Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. SB 398
       
       
       
       
       
       
                                Ì742226ÂÎ742226                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/23/2017           .                                
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       The Committee on Regulated Industries (Passidomo) recommended
       the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (8) of section 718.116, Florida
    6  Statutes, is amended to read:
    7         718.116 Assessments; liability; lien and priority;
    8  interest; collection.—
    9         (8) Within 10 business 15 days after receiving a written or
   10  electronic request therefor from a unit owner or the unit
   11  owner’s his or her designee, or a unit mortgagee or the unit
   12  mortgagee’s his or her designee, the association shall issue the
   13  estoppel provide a certificate. Each association shall designate
   14  on its website a person or entity with a street or e-mail
   15  address for receipt of a request for an estoppel certificate
   16  issued pursuant to this section. The estoppel certificate must
   17  be provided by hand delivery, regular mail, or e-mail to the
   18  requestor on the date of issuance of the estoppel certificate
   19  signed by an officer or agent of the association stating all
   20  assessments and other moneys owed to the association by the unit
   21  owner with respect to the condominium parcel.
   22         (a) The estoppel certificate must contain all of the
   23  following information and must be substantially in the following
   24  form:
   25         1.Date of issuance:....
   26         2.Name of the unit owner(s)reflected in the books and
   27  records of the association:....
   28         3.Unit designation and address:....
   29         4. Parking or garage space number, if any:....
   30         5.Storage locker number, if any:....
   31         6.Attorney’s name and contact information if the account
   32  is delinquent and has been turned over to an attorney for
   33  collection. No fee may be charged for this information.
   34         7.Fee for the preparation and delivery of the estoppel
   35  certificate:....
   36         8.Name of the requestor:....
   37         9.Assessment information and other information:
   38  
   39                       ASSESSMENT INFORMATION:                     
   40         a.The regular periodic assessment levied against the unit
   41  is $.... per ...(insert frequency of payment)....
   42         b.The regular periodic assessment is paid through
   43  ...(insert date paid through)....
   44         c.The next installment of the regular periodic assessment
   45  is due ...(insert due date)... in the amount of $.....
   46         d.An itemized list of all assessments, special
   47  assessments, and other moneys owed on the date of issuance to
   48  the association by the unit owner for a specific unit is
   49  provided.
   50         e.An itemized list of any additional assessments, special
   51  assessments, and other moneys that are scheduled to become due
   52  for each day after the date of issuance for the effective period
   53  of the estoppel certificate is provided. In calculating the
   54  amounts that are scheduled to become due, the association may
   55  assume that any delinquent amounts will remain delinquent during
   56  the effective period of the estoppel certificate.
   57  
   58                         OTHER INFORMATION:                        
   59         f.Is there a capital contribution fee, resale fee,
   60  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
   61  specify the type and the amount of the fee.
   62         g.What is the amount, if any, of an association
   63  application fee?
   64         h.Is there a credit balance on the current account?
   65  ...(Yes)... ...(No)....
   66         i.Is there any violation of rule or regulation noticed to
   67  the unit owner in the association official records? ...(Yes)...
   68  ...(No)....
   69         j.Do the rules and regulations of the association
   70  applicable to the unit require approval by the board of
   71  directors of the association for the transfer of the unit?
   72  ...(Yes)... ...(No)...If yes, has the board approved the
   73  transfer of the unit?...(Yes)...(No)....
   74         k.Do rules or regulations applicable to the unit provide
   75  for a right of first refusal in favor of the members or
   76  association? ...(Yes)... ...(No).... If yes, include applicable
   77  rules or regulations.
   78         l.Provide a list of utilities provided to the unit which
   79  are included in the assessments paid to the association.
   80         m.Provide a list of all recreational or land leases to the
   81  association affecting the unit.
   82         n.Provide a list of, and contact information for, all
   83  other associations of which the unit is a member.
   84         o.Provide a description of any litigation or
   85  administrative proceedings in which the association is a party.
