Florida Senate - 2024 SENATOR AMENDMENT
Bill No. CS for SB 278
Ì500158'Î500158
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AD/2R .
01/25/2024 09:23 AM .
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Senator Martin moved the following:
1 Senate Amendment
2
3 Delete lines 221 - 579
4 and insert:
5 (i) An association or a closing agent may not directly or
6 indirectly charge any fee for an estoppel certificate other than
7 those expressly authorized by this section. Unauthorized fees or
8 charges, whether described as a convenience fee, archive fee,
9 service fee, processing fee, delivery fee, credit card fee,
10 certification fee, third-party fee, or any other fee or charge,
11 are void and may be ignored by the requestor of the certificate.
12 (j) If an estoppel certificate is requested in conjunction
13 with the sale or refinancing of a unit, the fee for the
14 preparation and delivery of the estoppel certificate shall be
15 paid to the association from the closing or settlement proceeds.
16 If the closing does not occur, the fee for the preparation and
17 delivery of the estoppel certificate is payable by the unit
18 owner upon the expiration of the 30-day or 35-day effective
19 period of the certificate. The association may collect the fee
20 in the same manner as an assessment against the unit The fees
21 specified in this subsection shall be adjusted every 5 years in
22 an amount equal to the total of the annual increases for that 5
23 year period in the Consumer Price Index for All Urban Consumers,
24 U.S. City Average, All Items. The Department of Business and
25 Professional Regulation shall periodically calculate the fees,
26 rounded to the nearest dollar, and publish the amounts, as
27 adjusted, on its website.
28 Section 4. Subsection (6) of section 719.108, Florida
29 Statutes, is amended to read:
30 719.108 Rents and assessments; liability; lien and
31 priority; interest; collection; cooperative ownership.—
32 (6) Within 5 10 business days after receiving a written or
33 electronic request for an estoppel certificate from a unit owner
34 or the unit owner’s designee, or a unit mortgagee or the unit
35 mortgagee’s designee, the association shall issue the estoppel
36 certificate. Each association shall designate on its website a
37 person or entity with a street or e-mail address for receipt of
38 a request for an estoppel certificate issued pursuant to this
39 section. The estoppel certificate must be provided by hand
40 delivery, regular mail, or e-mail to the requestor on the date
41 of issuance of the estoppel certificate.
42 (a) An estoppel certificate may be completed by any board
43 member, authorized agent, or authorized representative of the
44 association, including any authorized agent, authorized
45 representative, or employee of a management company authorized
46 to complete this form on behalf of the board or association. The
47 estoppel certificate must contain all of the following
48 information and must be substantially in the following form:
49 1. Date of issuance:....
50 2. Name(s) of the unit owner(s) as reflected in the books
51 and records of the association:....
52 3. Unit designation and address:....
53 4. Parking or garage space number, as reflected in the
54 books and records of the association:....
55 5. Attorney’s name and contact information if the account
56 is delinquent and has been turned over to an attorney for
57 collection. No fee may be charged for this information.
58 6. Fee for the preparation and delivery of the estoppel
59 certificate:....
60 7. Name of the requestor:....
61 8. Assessment information and other information:
62
63 ASSESSMENT INFORMATION:
64
65 a. The regular periodic assessment levied against the unit
66 is $.... per ...(insert frequency of payment)....
67 b. The regular periodic assessment is paid through
68 ...(insert date paid through)....
69 c. The next installment of the regular periodic assessment
70 is due ...(insert due date)... in the amount of $.....
71 d. An itemized list of all assessments, special
72 assessments, and other moneys owed by the unit owner on the date
73 of issuance to the association for a specific unit is provided.
74 e. An itemized list of any additional assessments, special
75 assessments, and other moneys that are scheduled to become due
76 for each day after the date of issuance for the effective period
77 of the estoppel certificate is provided. In calculating the
78 amounts that are scheduled to become due, the association may
79 assume that any delinquent amounts will remain delinquent during
80 the effective period of the estoppel certificate.
81
82 OTHER INFORMATION:
83
84 f. Is there a capital contribution fee, resale fee,
85 transfer fee, or other fee due? ....(Yes) ....(No). If yes,
86 specify the type and amount of the fee.
87 g. Is there any open violation of rule or regulation
88 noticed to the unit owner in the association official records?
89 ....(Yes) ....(No).
90 h. Do the rules and regulations of the association
91 applicable to the unit require approval by the board of
92 directors of the association for the transfer of the unit?
