Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 736
       
       
       
       
       
       
                                Ì706802ÅÎ706802                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/RS/2R         .                                
             04/22/2015 11:06 AM       .                                
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       Senators Negron and Latvala moved the following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 82 - 269
    4  and insert:
    5  the estoppel certificate may not exceed $150 if on the date the
    6  certificate is issued, no delinquent amounts are owed to the
    7  association for the applicable unit. If an estoppel certificate
    8  is requested on an expedited basis and delivered within 3
    9  business days after the request, the association may charge an
   10  additional fee of $100. If delinquent amounts are owed to the
   11  association for the applicable unit, an additional fee for the
   12  estoppel certificate may not exceed $200. The association may
   13  not charge a fee for an estoppel certificate that is issued more
   14  than 10 business days after it receives the request for the
   15  certificate. The maximum allowable fees charged in accordance
   16  with this section shall be adjusted every 3 years in an amount
   17  equal to the annual increases for that 3-year period in the
   18  Consumer Price Index for All Urban Consumers, U.S. City Average,
   19  all items The amount of the fee must be included on the
   20  certificate.
   21         2. If the estoppel certificate is requested in conjunction
   22  with the sale or refinancing of a unit, the fee for the
   23  certificate shall be paid to the association from the closing or
   24  settlement proceeds. If the closing does not occur, the fee for
   25  the certificate is the obligation of the unit owner, and the
   26  association may collect the fee in the same manner as an
   27  assessment against the unit. An association may not require the
   28  payment of any other fees as a condition for the preparation or
   29  delivery of an estoppel certificate.
   30         (f)(d) The authority to charge a fee for the estoppel
   31  certificate must shall be established by a written resolution
   32  adopted by the board or provided by a written management,
   33  bookkeeping, or maintenance contract and is payable upon the
   34  preparation of the certificate. If the certificate is requested
   35  in conjunction with the sale or mortgage of a unit but the
   36  closing does not occur and no later than 30 days after the
   37  closing date for which the certificate was sought the preparer
   38  receives a written request, accompanied by reasonable
   39  documentation, that the sale did not occur from a payor that is
   40  not the unit owner, the fee shall be refunded to that payor
   41  within 30 days after receipt of the request. The refund is the
   42  obligation of the unit owner, and the association may collect it
   43  from that owner in the same manner as an assessment as provided
   44  in this section.
   45         Section 2. Subsection (6) of section 719.108, Florida
   46  Statutes, is amended to read:
   47         719.108 Rents and assessments; liability; lien and
   48  priority; interest; collection; cooperative ownership.—
   49         (6) An association shall issue an estoppel certificate to a
   50  unit owner or the unit owner’s designee or a unit mortgagee or
   51  the unit mortgagee’s designee within 10 business 15 days after
   52  receiving a written or electronic request for the certificate.
   53  The estoppel certificate must be delivered by mail, by hand
   54  delivery, or by electronic means to the requester on the date of
   55  issuance.
   56         (a) The estoppel certificate must contain all of the
   57  following:
   58         1. The date of issuance.
   59         2. The amount of all assessments and other moneys owed to
   60  the association by the unit owner for a specific unit on the
   61  date of issuance. This amount is limited to the amounts
   62  authorized to be recorded in the official records of the
   63  association under s. 719.104(2).
   64         3. The amount of any additional assessments and other
   65  moneys that are scheduled to become due for each day after the
   66  date of issuance for the 30-day or 35-day effective period of
   67  the estoppel certificate. This amount is limited to the amounts
   68  authorized to be recorded in the official records of the
   69  association under s. 719.104(2). In calculating the amounts that
   70  are scheduled to become due, the association may assume that any
   71  delinquent amounts will remain delinquent during the effective
   72  period of the estoppel certificate.
   73         4. The amount of any fee charged by the association for
   74  preparing and delivering the estoppel certificate. This fee is
   75  in addition to any other amounts on the estoppel certificate.
   76         5. The signature of an officer or agent of the association.
   77         (b) An estoppel certificate that is delivered on the date
   78  of issuance has a 30-day effective period. An estoppel
   79  certificate that is mailed to the requester has a 35-day
   80  effective period.
   81         (c) An association waives the right to collect any moneys
   82  owed in excess of the amounts specified in the estoppel
   83  certificate from any person who in good faith relies upon the
   84  estoppel certificate and from that person’s successors and
   85  assigns.
   86         (d) A summary proceeding pursuant to s. 51.011 may be
   87  brought to compel compliance with this subsection, and in any
   88  such action the prevailing party is entitled to recover
   89  reasonable attorney fees by a unit owner or mortgagee, the
   90  association shall provide a certificate stating all assessments
   91  and other moneys owed to the association by the unit owner with
   92  respect to the cooperative parcel. Any person other than the
   93  unit owner who relies upon such certificate shall be protected
   94  thereby.
