Florida Senate - 2024                              CS for SB 278
       
       
        
       By the Committee on Fiscal Policy; and Senator Martin
       
       
       
       
       
       594-02238-24                                           2024278c1
    1                        A bill to be entitled                      
    2         An act relating to estoppel certificates; amending s.
    3         468.4334, F.S.; prohibiting agreements that indemnify
    4         a community association manager or community
    5         association management firm for errors or omissions
    6         relating to the provision or preparation of an
    7         estoppel certificate; amending s. 468.436, F.S.;
    8         revising acts that constitute grounds for which
    9         certain disciplinary actions may be taken to include
   10         specified actions relating to estoppel certificates;
   11         making technical changes; amending ss. 718.116,
   12         719.108, and 720.30851, F.S.; revising the time in
   13         which a community association must provide an estoppel
   14         certificate to a requestor; specifying the maximum
   15         charges for an estoppel certificate to a specified
   16         amount; requiring a community association to annually
   17         establish the authority to charge a fee for an
   18         estoppel certificate; limiting fees or charges for an
   19         estoppel certificate to those specified by law;
   20         deleting provisions providing for the adjustment of
   21         fees for an estoppel certificate based on changes in
   22         an inflation index; providing that the fee for the
   23         preparation and delivery of an estoppel certificate be
   24         paid from closing or settlement proceeds in certain
   25         circumstances; providing an effective date.
   26          
   27  Be It Enacted by the Legislature of the State of Florida:
   28  
   29         Section 1. Paragraph (b) of subsection (2) of section
   30  468.4334, Florida Statutes, is amended to read:
   31         468.4334 Professional practice standards; liability.—
   32         (2)
   33         (b) Indemnification under paragraph (a) may not cover any
   34  errors or omissions relating to the preparation or provision of
   35  an estoppel certificate, or any act or omission that violates a
   36  criminal law; derives an improper personal benefit, either
   37  directly or indirectly; is grossly negligent; or is reckless, is
   38  in bad faith, is with malicious purpose, or is in a manner
   39  exhibiting wanton and willful disregard of human rights, safety,
   40  or property.
   41         Section 2. Paragraph (b) of subsection (2) of section
   42  468.436, Florida Statutes, is amended to read:
   43         468.436 Disciplinary proceedings.—
   44         (2) The following acts constitute grounds for which the
   45  disciplinary actions in subsection (4) may be taken:
   46         (b)1. Violation of any provision of this part.
   47         2. Violation of any lawful order or rule rendered or
   48  adopted by the department or the council.
   49         3. Being convicted of or pleading nolo contendere to a
   50  felony in any court in the United States.
   51         4. Obtaining a license or certification or any other order,
   52  ruling, or authorization by means of fraud, misrepresentation,
   53  or concealment of material facts.
   54         5. Committing acts of gross misconduct or gross negligence
   55  in connection with the profession.
   56         6. Contracting, on behalf of an association, with any
   57  entity in which the licensee has a financial interest that is
   58  not disclosed.
   59         7. Violating any provision of chapter 718, chapter 719, or
   60  chapter 720 during the course of performing community
   61  association management services pursuant to a contract with a
   62  community association as defined in s. 468.431(1).
   63         8.a. Charging or attempting to charge fees or charges for
   64  an estoppel certificate, for which fees are not authorized or
   65  are in excess of the amounts authorized by chapter 718, chapter
   66  719, or chapter 720.
   67         b. Failing to timely provide an estoppel certificate or
   68  providing an incomplete estoppel certificate.
   69         Section 3. Subsection (8) of section 718.116, Florida
   70  Statutes, is amended to read:
   71         718.116 Assessments; liability; lien and priority;
   72  interest; collection.—
   73         (8) Within 5 10 business days after receiving a written or
   74  electronic request therefor from a unit owner or the unit
   75  owner’s designee, or a unit mortgagee or the unit mortgagee’s
   76  designee, the association shall issue the estoppel certificate.
   77  Each association shall designate on its website a person or
   78  entity with a street or e-mail address for receipt of a request
   79  for an estoppel certificate issued pursuant to this section. The
   80  estoppel certificate must be provided by hand delivery, regular
   81  mail, or e-mail to the requestor on the date of issuance of the
   82  estoppel certificate.