   86         p.Provide contact information for all insurance maintained
   87  by the association.
   88         q. Provide the signature of an officer or authorized agent
   89  of the association.
   90  
   91  The association, at its option, may include additional
   92  information in the estoppel certificate Any person other than
   93  the owner who relies upon such certificate shall be protected
   94  thereby.
   95         (b)An estoppel certificate that is hand delivered or sent
   96  by electronic means has a 30-day effective period. An estoppel
   97  certificate that is sent by regular mail has a 35-day effective
   98  period. If additional information or a mistake related to the
   99  estoppel certificate becomes known to the association within the
  100  effective period, an amended estoppel certificate may be
  101  delivered and becomes effective if a sale or refinancing of the
  102  unit has not been completed during the effective period. A fee
  103  may not be charged for an amended estoppel certificate. An
  104  amended estoppel certificate must be delivered on the date of
  105  issuance, and a new 30-day or 35-day effective period begins on
  106  such date.
  107         (c)An association waives the right to collect any moneys
  108  owed in excess of the amounts specified in the estoppel
  109  certificate from any person who in good faith relies upon the
  110  estoppel certificate and from the person’s successors and
  111  assigns.
  112         (d)If an association receives a request for an estoppel
  113  certificate from a unit owner or the unit owner’s designee, or a
  114  unit mortgagee or the unit mortgagee’s designee, and fails to
  115  deliver the estoppel certificate within 10 business days, a fee
  116  may not be charged for the preparation and delivery of that
  117  estoppel certificate. If the association fails to deliver the
  118  estoppel certificate within 15 business days, the association
  119  waives any claim, including a claim for a lien against the unit,
  120  against a purchaser and mortgagee of the unit who would have
  121  relied on the estoppel certificate, and the purchaser’s and
  122  mortgagee’s successors and assigns, for any amount that is owed
  123  to the association through the date of closing and that should
  124  have been shown on the estoppel certificate.
  125         (e)(b) A summary proceeding pursuant to s. 51.011 may be
  126  brought to compel compliance with this subsection, and in any
  127  such action the prevailing party is entitled to recover
  128  reasonable attorney attorney’s fees.
  129         (f)(c) Notwithstanding any limitation on transfer fees
  130  contained in s. 718.112(2)(i), an the association or its
  131  authorized agent may charge a reasonable fee for the preparation
  132  and delivery of an estoppel certificate, which may not exceed
  133  $200 if, on the date the certificate is issued, no delinquent
  134  amounts are owed to the association for the applicable unit. If
  135  an estoppel certificate is requested on an expedited basis and
  136  delivered within 3 business days after the request, the
  137  association may charge an additional fee of $100. If a
  138  delinquent amount is owed to the association for the applicable
  139  unit, an additional fee for the estoppel certificate may not
  140  exceed $200 for the preparation of the certificate. The amount
  141  of the fee must be included on the certificate.
  142         (g)1. If estoppel certificates for multiple units owned by
  143  the same owner are simultaneously requested from the same
  144  association and there are no past due monetary obligations owed
  145  to the association, the statement of moneys due for those units
  146  may be delivered in one or more estoppel certificates, and, even
  147  though the fee for each unit shall be computed as set forth in
  148  paragraph (f), the total fee that the association may charge for
  149  the preparation and delivery of the estoppel certificates may
  150  not exceed, in the aggregate:
  151         a.For 25 or fewer units, $750.
  152         b.For 26 to 50 units, $1,000.
  153         c.For 51 to 100 units, $1,500.
  154         d.For more than 100 units, $2,500.
  155         2.If an estoppel certificate is requested in conjunction
  156  with the sale or refinancing of a unit, the fee for the
  157  preparation and delivery of the estoppel certificate shall be
  158  paid to the association from the closing or settlement proceeds.
  159  If the closing does not occur, the fee for the preparation and
  160  delivery of the estoppel certificate remains the obligation of
  161  the unit owner, and the association may collect the fee in the
  162  same manner as an assessment against the unit. An association
  163  may not require the payment of any other fee as a condition for
  164  the preparation or delivery of an estoppel certificate.
