| 1 | Representative Sands offered the following: | 
| 2 | 
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| 3 | Substitute Amendment for Amendment (768683) (with title | 
| 4 | amendment) | 
| 5 | Remove lines 5-119 and insert: | 
| 6 | Section 1.  Section 720.3085, Florida Statutes, is created | 
| 7 | to read: | 
| 8 | 720.3085  Payment for assessments; lien claims.-- | 
| 9 | (1)  A parcel owner, regardless of how his or her title to | 
| 10 | property has been acquired, including by purchase at a | 
| 11 | foreclosure sale or by deed in lieu of foreclosure, is liable | 
| 12 | for all assessments that come due while he or she is the parcel | 
| 13 | owner. The parcel owner's liability for assessments may not be | 
| 14 | avoided by waiver or suspension of the use or enjoyment of any | 
| 15 | common area or by abandonment of the parcel upon which the | 
| 16 | assessments are made. | 
| 17 | (2)  A parcel owner is jointly and severally liable with | 
| 18 | the previous parcel owner for all unpaid assessments that came | 
| 19 | due up to the time of transfer of title. This liability is | 
| 20 | without prejudice to any right the present parcel owner may have | 
| 21 | to recover any amounts paid by the present owner from the | 
| 22 | previous owner. | 
| 23 | (3)  Assessments and installments on assessments that are | 
| 24 | not paid when due bear interest from the due date until paid at | 
| 25 | the rate provided in the declaration of covenants or the bylaws | 
| 26 | of the association, which rate may not exceed the rate allowed | 
| 27 | by law. If no rate is provided in the declaration or bylaws, | 
| 28 | interest accrues at the rate of 18 percent per year. | 
| 29 | (a)  If the declaration or bylaws so provide, the | 
| 30 | association may also charge an administrative late fee in an | 
| 31 | amount not to exceed the greater of $25 or 5 percent of the | 
| 32 | amount of each installment that is paid past the due date. | 
| 33 | (b)  Any payment received by an association and accepted | 
| 34 | shall be applied first to any interest accrued, then to any | 
| 35 | administrative late fee, then to any costs and reasonable | 
| 36 | attorney's fees incurred in collection, and then to the | 
| 37 | delinquent assessment. This paragraph applies notwithstanding | 
| 38 | any restrictive endorsement, designation, or instruction placed | 
| 39 | on or accompanying a payment. A late fee is not subject to the | 
| 40 | provisions of chapter 687 and is not a fine. | 
| 41 | (4)  A homeowners' association may not file a claim of lien | 
| 42 | against a parcel for unpaid assessments unless a written notice | 
| 43 | or demand for past due assessments as well as any other amounts | 
| 44 | owed to the association pursuant to its governing documents has | 
| 45 | been made by the association. The written notice or demand must: | 
| 46 | (a)  Provide the owner with 45 days to make payment for all | 
| 47 | amounts due, including, but not limited to, any attorney's fees | 
| 48 | and actual costs associated with the preparation and delivery of | 
| 49 | the written demand. | 
| 50 | (b)  Be sent by registered or certified mail, return | 
| 51 | receipt requested, and by first-class United States Mail to the | 
| 52 | parcel owner at his or her last address as reflected in the | 
| 53 | records of the association, if the address is within the United | 
| 54 | States, and to the parcel owner subject to the demand at the | 
| 55 | address of the parcel if the owner's address as reflected in the | 
| 56 | records of the association is not the parcel address. If the | 
| 57 | address reflected in the records is outside the United States, | 
| 58 | then sending the notice to that address and to the parcel | 
| 59 | address by first-class United States mail is sufficient. | 
| 60 | (5)  The association may bring an action in its name to | 
| 61 | foreclose a lien for unpaid assessments secured by a lien in the | 
| 62 | same manner that a mortgage of real property is foreclosed and | 
| 63 | may also bring an action to recover a money judgment for the | 
| 64 | unpaid assessments without waiving any claim of lien. Such | 
| 65 | action may not be brought until 45 days after the parcel owner | 
| 66 | has been provided notice of the association's intent to | 
| 67 | foreclose and collect the unpaid amount. | 