   83         (a) An estoppel certificate may be completed by any board
   84  member, authorized agent, or authorized representative of the
   85  association, including any authorized agent, authorized
   86  representative, or employee of a management company authorized
   87  to complete this form on behalf of the board or association. The
   88  estoppel certificate must contain all of the following
   89  information and must be substantially in the following form:
   90         1. Date of issuance:....
   91         2. Name(s) of the unit owner(s) as reflected in the books
   92  and records of the association:....
   93         3. Unit designation and address:....
   94         4. Parking or garage space number, as reflected in the
   95  books and records of the association:....
   96         5. Attorney’s name and contact information if the account
   97  is delinquent and has been turned over to an attorney for
   98  collection. No fee may be charged for this information.
   99         6. Fee for the preparation and delivery of the estoppel
  100  certificate:....
  101         7. Name of the requestor:....
  102         8. Assessment information and other information:
  103  
  104                       ASSESSMENT INFORMATION:                     
  105  
  106         a. The regular periodic assessment levied against the unit
  107  is $.... per ...(insert frequency of payment)....
  108         b. The regular periodic assessment is paid through
  109  ...(insert date paid through)....
  110         c. The next installment of the regular periodic assessment
  111  is due ...(insert due date)... in the amount of $.....
  112         d. An itemized list of all assessments, special
  113  assessments, and other moneys owed on the date of issuance to
  114  the association by the unit owner for a specific unit is
  115  provided.
  116         e. An itemized list of any additional assessments, special
  117  assessments, and other moneys that are scheduled to become due
  118  for each day after the date of issuance for the effective period
  119  of the estoppel certificate is provided. In calculating the
  120  amounts that are scheduled to become due, the association may
  121  assume that any delinquent amounts will remain delinquent during
  122  the effective period of the estoppel certificate.
  123  
  124                         OTHER INFORMATION:                        
  125  
  126         f. Is there a capital contribution fee, resale fee,
  127  transfer fee, or other fee due? ....(Yes) ....(No). If yes,
  128  specify the type and the amount of the fee.
  129         g. Is there any open violation of rule or regulation
  130  noticed to the unit owner in the association official records?
  131  ....(Yes) ....(No).
  132         h. Do the rules and regulations of the association
  133  applicable to the unit require approval by the board of
  134  directors of the association for the transfer of the unit?
  135  ....(Yes) ....(No). If yes, has the board approved the transfer
  136  of the unit? ....(Yes) ....(No).
  137         i. Is there a right of first refusal provided to the
  138  members or the association? ....(Yes) ....(No). If yes, have the
  139  members or the association exercised that right of first
  140  refusal? ....(Yes) ....(No).
  141         j. Provide a list of, and contact information for, all
  142  other associations of which the unit is a member.
  143         k. Provide contact information for all insurance maintained
  144  by the association.
  145         l. Provide the signature of an officer or authorized agent
  146  of the association.
  147  
  148  The association, at its option, may include additional
  149  information in the estoppel certificate.
  150         (b) An estoppel certificate that is hand delivered or sent
  151  by electronic means has a 30-day effective period. An estoppel
  152  certificate that is sent by regular mail has a 35-day effective
  153  period. If additional information or a mistake related to the
  154  estoppel certificate becomes known to the association within the
  155  effective period, an amended estoppel certificate may be
  156  delivered and becomes effective if a sale or refinancing of the
  157  unit has not been completed during the effective period. A fee
  158  may not be charged for an amended estoppel certificate. An
  159  amended estoppel certificate must be delivered on the date of
  160  issuance, and a new 30-day or 35-day effective period begins on
  161  such date.
  162         (c) An association waives the right to collect any moneys
  163  owed in excess of the amounts specified in the estoppel
  164  certificate from any person who in good faith relies upon the
  165  estoppel certificate and from the person’s successors and
  166  assigns.
  167         (d) If an association receives a request for an estoppel
  168  certificate from a unit owner or the unit owner’s designee, or a
  169  unit mortgagee or the unit mortgagee’s designee, and fails to
  170  deliver the estoppel certificate within 5 10 business days, a
  171  fee may not be charged for the preparation and delivery of that
  172  estoppel certificate.
