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2020 Op. Fla. Att'y Gen. 1 (2020)

handle is hein.sag/sagfl0109 and id is 1 raw text is: Florida Attorney General Advisory Legal Opinion Number: AGO 2020-01 Date: February 4, 2020 Subject: Tax deed sale funds to govt leinholders Mr. Scott R. Harlowe 1235 SE Indian St., Suite 101 Stuart, FL 34997-5690, Florida 34982-5652 Dear Mr. Harlowe: On behalf of the Clerk of the Circuit Court for St. Lucie County (Clerk), you ask the following questions: 1. Under section 197.582, Florida Statutes (2019), are governmental lienholders barred from obtaining tax deed surplus funds if they fail to submit a timely request for surplus funds? 2. If a request is not required, what effect does the failure of a governmental entity to submit a request for surplus funds have upon the Clerk's determination of how the surplus funds should be distributed? In sum: 1. Under section 197.582: § a timely request for payment from surplus funds is not a prerequisite to the Clerk's obligation to distribute the surplus to the governmental units for the payment of any lien of record held by a governmental unit against the property, including any tax certificates not incorporated in the tax deed application and omitted taxes, if any, prior to distributing the balance of undistributed funds to other persons specified in section 197.582; § a non-governmental unit holder of any recorded governmental lien (other than a federal government lien or ad valorem tax lien) is barred from obtaining tax deed surplus funds if such lienholder fails to submit a timely written claim for surplus funds. 2. Because governmental units holding liens of record... against the property are not required to submit a request for surplus funds, the Clerk is required to distribute funds to governmental units holding such liens before disbursing the balance of

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