If you have an appraisal contingency in your contract, your earnest money should be refunded. In Michigan, appraisal and inspection contingencies are written into our state contracts, but it also states that buyer and seller must sign a mutual release for the EMD. If the seller refuses to sign it, you would have to take them to court to get your money returned. If that contingency is waived, an addendum stating otherwise would have to be written, and the seller could feasibly keep the money. I am not sure if that is the case in Florida. Ask your Realtor.