| 68 | (a)  The association may recover any reasonable attorney's | 
| 69 | fees incurred in a lien foreclosure action or in an action to | 
| 70 | recover a money judgment for the unpaid assessments. | 
| 71 | (b)  The association may purchase the parcel at the | 
| 72 | foreclosure sale and hold, lease, mortgage, or convey the | 
| 73 | parcel. | 
| 74 | (6)  If after service of a summons on a complaint to | 
| 75 | foreclose a lien the parcel is not the subject of a mortgage | 
| 76 | foreclosure or a notice of tax certificate sale, or the parcel | 
| 77 | owner is not a debtor in bankruptcy proceedings, the parcel | 
| 78 | owner may serve and file with the court a qualifying offer at | 
| 79 | any time before the entry of a foreclosure judgment. For | 
| 80 | purposes of this subsection, the term "qualifying offer" means a | 
| 81 | written offer to pay all amounts secured by the lien of the | 
| 82 | association plus interest accruing during the pendency of the | 
| 83 | offer at the rate of interest provided in this section. The | 
| 84 | parcel owner may make only one qualifying offer during the | 
| 85 | pendency of a foreclosure action. | 
| 86 | (a)  The parcel owner shall deliver a copy of the filed | 
| 87 | qualifying offer to the association's attorney by hand delivery | 
| 88 | or by certified mail, return receipt requested. | 
| 89 | (b)  The parcel owner's filing of the qualifying offer with | 
| 90 | the court stays the foreclosure action for the period stated in | 
| 91 | the qualifying offer, which may not exceed 60 days, to permit | 
| 92 | the parcel owner to pay the qualifying offer to the association | 
| 93 | plus any interest accruing during the pendency of the offer. | 
| 94 | (c)  The qualifying offer of the parcel owner must be in | 
| 95 | writing, be signed by the owner of the parcel and the spouse of | 
| 96 | the owner if the spouse holds a homestead interest in the | 
| 97 | parcel, be acknowledged by a notary public, state the total | 
| 98 | amount due the association, state that the total amount due the | 
| 99 | association is secured by the lien of the association, state | 
| 100 | that the association is entitled to foreclose the lien and | 
| 101 | obtain a foreclosure judgment for the total amount due if the | 
| 102 | parcel owner breaches the qualifying offer, state that the | 
| 103 | parcel owner will not endanger the priority of the lien of the | 
| 104 | association or the amounts secured by the lien, and state the | 
| 105 | actual date or dates the association will receive the total | 
| 106 | amount due from the parcel owner. If the parcel owner makes a | 
| 107 | qualifying offer under this subsection, the association may not | 
| 108 | add the cost of any legal fees incurred by the association | 
| 109 | within the period of the stay other than costs acquired in | 
| 110 | defense of a mortgage foreclosure action concerning the parcel, | 
| 111 | a bankruptcy proceeding in which the parcel owner is a debtor, | 
| 112 | or in response to filings by a party other than the association | 
| 113 | in the lien foreclosure action of the association. | 
| 114 | (d)  If the parcel owner breaches the qualifying offer, the | 
| 115 | stay shall be vacated and the association may proceed in its | 
| 116 | action to obtain a foreclosure judgment against the parcel and | 
| 117 | the parcel owners for the amount in the qualifying offer and any | 
| 118 | amounts accruing after the date of the qualifying offer. | 
| 119 | Section 2.  This act shall take effect July 1, 2007. | 
| 120 | 
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| 121 | =========== T I T L E  A M E N D M E N T ======== | 
| 122 | Remove lines 123-133 and insert: | 
| 123 | A bill to be entitled | 
| 124 | An act relating to homeowners' associations; creating s. | 
| 125 | 720.3085, F.S.; providing that a parcel owner is liable for all | 
| 126 | assessments on a parcel; providing for the payment of interest | 
| 127 | and late fees on unpaid assessments; prioritizing the | 
| 128 | application of any payment received; prohibiting the placement | 
| 129 | of a restriction statement on the payment; providing for the | 
| 130 | filing of a claim of lien for unpaid assessments; providing for | 
| 131 | the foreclosure of the lien; providing for notice to the owner; | 
| 132 | providing for a qualifying offer from the owner; providing an | 
| 133 | effective date. |