  165         (h)(d) The authority to charge a fee for the preparation
  166  and delivery of the estoppel certificate must shall be
  167  established by a written resolution adopted by the board or
  168  provided by a written management, bookkeeping, or maintenance
  169  contract and is payable upon the preparation of the certificate.
  170  If the certificate is requested in conjunction with the sale or
  171  mortgage of a unit but the closing does not occur and no later
  172  than 30 days after the closing date for which the certificate
  173  was sought the preparer receives a written request, accompanied
  174  by reasonable documentation, that the sale did not occur from a
  175  payor that is not the unit owner, the fee shall be refunded to
  176  that payor within 30 days after receipt of the request. The
  177  refund is the obligation of the unit owner, and the association
  178  may collect it from that owner in the same manner as an
  179  assessment as provided in this section.
  180         Section 2. Subsection (6) of section 719.108, Florida
  181  Statutes, is amended to read:
  182         719.108 Rents and assessments; liability; lien and
  183  priority; interest; collection; cooperative ownership.—
  184         (6) Within 10 business 15 days after receiving a written or
  185  electronic request for an estoppel certificate from a unit owner
  186  or the unit owner’s designee, or a unit mortgagee or the unit
  187  mortgagee’s designee, the association shall issue the estoppel
  188  certificate. Each association shall designate on its website a
  189  person or entity with a street or e-mail address for receipt of
  190  a request for an estoppel certificate issued pursuant to this
  191  section. The estoppel certificate must be provided by hand
  192  delivery, regular mail, or e-mail to the requestor on the date
  193  of issuance of the estoppel certificate.
  194         (a) The estoppel certificate must contain all of the
  195  following information and must be substantially in the following
  196  form:
  197         1.Date of issuance:....
  198         2.Name of the unit owner(s)reflected in the books and
  199  records of the association:....
  200         3.Unit designation and address:....
  201         4.Parking or garage space number, if any:....
  202         5. Storage locker number, if any:....
  203         6.Attorney’s name and contact information if the account
  204  is delinquent and has been turned over to an attorney for
  205  collection. No fee may be charged for this information.
  206         7.Fee for the preparation and delivery of the estoppel
  207  certificate:....
  208         8. Name of the requestor:....
  209         9. Assessment information and other information:
  210  
  211                       ASSESSMENT INFORMATION:                     
  212         a.The regular periodic assessment levied against the unit
  213  is $.... per ...(insert frequency of payment)....
  214         b.The regular periodic assessment is paid through
  215  ...(insert date paid through)....
  216         c.The next installment of the regular periodic assessment
  217  is due...(insert due date)... in the amount of $.....
  218         d.An itemized list of all assessments, special
  219  assessments, and other moneys owed by the unit owner on the date
  220  of issuance to the association for a specific unit is provided.
  221         e.An itemized list of any additional assessments, special
  222  assessments, and other moneys that are scheduled to become due
  223  for each day after the date of issuance for the effective period
  224  of the estoppel certificate is provided. In calculating the
  225  amounts that are scheduled to become due, the association may
  226  assume that any delinquent amounts will remain delinquent during
  227  the effective period of the estoppel certificate.
  228  
  229                         OTHER INFORMATION:                        
  230         f.Is there a capital contribution fee, resale fee,
  231  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  232  specify the type and amount of the fee.
  233         g.What is the amount, if any, of an association
  234  application fee?
  235         h.Is there a credit balance on the current account?
  236  ...(Yes)... ...(No)....
  237         i.Is there any violation of rule or regulation noticed to
  238  the unit owner in the association official records? ...(Yes)...
  239  ...(No)....
  240         j.Do the rules and regulations of the association
  241  applicable to the unit require approval by the board of
  242  directors of the association for the transfer of the unit?
  243  ...Yes... ...(No)... If yes, has the board approved the transfer
  244  of the unit?...(Yes)...(No).....
