Florida Senate - 2024                          SENATOR AMENDMENT
       Bill No. CS for SB 278
       
       
       
       
       
       
                                Ì500158'Î500158                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             01/25/2024 09:23 AM       .                                
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       Senator Martin moved the following:
       
    1         Senate Amendment
    2  
    3         Delete lines 221 - 579
    4  and insert:
    5         (i) An association or a closing agent may not directly or
    6  indirectly charge any fee for an estoppel certificate other than
    7  those expressly authorized by this section. Unauthorized fees or
    8  charges, whether described as a convenience fee, archive fee,
    9  service fee, processing fee, delivery fee, credit card fee,
   10  certification fee, third-party fee, or any other fee or charge,
   11  are void and may be ignored by the requestor of the certificate.
   12         (j) If an estoppel certificate is requested in conjunction
   13  with the sale or refinancing of a unit, the fee for the
   14  preparation and delivery of the estoppel certificate shall be
   15  paid to the association from the closing or settlement proceeds.
   16  If the closing does not occur, the fee for the preparation and
   17  delivery of the estoppel certificate is payable by the unit
   18  owner upon the expiration of the 30-day or 35-day effective
   19  period of the certificate. The association may collect the fee
   20  in the same manner as an assessment against the unit The fees
   21  specified in this subsection shall be adjusted every 5 years in
   22  an amount equal to the total of the annual increases for that 5
   23  year period in the Consumer Price Index for All Urban Consumers,
   24  U.S. City Average, All Items. The Department of Business and
   25  Professional Regulation shall periodically calculate the fees,
   26  rounded to the nearest dollar, and publish the amounts, as
   27  adjusted, on its website.
   28         Section 4. Subsection (6) of section 719.108, Florida
   29  Statutes, is amended to read:
   30         719.108 Rents and assessments; liability; lien and
   31  priority; interest; collection; cooperative ownership.—
   32         (6) Within 5 10 business days after receiving a written or
   33  electronic request for an estoppel certificate from a unit owner
   34  or the unit owner’s designee, or a unit mortgagee or the unit
   35  mortgagee’s designee, the association shall issue the estoppel
   36  certificate. Each association shall designate on its website a
   37  person or entity with a street or e-mail address for receipt of
   38  a request for an estoppel certificate issued pursuant to this
   39  section. The estoppel certificate must be provided by hand
   40  delivery, regular mail, or e-mail to the requestor on the date
   41  of issuance of the estoppel certificate.
   42         (a) An estoppel certificate may be completed by any board
   43  member, authorized agent, or authorized representative of the
   44  association, including any authorized agent, authorized
   45  representative, or employee of a management company authorized
   46  to complete this form on behalf of the board or association. The
   47  estoppel certificate must contain all of the following
   48  information and must be substantially in the following form:
   49         1. Date of issuance:....
   50         2. Name(s) of the unit owner(s) as reflected in the books
   51  and records of the association:....
   52         3. Unit designation and address:....
   53         4. Parking or garage space number, as reflected in the
   54  books and records of the association:....
   55         5. Attorney’s name and contact information if the account
   56  is delinquent and has been turned over to an attorney for
   57  collection. No fee may be charged for this information.
   58         6. Fee for the preparation and delivery of the estoppel
   59  certificate:....
   60         7. Name of the requestor:....
   61         8. Assessment information and other information:
   62  
   63                       ASSESSMENT INFORMATION:                     
   64  
   65         a. The regular periodic assessment levied against the unit
   66  is $.... per ...(insert frequency of payment)....
   67         b. The regular periodic assessment is paid through
   68  ...(insert date paid through)....
   69         c. The next installment of the regular periodic assessment
   70  is due ...(insert due date)... in the amount of $.....
   71         d. An itemized list of all assessments, special
   72  assessments, and other moneys owed by the unit owner on the date
   73  of issuance to the association for a specific unit is provided.
   74         e. An itemized list of any additional assessments, special
   75  assessments, and other moneys that are scheduled to become due
   76  for each day after the date of issuance for the effective period
   77  of the estoppel certificate is provided. In calculating the
   78  amounts that are scheduled to become due, the association may
   79  assume that any delinquent amounts will remain delinquent during
   80  the effective period of the estoppel certificate.
   81  
   82                         OTHER INFORMATION:                        
   83  
   84         f. Is there a capital contribution fee, resale fee,
   85  transfer fee, or other fee due? ....(Yes) ....(No). If yes,
   86  specify the type and amount of the fee.
   87         g. Is there any open violation of rule or regulation
   88  noticed to the unit owner in the association official records?
   89  ....(Yes) ....(No).
   90         h. Do the rules and regulations of the association
   91  applicable to the unit require approval by the board of
   92  directors of the association for the transfer of the unit?
