Florida Senate - 2015 CS for CS for SB 736
By the Committees on Judiciary; and Regulated Industries; and
Senators Stargel and Detert
590-03668-15 2015736c2
1 A bill to be entitled
2 An act relating to residential properties; amending
3 ss. 718.116, 719.108, and 720.30851, F.S.; revising
4 requirements relating to the issuance of an estoppel
5 certificate to specified persons; requiring that an
6 estoppel certificate contain certain information;
7 providing an effective period for a certificate based
8 upon the date of issuance and form of delivery;
9 providing that the association waives a specified
10 claim against a person or such person’s successors or
11 assigns who rely on the certificate in good faith;
12 authorizing a summary proceeding to be brought to
13 compel an association to prepare or deliver an
14 estoppel certificate; specifying the maximum amounts
15 an association may charge for an estoppel certificate;
16 providing that the authority to charge a fee for the
17 estoppel certificate must be established by a
18 specified written resolution or provided by a written
19 management, bookkeeping, or maintenance contract;
20 deleting obsolete provisions; conforming provisions to
21 changes made by the act; providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (8) of section 718.116, Florida
26 Statutes, is amended to read:
27 718.116 Assessments; liability; lien and priority;
28 interest; collection.—
29 (8) An association shall issue an estoppel certificate to a
30 unit owner or the unit owner’s designee or a unit mortgagee or
31 the unit mortgagee’s designee within 10 business 15 days after
32 receiving a written or electronic request for the certificate.
33 The estoppel certificate must be delivered by mail, by hand
34 delivery, or by electronic means to the requester on the date of
35 issuance.
36 (a) The estoppel certificate must contain all of the
37 following:
38 1. The date of issuance.
39 2. The amount of all assessments and other moneys owed to
40 the association by the unit owner for a specific unit on the
41 date of issuance. This amount is limited to amounts authorized
42 by statute to be recorded in the official records of the
43 association under s. 718.111(12).
44 3. The amount of any additional assessments and other
45 moneys that are scheduled to become due for each day after the
46 date of issuance for the 30-day or 35-day effective period of
47 the estoppel certificate. This amount is limited to amounts
48 authorized by statute to be recorded in the official records of
49 the association under s. 718.111(12). In calculating the amounts
50 that are scheduled to become due, the association may assume
51 that any delinquent amounts will remain delinquent during the
52 effective period of the estoppel certificate.
53 4. The amount of any fee charged by the association for
54 preparing and delivering the estoppel certificate. This fee is
55 in addition to any other amounts on the estoppel certificate.
56 5. The signature of an officer or agent of the association.
57 (b) An estoppel certificate that is delivered on the date
58 of issuance has a 30-day effective period. An estoppel
59 certificate that is mailed to the requester has a 35-day
60 effective period.
61 (c) An association waives the right to collect any moneys
62 owed in excess of the amounts specified in the estoppel
63 certificate from any person who in good faith relies upon the
64 estoppel certificate and from the person’s successors and
65 assigns. therefor from a unit owner or his or her designee, or a
66 unit mortgagee or his or her designee, the association shall
67 provide a certificate signed by an officer or agent of the
68 association stating all assessments and other moneys owed to the
69 association by the unit owner with respect to the condominium
70 parcel.
71 (a) Any person other than the owner who relies upon such
72 certificate shall be protected thereby.
73 (d)(b) A summary proceeding pursuant to s. 51.011 may be
74 brought to compel compliance with this subsection, and in any
75 such action the prevailing party is entitled to recover
76 reasonable attorney attorney’s fees.
77 (e)1.(c) Notwithstanding any limitation on transfer fees
78 contained in s. 718.112(2)(i), an the association or its
79 authorized agent may charge a reasonable fee, which may not
80 exceed its reasonable costs to prepare and deliver for the
81 preparation of the estoppel certificate. However, the fee for
82 the estoppel certificate may not exceed $250 if on the date the
83 certificate is issued, no delinquent amounts are owed to the
84 association for the applicable unit. If an estoppel certificate
85 is requested on an expedited basis and delivered within 3
86 business days after the request, the association may charge
87 additional fee of $100. If delinquent amounts are owed to the
88 association for the applicable unit, an additional fee for the
89 estoppel certificate may not exceed $100. The association may
90 not charge a fee for an estoppel certificate that is issued more
91 than 10 business days after it receives the request for the
92 certificate. The amount of the fee must be included on the
93 certificate.
94 2. If the estoppel certificate is requested in conjunction
95 with the sale or refinancing of a unit, the fee for the
96 certificate shall be paid to the association from the closing or
97 settlement proceeds. If the closing does not occur within 60
98 days after the issuance of the estoppel certificate, the fee for
99 the certificate is the obligation of the unit owner, and the
100 association may collect the fee in the same manner as an
101 assessment against the unit. An association may not require the
102 payment of any other fees as a condition for the preparation or
103 delivery of an estoppel certificate.