  245         k.Do rules or regulations applicable to the unit provide
  246  for a right of first refusal in favor of the members or
  247  association? ...(Yes)... ...(No).... If yes, include applicable
  248  rules or regulations.
  249         l.Provide a list of utilities provided to the unit which
  250  are included in the assessments paid to the association.
  251         m.Provide a list of all recreational or land leases to the
  252  association affecting the unit.
  253         n.Provide a list of, and contact information for, all
  254  other associations of which the unit is a member.
  255         o.Provide a description of any litigation or
  256  administrative proceedings in which the association is a party.
  257         p.Provide contact information for all insurance maintained
  258  by the association.
  259         q. Provide the signature of an officer or authorized agent
  260  of the association.
  261  
  262  The association, at its option, may include additional
  263  information in the estoppel certificate.
  264         (b)An estoppel certificate that is hand delivered or sent
  265  by electronic means has a 30-day effective period. An estoppel
  266  certificate that is sent by regular mail has a 35-day effective
  267  period. If additional information or a mistake related to the
  268  estoppel certificate becomes known to the association within the
  269  effective period, an amended estoppel certificate may be
  270  delivered and becomes effective if a sale or refinancing of the
  271  unit has not been completed during the effective period. A fee
  272  may not be charged for an amended estoppel certificate. An
  273  amended estoppel certificate must be delivered on the date of
  274  issuance, and a new 30-day or 35-day effective period begins on
  275  such date.
  276         (c)An association waives the right to collect any moneys
  277  owed in excess of the amounts specified in the estoppel
  278  certificate from any person who in good faith relies upon the
  279  estoppel certificate and from the person’s successors and
  280  assigns.
  281         (d)If an association receives a request for an estoppel
  282  certificate from a unit owner or the unit owner’s designee, or a
  283  unit mortgagee or the unit mortgagee’s designee, and fails to
  284  deliver the estoppel certificate within 10 business days, a fee
  285  may not be charged for the preparation and delivery of that
  286  estoppel certificate. If the association fails to deliver the
  287  estoppel certificate within 15 business days, the association
  288  waives any claim, including a claim for a lien against the unit,
  289  against a purchaser and mortgagee of the unit who would have
  290  relied on the estoppel certificate, and the purchaser’s and
  291  mortgagee’s successors and assigns, for any amount that is owed
  292  to the association through the date of closing and that should
  293  have been shown on the estoppel certificate.
  294         (e) A summary proceeding pursuant to s. 51.011 may be
  295  brought to compel compliance with this subsection, and in any
  296  such action the prevailing party is entitled to recover
  297  reasonable attorney fees.
  298         (f)Notwithstanding any limitation on transfer fees
  299  contained in s. 719.106(1)(i), an association or its authorized
  300  agent may charge a reasonable fee for the preparation and
  301  delivery of an estoppel certificate, which may not exceed $200
  302  if, on the date the certificate is issued, no delinquent amounts
  303  are owed to the association for the applicable unit. If an
  304  estoppel certificate is requested on an expedited basis and
  305  delivered within 3 business days after the request, the
  306  association may charge an additional fee of $100. If a
  307  delinquent amount is owed to the association for the applicable
  308  unit, an additional fee for the estoppel certificate may not
  309  exceed $200.
  310         (g)1. If estoppel certificates for multiple units owned by
  311  the same owner are simultaneously requested from the same
  312  association and there are no past due monetary obligations owed
  313  to the association, the statement of moneys due for those units
  314  may be delivered in one or more estoppel certificates, and, even
  315  though the fee for each unit shall be computed as set forth in
  316  paragraph (f), the total fee that the association may charge for
  317  the preparation and delivery of the estoppel certificates may
  318  not exceed, in the aggregate:
  319         a.For 25 or fewer units, $750.
  320         b.For 26 to 50 units, $1,000.
  321         c.For 51 to 100 units, $1,500.
  322         d.For more than 100 units, $2,500.
