Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for SB 736
       
       
       
       
       
       
                                Ì811302aÎ811302                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/09/2015           .                                
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       The Committee on Judiciary (Diaz de la Portilla) recommended the
       following:
       
    1         Senate Substitute for Amendment (712124) (with title
    2  amendment)
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Subsection (8) of section 718.116, Florida
    7  Statutes, is amended to read:
    8         718.116 Assessments; liability; lien and priority;
    9  interest; collection.—
   10         (8) An association shall issue an estoppel certificate to a
   11  unit owner or the unit owner’s designee or a unit mortgagee or
   12  the unit mortgagee’s designee within 10 business 15 days after
   13  receiving a written or electronic request for the certificate.
   14  The estoppel certificate must be delivered by mail, by hand
   15  delivery, or by electronic means to the requester on the date of
   16  issuance.
   17         (a) The estoppel certificate must contain all of the
   18  following:
   19         1. The date of issuance.
   20         2.The amount of all assessments and other moneys owed to
   21  the association by the unit owner for a specific unit on the
   22  date of issuance. This amount is limited to amounts authorized
   23  by statute to be recorded in the official records of the
   24  association under s. 718.111(12).
   25         3.The amount of any additional assessments and other
   26  moneys that are scheduled to become due for each day after the
   27  date of issuance for the 30-day or 35-day effective period of
   28  the estoppel certificate. This amount is limited to amounts
   29  authorized by statute to be recorded in the official records of
   30  the association under s. 718.111(12). In calculating the amounts
   31  that are scheduled to become due, the association may assume
   32  that any delinquent amounts will remain delinquent during the
   33  effective period of the estoppel certificate.
   34         4. The amount of any fee charged by the association for
   35  preparing and delivering the estoppel certificate. This fee is
   36  in addition to any other amounts on the estoppel certificate.
   37         5.The signature of an officer or agent of the association.
   38         (b)An estoppel certificate that is delivered on the date
   39  of issuance has a 30-day effective period. An estoppel
   40  certificate that is mailed to the requester has a 35-day
   41  effective period.
   42         (c) An association waives the right to collect any moneys
   43  owed in excess of the amounts specified in the estoppel
   44  certificate from any person who in good faith relies upon the
   45  estoppel certificate and from the person’s successors and
   46  assigns. therefor from a unit owner or his or her designee, or a
   47  unit mortgagee or his or her designee, the association shall
   48  provide a certificate signed by an officer or agent of the
   49  association stating all assessments and other moneys owed to the
   50  association by the unit owner with respect to the condominium
   51  parcel.
   52         (a) Any person other than the owner who relies upon such
   53  certificate shall be protected thereby.
   54         (d)(b) A summary proceeding pursuant to s. 51.011 may be
   55  brought to compel compliance with this subsection, and in any
   56  such action the prevailing party is entitled to recover
   57  reasonable attorney attorney’s fees.
   58         (e)1.(c) Notwithstanding any limitation on transfer fees
   59  contained in s. 718.112(2)(i), an the association or its
   60  authorized agent may charge a reasonable fee, which may not
   61  exceed its reasonable costs to prepare and deliver for the
   62  preparation of the estoppel certificate. However, the fee for
   63  the estoppel certificate may not exceed $250 if on the date the
   64  certificate is issued, no delinquent amounts are owed to the
   65  association for the applicable unit. If an estoppel certificate
   66  is requested on an expedited basis and delivered within 3
   67  business days after the request, the association may charge
   68  additional fee of $100. If delinquent amounts are owed to the
   69  association for the applicable unit, an additional fee for the
   70  estoppel certificate may not exceed $100. The association may
   71  not charge a fee for an estoppel certificate that is issued more
   72  than 10 business days after it receives the request for the
   73  certificate. The amount of the fee must be included on the
   74  certificate.
   75         2. If the estoppel certificate is requested in conjunction
   76  with the sale or refinancing of a unit, the fee for the
   77  certificate shall be paid to the association from the closing or
   78  settlement proceeds. If the closing does not occur within 60
   79  days after the issuance of the estoppel certificate, the fee for
   80  the certificate is the obligation of the unit owner, and the
   81  association may collect the fee in the same manner as an
   82  assessment against the unit. An association may not require the
   83  payment of any other fees as a condition for the preparation or
   84  delivery of an estoppel certificate.
   85         (f)(d) The authority to charge a fee for the estoppel
   86  certificate must shall be established by a written resolution
   87  adopted by the board or provided by a written management,
   88  bookkeeping, or maintenance contract and is payable upon the
   89  preparation of the certificate. If the certificate is requested
   90  in conjunction with the sale or mortgage of a unit but the
   91  closing does not occur and no later than 30 days after the
   92  closing date for which the certificate was sought the preparer
   93  receives a written request, accompanied by reasonable
   94  documentation, that the sale did not occur from a payor that is
   95  not the unit owner, the fee shall be refunded to that payor
   96  within 30 days after receipt of the request. The refund is the
   97  obligation of the unit owner, and the association may collect it
   98  from that owner in the same manner as an assessment as provided
   99  in this section.