104 (f)(d) The authority to charge a fee for the estoppel
105 certificate must shall be established by a written resolution
106 adopted by the board or provided by a written management,
107 bookkeeping, or maintenance contract and is payable upon the
108 preparation of the certificate. If the certificate is requested
109 in conjunction with the sale or mortgage of a unit but the
110 closing does not occur and no later than 30 days after the
111 closing date for which the certificate was sought the preparer
112 receives a written request, accompanied by reasonable
113 documentation, that the sale did not occur from a payor that is
114 not the unit owner, the fee shall be refunded to that payor
115 within 30 days after receipt of the request. The refund is the
116 obligation of the unit owner, and the association may collect it
117 from that owner in the same manner as an assessment as provided
118 in this section.
119 Section 2. Subsection (6) of section 719.108, Florida
120 Statutes, is amended to read:
121 719.108 Rents and assessments; liability; lien and
122 priority; interest; collection; cooperative ownership.—
123 (6) An association shall issue an estoppel certificate to a
124 unit owner or the unit owner’s designee or a unit mortgagee or
125 the unit mortgagee’s designee within 10 business 15 days after
126 receiving a written or electronic request for the certificate.
127 The estoppel certificate must be delivered by mail, by hand
128 delivery, or by electronic means to the requester on the date of
129 issuance.
130 (a) The estoppel certificate must contain all of the
131 following:
132 1. The date of issuance.
133 2. The amount of all assessments and other moneys owed to
134 the association by the unit owner for a specific unit on the
135 date of issuance. This amount is limited to the amounts
136 authorized to be recorded in the official records of the
137 association under s. 719.104(2).
138 3. The amount of any additional assessments and other
139 moneys that are scheduled to become due for each day after the
140 date of issuance for the 30-day or 35-day effective period of
141 the estoppel certificate. This amount is limited to the amounts
142 authorized to be recorded in the official records of the
143 association under s. 719.104(2). In calculating the amounts that
144 are scheduled to become due, the association may assume that any
145 delinquent amounts will remain delinquent during the effective
146 period of the estoppel certificate.
147 4. The amount of any fee charged by the association for
148 preparing and delivering the estoppel certificate. This fee is
149 in addition to any other amounts on the estoppel certificate.
150 5. The signature of an officer or agent of the association.
151 (b) An estoppel certificate that is delivered on the date
152 of issuance has a 30-day effective period. An estoppel
153 certificate that is mailed to the requester has a 35-day
154 effective period.
155 (c) An association waives the right to collect any moneys
156 owed in excess of the amounts specified in the estoppel
157 certificate from any person who in good faith relies upon the
158 estoppel certificate and from that person’s successors and
159 assigns.
160 (d) A summary proceeding pursuant to s. 51.011 may be
161 brought to compel compliance with this subsection, and in any
162 such action the prevailing party is entitled to recover
163 reasonable attorney fees. by a unit owner or mortgagee, the
164 association shall provide a certificate stating all assessments
165 and other moneys owed to the association by the unit owner with
166 respect to the cooperative parcel. Any person other than the
167 unit owner who relies upon such certificate shall be protected
168 thereby.
169 (e)1. Notwithstanding any limitation on transfer fees
170 contained in s. 719.106(1)(i), an the association or its
171 authorized agent may charge a reasonable fee, which may not
172 exceed its reasonable costs to prepare and deliver for the
173 preparation of the estoppel certificate. However, the fee for
174 the estoppel certificate may not exceed $250 if on the date the
175 certificate is issued, no delinquent amounts are owed to the
176 association for the applicable unit. If an estoppel certificate
177 is requested on an expedited basis and delivered within 3
178 business days after the request, the association may charge an
179 additional fee of $100. If delinquent amounts are owed to the
180 association for the applicable unit, an additional fee for the
181 estoppel certificate may not exceed $100. The association may
182 not charge a fee for an estoppel certificate that is issued more
183 than 10 business days after it receives a request for the
184 certificate.
185 2. If the estoppel certificate is requested in conjunction
186 with the sale or refinancing of a unit, the fee for the
187 certificate shall be paid to the association from the closing or
188 settlement proceeds. If the closing does not occur within 60
189 days after the issuance of the estoppel certificate, the fee for
190 the certificate is the obligation of the unit owner, and the
191 association may collect the fee in the same manner as an
192 assessment against the unit. An association may not require the
193 payment of any other fees as a condition for the preparation or
194 delivery of an estoppel certificate.
