Quick answer (TL;DR)
In Florida, the purchase contract decides who pays each closing cost. On the Florida Realtors/Florida Bar “AS IS” contract, the seller’s list includes documentary stamp tax on the deed ($0.70 per $100 of the price in Palm Beach County) and association estoppel fees, while the buyer’s list includes the mortgage taxes ($0.35 per $100 in stamp tax plus a 2-mill intangible tax), recording and the lender’s title policy; a checked box decides who pays the owner’s policy. On a $1,000,000 purchase with a $700,000 loan, the state-set items include $7,000 in deed tax, $2,450 in mortgage stamp tax, $1,400 in intangible tax and a $5,075 owner’s title premium.
Most Florida closing costs fall into two groups: amounts fixed by statute or rule, which you can calculate to the dollar, and amounts set by lenders and vendors, which only a quote can give you.
Who pays closing costs in Florida? The contract decides
No Florida statute divides the closing statement between buyer and seller. The tax statutes say what is owed, and for documentary stamp tax the Department of Revenue adds that “all parties to the document are liable for the tax regardless of which party agrees to pay the tax.” The split itself is a matter of contract.
The residential contract forms approved by Florida Realtors and The Florida Bar spell out a default split. Paragraph 9 of the “AS IS” Residential Contract for Sale and Purchase sets out two printed lists, one for each side. We checked two editions that are publicly available (ASIS-4, Rev. 9/15, and ASIS-5x, Rev. 6/19), and the lists match. Forms are revised from time to time, so confirm the wording in the edition you sign.
| Item | Who pays on the FR/BAR “AS IS” form | Set by |
|---|---|---|
| Documentary stamp tax (and any surtax) on the deed | Seller | s. 201.02, F.S. |
| HOA or condominium association estoppel fees | Seller | Capped by ss. 718.116(8) and 720.30851, F.S. |
| Recording and other fees needed to cure title | Seller | s. 28.24, F.S. (recording) |
| Owner’s title policy premium, title search and closing services | Seller if box 9(c)(i) is checked; buyer if 9(c)(ii) is checked | Premium: Rule 69O-186.003, F.A.C. |
| Taxes and recording fees on notes and mortgages | Buyer | ss. 201.08, 199.133 and 28.24, F.S. |
| Recording fees for the deed | Buyer | s. 28.24, F.S. |
| Lender’s title policy and endorsements | Buyer | Rule 69O-186.003, F.A.C. (premium) |
| Loan expenses, appraisal, survey, inspections, property insurance | Buyer | Varies |
| HOA or condominium application or transfer fees | Buyer | Varies by association |
| Each side’s own attorney’s fees | Each party | Varies |
Paragraph 9(c) is the one to read twice. Under option (i), the seller picks the closing agent and pays for the owner’s policy and related charges, and the buyer pays for the lender’s policy and loan closing. Under option (ii), the buyer picks the closing agent and pays for the owner’s policy. Option (iii) is a Miami-Dade/Broward regional provision. Palm Beach County has no regional option on the form, so the box checked in your contract is the answer. Our separate guide on who pays title insurance in Florida goes deeper on that choice.
Florida documentary stamp tax on the deed: $0.70 per $100
Section 201.02(1)(a), Florida Statutes, taxes deeds and other documents that transfer real property: “on each $100 of the consideration therefor the tax shall be 70 cents.” The Department of Revenue applies it to each $100 “or portion thereof,” so a price is divided by 100 and any remainder rounds up to a full unit. Consideration includes money paid and any mortgage on the property, whether or not the buyer assumes it.
Palm Beach County pays the standard rate. Miami-Dade is the only county with a different one: $0.60 per $100 plus a discretionary surtax of $0.45 per $100 under s. 201.031, which does not apply to a document that transfers only a single-family residence. The surtax is limited to a county defined in s. 125.011(1), and the Department of Revenue states the $0.70 rate applies “in all Florida counties except Miami-Dade,” so Miami figures found online do not carry over. The tax is paid to the clerk when the deed is recorded, so the closing agent collects it whichever side has agreed to bear it.
