Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/SB 736, 1st Eng.
       
       
       
       
       
       
                                Ì729882OÎ729882                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/F/3R          .                                
             04/23/2015 02:28 PM       .                                
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       Senator Abruzzo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 98 - 284
    4  and insert:
    5         2. If the estoppel certificate is requested in conjunction
    6  with the sale or refinancing of a unit, and if the fee has not
    7  been paid in advance, the fee for the certificate shall be paid
    8  to the association from the closing or settlement proceeds. The
    9  fee for the certificate is the obligation of the unit owner, and
   10  the association may collect the fee in the same manner as an
   11  assessment against the unit. An association may not require the
   12  payment of any other fees as a condition for the preparation or
   13  delivery of an estoppel certificate. The association may not
   14  condition the delivery of an estoppel certificate on the payment
   15  of the estoppel fee before closing.
   16         (f)(d) The authority to charge a fee for the estoppel
   17  certificate must shall be established by a written resolution
   18  adopted by the board or provided by a written management,
   19  bookkeeping, or maintenance contract and is payable upon the
   20  preparation of the certificate. If the certificate is requested
   21  in conjunction with the sale or mortgage of a unit but the
   22  closing does not occur and no later than 30 days after the
   23  closing date for which the certificate was sought the preparer
   24  receives a written request, accompanied by reasonable
   25  documentation, that the sale did not occur from a payor that is
   26  not the unit owner, the fee shall be refunded to that payor
   27  within 30 days after receipt of the request. The refund is the
   28  obligation of the unit owner, and the association may collect it
   29  from that owner in the same manner as an assessment as provided
   30  in this section.
   31         Section 2. Subsection (6) of section 719.108, Florida
   32  Statutes, is amended to read:
   33         719.108 Rents and assessments; liability; lien and
   34  priority; interest; collection; cooperative ownership.—
   35         (6) An association shall issue an estoppel certificate to a
   36  unit owner or the unit owner’s designee or a unit mortgagee or
   37  the unit mortgagee’s designee within 10 business 15 days after
   38  receiving a written or electronic request for the certificate.
   39  The estoppel certificate must be delivered by mail, by hand
   40  delivery, or by electronic means to the requester on the date of
   41  issuance.
   42         (a) The estoppel certificate must contain all of the
   43  following:
   44         1. The date of issuance.
   45         2. The amount of all assessments and other moneys owed to
   46  the association by the unit owner for a specific unit on the
   47  date of issuance. This amount is limited to the amounts
   48  authorized to be recorded in the official records of the
   49  association under s. 719.104(2).
   50         3. The amount of any additional assessments and other
   51  moneys that are scheduled to become due for each day after the
   52  date of issuance for the 30-day or 35-day effective period of
   53  the estoppel certificate. This amount is limited to the amounts
   54  authorized to be recorded in the official records of the
   55  association under s. 719.104(2). In calculating the amounts that
   56  are scheduled to become due, the association may assume that any
   57  delinquent amounts will remain delinquent during the effective
   58  period of the estoppel certificate.
   59         4. The amount of any fee charged by the association for
   60  preparing and delivering the estoppel certificate. This fee is
   61  in addition to any other amounts on the estoppel certificate.
   62         5. The signature of an officer or agent of the association.
   63         (b) An estoppel certificate that is delivered on the date
   64  of issuance has a 30-day effective period. An estoppel
   65  certificate that is mailed to the requester has a 35-day
   66  effective period.
   67         (c) An association waives the right to collect any moneys
   68  owed in excess of the amounts specified in the estoppel
   69  certificate from any person who in good faith relies upon the
   70  estoppel certificate and from that person’s successors and
   71  assigns.
   72         (d) A summary proceeding pursuant to s. 51.011 may be
   73  brought to compel compliance with this subsection, and in any
   74  such action the prevailing party is entitled to recover
   75  reasonable attorney fees by a unit owner or mortgagee, the
   76  association shall provide a certificate stating all assessments
   77  and other moneys owed to the association by the unit owner with
   78  respect to the cooperative parcel. Any person other than the
   79  unit owner who relies upon such certificate shall be protected
   80  thereby.
   81         (e)1. Notwithstanding any limitation on transfer fees
   82  contained in s. 719.106(1)(i), an the association or its
   83  authorized agent may charge a reasonable fee, which may not
   84  exceed its reasonable costs to prepare and deliver for the
   85  preparation of the estoppel certificate. However, the fee for
   86  the estoppel certificate may not exceed $200 if on the date the
   87  certificate is issued, no delinquent amounts are owed to the
   88  association for the applicable unit. If an estoppel certificate
   89  is requested on an expedited basis and delivered within 3
   90  business days after the request, the association may charge an
   91  additional fee of $100. If delinquent amounts are owed to the
   92  association for the applicable unit, an additional fee for the
   93  estoppel certificate may not exceed $200. The association may
   94  not charge a fee for an estoppel certificate that is issued more
   95  than 10 business days after it receives a request for the
   96  certificate. The maximum allowable fees charged in accordance
   97  with this section shall be adjusted every 3 years in an amount
   98  equal to the annual increases for that 3-year period in the
   99  Consumer Price Index for All Urban Consumers, U.S. City Average,
