Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 736
       
       
       
       
       
       
                                Ì3181846Î318184                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/15/2015           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       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