   95         (e)1. Notwithstanding any limitation on transfer fees
   96  contained in s. 719.106(1)(i), an the association or its
   97  authorized agent may charge a reasonable fee, which may not
   98  exceed its reasonable costs to prepare and deliver for the
   99  preparation of the estoppel certificate. However, the fee for
  100  the estoppel certificate may not exceed $150 if on the date the
  101  certificate is issued, no delinquent amounts are owed to the
  102  association for the applicable unit. If an estoppel certificate
  103  is requested on an expedited basis and delivered within 3
  104  business days after the request, the association may charge an
  105  additional fee of $100. If delinquent amounts are owed to the
  106  association for the applicable unit, an additional fee for the
  107  estoppel certificate may not exceed $200. The association may
  108  not charge a fee for an estoppel certificate that is issued more
  109  than 10 business days after it receives a request for the
  110  certificate. The maximum allowable fees charged in accordance
  111  with this section shall be adjusted every 3 years in an amount
  112  equal to the annual increases for that 3-year period in the
  113  Consumer Price Index for All Urban Consumers, U.S. City Average,
  114  all items.
  115         2. If the estoppel certificate is requested in conjunction
  116  with the sale or refinancing of a unit, the fee for the
  117  certificate shall be paid to the association from the closing or
  118  settlement proceeds. If the closing does not occur, the fee for
  119  the certificate is the obligation of the unit owner, and the
  120  association may collect the fee in the same manner as an
  121  assessment against the unit. An association may not require the
  122  payment of any other fees as a condition for the preparation or
  123  delivery of an estoppel certificate.
  124         (f) The authority to charge a fee for the estoppel
  125  certificate must be established by a written resolution adopted
  126  by the board or provided by a written management, bookkeeping,
  127  or maintenance contract.
  128         Section 3. Section 720.30851, Florida Statutes, is amended
  129  to read:
  130         720.30851 Estoppel certificates.—An association shall issue
  131  an estoppel certificate to a parcel owner or the parcel owner’s
  132  designee or a mortgagee or the mortgagee’s designee within 10
  133  business 15 days after receiving a written or electronic request
  134  for the certificate. The estoppel certificate must be delivered
  135  by mail, by hand delivery, or by electronic means to the
  136  requester on the date of issuance.
  137         (1) The estoppel certificate must contain all of the
  138  following:
  139         (a) The date of issuance.
  140         (b) The amount of all assessments and other moneys owed to
  141  the association by the parcel owner for a specific parcel as
  142  recorded on the date of issuance. This amount is limited to
  143  amounts authorized by statute to be recorded in the official
  144  records of the association under s. 720.303(4).
  145         (c) The amount of any additional assessments and other
  146  moneys that are scheduled to become due for each day after the
  147  date of issuance for the 30-day or 35-day effective period of
  148  the estoppel certificate. This amount is limited to amounts
  149  authorized by statute to be recorded in the official records of
  150  the association under s. 720.303(4). In calculating the amounts
  151  that are scheduled to become due, the association may assume
  152  that any delinquent amounts will remain delinquent during the
  153  effective period of the estoppel certificate.
  154         (d) The amount of any fee charged by the association for
  155  preparing and delivering the estoppel certificate. This fee is
  156  in addition to any other amounts on the certificate.
  157         (e) The signature of an officer or agent of the
  158  association.
  159         (2) An estoppel certificate that is delivered on the date
  160  of issuance has a 30-day effective period. An estoppel
  161  certificate that is mailed to the requester has a 35-day
  162  effective period.
  163         (3) An association waives the right to collect any moneys
  164  owed in excess of the amounts specified in the estoppel
  165  certificate from any person who in good faith relies upon the
  166  estoppel certificate and from that person’s successors and
  167  assigns the date on which a request for an estoppel certificate
  168  is received from a parcel owner or mortgagee, or his or her
  169  designee, the association shall provide a certificate signed by
  170  an officer or authorized agent of the association stating all
  171  assessments and other moneys owed to the association by the
  172  parcel owner or mortgagee with respect to the parcel. An
  173  association may charge a fee for the preparation of such
  174  certificate, and the amount of such fee must be stated on the
  175  certificate.
  176         (1) Any person other than a parcel owner who relies upon a
  177  certificate receives the benefits and protection thereof.
  178         (4)(2) A summary proceeding pursuant to s. 51.011 may be
  179  brought to compel compliance with this section, and the
  180  prevailing party is entitled to recover reasonable attorney
  181  attorney’s fees.
  182         (5)(a) An association or its agent may charge a fee, which
  183  may not exceed its reasonable costs to prepare and deliver the
  184  estoppel certificate. However, the fee for the estoppel
  185  certificate may not exceed $150 if on the date the certificate
  186  is issued, no delinquent amounts are owed to the association for
  187  the applicable parcel. If an estoppel certificate is requested
  188  on an expedited basis and delivered within 3 business days after
  189  the request, the association may charge an additional fee of
  190  $100. If delinquent amounts are owed to the association for the
  191  applicable parcel, an additional fee for the certificate may not
  192  exceed $200. The association may not charge a fee for an