  323         2.If an estoppel certificate is requested in conjunction
  324  with the sale or refinancing of a unit, the fee for the
  325  preparation and delivery of the estoppel certificate shall be
  326  paid to the association from the closing or settlement proceeds.
  327  If the closing does not occur, the fee for the preparation and
  328  delivery of the estoppel certificate remains the obligation of
  329  the unit owner, and the association may collect the fee in the
  330  same manner as an assessment against the unit. An association
  331  may not require the payment of any other fee as a condition for
  332  the preparation or delivery of an estoppel certificate.
  333         (h)The authority to charge a fee for the preparation and
  334  delivery of the estoppel certificate must be established by a
  335  written resolution adopted by the board or provided by a written
  336  management, bookkeeping, or maintenance contract by a unit owner
  337  or mortgagee, the association shall provide a certificate
  338  stating all assessments and other moneys owed to the association
  339  by the unit owner with respect to the cooperative parcel. Any
  340  person other than the unit owner who relies upon such
  341  certificate shall be protected thereby. Notwithstanding any
  342  limitation on transfer fees contained in s. 719.106(1)(i), the
  343  association or its authorized agent may charge a reasonable fee
  344  for the preparation of the certificate.
  345         Section 3. Section 720.30851, Florida Statutes, is amended
  346  to read:
  347         720.30851 Estoppel certificates.—Within 10 business 15 days
  348  after receiving a written or electronic the date on which a
  349  request for an estoppel certificate from a parcel owner or the
  350  parcel owner’s designee, or a parcel mortgagee or the parcel
  351  mortgagee’s designee, the association shall issue the estoppel
  352  certificate. Each association shall designate on its website a
  353  person or entity with a street or e-mail address for receipt of
  354  a request for an estoppel certificate issued pursuant to this
  355  section. The estoppel certificate must be provided by hand
  356  delivery, regular mail, or e-mail to the requestor on the date
  357  of issuance of the estoppel certificate.
  358         (1) The estoppel certificate must contain all of the
  359  following information and must be substantially in the following
  360  form:
  361         (a)Date of issuance:....
  362         (b)Name of the parcel owner(s)reflected in the books and
  363  records of the association:....
  364         (c)Parcel designation and address:....
  365         (d) Parking or garage space number, if any:....
  366         (e)Storage locker number, if any:....
  367         (f)Attorney’s name and contact information if the account
  368  is delinquent and has been turned over to an attorney for
  369  collection. No fee may be charged for this information.
  370         (g)Fee for the preparation and delivery of the estoppel
  371  certificate:....
  372         (h) Name of the requestor:....
  373         (i) Assessment information and other information:
  374  
  375                       ASSESSMENT INFORMATION:                     
  376         1.The regular periodic assessment levied against the
  377  parcel is $.... per ...(insert frequency of payment)....
  378         2.The regular periodic assessment is paid through
  379  ...(insert date paid through)....
  380         3.The next installment of the regular periodic assessment
  381  is due ...(insert due date)... in the amount of $.....
  382         4.An itemized list of all assessments, special
  383  assessments, and other moneys owed on the date of issuance to
  384  the association by the parcel owner for a specific parcel is
  385  provided.
  386         5.An itemized list of any additional assessments, special
  387  assessments, and other moneys that are scheduled to become due
  388  for each day after the date of issuance for the effective period
  389  of the estoppel certificate is provided. In calculating the
  390  amounts that are scheduled to become due, the association may
  391  assume that any delinquent amounts will remain delinquent during
  392  the effective period of the estoppel certificate.
  393  
  394                         OTHER INFORMATION:                        
  395         6.Is there a capital contribution fee, resale fee,
  396  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  397  specify the type and amount of the fee.
  398         7.What is the amount, if any, of an association
  399  application fee?
  400         8.Is there a credit balance on the current account?
  401  ...(Yes)... ...(No)...
  402         9.Is there any violation of rule or regulation noticed to
  403  the parcel owner in the association official records?