  173         (e) A summary proceeding pursuant to s. 51.011 may be
  174  brought to compel compliance with this subsection, and in any
  175  such action the prevailing party is entitled to recover
  176  reasonable attorney fees.
  177         (f) Notwithstanding any limitation on transfer fees
  178  contained in s. 718.112(2)(k), an association or its authorized
  179  agent may charge a reasonable fee for the preparation and
  180  delivery of an estoppel certificate, which may not exceed $250,
  181  if, on the date the certificate is issued, no delinquent amounts
  182  are owed to the association for the applicable unit. If an
  183  estoppel certificate is requested on an expedited basis and
  184  delivered within 3 business days after the request, the
  185  association may charge an additional fee of $100. If a
  186  delinquent amount is owed to the association for the applicable
  187  unit, an additional fee for the estoppel certificate may not
  188  exceed $150.
  189         (g) If estoppel certificates for multiple units owned by
  190  the same owner are simultaneously requested from the same
  191  association and there are no past due monetary obligations owed
  192  to the association, the statement of moneys due for those units
  193  may be delivered in one or more estoppel certificates, and, even
  194  though the fee for each unit shall be computed as set forth in
  195  paragraph (f), the total fee that the association may charge for
  196  the preparation and delivery of the estoppel certificates may
  197  not exceed, in the aggregate:
  198         1. For 25 or fewer units, $750.
  199         2. For 26 to 50 units, $1,000.
  200         3. For 51 to 100 units, $1,500.
  201         4. For more than 100 units, $2,500.
  202         (h) The authority to charge a fee for the preparation and
  203  delivery of the estoppel certificate must be established
  204  annually by a written resolution adopted by the board or
  205  provided by a written management, bookkeeping, or maintenance
  206  contract and is payable upon the preparation of the certificate.
  207  If the certificate is requested in conjunction with the sale or
  208  mortgage of a unit but the closing does not occur and no later
  209  than 30 days after the closing date for which the certificate
  210  was sought the preparer receives a written request, accompanied
  211  by reasonable documentation, that the sale did not occur from a
  212  payor that is not the unit owner, the fee shall be refunded to
  213  that payor within 30 days after receipt of the request. The
  214  refund is the obligation of the unit owner, and the association
  215  may collect it from that owner in the same manner as an
  216  assessment as provided in this section. The right to
  217  reimbursement may not be waived or modified by any contract or
  218  agreement. The prevailing party in any action brought to enforce
  219  a right of reimbursement shall be awarded damages and all
  220  applicable attorney fees and costs.
  221         (i) An association may not directly or indirectly charge
  222  any fee for an estoppel certificate other than those expressly
  223  authorized by this section. Unauthorized fees or charges,
  224  whether described as a convenience fee, archive fee, service
  225  fee, processing fee, delivery fee, credit card fee,
  226  certification fee, third-party fee, or any other fee or charge,
  227  are void and may be ignored by the requestor of the certificate.
  228         (j) If an estoppel certificate is requested in conjunction
  229  with the sale or refinancing of a unit, the fee for the
  230  preparation and delivery of the estoppel certificate shall be
  231  paid to the association from the closing or settlement proceeds.
  232  If the closing does not occur, the fee for the preparation and
  233  delivery of the estoppel certificate remains the obligation of
  234  the unit owner, and the association may collect the fee in the
  235  same manner as an assessment against the unit. The fees
  236  specified in this subsection shall be adjusted every 5 years in
  237  an amount equal to the total of the annual increases for that 5
  238  year period in the Consumer Price Index for All Urban Consumers,
  239  U.S. City Average, All Items. The Department of Business and
  240  Professional Regulation shall periodically calculate the fees,
  241  rounded to the nearest dollar, and publish the amounts, as
  242  adjusted, on its website.
  243         Section 4. Subsection (6) of section 719.108, Florida
  244  Statutes, is amended to read:
  245         719.108 Rents and assessments; liability; lien and
  246  priority; interest; collection; cooperative ownership.—
  247         (6) Within 5 10 business days after receiving a written or
  248  electronic request for an estoppel certificate from a unit owner
  249  or the unit owner’s designee, or a unit mortgagee or the unit
  250  mortgagee’s designee, the association shall issue the estoppel
  251  certificate. Each association shall designate on its website a
  252  person or entity with a street or e-mail address for receipt of
  253  a request for an estoppel certificate issued pursuant to this
  254  section. The estoppel certificate must be provided by hand
  255  delivery, regular mail, or e-mail to the requestor on the date
  256  of issuance of the estoppel certificate.