93 ....(Yes) ....(No). If yes, has the board approved the transfer
94 of the unit? ....(Yes) ....(No).
95 i. Is there a right of first refusal provided to the
96 members or the association? ....(Yes) ....(No). If yes, have the
97 members or the association exercised that right of first
98 refusal? ....(Yes) ....(No).
99 j. Provide a list of, and contact information for, all
100 other associations of which the unit is a member.
101 k. Provide contact information for all insurance maintained
102 by the association.
103 l. Provide the signature of an officer or authorized agent
104 of the association.
105
106 The association, at its option, may include additional
107 information in the estoppel certificate.
108 (b) An estoppel certificate that is hand delivered or sent
109 by electronic means has a 30-day effective period. An estoppel
110 certificate that is sent by regular mail has a 35-day effective
111 period. If additional information or a mistake related to the
112 estoppel certificate becomes known to the association within the
113 effective period, an amended estoppel certificate may be
114 delivered and becomes effective if a sale or refinancing of the
115 unit has not been completed during the effective period. A fee
116 may not be charged for an amended estoppel certificate. An
117 amended estoppel certificate must be delivered on the date of
118 issuance, and a new 30-day or 35-day effective period begins on
119 such date.
120 (c) An association waives the right to collect any moneys
121 owed in excess of the amounts specified in the estoppel
122 certificate from any person who in good faith relies upon the
123 estoppel certificate and from the person’s successors and
124 assigns.
125 (d) If an association receives a request for an estoppel
126 certificate from a unit owner or the unit owner’s designee, or a
127 unit mortgagee or the unit mortgagee’s designee, and fails to
128 deliver the estoppel certificate within 5 10 business days, a
129 fee may not be charged for the preparation and delivery of that
130 estoppel certificate.
131 (e) A summary proceeding pursuant to s. 51.011 may be
132 brought to compel compliance with this subsection, and in any
133 such action the prevailing party is entitled to recover
134 reasonable attorney fees.
135 (f) Notwithstanding any limitation on transfer fees
136 contained in s. 719.106(1)(i), an association or its authorized
137 agent may charge a reasonable fee for the preparation and
138 delivery of an estoppel certificate, which may not exceed $250
139 if, on the date the certificate is issued, no delinquent amounts
140 are owed to the association for the applicable unit. If an
141 estoppel certificate is requested on an expedited basis and
142 delivered within 3 business days after the request, the
143 association may charge an additional fee of $100. If a
144 delinquent amount is owed to the association for the applicable
145 unit, an additional fee for the estoppel certificate may not
146 exceed $150.
147 (g) If estoppel certificates for multiple units owned by
148 the same owner are simultaneously requested from the same
149 association and there are no past due monetary obligations owed
150 to the association, the statement of moneys due for those units
151 may be delivered in one or more estoppel certificates, and, even
152 though the fee for each unit shall be computed as set forth in
153 paragraph (f), the total fee that the association may charge for
154 the preparation and delivery of the estoppel certificates may
155 not exceed, in the aggregate:
156 1. For 25 or fewer units, $750.
157 2. For 26 to 50 units, $1,000.
158 3. For 51 to 100 units, $1,500.
159 4. For more than 100 units, $2,500.
160 (h) The authority to charge a fee for the preparation and
161 delivery of the estoppel certificate must be established
162 annually by a written resolution adopted by the board or
163 provided by a written management, bookkeeping, or maintenance
164 contract and is payable upon the preparation of the certificate.
165 If the certificate is requested in conjunction with the sale or
166 mortgage of a parcel but the closing does not occur and no later
167 than 30 days after the closing date for which the certificate
168 was sought the preparer receives a written request, accompanied
169 by reasonable documentation, that the sale did not occur from a
170 payor that is not the parcel owner, the fee shall be refunded to
171 that payor within 30 days after receipt of the request. The
172 refund is the obligation of the parcel owner, and the
173 association may collect it from that owner in the same manner as
174 an assessment as provided in this section. The right to
175 reimbursement may not be waived or modified by any contract or
176 agreement. The prevailing party in any action brought to enforce
177 a right of reimbursement shall be awarded damages and all
178 applicable attorney fees and costs.
179 (i) An association or a closing agent may not directly or
180 indirectly charge any fee for an estoppel certificate other than
181 those expressly authorized by this section. Unauthorized fees or
182 charges, whether described as a convenience fee, archive fee,
183 service fee, processing fee, delivery fee, credit card fee,
184 certification fee, third-party fee, or any other fee or charge,
185 are void and may be ignored by the requestor of the certificate.