   93  ....(Yes) ....(No). If yes, has the board approved the transfer
   94  of the unit? ....(Yes) ....(No).
   95         i. Is there a right of first refusal provided to the
   96  members or the association? ....(Yes) ....(No). If yes, have the
   97  members or the association exercised that right of first
   98  refusal? ....(Yes) ....(No).
   99         j. Provide a list of, and contact information for, all
  100  other associations of which the unit is a member.
  101         k. Provide contact information for all insurance maintained
  102  by the association.
  103         l. Provide the signature of an officer or authorized agent
  104  of the association.
  105  
  106  The association, at its option, may include additional
  107  information in the estoppel certificate.
  108         (b) An estoppel certificate that is hand delivered or sent
  109  by electronic means has a 30-day effective period. An estoppel
  110  certificate that is sent by regular mail has a 35-day effective
  111  period. If additional information or a mistake related to the
  112  estoppel certificate becomes known to the association within the
  113  effective period, an amended estoppel certificate may be
  114  delivered and becomes effective if a sale or refinancing of the
  115  unit has not been completed during the effective period. A fee
  116  may not be charged for an amended estoppel certificate. An
  117  amended estoppel certificate must be delivered on the date of
  118  issuance, and a new 30-day or 35-day effective period begins on
  119  such date.
  120         (c) An association waives the right to collect any moneys
  121  owed in excess of the amounts specified in the estoppel
  122  certificate from any person who in good faith relies upon the
  123  estoppel certificate and from the person’s successors and
  124  assigns.
  125         (d) If an association receives a request for an estoppel
  126  certificate from a unit owner or the unit owner’s designee, or a
  127  unit mortgagee or the unit mortgagee’s designee, and fails to
  128  deliver the estoppel certificate within 5 10 business days, a
  129  fee may not be charged for the preparation and delivery of that
  130  estoppel certificate.
  131         (e) A summary proceeding pursuant to s. 51.011 may be
  132  brought to compel compliance with this subsection, and in any
  133  such action the prevailing party is entitled to recover
  134  reasonable attorney fees.
  135         (f) Notwithstanding any limitation on transfer fees
  136  contained in s. 719.106(1)(i), an association or its authorized
  137  agent may charge a reasonable fee for the preparation and
  138  delivery of an estoppel certificate, which may not exceed $250
  139  if, on the date the certificate is issued, no delinquent amounts
  140  are owed to the association for the applicable unit. If an
  141  estoppel certificate is requested on an expedited basis and
  142  delivered within 3 business days after the request, the
  143  association may charge an additional fee of $100. If a
  144  delinquent amount is owed to the association for the applicable
  145  unit, an additional fee for the estoppel certificate may not
  146  exceed $150.
  147         (g) If estoppel certificates for multiple units owned by
  148  the same owner are simultaneously requested from the same
  149  association and there are no past due monetary obligations owed
  150  to the association, the statement of moneys due for those units
  151  may be delivered in one or more estoppel certificates, and, even
  152  though the fee for each unit shall be computed as set forth in
  153  paragraph (f), the total fee that the association may charge for
  154  the preparation and delivery of the estoppel certificates may
  155  not exceed, in the aggregate:
  156         1. For 25 or fewer units, $750.
  157         2. For 26 to 50 units, $1,000.
  158         3. For 51 to 100 units, $1,500.
  159         4. For more than 100 units, $2,500.
  160         (h) The authority to charge a fee for the preparation and
  161  delivery of the estoppel certificate must be established
  162  annually by a written resolution adopted by the board or
  163  provided by a written management, bookkeeping, or maintenance
  164  contract and is payable upon the preparation of the certificate.
  165  If the certificate is requested in conjunction with the sale or
  166  mortgage of a parcel but the closing does not occur and no later
  167  than 30 days after the closing date for which the certificate
  168  was sought the preparer receives a written request, accompanied
  169  by reasonable documentation, that the sale did not occur from a
  170  payor that is not the parcel owner, the fee shall be refunded to
  171  that payor within 30 days after receipt of the request. The
  172  refund is the obligation of the parcel owner, and the
  173  association may collect it from that owner in the same manner as
  174  an assessment as provided in this section. The right to
  175  reimbursement may not be waived or modified by any contract or
  176  agreement. The prevailing party in any action brought to enforce
  177  a right of reimbursement shall be awarded damages and all
  178  applicable attorney fees and costs.
  179         (i) An association or a closing agent may not directly or
  180  indirectly charge any fee for an estoppel certificate other than
  181  those expressly authorized by this section. Unauthorized fees or
  182  charges, whether described as a convenience fee, archive fee,
  183  service fee, processing fee, delivery fee, credit card fee,
  184  certification fee, third-party fee, or any other fee or charge,
  185  are void and may be ignored by the requestor of the certificate.