  257         (a) An estoppel certificate may be completed by any board
  258  member, authorized agent, or authorized representative of the
  259  association, including any authorized agent, authorized
  260  representative, or employee of a management company authorized
  261  to complete this form on behalf of the board or association. The
  262  estoppel certificate must contain all of the following
  263  information and must be substantially in the following form:
  264         1. Date of issuance:....
  265         2. Name(s) of the unit owner(s) as reflected in the books
  266  and records of the association:....
  267         3. Unit designation and address:....
  268         4. Parking or garage space number, as reflected in the
  269  books and records of the association:....
  270         5. Attorney’s name and contact information if the account
  271  is delinquent and has been turned over to an attorney for
  272  collection. No fee may be charged for this information.
  273         6. Fee for the preparation and delivery of the estoppel
  274  certificate:....
  275         7. Name of the requestor:....
  276         8. Assessment information and other information:
  277  
  278                       ASSESSMENT INFORMATION:                     
  279  
  280         a. The regular periodic assessment levied against the unit
  281  is $.... per ...(insert frequency of payment)....
  282         b. The regular periodic assessment is paid through
  283  ...(insert date paid through)....
  284         c. The next installment of the regular periodic assessment
  285  is due ...(insert due date)... in the amount of $.....
  286         d. An itemized list of all assessments, special
  287  assessments, and other moneys owed by the unit owner on the date
  288  of issuance to the association for a specific unit is provided.
  289         e. An itemized list of any additional assessments, special
  290  assessments, and other moneys that are scheduled to become due
  291  for each day after the date of issuance for the effective period
  292  of the estoppel certificate is provided. In calculating the
  293  amounts that are scheduled to become due, the association may
  294  assume that any delinquent amounts will remain delinquent during
  295  the effective period of the estoppel certificate.
  296  
  297                         OTHER INFORMATION:                        
  298  
  299         f. Is there a capital contribution fee, resale fee,
  300  transfer fee, or other fee due? ....(Yes) ....(No). If yes,
  301  specify the type and amount of the fee.
  302         g. Is there any open violation of rule or regulation
  303  noticed to the unit owner in the association official records?
  304  ....(Yes) ....(No).
  305         h. Do the rules and regulations of the association
  306  applicable to the unit require approval by the board of
  307  directors of the association for the transfer of the unit?
  308  ....(Yes) ....(No). If yes, has the board approved the transfer
  309  of the unit? ....(Yes) ....(No).
  310         i. Is there a right of first refusal provided to the
  311  members or the association? ....(Yes) ....(No). If yes, have the
  312  members or the association exercised that right of first
  313  refusal? ....(Yes) ....(No).
  314         j. Provide a list of, and contact information for, all
  315  other associations of which the unit is a member.
  316         k. Provide contact information for all insurance maintained
  317  by the association.
  318         l. Provide the signature of an officer or authorized agent
  319  of the association.
  320  
  321  The association, at its option, may include additional
  322  information in the estoppel certificate.
  323         (b) An estoppel certificate that is hand delivered or sent
  324  by electronic means has a 30-day effective period. An estoppel
  325  certificate that is sent by regular mail has a 35-day effective
  326  period. If additional information or a mistake related to the
  327  estoppel certificate becomes known to the association within the
  328  effective period, an amended estoppel certificate may be
  329  delivered and becomes effective if a sale or refinancing of the
  330  unit has not been completed during the effective period. A fee
  331  may not be charged for an amended estoppel certificate. An
  332  amended estoppel certificate must be delivered on the date of
  333  issuance, and a new 30-day or 35-day effective period begins on
  334  such date.
  335         (c) An association waives the right to collect any moneys
  336  owed in excess of the amounts specified in the estoppel
  337  certificate from any person who in good faith relies upon the
  338  estoppel certificate and from the person’s successors and
  339  assigns.