Mortgage taxes: stamp tax on the mortgage and the intangible tax
A financed purchase adds two state taxes on the loan amount, both paid when the mortgage is recorded.
Documentary stamp tax on the mortgage. Section 201.08(1)(b) taxes recorded mortgages at “35 cents on each $100 or fraction thereof of the indebtedness or obligation evidenced thereby.” With both a note and a mortgage, the tax is paid once, on the mortgage at recording. The $2,450 cap often quoted online is in s. 201.08(1)(a) and covers notes and other written obligations; for recorded mortgages the Department of Revenue says: “There is no cap on the amount of tax due.”
Nonrecurring intangible tax. Section 199.133 imposes “a one-time nonrecurring tax of 2 mills” on obligations secured by a mortgage on Florida real property, which the Department of Revenue explains as the loan amount multiplied by 0.002. The tax is never figured on more than the value of the Florida property securing the loan. Under s. 199.135(4) the lender is “solely liable” for it but “may pass on the amount of such tax to the borrower or mortgagor,” which is why it normally appears on the buyer’s side of the statement.
On loan structure more broadly, see our guide to jumbo and asset-based financing for large South Florida purchases.
Recording fees: what the Clerk can charge
The deed and the mortgage are recorded with the Palm Beach County Clerk of the Circuit Court, and s. 28.24 sets the maximum charges. For a standard page, three charges stack up: recording and indexing ($5.00 first page, $4.00 each additional page, s. 28.24(13)(a)-(b)), the Public Records Modernization Trust Fund charge ($1.00 first page, $0.50 each additional, s. 28.24(13)(d)) and a $4.00 per page court technology charge (s. 28.24(13)(e)). That adds up to $10.00 for the first page and $8.50 for each page after it, plus $1.00 per name beyond four. A long mortgage costs more to record than a short deed.
Title insurance: Florida sets the premium
Title premiums are not shopped like homeowner’s insurance. Section 627.782 directs the state to adopt a rule “specifying the premium to be charged in this state by title insurers,” and Rule 69O-186.003, Florida Administrative Code, is that schedule. For an original owner’s policy the premium per $1,000 of coverage is:
| Coverage band | Premium per $1,000 |
|---|---|
| $0 to $100,000 | $5.75 |
| $100,000 to $1 million, add | $5.00 |
| Over $1 million up to $5 million, add | $2.50 |
| Over $5 million up to $10 million, add | $2.25 |
| Over $10 million, add | $2.00 |
The owner’s policy must be issued “for the full insurable value of the premises,” and any fraction of $100 counts as a full $100. Three more points matter at closing:
- Simultaneous lender’s policy. When the owner’s and lender’s policies on the same land are issued together, the owner’s policy pays the regular rate and the lender’s policy is “a minimum $25.00” for coverage up to the owner’s policy amount.
- Reissue rates. If the seller’s own owner’s policy took effect less than 3 years before the new policy, and a copy is available, the lower reissue schedule applies ($3.30 per $1,000 up to $100,000, then $3.00 per $1,000 up to $1 million) on coverage up to the prior policy’s amount. Ask the seller for that policy early.
- What the premium does not include. The rule requires the title search, examination and closing charges to be shown separately on the closing statement. Those charges and any endorsements are not in the promulgated table and vary by provider.
HOA and condo estoppel fees: capped by statute
In a condominium or homeowners’ association, the closing agent orders an estoppel certificate showing what the owner owes. The association must issue it within 10 business days, and it is effective for 30 days if delivered by hand or electronically (35 by regular mail). The fee caps sit in s. 718.116(8)(f) for condominiums and s. 720.30851(6) for homeowners’ associations: a base of $250, an extra $100 for delivery within 3 business days, and up to $150 more if the account is delinquent.
