Florida Senate - 2012                          SENATOR AMENDMENT
       Bill No. CS for CS for SB 680
       
       
       
       
       
       
                                Barcode 880242                          
       
                              LEGISLATIVE ACTION                        
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       Senator Bogdanoff moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 1840 - 1861
    4  and insert:
    5         Section 19. Paragraphs (b), (c), and (d) of subsection (2)
    6  of section 720.3085, Florida Statutes, are amended to read:
    7         720.3085 Payment for assessments; lien claims.—
    8         (2)
    9         (b) A parcel owner, regardless of how the parcel owner has
   10  acquired title, including, but not limited to, by purchase at a
   11  foreclosure sale, is liable for all assessments that come due
   12  while he or she is the parcel owner. Additionally, a parcel
   13  owner is jointly and severally liable with the previous parcel
   14  owner for all unpaid assessments, late fees, interest, costs,
   15  and reasonable attorney fees incurred by the association in an
   16  attempt to collect all such amounts that came due up to the time
   17  of transfer of title. This liability is without prejudice to any
   18  right the present parcel owner may have to recover any amounts
   19  paid by the present owner from the previous owner the amounts
   20  paid by the present owner.
   21         (c)1.Notwithstanding anything to the contrary contained in
   22  this section, The liability of a first mortgagee, or its
   23  successors successor or assignees assignee as a subsequent
   24  holder of the first mortgage who acquire acquires title to a
   25  parcel by foreclosure or by deed in lieu of foreclosure for the
   26  unpaid assessments, interest, administrative late fees,
   27  reasonable costs and attorney fees, and any other fee, cost, or
   28  expense incurred in the collection process that became due
   29  before the mortgagee’s acquisition of title is limited to, shall
   30  be the lesser of:
   31         a.1.Only the parcel’s unpaid common expenses and regular
   32  periodic or special assessments that accrued or came due during
   33  the 12 months immediately preceding the acquisition of title and
   34  for which payment in full has not been received by the
   35  association; or
   36         b.2. One percent of the original mortgage debt.
   37         2. Subparagraph 1. applies The limitations on first
   38  mortgagee liability provided by this paragraph apply only if the
   39  first mortgagee filed suit against the parcel owner and
   40  initially joined the association as a defendant in the mortgagee
   41  foreclosure action. Joinder of the association is not required
   42  if, on the date the complaint is filed, the association was
   43  dissolved or did not maintain an office or agent for service of
   44  process at a location that was known to or reasonably
   45  discoverable by the mortgagee.
   46         3. The first mortgagee or its successors or assignees who
   47  acquire title to a parcel by foreclosure or by deed in lieu of
   48  foreclosure are not liable for any interest, administrative late
   49  fee, reasonable cost or attorney fee, or any other fee, cost, or
   50  expense that came due prior to its acquisition of title. This
   51  subparagraph is intended to clarify existing law.
   52         4.(d) An association, or its successor or assignee, that
   53  acquires title to a parcel through the foreclosure of its lien
   54  for assessments is not liable for any unpaid assessments, late
   55  fees, interest, or reasonable attorney attorney’s fees and costs
   56  that came due before the association’s acquisition of title in
   57  favor of any other association, as defined in s. 718.103(2) or
   58  s. 720.301(9), which holds a superior lien interest on the
   59  parcel. This paragraph is intended to clarify existing law.
   60         (d) The person acquiring title shall pay the amount owed to
   61  the association within 30 days after transfer of title. Failure
   62  to pay the full amount when due entitles the association to
   63  record a claim of lien against the parcel for the amounts
   64  specified in this subsection and proceed in the same manner as
   65  provided in this section for the collection of the amount owed
   66  and any unpaid assessments coming due after the acquisition of
   67  title and other charges authorized by subsection (3) on any
   68  unpaid assessments coming due after the acquisition of title.
   69         Section 20. Subsection (3) of section 721.16, Florida
   70  Statutes, is amended to read:
   71         721.16 Liens for overdue assessments; liens for labor
   72  performed on, or materials furnished to, a timeshare unit.—
   73         (3) The lien is effective from the date of recording a
   74  claim of lien in the official records of the county or counties
   75  in which the timeshare interest is located. The claim of lien
   76  shall state the name of the timeshare plan and identify the
   77  timeshare interest for which the lien is effective, state the
   78  name of the purchaser, state the assessment amount due, and
   79  state the due dates. Notwithstanding any provision of s.
   80  718.116(5) or s. 719.108(6) 719.108(4) to the contrary, the lien
   81  is effective until satisfied or until 5 years have expired after
   82  the date the claim of lien is recorded unless, within that time,
   83  an action to enforce the lien is commenced pursuant to
   84  subsection (2). A claim of lien for assessments may include only
   85  assessments which are due when the claim is recorded. A claim of
   86  lien shall be signed and acknowledged by an officer or agent of
   87  the managing entity. Upon full payment, the person making the
   88  payment is entitled to receive a satisfaction of the lien.
   89  
   90  ================= T I T L E  A M E N D M E N T ================
   91         And the title is amended as follows:
   92         Between lines 115 and 116
   93  insert:
   94         requiring a person acquiring title to pay certain
   95         amounts due within a certain time period; amending s.
   96         721.16, F.S.; conforming a cross-reference;