Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 762
       
       
       
       
       
       
                                Barcode 810182                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                  Floor: WD            .                                
             03/08/2012 02:03 PM       .                                
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       Senator Fasano moved the following:
       
    1         Senate Substitute for Amendment (266672) (with title
    2  amendment)
    3  
    4         Delete lines 216 - 225
    5  and insert:
    6         468.439 Collection services.—
    7         (1) Reasonable collection service expenses that are
    8  incurred by a community association for collection services
    9  performed by a licensed community association manager or
   10  licensed management firm as a direct result of collecting or
   11  attempting to collect overdue unpaid assessments may be secured
   12  by a claim of lien filed by an association governed by chapter
   13  718, chapter 719, or chapter 720.
   14         (a) The expenses must be directly related to the collection
   15  of overdue unpaid assessments.
   16         (b) The collection services must be explicitly authorized
   17  in writing by the board of directors of an association governed
   18  by chapter 718, chapter 719, or chapter 720.
   19         (c) The collection service expense must be specified in
   20  advance by amount in a written management contract between the
   21  community association manager or management firm and the
   22  association. The expense shall be considered a cost and shall be
   23  payable to the association in the manner provided for in chapter
   24  718, chapter 719, or chapter 720.
   25         (2) The collection services must be conducted in a manner
   26  not inconsistent with any existing rule or rules that may be
   27  adopted by the Regulatory Council of Community Association
   28  Managers to protect against harassment and to protect the safety
   29  and well-being of the community association manager or the
   30  management firm employee attempting to collect the unpaid
   31  assessments.
   32         (3) As used in this section, the term “assessment” means
   33  “assessment” or “special assessment” as defined in chapters 718,
   34  719, and 720.
   35  
   36  ================= T I T L E  A M E N D M E N T ================
   37         And the title is amended as follows:
   38         Delete lines 23 - 31
   39  and insert:
   40         and alarm system contracting; creating s. 468.439,
   41         F.S.; providing that a claim of lien may be filed on
   42         behalf of a community association to secure the
   43         expenses incurred in collecting or attempting to
   44         collect a delinquent account rendered by a licensed
   45         community association manager or management firm;
   46         requiring that the expenses for the collection
   47         services be directly related to the collection
   48         activities; requiring that the collection services be
   49         authorized by the board of directors of the
   50         association; requiring that the collection service
   51         expense be specified in advance by amount in a written
   52         management contract; requiring that the collection
   53         services be conducted in a manner not inconsistent
   54         with existing rules of appropriate conduct; defining
   55         the term “assessment;” amending s. 469.002, F.S.;
   56         providing an