  186         (j) If an estoppel certificate is requested in conjunction
  187  with the sale or refinancing of a unit, the fee for the
  188  preparation and delivery of the estoppel certificate shall be
  189  paid to the association from the closing or settlement proceeds.
  190  If the closing does not occur, the fee for the preparation and
  191  delivery of the estoppel certificate is payable by the unit
  192  owner upon the expiration of the 30-day or 35-day effective
  193  period of the estoppel certificate. The association may collect
  194  the fee in the same manner as an assessment against the unit The
  195  fees specified in this subsection shall be adjusted every 5
  196  years in an amount equal to the total of the annual increases
  197  for that 5-year period in the Consumer Price Index for All Urban
  198  Consumers, U.S. City Average, All Items. The Department of
  199  Business and Professional Regulation shall periodically
  200  calculate the fees, rounded to the nearest dollar, and publish
  201  the amounts, as adjusted, on its website.
  202         Section 5. Section 720.30851, Florida Statutes, is amended
  203  to read:
  204         720.30851 Estoppel certificates.—Within 5 10 business days
  205  after receiving a written or electronic request for an estoppel
  206  certificate from a parcel owner or the parcel owner’s designee,
  207  or a parcel mortgagee or the parcel mortgagee’s designee, the
  208  association shall issue the estoppel certificate. Each
  209  association shall designate on its website a person or entity
  210  with a street or e-mail address for receipt of a request for an
  211  estoppel certificate issued pursuant to this section. The
  212  estoppel certificate must be provided by hand delivery, regular
  213  mail, or e-mail to the requestor on the date of issuance of the
  214  estoppel certificate.
  215         (1) An estoppel certificate may be completed by any board
  216  member, authorized agent, or authorized representative of the
  217  association, including any authorized agent, authorized
  218  representative, or employee of a management company authorized
  219  to complete this form on behalf of the board or association. The
  220  estoppel certificate must contain all of the following
  221  information and must be substantially in the following form:
  222         (a) Date of issuance:....
  223         (b) Name(s) of the parcel owner(s) as reflected in the
  224  books and records of the association:....
  225         (c) Parcel designation and address:....
  226         (d) Parking or garage space number, as reflected in the
  227  books and records of the association:....
  228         (e) Attorney’s name and contact information if the account
  229  is delinquent and has been turned over to an attorney for
  230  collection. No fee may be charged for this information.
  231         (f) Fee for the preparation and delivery of the estoppel
  232  certificate:....
  233         (g) Name of the requestor:....
  234         (h) Assessment information and other information:
  235  
  236                       ASSESSMENT INFORMATION:                     
  237  
  238         1. The regular periodic assessment levied against the
  239  parcel is $.... per ...(insert frequency of payment)....
  240         2. The regular periodic assessment is paid through
  241  ...(insert date paid through)....
  242         3. The next installment of the regular periodic assessment
  243  is due ...(insert due date)... in the amount of $.....
  244         4. An itemized list of all assessments, special
  245  assessments, and other moneys owed on the date of issuance to
  246  the association by the parcel owner for a specific parcel is
  247  provided.
  248         5. An itemized list of any additional assessments, special
  249  assessments, and other moneys that are scheduled to become due
  250  for each day after the date of issuance for the effective period
  251  of the estoppel certificate is provided. In calculating the
  252  amounts that are scheduled to become due, the association may
  253  assume that any delinquent amounts will remain delinquent during
  254  the effective period of the estoppel certificate.
  255  
  256                         OTHER INFORMATION:                        
  257  
  258         6. Is there a capital contribution fee, resale fee,
  259  transfer fee, or other fee due? ....(Yes) ....(No). If yes,
  260  specify the type and amount of the fee.
  261         7. Is there any open violation of rule or regulation
  262  noticed to the parcel owner in the association official records?
  263  ....(Yes) ....(No).
  264         8. Do the rules and regulations of the association
  265  applicable to the parcel require approval by the board of
  266  directors of the association for the transfer of the parcel?
  267  ....(Yes) ....(No). If yes, has the board approved the transfer
  268  of the parcel? ....(Yes) ....(No).
  269         9. Is there a right of first refusal provided to the
  270  members or the association? ....(Yes) ....(No). If yes, have the
  271  members or the association exercised that right of first
  272  refusal? ....(Yes) ....(No).
  273         10. Provide a list of, and contact information for, all
  274  other associations of which the parcel is a member.
  275         11. Provide contact information for all insurance
  276  maintained by the association.
  277         12. Provide the signature of an officer or authorized agent
  278  of the association.