  100         Section 2. Subsection (6) of section 719.108, Florida
  101  Statutes, is amended to read:
  102         719.108 Rents and assessments; liability; lien and
  103  priority; interest; collection; cooperative ownership.—
  104         (6) An association shall issue an estoppel certificate to a
  105  unit owner or the unit owner’s designee or a unit mortgagee or
  106  the unit mortgagee’s designee within 10 business 15 days after
  107  receiving a written or electronic request for the certificate.
  108  The estoppel certificate must be delivered by mail, by hand
  109  delivery, or by electronic means to the requester on the date of
  110  issuance.
  111         (a) The estoppel certificate must contain all of the
  112  following:
  113         1. The date of issuance.
  114         2. The amount of all assessments and other moneys owed to
  115  the association by the unit owner for a specific unit on the
  116  date of issuance. This amount is limited to the amounts
  117  authorized to be recorded in the official records of the
  118  association under s. 719.104(2).
  119         3. The amount of any additional assessments and other
  120  moneys that are scheduled to become due for each day after the
  121  date of issuance for the 30-day or 35-day effective period of
  122  the estoppel certificate. This amount is limited to the amounts
  123  authorized to be recorded in the official records of the
  124  association under s. 719.104(2). In calculating the amounts that
  125  are scheduled to become due, the association may assume that any
  126  delinquent amounts will remain delinquent during the effective
  127  period of the estoppel certificate.
  128         4. The amount of any fee charged by the association for
  129  preparing and delivering the estoppel certificate. This fee is
  130  in addition to any other amounts on the estoppel certificate.
  131         5. The signature of an officer or agent of the association.
  132         (b) An estoppel certificate that is delivered on the date
  133  of issuance has a 30-day effective period. An estoppel
  134  certificate that is mailed to the requester has a 35-day
  135  effective period.
  136         (c) An association waives the right to collect any moneys
  137  owed in excess of the amounts specified in the estoppel
  138  certificate from any person who in good faith relies upon the
  139  estoppel certificate and from that person’s successors and
  140  assigns.
  141         (d) A summary proceeding pursuant to s. 51.011 may be
  142  brought to compel compliance with this subsection, and in any
  143  such action the prevailing party is entitled to recover
  144  reasonable attorney fees. by a unit owner or mortgagee, the
  145  association shall provide a certificate stating all assessments
  146  and other moneys owed to the association by the unit owner with
  147  respect to the cooperative parcel. Any person other than the
  148  unit owner who relies upon such certificate shall be protected
  149  thereby.
  150         (e)1. Notwithstanding any limitation on transfer fees
  151  contained in s. 719.106(1)(i), an the association or its
  152  authorized agent may charge a reasonable fee, which may not
  153  exceed its reasonable costs to prepare and deliver for the
  154  preparation of the estoppel certificate. However, the fee for
  155  the estoppel certificate may not exceed $250 if on the date the
  156  certificate is issued, no delinquent amounts are owed to the
  157  association for the applicable unit. If an estoppel certificate
  158  is requested on an expedited basis and delivered within 3
  159  business days after the request, the association may charge an
  160  additional fee of $100. If delinquent amounts are owed to the
  161  association for the applicable unit, an additional fee for the
  162  estoppel certificate may not exceed $100. The association may
  163  not charge a fee for an estoppel certificate that is issued more
  164  than 10 business days after it receives a request for the
  165  certificate.
  166         2. If the estoppel certificate is requested in conjunction
  167  with the sale or refinancing of a unit, the fee for the
  168  certificate shall be paid to the association from the closing or
  169  settlement proceeds. If the closing does not occur within 60
  170  days after the issuance of the estoppel certificate, the fee for
  171  the certificate is the obligation of the unit owner, and the
  172  association may collect the fee in the same manner as an
  173  assessment against the unit. An association may not require the
  174  payment of any other fees as a condition for the preparation or
  175  delivery of an estoppel certificate.
  176         (f) The authority to charge a fee for the estoppel
  177  certificate must be established by a written resolution adopted
  178  by the board or provided by a written management, bookkeeping,
  179  or maintenance contract.
  180         Section 3. Section 720.30851, Florida Statutes, is amended
  181  to read:
  182         720.30851 Estoppel certificates.—An association shall issue
  183  an estoppel certificate to a parcel owner or the parcel owner’s
  184  designee or a mortgagee or the mortgagee’s designee within 10
  185  business 15 days after receiving a written or electronic request
  186  for the certificate. The estoppel certificate must be delivered
  187  by mail, by hand delivery, or by electronic means to the
  188  requester on the date of issuance.
  189         (1) The estoppel certificate must contain all of the
  190  following:
  191         (a) The date of issuance.
  192         (b) The amount of all assessments and other moneys owed to
  193  the association by the parcel owner for a specific parcel as
  194  recorded on the date of issuance. This amount is limited to
  195  amounts authorized by statute to be recorded in the official
  196  records of the association under s. 720.303(4).