  404  ...(Yes)... ...(No)....
  405         10.Do the rules and regulations of the association
  406  applicable to the parcel require approval by the board of
  407  directors of the association for the transfer of the parcel?
  408  ...(Yes)... ...(No).... If yes, has the board approved the
  409  transfer of the parcel?...(Yes)...(No)....
  410         11.Do rules or regulations applicable to the parcel
  411  provide for a right of first refusal in favor of the members or
  412  association? ...(Yes)... ...(No).... If yes, include applicable
  413  rules or regulations.
  414         12.Provide a list of utilities provided to the parcel
  415  which are included in the assessments paid to the association.
  416         13.Provide a list of all recreational or land leases to
  417  the association affecting the parcel.
  418         14.Provide a list of, and contact information for, all
  419  other associations of which the parcel is a member.
  420         15.Provide a description of any litigation or
  421  administrative proceedings in which the association is a party.
  422         16.Provide contact information for all insurance
  423  maintained by the association.
  424         17. Provide the signature of an officer or authorized agent
  425  of the association.
  426  
  427  The association, at its option, may include additional
  428  information in the estoppel certificate.
  429         (2)An estoppel certificate that is hand delivered or sent
  430  by electronic means has a 30-day effective period. An estoppel
  431  certificate that is sent by regular mail has a 35-day effective
  432  period. If additional information or a mistake related to the
  433  estoppel certificate becomes known to the association within the
  434  effective period, an amended estoppel certificate may be
  435  delivered and becomes effective if a sale or refinancing of the
  436  parcel has not been completed during the effective period. A fee
  437  may not be charged for an amended estoppel certificate. An
  438  amended estoppel certificate must be delivered on the date of
  439  issuance, and a new 30-day or 35-day effective period begins on
  440  such date.
  441         (3)An association waives the right to collect any moneys
  442  owed in excess of the amounts specified in the estoppel
  443  certificate from any person who in good faith relies upon the
  444  estoppel certificate and from the person’s successors and
  445  assigns.
  446         (4)If an association receives a request for an estoppel
  447  certificate from a parcel owner or the parcel owner’s designee,
  448  or a parcel mortgagee or the parcel mortgagee’s designee, and
  449  fails to deliver an estoppel certificate within 10 business
  450  days, a fee may not be charged for the preparation and delivery
  451  of that estoppel certificate. If the association fails to
  452  deliver the estoppel certificate within 15 business days, the
  453  association waives any claim, including a claim for a lien
  454  against the parcel, against a purchaser and mortgagee of the
  455  parcel who would have relied on the estoppel certificate, and
  456  the purchaser’s and mortgagee’s successors and assigns, for any
  457  amount that is owed to the association through the date of
  458  closing and that should have been shown on the estoppel
  459  certificate for an estoppel certificate is received from a
  460  parcel owner or mortgagee, or his or her designee, the
  461  association shall provide a certificate signed by an officer or
  462  authorized agent of the association stating all assessments and
  463  other moneys owed to the association by the parcel owner or
  464  mortgagee with respect to the parcel. An association may charge
  465  a fee for the preparation of such certificate, and the amount of
  466  such fee must be stated on the certificate.
  467         (1) Any person other than a parcel owner who relies upon a
  468  certificate receives the benefits and protection thereof.
  469         (5)(2) A summary proceeding pursuant to s. 51.011 may be
  470  brought to compel compliance with this section, and the
  471  prevailing party is entitled to recover reasonable attorney
  472  attorney’s fees.
  473         (6)An association or its authorized agent may charge a
  474  reasonable fee for the preparation and delivery of an estoppel
  475  certificate, which may not exceed $200 if on the date the
  476  certificate is issued, no delinquent amounts are owed to the
  477  association for the applicable parcel. If an estoppel
  478  certificate is requested on an expedited basis and delivered
  479  within 3 business days after the request, the association may
  480  charge an additional fee of $100. If a delinquent amount is owed
  481  to the association for the applicable parcel, an additional fee
  482  for the estoppel certificate may not exceed $200.