  340         (d) If an association receives a request for an estoppel
  341  certificate from a unit owner or the unit owner’s designee, or a
  342  unit mortgagee or the unit mortgagee’s designee, and fails to
  343  deliver the estoppel certificate within 5 10 business days, a
  344  fee may not be charged for the preparation and delivery of that
  345  estoppel certificate.
  346         (e) A summary proceeding pursuant to s. 51.011 may be
  347  brought to compel compliance with this subsection, and in any
  348  such action the prevailing party is entitled to recover
  349  reasonable attorney fees.
  350         (f) Notwithstanding any limitation on transfer fees
  351  contained in s. 719.106(1)(i), an association or its authorized
  352  agent may charge a reasonable fee for the preparation and
  353  delivery of an estoppel certificate, which may not exceed $250
  354  if, on the date the certificate is issued, no delinquent amounts
  355  are owed to the association for the applicable unit. If an
  356  estoppel certificate is requested on an expedited basis and
  357  delivered within 3 business days after the request, the
  358  association may charge an additional fee of $100. If a
  359  delinquent amount is owed to the association for the applicable
  360  unit, an additional fee for the estoppel certificate may not
  361  exceed $150.
  362         (g) If estoppel certificates for multiple units owned by
  363  the same owner are simultaneously requested from the same
  364  association and there are no past due monetary obligations owed
  365  to the association, the statement of moneys due for those units
  366  may be delivered in one or more estoppel certificates, and, even
  367  though the fee for each unit shall be computed as set forth in
  368  paragraph (f), the total fee that the association may charge for
  369  the preparation and delivery of the estoppel certificates may
  370  not exceed, in the aggregate:
  371         1. For 25 or fewer units, $750.
  372         2. For 26 to 50 units, $1,000.
  373         3. For 51 to 100 units, $1,500.
  374         4. For more than 100 units, $2,500.
  375         (h) The authority to charge a fee for the preparation and
  376  delivery of the estoppel certificate must be established
  377  annually by a written resolution adopted by the board or
  378  provided by a written management, bookkeeping, or maintenance
  379  contract and is payable upon the preparation of the certificate.
  380  If the certificate is requested in conjunction with the sale or
  381  mortgage of a parcel but the closing does not occur and no later
  382  than 30 days after the closing date for which the certificate
  383  was sought the preparer receives a written request, accompanied
  384  by reasonable documentation, that the sale did not occur from a
  385  payor that is not the parcel owner, the fee shall be refunded to
  386  that payor within 30 days after receipt of the request. The
  387  refund is the obligation of the parcel owner, and the
  388  association may collect it from that owner in the same manner as
  389  an assessment as provided in this section. The right to
  390  reimbursement may not be waived or modified by any contract or
  391  agreement. The prevailing party in any action brought to enforce
  392  a right of reimbursement shall be awarded damages and all
  393  applicable attorney fees and costs.
  394         (i) An association may not directly or indirectly charge
  395  any fee for an estoppel certificate other than those expressly
  396  authorized by this section. Unauthorized fees or charges,
  397  whether described as a convenience fee, archive fee, service
  398  fee, processing fee, delivery fee, credit card fee,
  399  certification fee, third-party fee, or any other fee or charge,
  400  are void and may be ignored by the requestor of the certificate.
  401         (j) If an estoppel certificate is requested in conjunction
  402  with the sale or refinancing of a unit, the fee for the
  403  preparation and delivery of the estoppel certificate shall be
  404  paid to the association from the closing or settlement proceeds.
  405  If the closing does not occur, the fee for the preparation and
  406  delivery of the estoppel certificate remains the obligation of
  407  the unit owner, and the association may collect the fee in the
  408  same manner as an assessment against the unit. The fees
  409  specified in this subsection shall be adjusted every 5 years in
  410  an amount equal to the total of the annual increases for that 5
  411  year period in the Consumer Price Index for All Urban Consumers,
  412  U.S. City Average, All Items. The Department of Business and
  413  Professional Regulation shall periodically calculate the fees,
  414  rounded to the nearest dollar, and publish the amounts, as
  415  adjusted, on its website.
