Florida Statutes
Fla. Stat. § 197.172 (2025)
Interest rate; calculation and minimum.
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197.172 Interest rate; calculation and minimum.—
(1) Real property taxes shall bear interest at the rate of 18 percent per year from the date of delinquency until a certificate is sold, except that the minimum charge for delinquent taxes paid prior to the sale of a tax certificate shall be 3 percent.
(2) The maximum rate of interest on a tax certificate is 18 percent per year. However, a tax certificate may not bear interest, and the mandatory interest as provided by s. 197.472(2) may not be levied during the 60-day period following the date of delinquency, except for the 3 percent mandatory interest charged under subsection (1).
(3) Personal property taxes shall bear interest at the rate of 18 percent per year from the date of delinquency until paid or barred under chapter 95.
(4) Interest shall be calculated from the first day of each month.
Notes of Decisions
Cited in 15
cases (1 in the last 5 years), 1991–2024 · leading case: United States Ex Rel. Bell v. Rhodey (In Re R & W Enter.), 181 B.R. 624 (Bankr. N.D. Fla. 1994).
United States Ex Rel. Bell v. Rhodey (In Re R & W Enter.), 181 B.R. 624 (Bankr. N.D. Fla. 1994). “While the Koger Court found that the 18% interest rate was too high, as the County astutely writes after analyzing the history of section 197.172, "Whether the rate appears to be high or low depends on a fluctuating market rate.”
In Re Liuzzo, 204 B.R. 235 (Bankr. N.D. Fla. 1996). “Florida Statute § 197.172 sets forth the interest rate at which delinquent real estate taxes accrue, and provides in part: 197.”
Browning v. Angelfish Swim Sch., Inc., 1 So. 3d 355 (Fla. 3d DCA 2009). “[7] Property taxes that are not paid on time carry a variety of additional charges, for example, including an 18% per annum interest rate between delinquency and tax certificate sale, which bear no apparent relationship to administrative costs or then-prevailing market rates.”
In Re Cone Constructors, Inc., 304 B.R. 513 (M.D. Fla. 2003). “Fla. Stat. § 197.172 . The Court concludes that the Tax Collector is entitled to interest on his secured claim at the statutory rate of 18 percent per annum.”
In Re Haskell, 252 B.R. 236 (Bankr. M.D. Fla. 2000). “Tax Collector is an oversecured creditor asserting entitlement to an eighteen percent (18%) rate of interest from the date of delinquency pursuant to Fla. Stat. § 197.172 . Attached to Tax Collector’s objection is the transcript from the January 11, 2000 hearing in the…”
In Re Koger Props., Inc., 172 B.R. 351 (Bankr. M.D. Fla. 1994). “172 — Interest rate; Calculation and Minimum— (1) Real Property taxes shall bear interest at the rate of 18 percent per year from the date of delinquency until a tax certificate is sold, except that the minimum charge for delinquent taxes paid prior to the sale of a tax…”
In Re Gen. Dev. Corp., 135 B.R. 1008 (Bankr. S.D. Florida 1991). “Secretary of the Treasury on a periodic basis, the maximum 18 percent rate under Fla.Stat. § 197.172 does not vary at all.”
Hernandez v. Comm'r, 1998 T.C. Memo. 46 (Tax Ct. 1998). “5, 1996, this Court granted respondent's motion, dismissing Mrs. Hernandez as a party to this case.”
In Re Chang, 274 B.R. 295 (Bankr. D. Mass. 2002). “Fla. Stat. 197.172. The Debtor, however, disputes *303 that the rate is 18% and argues that either the taxes were not delinquent on the petition date and therefore the rate is a maximum of 3%, or that either the County is not entitled to any interest because none is provided for…”
Dep't of Rev. v. E. Am. Tech. Corp., 762 So. 2d 1044 (Fla. 5th DCA 2000). “With regard to the calculation of interest for delinquent real property taxes, section 197.172(1), Florida Statutes (1999), mandates an interest rate, the application of which by the tax authority is a ministerial duty.”
In Re Mulberry Phosphates, Inc., 283 B.R. 347 (Bankr. M.D. Fla. 2002). “§ 197.172, this Court had an opportunity to consider the same issue in the case of Roger, supra.”
In re Moltech Power Sys., Inc., 296 B.R. 63 (Bankr. N.D. Fla. 2003). “The Tax Collector also seeks to include as an administrative expense, the accrued interest at a statutory rate of 18% interest and a 3% mandatory charge as so provided in Fla. Stat. §§ 197.172 (4) and (1) respectively.”
— 197.172(1) — 2 cases
Dep't of Rev. v. E. Am. Tech. Corp., 762 So. 2d 1044 (Fla. 5th DCA 2000). “With regard to the calculation of interest for delinquent real property taxes, section 197.172(1), Florida Statutes (1999), mandates an interest rate, the application of which by the tax authority is a ministerial duty.”
In Re Cone Constructors, Inc., 304 B.R. 513 (M.D. Fla. 2003). “Fla. Stat. § 197.172 . The Court concludes that the Tax Collector is entitled to interest on his secured claim at the statutory rate of 18 percent per annum.”
— 197.172(3) — 2 cases
United States Ex Rel. Bell v. Rhodey (In Re R & W Enter.), 181 B.R. 624 (Bankr. N.D. Fla. 1994). “While the Koger Court found that the 18% interest rate was too high, as the County astutely writes after analyzing the history of section 197.172, "Whether the rate appears to be high or low depends on a fluctuating market rate.”
In Re Cone Constructors, Inc., 304 B.R. 513 (M.D. Fla. 2003). “Fla. Stat. § 197.172 . The Court concludes that the Tax Collector is entitled to interest on his secured claim at the statutory rate of 18 percent per annum.”
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