  279  
  280  The association, at its option, may include additional
  281  information in the estoppel certificate.
  282         (2) An estoppel certificate that is hand delivered or sent
  283  by electronic means has a 30-day effective period. An estoppel
  284  certificate that is sent by regular mail has a 35-day effective
  285  period. If additional information or a mistake related to the
  286  estoppel certificate becomes known to the association within the
  287  effective period, an amended estoppel certificate may be
  288  delivered and becomes effective if a sale or refinancing of the
  289  parcel has not been completed during the effective period. A fee
  290  may not be charged for an amended estoppel certificate. An
  291  amended estoppel certificate must be delivered on the date of
  292  issuance, and a new 30-day or 35-day effective period begins on
  293  such date.
  294         (3) An association waives the right to collect any moneys
  295  owed in excess of the amounts specified in the estoppel
  296  certificate from any person who in good faith relies upon the
  297  estoppel certificate and from the person’s successors and
  298  assigns.
  299         (4) If an association receives a request for an estoppel
  300  certificate from a parcel owner or the parcel owner’s designee,
  301  or a parcel mortgagee or the parcel mortgagee’s designee, and
  302  fails to deliver the estoppel certificate within 5 10 business
  303  days, a fee may not be charged for the preparation and delivery
  304  of that estoppel certificate.
  305         (5) A summary proceeding pursuant to s. 51.011 may be
  306  brought to compel compliance with this section, and the
  307  prevailing party is entitled to recover reasonable attorney
  308  fees.
  309         (6) An association or its authorized agent may charge a
  310  reasonable fee for the preparation and delivery of an estoppel
  311  certificate, which may not exceed $250, if, on the date the
  312  certificate is issued, no delinquent amounts are owed to the
  313  association for the applicable parcel. If an estoppel
  314  certificate is requested on an expedited basis and delivered
  315  within 3 business days after the request, the association may
  316  charge an additional fee of $100. If a delinquent amount is owed
  317  to the association for the applicable parcel, an additional fee
  318  for the estoppel certificate may not exceed $150.
  319         (7) If estoppel certificates for multiple parcels owned by
  320  the same owner are simultaneously requested from the same
  321  association and there are no past due monetary obligations owed
  322  to the association, the statement of moneys due for those
  323  parcels may be delivered in one or more estoppel certificates,
  324  and, even though the fee for each parcel shall be computed as
  325  set forth in subsection (6), the total fee that the association
  326  may charge for the preparation and delivery of the estoppel
  327  certificates may not exceed, in the aggregate:
  328         (a) For 25 or fewer parcels, $750.
  329         (b) For 26 to 50 parcels, $1,000.
  330         (c) For 51 to 100 parcels, $1,500.
  331         (d) For more than 100 parcels, $2,500.
  332         (8) The authority to charge a fee for the preparation and
  333  delivery of the estoppel certificate must be established
  334  annually by a written resolution adopted by the board or
  335  provided by a written management, bookkeeping, or maintenance
  336  contract and is payable upon the preparation of the certificate.
  337  If the certificate is requested in conjunction with the sale or
  338  mortgage of a parcel but the closing does not occur and no later
  339  than 30 days after the closing date for which the certificate
  340  was sought the preparer receives a written request, accompanied
  341  by reasonable documentation, that the sale did not occur from a
  342  payor that is not the parcel owner, the fee shall be refunded to
  343  that payor within 30 days after receipt of the request. The
  344  refund is the obligation of the parcel owner, and the
  345  association may collect it from that owner in the same manner as
  346  an assessment as provided in this section. The right to
  347  reimbursement may not be waived or modified by any contract or
  348  agreement. The prevailing party in any action brought to enforce
  349  a right of reimbursement shall be awarded damages and all
  350  applicable attorney fees and costs.
  351         (9) An association or a closing agent may not directly or
  352  indirectly charge any fee for an estoppel certificate other than
  353  those expressly authorized by this section. Unauthorized fees or
  354  charges, whether described as a convenience fee, archive fee,
  355  service fee, processing fee, delivery fee, credit card fee,
  356  certification fee, third-party fee, or any other fee or charge,
  357  are void and may be ignored by the requestor of the certificate.
  358         (10) If an estoppel certificate is requested in conjunction
  359  with the sale or refinancing of a parcel, the fee for the
  360  preparation and delivery of the estoppel certificate shall be
  361  paid to the association from the closing or settlement proceeds.
  362  If the closing does not occur, the fee for the preparation and
  363  delivery of the estoppel certificate is payable by the unit
  364  owner upon the expiration of the 30-day or 35-day effective
  365  period of the certificate. The association may collect the fee
  366  in the same manner as an assessment against the parcel. The fees