  416         Section 5. Section 720.30851, Florida Statutes, is amended
  417  to read:
  418         720.30851 Estoppel certificates.—Within 5 10 business days
  419  after receiving a written or electronic request for an estoppel
  420  certificate from a parcel owner or the parcel owner’s designee,
  421  or a parcel mortgagee or the parcel mortgagee’s designee, the
  422  association shall issue the estoppel certificate. Each
  423  association shall designate on its website a person or entity
  424  with a street or e-mail address for receipt of a request for an
  425  estoppel certificate issued pursuant to this section. The
  426  estoppel certificate must be provided by hand delivery, regular
  427  mail, or e-mail to the requestor on the date of issuance of the
  428  estoppel certificate.
  429         (1) An estoppel certificate may be completed by any board
  430  member, authorized agent, or authorized representative of the
  431  association, including any authorized agent, authorized
  432  representative, or employee of a management company authorized
  433  to complete this form on behalf of the board or association. The
  434  estoppel certificate must contain all of the following
  435  information and must be substantially in the following form:
  436         (a) Date of issuance:....
  437         (b) Name(s) of the parcel owner(s) as reflected in the
  438  books and records of the association:....
  439         (c) Parcel designation and address:....
  440         (d) Parking or garage space number, as reflected in the
  441  books and records of the association:....
  442         (e) Attorney’s name and contact information if the account
  443  is delinquent and has been turned over to an attorney for
  444  collection. No fee may be charged for this information.
  445         (f) Fee for the preparation and delivery of the estoppel
  446  certificate:....
  447         (g) Name of the requestor:....
  448         (h) Assessment information and other information:
  449  
  450                       ASSESSMENT INFORMATION:                     
  451  
  452         1. The regular periodic assessment levied against the
  453  parcel is $.... per ...(insert frequency of payment)....
  454         2. The regular periodic assessment is paid through
  455  ...(insert date paid through)....
  456         3. The next installment of the regular periodic assessment
  457  is due ...(insert due date)... in the amount of $.....
  458         4. An itemized list of all assessments, special
  459  assessments, and other moneys owed on the date of issuance to
  460  the association by the parcel owner for a specific parcel is
  461  provided.
  462         5. An itemized list of any additional assessments, special
  463  assessments, and other moneys that are scheduled to become due
  464  for each day after the date of issuance for the effective period
  465  of the estoppel certificate is provided. In calculating the
  466  amounts that are scheduled to become due, the association may
  467  assume that any delinquent amounts will remain delinquent during
  468  the effective period of the estoppel certificate.
  469  
  470                         OTHER INFORMATION:                        
  471  
  472         6. Is there a capital contribution fee, resale fee,
  473  transfer fee, or other fee due? ....(Yes) ....(No). If yes,
  474  specify the type and amount of the fee.
  475         7. Is there any open violation of rule or regulation
  476  noticed to the parcel owner in the association official records?
  477  ....(Yes) ....(No).
  478         8. Do the rules and regulations of the association
  479  applicable to the parcel require approval by the board of
  480  directors of the association for the transfer of the parcel?
  481  ....(Yes) ....(No). If yes, has the board approved the transfer
  482  of the parcel? ....(Yes) ....(No).
  483         9. Is there a right of first refusal provided to the
  484  members or the association? ....(Yes) ....(No). If yes, have the
  485  members or the association exercised that right of first
  486  refusal? ....(Yes) ....(No).
  487         10. Provide a list of, and contact information for, all
  488  other associations of which the parcel is a member.
  489         11. Provide contact information for all insurance
  490  maintained by the association.
  491         12. Provide the signature of an officer or authorized agent
  492  of the association.
  493  
  494  The association, at its option, may include additional
  495  information in the estoppel certificate.
  496         (2) An estoppel certificate that is hand delivered or sent
  497  by electronic means has a 30-day effective period. An estoppel
  498  certificate that is sent by regular mail has a 35-day effective
  499  period. If additional information or a mistake related to the
  500  estoppel certificate becomes known to the association within the
  501  effective period, an amended estoppel certificate may be
  502  delivered and becomes effective if a sale or refinancing of the
  503  parcel has not been completed during the effective period. A fee
  504  may not be charged for an amended estoppel certificate. An
  505  amended estoppel certificate must be delivered on the date of
  506  issuance, and a new 30-day or 35-day effective period begins on
  507  such date.
