Senior Attorney

Hillsborough Clerk of Court & Comptroller•Tampa, FL

14h

About The Position

The position serves a dual role. As Attorney, the position will provide legal support to the Clerk in many different departments. Typical duties include, but are not limited to, overseeing the Tax Deeds Department and handling excess proceeds disbursements with a paralegal specialist. Additionally, the position will be thoroughly involved with both Court and Board matters, including but not limited to, attending court on criminal bail bond matters, filing responses in the Second District Court of Appeal and the Florida Supreme Court, annually updating the office on legislation that may affect Clerk duties, weekly monitoring of the Florida Supreme Court for amendments to court rules or opinions impacting Clerk duties, weekly monitoring of the Second District Court of Appeals for cases that may affect Clerk duties, assist in creating operational procedures that are legally compliant, address high profile criminal and civil public records requests to make sure confidential information is not inadvertently released, and, to release information that is authorized, review and prepare responses to subpoenas, lead or co-counsel in federal and state courts where the Clerk is a party, monitor the destruction of records, monitor and work with the Evidence, Expunction & Sealing, and Appellate Departments, assist Official Records, VAB and other Board Departments with legal compliance, assist Court side with legal compliance, assist Human Resources with legal compliance, oversee management’s review of bankruptcy cases served on the Clerk, liaison with the 13th Judicial Circuit General Counsel, perform other similarly related activities, assist General Counsel when requested, and perform other duties as directed by the Clerk individually or in conjunction with other Clerk Attorneys. This classification requires attention to detail, research and analytical abilities, familiarity with current statutes or emerging case law that could impact the Clerk’s office and an understanding of a vast array of areas of law like criminal bonds, public records, real property and probate law.

Requirements

Knowledge of the statutory framework of Chapter 197 and the Clerk’s role in collecting unpaid ad valorem and personal property taxes through conducting tax deed sales and disbursing excess funds.
Knowledge necessary to use advanced technical and analytical skills to retrieve information to locate owners of property or lien holders who are not on record or who do not know that they may have any entitlement to excess proceeds distribution.
Knowledge of laws, legal codes, court procedures, precedents, government regulations, executive orders, agency rules, court rules, state statutes, local ordinances, and all Florida State and Federal legal authorities.
Skill in preparation, review and filing of legal documents for litigation purposes, including, but not limited to, tax deed litigation, intervening in legal actions to notify the court of the Clerk’s interest, mortgage foreclosure cases including filing claims for available surplus and presenting those claims at an evidentiary hearing.
Skill with various computer programs and software to include word processing, spreadsheets and computer applications, Zoom, Microsoft Teams and conducting remote hearings.
Ability to research and retrieve information from multiple sources, including but not limited to, : Public Records, Property Appraiser, Tax Collector, Clerk of the Court, Vital Statistics, Court files, Federal Bankruptcy Laws, Florida Statutes, all Florida Rules of Court , Florida Real Property Law, Probate Law, Title Law, the Florida Constitution, and Federal Local Rules for the United States District Court for the Middle District of Florida.
Ability to routinely exercise independent, sound judgment in all aspects of the position, including, but not limited to, thoroughly review instruments of conveyance, instruments creating lien rights and related legal and non-legal documents for proper form, accuracy, appropriateness, and completeness that may affect entitlement to excess proceeds from tax deed sales.
Ability to perform and complete work of complex, technical nature in the preparation, review and examination of title searches, legal documents, descriptions and law suits that affect entitlement to excess proceeds available after tax deed sales.
Ability to determine and assist other staff in providing proper notice to property owners, lien holders and others having an interest in real property who may be eligible to receive excess proceeds, including researching the Clerk’s records, multiple government and internet databases for new addresses.
Experience with the criminal bonds process governed by chapter 903, Florida Statutes, including the ability to exercise independent judgment in reviewing bond motions filed and communicate with opposing counsel to resolve said motions, including appearing at hearings to object to any motion filed.
Ability to understand the legal impact of bankruptcy petitions filed with the Clerk in civil and criminal cases, including filing claims for uncollected court costs and fees in bankruptcy matters.
Understanding of the Public Record Laws when overseeing staff response to a media or public records request.
Understanding of chapter 119, Florida Statutes and public record exemption requests.
Notifying staff of and overseeing the placement of litigation holds on cases in an electronic database.
Experience updating existing templates and forms to comply with changing local, state and federal law
Ability to effectively and professionally use logic and reasoning to identify the strengths and weaknesses of alternative solutions, conclusions or approaches to problems.
Must have a Florida Bar license and be a member in good standing in all Florida State Courts and the Federal District Court for the Middle District of Florida.
Skill to review, prepare for, and argue motions on behalf of the Clerk in a myriad number of case types in State and Federal Court.
Must have experience with preparing witnesses, cross-examining witnesses, taking and defending depositions.
Must have trial experience, experience with appellate practice and mediation practice.
Juris Doctor Degree AND ten (10) years of professional experience in title research and examination of real estate, legal compliance and local, state and federal government. A Juris Doctor Degree from an accredited law school and a license in good standing to practice law in Florida and Federal Court with ten (10) years’ experience in title examination and real property transactions, probate estates, legal compliance and local, state and federal government.
OR
An equivalent combination of relevant education, training and experience.

Responsibilities

Advises staff of legal issues that may arise during tax deed sales or with bond matters.
Monitors and assesses existing office procedures and recommends potential procedural changes in order to accomplish increased efficiencies.
Confers with lending institution personnel, contractors, attorneys for local, state or federal government institutions, and courthouse personnel in order to exchange title-related information or to resolve problems.
Copies or summarizes recorded documents, such as mortgages, trust deeds, and contracts, which affect property titles.
Determines whether documents can be recorded and/or are eligible for a public record exemption under applicable Florida Statutes.
Develops a knowledge base of various state laws, administrative rules and case law that addresses deeds, mortgages, judgments, condominium and homeowner assessments, probate estates, and related real estate topics needed to determine rights to excess funds generated from tax deed sales.
Directs activities of workers who search records and examine titles, assigning, scheduling, and evaluating work, and providing technical guidance on case management systems or electronic case databases as necessary.
Examines documentation such as mortgages, liens, judgments, easements, plat books, maps, contracts, and agreements in order to verify factors such as properties' legal descriptions, ownership, or restrictions to determine entitlement to available tax deed excess proceeds.
Manages bankruptcy matters and coordinates with other governmental attorneys to notify them of the receipt of bankruptcy notices as needed.
Manages outside counsel in the conduct of interpleader actions, including overseeing the receipt and payment of legal billing invoices from outside counsel.
Oversees paralegal specialist’s title examination for legal counsel’s determination of rights to excess proceeds, including but not limited to independently verifying all listed legal instruments, title encumbrances and necessary actions needed to clear title according to local ordinances, case precedent, state and federal law.
Researches legal issues that arise in the performance of Clerk duties in the Tax Deeds, Official Records and Bonds department.
Responds to customer inquiries on tax deeds, mortgage foreclosure, bankruptcy, bond matters and public records requests.
Verifies accuracy and completeness of land-related documents accepted for recording; prepares rejection notices when documents are not acceptable.
Working at the direction of general counsel when assigned matters involving litigation or customer inquiries.
Prioritizing competing interests and simultaneous deadlines occurring across various legal disciplines, such as criminal bonds, tax deeds, civil litigation, bankruptcy, in-person customer inquiries, public records requests, operational compliance issues and demonstrating the ability to quickly set legal meetings to address emerging legal issues.
Performs other duties as needed, including those performed by subordinate fiscal, financial, and/or clerical staff.