Florida · FRECFlorida escrow deposit rules
In Florida a broker must place an escrow deposit in the escrow account “immediately” – no later than the end of the 3rd business day after receiving it (Saturdays, Sundays and legal holidays don't count). If the deposit goes to a title company or attorney, the buyer's broker asks for written verification within 10 business days after it is due and reports to the seller's broker within 10 business days after asking. When buyer and seller both claim the deposit, the broker notifies the Commission within 15 business days and starts a settlement procedure within 30.
Holding the deposit
3 business days (61J2-14.008(3))
“Immediately” means the deposit is in the escrow account no later than the end of the third business day after receipt. Weekends and legal holidays are not business days.
Where (§475.25(1)(k))
With a Florida title company, bank, credit union or savings and loan, or in the broker's own trust account at a Florida institution – never mixed with personal funds.
Title company or attorney (61J2-14.008(2)(b))
The contract names the holder. Within 10 business days after each deposit is due, the buyer's broker asks in writing for verification of receipt; within 10 business days after asking, it gives the seller's broker the verification – or notice that none came.
Exception
No verification request is needed if the deposit is held by a title company or attorney named in writing by the seller or seller's agent.
When both sides claim it
Notify the Commission (61J2-10.032)
Within 15 business days after the last party's demand – or after the broker has a good-faith doubt – the broker notifies the Commission in writing.
Settle within 30 business days
Start one procedure under §475.25(1)(d)1.: an escrow disbursement order from the Commission, arbitration (all agree), court (interpleader), or mediation (written consent, completed within 90 days).
Silent party
If one party does not answer whether it claims the deposit, the broker may send a certified or emailed notice; no response by the 7th business day counts as authorization to release to the other party.
What the TC tracks
- The deposit due date in the contract and the receipt from escrow.
- If a title company or attorney holds it: the 10-business-day verification request and the report to the seller's broker.
- After a failed deal: the date of each demand – the 15- and 30-business-day clocks run from the last one.
- Business days here skip weekends and legal holidays.
Questions about Florida escrow deposits
How long does a Florida broker have to deposit earnest money?
Until the end of the third business day after receiving it; Saturdays, Sundays and legal holidays are not counted (FREC Rule 61J2-14.008(3)).
Who verifies a deposit held by a title company in Florida?
The buyer's broker requests written verification within 10 business days after the deposit is due and reports to the seller's broker within 10 business days after the request.
What happens when buyer and seller both want the escrow deposit?
The broker notifies the Florida Real Estate Commission within 15 business days and starts a settlement procedure – disbursement order, arbitration, court or mediation – within 30 business days.
Can a Florida broker release escrow if one party does not respond?
After a certified or emailed notice, a party's failure to respond within seven business days is treated as authorization to release the funds to the other party.
Do these rules apply when the deposit is held by a title company?
The verification rule applies; the dispute procedures in §475.25(1)(d) apply to funds the broker holds in its own escrow account.
Related guides
Add the deposit due date and the verification deadlines as dated tasks on the deal in ClosingCode – reminders go out before each one.
Start free trialSources: Florida Statutes §475.25(1)(d)1. and (k) (leg.state.fl.us); Florida Administrative Code Rules 61J2-14.008 and 61J2-10.032 (flrules.org), read October 24, 2026.
General information, not legal advice. ClosingCode is software; it is not a law firm, brokerage or escrow agent.