Florida Senate - 2015 COMMITTEE AMENDMENT
Bill No. CS for CS for SB 736
Ì3181846Î318184
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/15/2015 .
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The Committee on Fiscal Policy (Stargel) recommended the
following:
1 Senate Substitute for Amendment (308876)
2
3 Delete lines 92 - 270
4 and insert:
5 certificate. The maximum allowable fees charged in accordance
6 with this section shall be adjusted every 3 years in an amount
7 equal to the annual increases for that 3-year period in the
8 Consumer Price Index for All Urban Consumers, U.S. City Average,
9 all items The amount of the fee must be included on the
10 certificate.
11 2. If the estoppel certificate is requested in conjunction
12 with the sale or refinancing of a unit, the fee for the
13 certificate shall be paid to the association from the closing or
14 settlement proceeds. If the closing does not occur, the fee for
15 the certificate is the obligation of the unit owner, and the
16 association may collect the fee in the same manner as an
17 assessment against the unit. An association may not require the
18 payment of any other fees as a condition for the preparation or
19 delivery of an estoppel certificate.
20 (f)(d) The authority to charge a fee for the estoppel
21 certificate must shall be established by a written resolution
22 adopted by the board or provided by a written management,
23 bookkeeping, or maintenance contract and is payable upon the
24 preparation of the certificate. If the certificate is requested
25 in conjunction with the sale or mortgage of a unit but the
26 closing does not occur and no later than 30 days after the
27 closing date for which the certificate was sought the preparer
28 receives a written request, accompanied by reasonable
29 documentation, that the sale did not occur from a payor that is
30 not the unit owner, the fee shall be refunded to that payor
31 within 30 days after receipt of the request. The refund is the
32 obligation of the unit owner, and the association may collect it
33 from that owner in the same manner as an assessment as provided
34 in this section.
35 Section 2. Subsection (6) of section 719.108, Florida
36 Statutes, is amended to read:
37 719.108 Rents and assessments; liability; lien and
38 priority; interest; collection; cooperative ownership.—
39 (6) An association shall issue an estoppel certificate to a
40 unit owner or the unit owner’s designee or a unit mortgagee or
41 the unit mortgagee’s designee within 10 business 15 days after
42 receiving a written or electronic request for the certificate.
43 The estoppel certificate must be delivered by mail, by hand
44 delivery, or by electronic means to the requester on the date of
45 issuance.
46 (a) The estoppel certificate must contain all of the
47 following:
48 1. The date of issuance.
49 2. The amount of all assessments and other moneys owed to
50 the association by the unit owner for a specific unit on the
51 date of issuance. This amount is limited to the amounts
52 authorized to be recorded in the official records of the
53 association under s. 719.104(2).
54 3. The amount of any additional assessments and other
55 moneys that are scheduled to become due for each day after the
56 date of issuance for the 30-day or 35-day effective period of
57 the estoppel certificate. This amount is limited to the amounts
58 authorized to be recorded in the official records of the
59 association under s. 719.104(2). In calculating the amounts that
60 are scheduled to become due, the association may assume that any
61 delinquent amounts will remain delinquent during the effective
62 period of the estoppel certificate.
63 4. The amount of any fee charged by the association for
64 preparing and delivering the estoppel certificate. This fee is
65 in addition to any other amounts on the estoppel certificate.
66 5. The signature of an officer or agent of the association.
67 (b) An estoppel certificate that is delivered on the date
68 of issuance has a 30-day effective period. An estoppel
69 certificate that is mailed to the requester has a 35-day
70 effective period.
71 (c) An association waives the right to collect any moneys
72 owed in excess of the amounts specified in the estoppel
73 certificate from any person who in good faith relies upon the
74 estoppel certificate and from that person’s successors and
75 assigns.
76 (d) A summary proceeding pursuant to s. 51.011 may be
77 brought to compel compliance with this subsection, and in any
78 such action the prevailing party is entitled to recover
79 reasonable attorney fees. by a unit owner or mortgagee, the
80 association shall provide a certificate stating all assessments
81 and other moneys owed to the association by the unit owner with
82 respect to the cooperative parcel. Any person other than the
83 unit owner who relies upon such certificate shall be protected
84 thereby.
85 (e)1. Notwithstanding any limitation on transfer fees
86 contained in s. 719.106(1)(i), an the association or its
87 authorized agent may charge a reasonable fee, which may not
88 exceed its reasonable costs to prepare and deliver for the
89 preparation of the estoppel certificate. However, the fee for
90 the estoppel certificate may not exceed $250 if on the date the
91 certificate is issued, no delinquent amounts are owed to the
92 association for the applicable unit. If an estoppel certificate
93 is requested on an expedited basis and delivered within 3
94 business days after the request, the association may charge an
95 additional fee of $100. If delinquent amounts are owed to the
96 association for the applicable unit, an additional fee for the
97 estoppel certificate may not exceed $100. The association may
98 not charge a fee for an estoppel certificate that is issued more
99 than 10 business days after it receives a request for the
100 certificate. The maximum allowable fees charged in accordance
101 with this section shall be adjusted every 3 years in an amount
102 equal to the annual increases for that 3-year period in the
103 Consumer Price Index for All Urban Consumers, U.S. City Average,
104 all items.