195 (f) The authority to charge a fee for the estoppel
196 certificate must be established by a written resolution adopted
197 by the board or provided by a written management, bookkeeping,
198 or maintenance contract.
199 Section 3. Section 720.30851, Florida Statutes, is amended
200 to read:
201 720.30851 Estoppel certificates.—An association shall issue
202 an estoppel certificate to a parcel owner or the parcel owner’s
203 designee or a mortgagee or the mortgagee’s designee within 10
204 business 15 days after receiving a written or electronic request
205 for the certificate. The estoppel certificate must be delivered
206 by mail, by hand delivery, or by electronic means to the
207 requester on the date of issuance.
208 (1) The estoppel certificate must contain all of the
209 following:
210 (a) The date of issuance.
211 (b) The amount of all assessments and other moneys owed to
212 the association by the parcel owner for a specific parcel as
213 recorded on the date of issuance. This amount is limited to
214 amounts authorized by statute to be recorded in the official
215 records of the association under s. 720.303(4).
216 (c) The amount of any additional assessments and other
217 moneys that are scheduled to become due for each day after the
218 date of issuance for the 30-day or 35-day effective period of
219 the estoppel certificate. This amount is limited to amounts
220 authorized by statute to be recorded in the official records of
221 the association under s. 720.303(4). In calculating the amounts
222 that are scheduled to become due, the association may assume
223 that any delinquent amounts will remain delinquent during the
224 effective period of the estoppel certificate.
225 (d) The amount of any fee charged by the association for
226 preparing and delivering the estoppel certificate. This fee is
227 in addition to any other amounts on the certificate.
228 (e) The signature of an officer or agent of the
229 association.
230 (2) An estoppel certificate that is delivered on the date
231 of issuance has a 30-day effective period. An estoppel
232 certificate that is mailed to the requester has a 35-day
233 effective period.
234 (3) An association waives the right to collect any moneys
235 owed in excess of the amounts specified in the estoppel
236 certificate from any person who in good faith relies upon the
237 estoppel certificate and from that person’s successors and
238 assigns. the date on which a request for an estoppel certificate
239 is received from a parcel owner or mortgagee, or his or her
240 designee, the association shall provide a certificate signed by
241 an officer or authorized agent of the association stating all
242 assessments and other moneys owed to the association by the
243 parcel owner or mortgagee with respect to the parcel. An
244 association may charge a fee for the preparation of such
245 certificate, and the amount of such fee must be stated on the
246 certificate.
247 (1) Any person other than a parcel owner who relies upon a
248 certificate receives the benefits and protection thereof.
249 (4)(2) A summary proceeding pursuant to s. 51.011 may be
250 brought to compel compliance with this section, and the
251 prevailing party is entitled to recover reasonable attorney
252 attorney’s fees.
253 (5)(a) An association or its agent may charge a fee, which
254 may not exceed its reasonable costs to prepare and deliver the
255 estoppel certificate. However, the fee for the estoppel
256 certificate may not exceed $250 if on the date the certificate
257 is issued, no delinquent amounts are owed to the association for
258 the applicable parcel. If an estoppel certificate is requested
259 on an expedited basis and delivered within 3 business days after
260 the request, the association may charge an additional fee of
261 $100. If delinquent amounts are owed to the association for the
262 applicable parcel, and additional fee for the certificate may
263 not exceed $100. The association may not charge a fee for an
264 estoppel certificate that is issued more than 10 business days
265 after it receives the request for the certificate.
266 (b) If the estoppel certificate is requested in conjunction
267 with the sale or refinancing of a parcel, the fee for the
268 certificate shall be paid to the association from the closing or
269 settlement proceeds. If the closing does not occur within 60
270 days after the issuance of the estoppel certificate, the fee for
271 the certificate is the obligation of the parcel owner, and the
272 association may collect the fee in the same manner as an
273 assessment against the parcel. An association may not require
274 the payment of any other fees as a condition for the preparation
275 or delivery of an estoppel certificate.
276 (6)(3) The authority to charge a fee for the estoppel
277 certificate must shall be established by a written resolution
278 adopted by the board or provided by a written management,
279 bookkeeping, or maintenance contract and is payable upon the
280 preparation of the certificate. If the certificate is requested
281 in conjunction with the sale or mortgage of a parcel but the
282 closing does not occur and no later than 30 days after the
283 closing date for which the certificate was sought the preparer
284 receives a written request, accompanied by reasonable
285 documentation, that the sale did not occur from a payor that is
286 not the parcel owner, the fee shall be refunded to that payor
287 within 30 days after receipt of the request. The refund is the
288 obligation of the parcel owner, and the association may collect
289 it from that owner in the same manner as an assessment as
290 provided in this section.
291 Section 4. This act shall take effect July 1, 2015.