186 (j) If an estoppel certificate is requested in conjunction
187 with the sale or refinancing of a unit, the fee for the
188 preparation and delivery of the estoppel certificate shall be
189 paid to the association from the closing or settlement proceeds.
190 If the closing does not occur, the fee for the preparation and
191 delivery of the estoppel certificate is payable by the unit
192 owner upon the expiration of the 30-day or 35-day effective
193 period of the estoppel certificate. The association may collect
194 the fee in the same manner as an assessment against the unit The
195 fees specified in this subsection shall be adjusted every 5
196 years in an amount equal to the total of the annual increases
197 for that 5-year period in the Consumer Price Index for All Urban
198 Consumers, U.S. City Average, All Items. The Department of
199 Business and Professional Regulation shall periodically
200 calculate the fees, rounded to the nearest dollar, and publish
201 the amounts, as adjusted, on its website.
202 Section 5. Section 720.30851, Florida Statutes, is amended
203 to read:
204 720.30851 Estoppel certificates.—Within 5 10 business days
205 after receiving a written or electronic request for an estoppel
206 certificate from a parcel owner or the parcel owner’s designee,
207 or a parcel mortgagee or the parcel mortgagee’s designee, the
208 association shall issue the estoppel certificate. Each
209 association shall designate on its website a person or entity
210 with a street or e-mail address for receipt of a request for an
211 estoppel certificate issued pursuant to this section. The
212 estoppel certificate must be provided by hand delivery, regular
213 mail, or e-mail to the requestor on the date of issuance of the
214 estoppel certificate.
215 (1) An estoppel certificate may be completed by any board
216 member, authorized agent, or authorized representative of the
217 association, including any authorized agent, authorized
218 representative, or employee of a management company authorized
219 to complete this form on behalf of the board or association. The
220 estoppel certificate must contain all of the following
221 information and must be substantially in the following form:
222 (a) Date of issuance:....
223 (b) Name(s) of the parcel owner(s) as reflected in the
224 books and records of the association:....
225 (c) Parcel designation and address:....
226 (d) Parking or garage space number, as reflected in the
227 books and records of the association:....
228 (e) Attorney’s name and contact information if the account
229 is delinquent and has been turned over to an attorney for
230 collection. No fee may be charged for this information.
231 (f) Fee for the preparation and delivery of the estoppel
232 certificate:....
233 (g) Name of the requestor:....
234 (h) Assessment information and other information:
235
236 ASSESSMENT INFORMATION:
237
238 1. The regular periodic assessment levied against the
239 parcel is $.... per ...(insert frequency of payment)....
240 2. The regular periodic assessment is paid through
241 ...(insert date paid through)....
242 3. The next installment of the regular periodic assessment
243 is due ...(insert due date)... in the amount of $.....
244 4. An itemized list of all assessments, special
245 assessments, and other moneys owed on the date of issuance to
246 the association by the parcel owner for a specific parcel is
247 provided.
248 5. An itemized list of any additional assessments, special
249 assessments, and other moneys that are scheduled to become due
250 for each day after the date of issuance for the effective period
251 of the estoppel certificate is provided. In calculating the
252 amounts that are scheduled to become due, the association may
253 assume that any delinquent amounts will remain delinquent during
254 the effective period of the estoppel certificate.
255
256 OTHER INFORMATION:
257
258 6. Is there a capital contribution fee, resale fee,
259 transfer fee, or other fee due? ....(Yes) ....(No). If yes,
260 specify the type and amount of the fee.
261 7. Is there any open violation of rule or regulation
262 noticed to the parcel owner in the association official records?
263 ....(Yes) ....(No).
264 8. Do the rules and regulations of the association
265 applicable to the parcel require approval by the board of
266 directors of the association for the transfer of the parcel?
267 ....(Yes) ....(No). If yes, has the board approved the transfer
268 of the parcel? ....(Yes) ....(No).
269 9. Is there a right of first refusal provided to the
270 members or the association? ....(Yes) ....(No). If yes, have the
271 members or the association exercised that right of first
272 refusal? ....(Yes) ....(No).
273 10. Provide a list of, and contact information for, all
274 other associations of which the parcel is a member.
275 11. Provide contact information for all insurance
276 maintained by the association.
277 12. Provide the signature of an officer or authorized agent
278 of the association.