  508         (3) An association waives the right to collect any moneys
  509  owed in excess of the amounts specified in the estoppel
  510  certificate from any person who in good faith relies upon the
  511  estoppel certificate and from the person’s successors and
  512  assigns.
  513         (4) If an association receives a request for an estoppel
  514  certificate from a parcel owner or the parcel owner’s designee,
  515  or a parcel mortgagee or the parcel mortgagee’s designee, and
  516  fails to deliver the estoppel certificate within 5 10 business
  517  days, a fee may not be charged for the preparation and delivery
  518  of that estoppel certificate.
  519         (5) A summary proceeding pursuant to s. 51.011 may be
  520  brought to compel compliance with this section, and the
  521  prevailing party is entitled to recover reasonable attorney
  522  fees.
  523         (6) An association or its authorized agent may charge a
  524  reasonable fee for the preparation and delivery of an estoppel
  525  certificate, which may not exceed $250, if, on the date the
  526  certificate is issued, no delinquent amounts are owed to the
  527  association for the applicable parcel. If an estoppel
  528  certificate is requested on an expedited basis and delivered
  529  within 3 business days after the request, the association may
  530  charge an additional fee of $100. If a delinquent amount is owed
  531  to the association for the applicable parcel, an additional fee
  532  for the estoppel certificate may not exceed $150.
  533         (7) If estoppel certificates for multiple parcels owned by
  534  the same owner are simultaneously requested from the same
  535  association and there are no past due monetary obligations owed
  536  to the association, the statement of moneys due for those
  537  parcels may be delivered in one or more estoppel certificates,
  538  and, even though the fee for each parcel shall be computed as
  539  set forth in subsection (6), the total fee that the association
  540  may charge for the preparation and delivery of the estoppel
  541  certificates may not exceed, in the aggregate:
  542         (a) For 25 or fewer parcels, $750.
  543         (b) For 26 to 50 parcels, $1,000.
  544         (c) For 51 to 100 parcels, $1,500.
  545         (d) For more than 100 parcels, $2,500.
  546         (8) The authority to charge a fee for the preparation and
  547  delivery of the estoppel certificate must be established
  548  annually by a written resolution adopted by the board or
  549  provided by a written management, bookkeeping, or maintenance
  550  contract and is payable upon the preparation of the certificate.
  551  If the certificate is requested in conjunction with the sale or
  552  mortgage of a parcel but the closing does not occur and no later
  553  than 30 days after the closing date for which the certificate
  554  was sought the preparer receives a written request, accompanied
  555  by reasonable documentation, that the sale did not occur from a
  556  payor that is not the parcel owner, the fee shall be refunded to
  557  that payor within 30 days after receipt of the request. The
  558  refund is the obligation of the parcel owner, and the
  559  association may collect it from that owner in the same manner as
  560  an assessment as provided in this section. The right to
  561  reimbursement may not be waived or modified by any contract or
  562  agreement. The prevailing party in any action brought to enforce
  563  a right of reimbursement shall be awarded damages and all
  564  applicable attorney fees and costs.
  565         (9) An association may not directly or indirectly charge
  566  any fee for an estoppel certificate other than those expressly
  567  authorized by this section. Unauthorized fees or charges,
  568  whether described as a convenience fee, archive fee, service
  569  fee, processing fee, delivery fee, credit card fee,
  570  certification fee, third-party fee, or any other fee or charge,
  571  are void and may be ignored by the requestor of the certificate.
  572         (10) If an estoppel certificate is requested in conjunction
  573  with the sale or refinancing of a parcel, the fee for the
  574  preparation and delivery of the estoppel certificate shall be
  575  paid to the association from the closing or settlement proceeds.
  576  If the closing does not occur, the fee for the preparation and
  577  delivery of the estoppel certificate remains the obligation of
  578  the parcel owner, and the association may collect the fee in the
  579  same manner as an assessment against the parcel. The fees
  580  specified in this section shall be adjusted every 5 years in an
  581  amount equal to the total of the annual increases for that 5
  582  year period in the Consumer Price Index for All Urban Consumers,
  583  U.S. City Average, All Items. The Department of Business and
  584  Professional Regulation shall periodically calculate the fees,
  585  rounded to the nearest dollar, and publish the amounts, as
  586  adjusted, on its website.
  587         Section 6.  This act shall take effect July 1, 2024.