Those base figures are adjusted every 5 years for inflation, and the Department of Business and Professional Regulation publishes the adjusted amounts. Its current schedule allows not more than $299 for preparation and delivery, an additional $119 for expedited delivery, and an additional fee of up to $179 when the unit or parcel is delinquent, with the next update due by July 1, 2027. An association that misses the 10-business-day deadline may not charge for that certificate, and if the sale does not close, a payor other than the owner can get the fee refunded on written request within 30 days after the scheduled closing date. The FR/BAR form puts estoppel fees on the seller and association application or transfer fees on the buyer.
Condominium buyers have more to review than the estoppel letter; our guide to Florida condo milestone inspections and SIRS covers the reserve and inspection side.
Property tax proration: how Florida’s calendar works
Florida property taxes are billed after the year they cover. Property is assessed as of January 1 (s. 192.042), the tax lien attaches from January 1 of the tax year (s. 197.122), and taxes are due November 1, or as soon after as the certified roll reaches the tax collector, and generally become delinquent April 1 of the following year (s. 197.333). A seller who closes in June has usually not yet received the bill for the months they owned the home that year.
Section 197.162 is often misread as a proration rule. It is a discount schedule for paying early: 4 percent in November (or within 30 days after the original tax notice is sent), 3 percent in December, 2 percent in January, 1 percent in February and nothing in March. The FR/BAR form uses it indirectly: taxes are prorated through the day before closing, “based on current year’s tax with due allowance made for maximum allowable discount, homestead and other exemptions.” If the current year’s millage is not set yet, the form uses the prior year’s millage or tax.
The result is a seller-to-buyer credit for the seller’s share of the year; the buyer pays the full bill when it arrives. The figure reflects the seller’s exemptions, not yours, and your own bill can be very different after a sale resets the assessment; see Palm Beach County property taxes after you buy.
Worked example: a $1,000,000 purchase with a $700,000 loan
Assumptions: a Palm Beach County residential sale on the FR/BAR “AS IS” form with box 9(c)(i) checked, original title rates, and owner’s and lender’s policies issued together. Only items fixed by statute or rule are calculated; the rest depend on quotes, page counts or the property.
| Item | Arithmetic | Amount | Paid by (FR/BAR, 9(c)(i)) |
|---|---|---|---|
| Doc stamp tax on deed | $1,000,000 / $100 = 10,000 units x $0.70 | $7,000.00 | Seller |
| Owner’s title policy premium | $100,000 x $5.75/1,000 = $575 + $900,000 x $5.00/1,000 = $4,500 | $5,075.00 | Seller |
| Estoppel certificate (if HOA or condo) | DBPR adjusted cap, no delinquency, standard delivery | Up to $299.00 | Seller |
| Doc stamp tax on mortgage | $700,000 / $100 = 7,000 units x $0.35 | $2,450.00 | Buyer |
| Intangible tax on mortgage | $700,000 x 0.002 | $1,400.00 | Buyer (passed on by lender) |
| Lender’s title policy premium (simultaneous) | Loan amount is below the owner’s policy amount | $25.00 | Buyer |
| Recording the deed and mortgage | $10.00 first page + $8.50 each added page, per document | Varies (page count) | Buyer |
| Property tax proration | Seller’s share of the current year, discounted 4% | Varies | Seller credits buyer |
| Title search, closing fee, endorsements, municipal lien search | Not in the promulgated schedule | Varies | Split per 9(c) |
| Lender fees, appraisal, survey, inspections, insurance, escrow deposits | Set by the lender and vendors | Varies | Buyer |
| Association application or transfer fee | Set by the association | Varies | Buyer |
| Attorney’s fees, brokerage compensation | Set by your agreements | Varies | Per agreement |
On those assumptions the statutory items on the seller’s side total $12,075 before any estoppel fee. On the buyer’s side they total $3,875 before recording fees. If box 9(c)(ii) were checked instead, the $5,075 owner’s premium would move to the buyer’s column.
A coincidence, not a cap. The $2,450 mortgage stamp tax here equals the note cap only because the loan is exactly $700,000. A $1,500,000 recorded mortgage would carry $5,250.