279
280 The association, at its option, may include additional
281 information in the estoppel certificate.
282 (2) An estoppel certificate that is hand delivered or sent
283 by electronic means has a 30-day effective period. An estoppel
284 certificate that is sent by regular mail has a 35-day effective
285 period. If additional information or a mistake related to the
286 estoppel certificate becomes known to the association within the
287 effective period, an amended estoppel certificate may be
288 delivered and becomes effective if a sale or refinancing of the
289 parcel has not been completed during the effective period. A fee
290 may not be charged for an amended estoppel certificate. An
291 amended estoppel certificate must be delivered on the date of
292 issuance, and a new 30-day or 35-day effective period begins on
293 such date.
294 (3) An association waives the right to collect any moneys
295 owed in excess of the amounts specified in the estoppel
296 certificate from any person who in good faith relies upon the
297 estoppel certificate and from the person’s successors and
298 assigns.
299 (4) If an association receives a request for an estoppel
300 certificate from a parcel owner or the parcel owner’s designee,
301 or a parcel mortgagee or the parcel mortgagee’s designee, and
302 fails to deliver the estoppel certificate within 5 10 business
303 days, a fee may not be charged for the preparation and delivery
304 of that estoppel certificate.
305 (5) A summary proceeding pursuant to s. 51.011 may be
306 brought to compel compliance with this section, and the
307 prevailing party is entitled to recover reasonable attorney
308 fees.
309 (6) An association or its authorized agent may charge a
310 reasonable fee for the preparation and delivery of an estoppel
311 certificate, which may not exceed $250, if, on the date the
312 certificate is issued, no delinquent amounts are owed to the
313 association for the applicable parcel. If an estoppel
314 certificate is requested on an expedited basis and delivered
315 within 3 business days after the request, the association may
316 charge an additional fee of $100. If a delinquent amount is owed
317 to the association for the applicable parcel, an additional fee
318 for the estoppel certificate may not exceed $150.
319 (7) If estoppel certificates for multiple parcels owned by
320 the same owner are simultaneously requested from the same
321 association and there are no past due monetary obligations owed
322 to the association, the statement of moneys due for those
323 parcels may be delivered in one or more estoppel certificates,
324 and, even though the fee for each parcel shall be computed as
325 set forth in subsection (6), the total fee that the association
326 may charge for the preparation and delivery of the estoppel
327 certificates may not exceed, in the aggregate:
328 (a) For 25 or fewer parcels, $750.
329 (b) For 26 to 50 parcels, $1,000.
330 (c) For 51 to 100 parcels, $1,500.
331 (d) For more than 100 parcels, $2,500.
332 (8) The authority to charge a fee for the preparation and
333 delivery of the estoppel certificate must be established
334 annually by a written resolution adopted by the board or
335 provided by a written management, bookkeeping, or maintenance
336 contract and is payable upon the preparation of the certificate.
337 If the certificate is requested in conjunction with the sale or
338 mortgage of a parcel but the closing does not occur and no later
339 than 30 days after the closing date for which the certificate
340 was sought the preparer receives a written request, accompanied
341 by reasonable documentation, that the sale did not occur from a
342 payor that is not the parcel owner, the fee shall be refunded to
343 that payor within 30 days after receipt of the request. The
344 refund is the obligation of the parcel owner, and the
345 association may collect it from that owner in the same manner as
346 an assessment as provided in this section. The right to
347 reimbursement may not be waived or modified by any contract or
348 agreement. The prevailing party in any action brought to enforce
349 a right of reimbursement shall be awarded damages and all
350 applicable attorney fees and costs.
351 (9) An association or a closing agent may not directly or
352 indirectly charge any fee for an estoppel certificate other than
353 those expressly authorized by this section. Unauthorized fees or
354 charges, whether described as a convenience fee, archive fee,
355 service fee, processing fee, delivery fee, credit card fee,
356 certification fee, third-party fee, or any other fee or charge,
357 are void and may be ignored by the requestor of the certificate.
358 (10) If an estoppel certificate is requested in conjunction
359 with the sale or refinancing of a parcel, the fee for the
360 preparation and delivery of the estoppel certificate shall be
361 paid to the association from the closing or settlement proceeds.
362 If the closing does not occur, the fee for the preparation and
363 delivery of the estoppel certificate is payable by the unit
364 owner upon the expiration of the 30-day or 35-day effective
365 period of the certificate. The association may collect the fee
366 in the same manner as an assessment against the parcel. The fees