105 2. If the estoppel certificate is requested in conjunction
106 with the sale or refinancing of a unit, the fee for the
107 certificate shall be paid to the association from the closing or
108 settlement proceeds. If the closing does not occur, the fee for
109 the certificate is the obligation of the unit owner, and the
110 association may collect the fee in the same manner as an
111 assessment against the unit. An association may not require the
112 payment of any other fees as a condition for the preparation or
113 delivery of an estoppel certificate.
114 (f) The authority to charge a fee for the estoppel
115 certificate must be established by a written resolution adopted
116 by the board or provided by a written management, bookkeeping,
117 or maintenance contract.
118 Section 3. Section 720.30851, Florida Statutes, is amended
119 to read:
120 720.30851 Estoppel certificates.—An association shall issue
121 an estoppel certificate to a parcel owner or the parcel owner’s
122 designee or a mortgagee or the mortgagee’s designee within 10
123 business 15 days after receiving a written or electronic request
124 for the certificate. The estoppel certificate must be delivered
125 by mail, by hand delivery, or by electronic means to the
126 requester on the date of issuance.
127 (1) The estoppel certificate must contain all of the
128 following:
129 (a) The date of issuance.
130 (b) The amount of all assessments and other moneys owed to
131 the association by the parcel owner for a specific parcel as
132 recorded on the date of issuance. This amount is limited to
133 amounts authorized by statute to be recorded in the official
134 records of the association under s. 720.303(4).
135 (c) The amount of any additional assessments and other
136 moneys that are scheduled to become due for each day after the
137 date of issuance for the 30-day or 35-day effective period of
138 the estoppel certificate. This amount is limited to amounts
139 authorized by statute to be recorded in the official records of
140 the association under s. 720.303(4). In calculating the amounts
141 that are scheduled to become due, the association may assume
142 that any delinquent amounts will remain delinquent during the
143 effective period of the estoppel certificate.
144 (d) The amount of any fee charged by the association for
145 preparing and delivering the estoppel certificate. This fee is
146 in addition to any other amounts on the certificate.
147 (e) The signature of an officer or agent of the
148 association.
149 (2) An estoppel certificate that is delivered on the date
150 of issuance has a 30-day effective period. An estoppel
151 certificate that is mailed to the requester has a 35-day
152 effective period.
153 (3) An association waives the right to collect any moneys
154 owed in excess of the amounts specified in the estoppel
155 certificate from any person who in good faith relies upon the
156 estoppel certificate and from that person’s successors and
157 assigns. the date on which a request for an estoppel certificate
158 is received from a parcel owner or mortgagee, or his or her
159 designee, the association shall provide a certificate signed by
160 an officer or authorized agent of the association stating all
161 assessments and other moneys owed to the association by the
162 parcel owner or mortgagee with respect to the parcel. An
163 association may charge a fee for the preparation of such
164 certificate, and the amount of such fee must be stated on the
165 certificate.
166 (1) Any person other than a parcel owner who relies upon a
167 certificate receives the benefits and protection thereof.
168 (4)(2) A summary proceeding pursuant to s. 51.011 may be
169 brought to compel compliance with this section, and the
170 prevailing party is entitled to recover reasonable attorney
171 attorney’s fees.
172 (5)(a) An association or its agent may charge a fee, which
173 may not exceed its reasonable costs to prepare and deliver the
174 estoppel certificate. However, the fee for the estoppel
175 certificate may not exceed $250 if on the date the certificate
176 is issued, no delinquent amounts are owed to the association for
177 the applicable parcel. If an estoppel certificate is requested
178 on an expedited basis and delivered within 3 business days after
179 the request, the association may charge an additional fee of
180 $100. If delinquent amounts are owed to the association for the
181 applicable parcel, and additional fee for the certificate may
182 not exceed $100. The association may not charge a fee for an
183 estoppel certificate that is issued more than 10 business days
184 after it receives the request for the certificate. The maximum
185 allowable fees charged in accordance with this section shall be
186 adjusted every 3 years in an amount equal to the annual
187 increases for that 3-year period in the Consumer Price Index for
188 All Urban Consumers, U.S. City Average, all items.
189 (b) If the estoppel certificate is requested in conjunction
190 with the sale or refinancing of a parcel, the fee for the
191 certificate shall be paid to the association from the closing or
192 settlement proceeds. If the closing does not occur, the fee for