  483         (7)(a) If estoppel certificates for multiple parcels owned
  484  by the same owner are simultaneously requested from the same
  485  association and there are no past due monetary obligations owed
  486  to the association, the statement of moneys due for those
  487  parcels may be delivered in one or more estoppel certificates,
  488  and, even though the fee for each parcel shall be computed as
  489  set forth in subsection (6), the total fee that the association
  490  may charge for the preparation and delivery of the estoppel
  491  certificates may not exceed, in the aggregate:
  492         1.For 25 or fewer parcels, $750.
  493         2.For 26 to 50 parcels, $1,000.
  494         3.For 51 to 100 parcels, $1,500.
  495         4.For more than 100 parcels, $2,500.
  496         (b)If an estoppel certificate is requested in conjunction
  497  with the sale or refinancing of a parcel, the fee for the
  498  preparation and delivery of the estoppel certificate shall be
  499  paid to the association from the closing or settlement proceeds.
  500  If the closing does not occur, the fee for the preparation and
  501  delivery of the estoppel certificate remains the obligation of
  502  the parcel owner, and the association may collect the fee in the
  503  same manner as an assessment against the parcel. An association
  504  may not require the payment of any other fee as a condition for
  505  the preparation or delivery of an estoppel certificate.
  506         (8)(3) The authority to charge a fee for the preparation
  507  and delivery of the estoppel certificate must shall be
  508  established by a written resolution adopted by the board or
  509  provided by a written management, bookkeeping, or maintenance
  510  contract and is payable upon the preparation of the certificate.
  511  If the certificate is requested in conjunction with the sale or
  512  mortgage of a parcel but the closing does not occur and no later
  513  than 30 days after the closing date for which the certificate
  514  was sought the preparer receives a written request, accompanied
  515  by reasonable documentation, that the sale did not occur from a
  516  payor that is not the parcel owner, the fee shall be refunded to
  517  that payor within 30 days after receipt of the request. The
  518  refund is the obligation of the parcel owner, and the
  519  association may collect it from that owner in the same manner as
  520  an assessment as provided in this section.
  521         Section 4. This act shall take effect July 1, 2017.
  522  
  523  ================= T I T L E  A M E N D M E N T ================
  524  And the title is amended as follows:
  525         Delete everything before the enacting clause
  526  and insert:
  527                        A bill to be entitled                      
  528         An act relating to estoppel certificates; amending ss.
  529         718.116, 719.108, and 720.30851, F.S.; revising
  530         requirements relating to the issuance of an estoppel
  531         certificate to specified persons; requiring a
  532         condominium, cooperative, or homeowners’ association
  533         to designate a street or e-mail address on its website
  534         for estoppel certificate requests; specifying delivery
  535         requirements for an estoppel certificate; requiring
  536         that an estoppel certificate contain certain
  537         information; providing an effective period for an
  538         estoppel certificate based upon the date of issuance
  539         and form of delivery; providing that an association
  540         waives a specified claim against a person or such
  541         person’s successors or assigns who in good faith rely
  542         on the estoppel certificate; prohibiting an
  543         association from charging a preparation and delivery
  544         fee or making certain claims if it fails to deliver an
  545         estoppel certificate within certain timeframes;
  546         revising fee requirements for preparing and delivering
  547         an estoppel certificate under various circumstances;
  548         authorizing the statement of moneys due to be
  549         delivered in one or more estoppel certificates under
  550         certain circumstances; providing limits on a total fee
  551         charged for the preparation and delivery of estoppel
  552         certificates; requiring the fee for an estoppel
  553         certificate to be paid from specified proceeds under
  554         certain circumstances; requiring that the authority to
  555         charge a fee for the estoppel certificate be
  556         established by a specified written resolution or
  557         provided by a written management, bookkeeping, or
  558         maintenance contract; deleting obsolete provisions;
  559         conforming provisions to changes made by the act;
  560         providing an effective date.