court’s Official Records. Documents are recorded in the order they are received. There is no guarantee that documents will be recorded by Clerk of Court in the same day as it is eRecorded. 

eCertify

Records Management

Records Management is responsible for coordinating the agency’s records management program. Florida Law requires that every government agency “…establish and administer a Records Management Program directed to the application of efficient and economical management methods relating to the creation, utilization, maintenance, retention, preservation, and disposal of records.” (Chapter 257, F.S.). The Public Records Law, Florida Statutes, Chapter 119, states that all state, county and municipal records shall be open for personal inspection by any person. The Department of State, Judicial Rules of Administration, Division of Library and Information Services of the Department of State (aka BARM) shall adopt rules to establish retention schedules and a disposal process for public records. Chapter 119 and Judicial Rules of Administration also states that each agency shall establish a program for the disposal of records that do not have sufficient legal, fiscal, administrative, or archival value in accordance with retention schedules established by BARM.

A records management program for all levels of Florida Government is outlined in Chapters 119 and 257, Florida Statutes as well as the Judicial Rules for Administration. The records management program is very broad in scope and covers every aspect of public records, from their creation to their ultimate destruction.

Courts records are subject to Rules of Judicial Administration.  All access, retention and destruction are performed in accordance with the court rules.

Official Records

Many types of documents are recorded in the Clerk’s Office. Mortgages, deeds, assignments, leases, agreements, notices, claims of liens, satisfactions and other instruments relating to the ownership, transfer, encumbrance of or claims against real or personal property or any interest therein. Other documents recorded are court documents, declarations of domicile, and certain federal instruments.

Recording fees
The recording fee for recording a document is $10.00 for the first page and $8.50 for each additional. There is an indexing fee applied to all documents. If there are over 4 names to be indexed there is a $1.00 fee for each additional name. Recording a subdivision plat is $30.00 for the first page and $15.00 for each additional page.

Documentary stamps
This office also serves as a collection agent for the Florida Department of Revenue. It is the duty of this office to collect the required documentary and intangible taxes on documents such as deeds and mortgages unless exempt. The current documentary stamp tax fee for a deed is .70 cents per $100.00 based on the consideration. Consideration may be the amount paid, amount of any encumbrance, value of a trade, or combinations of one or more of these. Please consult with this office or the Department of Revenue for assistance in determining consideration. The current documentary stamp tax fee for a mortgage is .35 cents per $100.00 based on the mortgage amount. When figuring the documentary stamp tax, you always round up to the next hundred. Also, on a mortgage intangible tax is due at the rate of 2 mills (.002) of the actual mortgage amount.

Documentary stamp tax notice:
Failure to pay the full amount of documentary stamps due will result in a penalty under §201.17(2)(b), F.S.  The penalty is equal to 10 percent of any unpaid tax and may escalate to 50 percent of the unpaid tax, depending on the amount of time the tax is unpaid.  Interest of one percent per month is charged based upon the amount of tax due from the date of recordation until the tax is paid.  Additional penalties may apply.

There is a continuing obligation to pay documentary stamp taxes based on the consideration, as required by law and defined by code, on value paid for a deed transferring any interest in real property.  If incorrect documentary stamp taxes are paid, penalty and interest may accrue. The definition of consideration may be highly technical and may require assistance.  This office has very limited information and advises that in all cases you contact the Florida Department of Revenue for exact directions. They may be reached at Florida Department of Revenue Taxpayer Services, Monday through Friday, 7 a.m. to 6 p.m., at 800-352-3671.  Or you may want to contact James McAdams, Program Director, Property Tax Oversight, Florida Department of Revenue, PO Box 3000, Tallahassee, FL 32315-3000, 850-488-3338, [email protected].

Submitting a document for recording
Documents may be submitted for recording in person, or by mail, at either of our locations.

• 101 East James Lee Blvd., Crestview, FL 32536
• 1940 Lewis Turner Blvd., Fort Walton Beach, FL 32547

We also receive documents via e-recording vendors.

If submitted by mail, please enclose a self-addressed, stamped envelope for the document to be returned. Our office cannot accept personal checks.