  197         (c) The amount of any additional assessments and other
  198  moneys that are scheduled to become due for each day after the
  199  date of issuance for the 30-day or 35-day effective period of
  200  the estoppel certificate. This amount is limited to amounts
  201  authorized by statute to be recorded in the official records of
  202  the association under s. 720.303(4). In calculating the amounts
  203  that are scheduled to become due, the association may assume
  204  that any delinquent amounts will remain delinquent during the
  205  effective period of the estoppel certificate.
  206         (d) The amount of any fee charged by the association for
  207  preparing and delivering the estoppel certificate. This fee is
  208  in addition to any other amounts on the certificate.
  209         (e) The signature of an officer or agent of the
  210  association.
  211         (2) An estoppel certificate that is delivered on the date
  212  of issuance has a 30-day effective period. An estoppel
  213  certificate that is mailed to the requester has a 35-day
  214  effective period.
  215         (3) An association waives the right to collect any moneys
  216  owed in excess of the amounts specified in the estoppel
  217  certificate from any person who in good faith relies upon the
  218  estoppel certificate and from that person’s successors and
  219  assigns. the date on which a request for an estoppel certificate
  220  is received from a parcel owner or mortgagee, or his or her
  221  designee, the association shall provide a certificate signed by
  222  an officer or authorized agent of the association stating all
  223  assessments and other moneys owed to the association by the
  224  parcel owner or mortgagee with respect to the parcel. An
  225  association may charge a fee for the preparation of such
  226  certificate, and the amount of such fee must be stated on the
  227  certificate.
  228         (1) Any person other than a parcel owner who relies upon a
  229  certificate receives the benefits and protection thereof.
  230         (4)(2) A summary proceeding pursuant to s. 51.011 may be
  231  brought to compel compliance with this section, and the
  232  prevailing party is entitled to recover reasonable attorney
  233  attorney’s fees.
  234         (5)(a) An association or its agent may charge a fee, which
  235  may not exceed its reasonable costs to prepare and deliver the
  236  estoppel certificate. However, the fee for the estoppel
  237  certificate may not exceed $250 if on the date the certificate
  238  is issued, no delinquent amounts are owed to the association for
  239  the applicable parcel. If an estoppel certificate is requested
  240  on an expedited basis and delivered within 3 business days after
  241  the request, the association may charge an additional fee of
  242  $100. If delinquent amounts are owed to the association for the
  243  applicable parcel, and additional fee for the certificate may
  244  not exceed $100. The association may not charge a fee for an
  245  estoppel certificate that is issued more than 10 business days
  246  after it receives the request for the certificate.
  247         (b) If the estoppel certificate is requested in conjunction
  248  with the sale or refinancing of a parcel, the fee for the
  249  certificate shall be paid to the association from the closing or
  250  settlement proceeds. If the closing does not occur within 60
  251  days after the issuance of the estoppel certificate, the fee for
  252  the certificate is the obligation of the parcel owner, and the
  253  association may collect the fee in the same manner as an
  254  assessment against the parcel. An association may not require
  255  the payment of any other fees as a condition for the preparation
  256  or delivery of an estoppel certificate.
  257         (6)(3) The authority to charge a fee for the estoppel
  258  certificate must shall be established by a written resolution
  259  adopted by the board or provided by a written management,
  260  bookkeeping, or maintenance contract and is payable upon the
  261  preparation of the certificate. If the certificate is requested
  262  in conjunction with the sale or mortgage of a parcel but the
  263  closing does not occur and no later than 30 days after the
  264  closing date for which the certificate was sought the preparer
  265  receives a written request, accompanied by reasonable
  266  documentation, that the sale did not occur from a payor that is
  267  not the parcel owner, the fee shall be refunded to that payor
  268  within 30 days after receipt of the request. The refund is the
  269  obligation of the parcel owner, and the association may collect
  270  it from that owner in the same manner as an assessment as
  271  provided in this section.
  272         Section 4. This act shall take effect July 1, 2015.
  273  
  274  ================= T I T L E  A M E N D M E N T ================
  275  And the title is amended as follows:
  276         Delete everything before the enacting clause
  277  and insert:
  278                        A bill to be entitled                      
  279         An act relating to residential properties; amending
  280         ss. 718.116, 719.108, and 720.30851, F.S.; revising
  281         requirements relating to the issuance of an estoppel
  282         certificate to specified persons; requiring that an
  283         estoppel certificate contain certain information;
  284         providing an effective period for a certificate based
  285         upon the date of issuance and form of delivery;
  286         providing that the association waives a specified
  287         claim against a person or such person’s successors or
  288         assigns who rely on the certificate in good faith;
  289         authorizing a summary proceeding to be brought to
  290         compel an association to prepare or deliver an
  291         estoppel certificate; specifying the maximum amounts
  292         an association may charge for an estoppel certificate;
  293         providing that the authority to charge a fee for the
  294         estoppel certificate must be established by a
  295         specified written resolution or provided by a written
  296         management, bookkeeping, or maintenance contract;
  297         deleting obsolete provisions; conforming provisions to
  298         changes made by the act; providing an effective date.