A Florida closing costs calculator you can run by hand
For the state-set items, this is the whole method:
- Deed stamps: price divided by 100, fractions rounded up, times $0.70. A $1,234,550 price is 12,346 units, or $8,642.20.
- Mortgage stamps and intangible tax: loan divided by 100, rounded up, times $0.35; then loan times 0.002.
- Title premiums: work the owner’s policy up the bands in the table above, using the full price; add $25 for a simultaneous lender’s policy.
- Recording: $10.00 plus $8.50 for each additional page, per document.
Your lender’s Loan Estimate and the closing agent’s fee schedule fill in the “varies” lines. These numbers belong in your offer strategy; see our guide on how to prepare an offer on a luxury home.
What a cash purchase changes
Without a loan there is no mortgage, so the mortgage stamp tax, the intangible tax, the lender’s title policy and mortgage recording all fall away. Deed stamps, the owner’s title premium, deed recording, estoppel fees and the tax proration remain, split by the contract as before.
Sellers should read the tax line in reverse: the proration is a credit to the buyer that comes off your proceeds. Our guide to Florida seller disclosure requirements covers the tax notice buyers receive.
Frequently Asked Questions
Who pays closing costs in Florida, the buyer or the seller?
Both, in shares set by the purchase contract rather than by statute. On the Florida Realtors/Florida Bar “AS IS” contract the seller pays documentary stamp tax on the deed and association estoppel fees, the buyer pays the taxes and recording fees on the mortgage, deed recording and the lender’s title policy, and a checked box decides who pays for the owner’s title policy.
Who pays doc stamps on the deed in Florida?
The Florida Realtors/Florida Bar “AS IS” contract lists documentary stamp tax on the deed as a seller cost. The Florida Department of Revenue notes that all parties to the deed are liable to the state regardless of which party agrees to pay. Outside Miami-Dade County, including Palm Beach County, the rate is $0.70 per $100 of consideration under s. 201.02, Florida Statutes.
Who pays the intangible tax in Florida?
Under s. 199.135(4), Florida Statutes, the lender is solely liable for the 2-mill nonrecurring intangible tax on a mortgage but may pass the amount on to the borrower, so it usually appears as a buyer cost. It equals the loan amount multiplied by 0.002, for example $1,400 on a $700,000 loan.
What is the maximum estoppel fee in Florida?
Sections 718.116(8) and 720.30851, Florida Statutes, set a base cap of $250 with inflation adjustments every 5 years. The Department of Business and Professional Regulation’s current adjusted schedule allows not more than $299, plus $119 for delivery within 3 business days and up to $179 more if the account is delinquent.
What are closing costs in Florida for cash buyers?
A cash buyer avoids the mortgage stamp tax, the intangible tax, the lender’s title policy and mortgage recording. On the Florida Realtors/Florida Bar “AS IS” form the buyer still pays deed recording, inspections, any survey and association application fees, plus the owner’s title policy if box 9(c)(ii) is checked, and receives a credit for the seller’s share of the year’s property taxes.
Please note: This guide is general information, not legal or tax advice. Confirm how these rules apply to your purchase or sale with a Florida real estate attorney and your title company, and rely on your Loan Estimate and closing statement for actual figures. Statute text cited is the 2026 Florida Statutes as published by the Florida Legislature, read on October 20, 2026.
Sources: Florida Statutes 201.02, 201.031, 201.08, 199.133, 199.135, 28.24, 627.782, 718.116, 720.30851, 192.042, 197.122, 197.162 and 197.333; Rule 69O-186.003, F.A.C.; Florida Department of Revenue, Documentary Stamp Tax and Nonrecurring Intangible Tax; Department of Business and Professional Regulation, Estoppel Certificate Fees; Florida Realtors/Florida Bar “AS IS” Residential Contract for Sale and Purchase, paragraphs 9 and Standard K (editions ASIS-4, Rev. 9/15, and ASIS-5x, Rev. 6/19).
Buying or selling in Palm Beach County or South Florida?
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