Florida Senate - 2007                        SENATOR AMENDMENT
    Bill No. CS for SB 1844
                        Barcode 934576
                            CHAMBER ACTION
              Senate                               House
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 3         Floor: 1/AD/2R          .                    
       04/26/2007 02:09 PM         .                    
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11  Senator Ring moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 2, line 6, through page 5, line 18, delete
15  those lines
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17  and insert:  
18         Section 1.  Section 720.3085, Florida Statutes, is
19  created to read:
20         720.3085  Payment for assessments; lien claims.--
21         (1)  A parcel owner, regardless of how his or her title
22  to property has been acquired, including by purchase at a
23  foreclosure sale or by deed in lieu of foreclosure, is liable
24  for all assessments that come due while he or she is the
25  parcel owner. The parcel owner's liability for assessments may
26  not be avoided by waiver or suspension of the use or enjoyment
27  of any common area or by abandonment of the parcel upon which
28  the assessments are made.
29         (2)  A parcel owner is jointly and severally liable
30  with the previous parcel owner for all unpaid assessments that
31  came due up to the time of transfer of title. This liability
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    10:33 AM   04/26/07                             s1844.32ri.001

Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 1844 Barcode 934576 1 is without prejudice to any right the present parcel owner may 2 have to recover any amounts paid by the present owner from the 3 previous owner. 4 (3) Assessments and installments on assessments that 5 are not paid when due bear interest from the due date until 6 paid at the rate provided in the declaration of covenants or 7 the bylaws of the association, which rate may not exceed the 8 rate allowed by law. If no rate is provided in the declaration 9 or bylaws, interest accrues at the rate of 18 percent per 10 year. 11 (a) If the declaration or bylaws so provide, the 12 association may also charge an administrative late fee in an 13 amount not to exceed the greater of $25 or 5 percent of the 14 amount of each installment that is paid past the due date. 15 (b) Any payment received by an association and 16 accepted shall be applied first to any interest accrued, then 17 to any administrative late fee, then to any costs and 18 reasonable attorney's fees incurred in collection, and then to 19 the delinquent assessment. This paragraph applies 20 notwithstanding any restrictive endorsement, designation, or 21 instruction placed on or accompanying a payment. A late fee is 22 not subject to the provisions of chapter 687 and is not a 23 fine. 24 25 26 ================ T I T L E A M E N D M E N T =============== 27 And the title is amended as follows: 28 On page 1, lines 2 - 22, delete those lines 29 30 and insert: 31 An act relating to homeowners' associations; 2 10:33 AM 04/26/07 s1844.32ri.001
Florida Senate - 2007 SENATOR AMENDMENT Bill No. CS for SB 1844 Barcode 934576 1 creating s. 720.3085, F.S.; providing that a 2 parcel owner is liable for all assessments on a 3 parcel; providing for the payment of interest 4 and late fees on unpaid assessments; 5 prioritizing the application of any payment 6 received; prohibiting the placement of a 7 restriction statement on the payment; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 3 10:33 AM 04/26/07 s1844.32ri.001