  100  all items.
  101         2. If the estoppel certificate is requested in conjunction
  102  with the sale or refinancing of a unit, and if the fee has not
  103  been paid in advance, the fee for the certificate shall be paid
  104  to the association from the closing or settlement proceeds. The
  105  fee for the certificate is the obligation of the unit owner, and
  106  the association may collect the fee in the same manner as an
  107  assessment against the unit. An association may not require the
  108  payment of any other fees as a condition for the preparation or
  109  delivery of an estoppel certificate. The association may not
  110  condition the delivery of an estoppel certificate on the payment
  111  of the estoppel fee before closing.
  112         (f) The authority to charge a fee for the estoppel
  113  certificate must be established by a written resolution adopted
  114  by the board or provided by a written management, bookkeeping,
  115  or maintenance contract.
  116         Section 3. Section 720.30851, Florida Statutes, is amended
  117  to read:
  118         720.30851 Estoppel certificates.—An association shall issue
  119  an estoppel certificate to a parcel owner or the parcel owner’s
  120  designee or a mortgagee or the mortgagee’s designee within 10
  121  business 15 days after receiving a written or electronic request
  122  for the certificate. The estoppel certificate must be delivered
  123  by mail, by hand delivery, or by electronic means to the
  124  requester on the date of issuance.
  125         (1) The estoppel certificate must contain all of the
  126  following:
  127         (a) The date of issuance.
  128         (b) The amount of all assessments and other moneys owed to
  129  the association by the parcel owner for a specific parcel as
  130  recorded on the date of issuance. This amount is limited to
  131  amounts authorized by statute to be recorded in the official
  132  records of the association under s. 720.303(4).
  133         (c) The amount of any additional assessments and other
  134  moneys that are scheduled to become due for each day after the
  135  date of issuance for the 30-day or 35-day effective period of
  136  the estoppel certificate. This amount is limited to amounts
  137  authorized by statute to be recorded in the official records of
  138  the association under s. 720.303(4). In calculating the amounts
  139  that are scheduled to become due, the association may assume
  140  that any delinquent amounts will remain delinquent during the
  141  effective period of the estoppel certificate.
  142         (d) The amount of any fee charged by the association for
  143  preparing and delivering the estoppel certificate. This fee is
  144  in addition to any other amounts on the certificate.
  145         (e) The signature of an officer or agent of the
  146  association.
  147         (2) An estoppel certificate that is delivered on the date
  148  of issuance has a 30-day effective period. An estoppel
  149  certificate that is mailed to the requester has a 35-day
  150  effective period.
  151         (3) An association waives the right to collect any moneys
  152  owed in excess of the amounts specified in the estoppel
  153  certificate from any person who in good faith relies upon the
  154  estoppel certificate and from that person’s successors and
  155  assigns the date on which a request for an estoppel certificate
  156  is received from a parcel owner or mortgagee, or his or her
  157  designee, the association shall provide a certificate signed by
  158  an officer or authorized agent of the association stating all
  159  assessments and other moneys owed to the association by the
  160  parcel owner or mortgagee with respect to the parcel. An
  161  association may charge a fee for the preparation of such
  162  certificate, and the amount of such fee must be stated on the
  163  certificate.
  164         (1) Any person other than a parcel owner who relies upon a
  165  certificate receives the benefits and protection thereof.
  166         (4)(2) A summary proceeding pursuant to s. 51.011 may be
  167  brought to compel compliance with this section, and the
  168  prevailing party is entitled to recover reasonable attorney
  169  attorney’s fees.
  170         (5)(a) An association or its agent may charge a fee, which
  171  may not exceed its reasonable costs to prepare and deliver the
  172  estoppel certificate. However, the fee for the estoppel
  173  certificate may not exceed $200 if on the date the certificate
  174  is issued, no delinquent amounts are owed to the association for
  175  the applicable parcel. If an estoppel certificate is requested
  176  on an expedited basis and delivered within 3 business days after
  177  the request, the association may charge an additional fee of
  178  $100. If delinquent amounts are owed to the association for the
  179  applicable parcel, an additional fee for the certificate may not
  180  exceed $200. The association may not charge a fee for an
  181  estoppel certificate that is issued more than 10 business days
  182  after it receives the request for the certificate. The maximum
  183  allowable fees charged in accordance with this section shall be
  184  adjusted every 3 years in an amount equal to the annual
  185  increases for that 3-year period in the Consumer Price Index for
  186  All Urban Consumers, U.S. City Average, all items.
  187         (b) If the estoppel certificate is requested in conjunction
  188  with the sale or refinancing of a parcel, and if the fee has not
  189  been paid in advance, the fee for the certificate shall be paid
  190  to the association from the closing or settlement proceeds. The
  191  fee for the certificate is the obligation of the parcel owner,
  192  and the association may collect the fee in the same manner as an
  193  assessment against the parcel. An association may not require
  194  the payment of any other fees as a condition for the preparation
  195  or delivery of an estoppel certificate. The association may not
  196  condition the delivery of an estoppel certificate on the payment
  197  of the estoppel fee before closing.
  198  
  199  ================= T I T L E  A M E N D M E N T ================
  200  And the title is amended as follows:
  201         Between lines 15 and 16
  202  insert:
  203         prohibiting an association from conditioning the
  204         delivery of an estoppel certificate on the payment of
  205         an estoppel fee before closing;