Florida Senate - 2012 SENATOR AMENDMENT
Bill No. CS for CS for SB 762
Barcode 810182
LEGISLATIVE ACTION
Senate . House
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Floor: WD .
03/08/2012 02:03 PM .
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Senator Fasano moved the following:
1 Senate Substitute for Amendment (266672) (with title
2 amendment)
3
4 Delete lines 216 - 225
5 and insert:
6 468.439 Collection services.—
7 (1) Reasonable collection service expenses that are
8 incurred by a community association for collection services
9 performed by a licensed community association manager or
10 licensed management firm as a direct result of collecting or
11 attempting to collect overdue unpaid assessments may be secured
12 by a claim of lien filed by an association governed by chapter
13 718, chapter 719, or chapter 720.
14 (a) The expenses must be directly related to the collection
15 of overdue unpaid assessments.
16 (b) The collection services must be explicitly authorized
17 in writing by the board of directors of an association governed
18 by chapter 718, chapter 719, or chapter 720.
19 (c) The collection service expense must be specified in
20 advance by amount in a written management contract between the
21 community association manager or management firm and the
22 association. The expense shall be considered a cost and shall be
23 payable to the association in the manner provided for in chapter
24 718, chapter 719, or chapter 720.
25 (2) The collection services must be conducted in a manner
26 not inconsistent with any existing rule or rules that may be
27 adopted by the Regulatory Council of Community Association
28 Managers to protect against harassment and to protect the safety
29 and well-being of the community association manager or the
30 management firm employee attempting to collect the unpaid
31 assessments.
32 (3) As used in this section, the term “assessment” means
33 “assessment” or “special assessment” as defined in chapters 718,
34 719, and 720.
35
36 ================= T I T L E A M E N D M E N T ================
37 And the title is amended as follows:
38 Delete lines 23 - 31
39 and insert:
40 and alarm system contracting; creating s. 468.439,
41 F.S.; providing that a claim of lien may be filed on
42 behalf of a community association to secure the
43 expenses incurred in collecting or attempting to
44 collect a delinquent account rendered by a licensed
45 community association manager or management firm;
46 requiring that the expenses for the collection
47 services be directly related to the collection
48 activities; requiring that the collection services be
49 authorized by the board of directors of the
50 association; requiring that the collection service
51 expense be specified in advance by amount in a written
52 management contract; requiring that the collection
53 services be conducted in a manner not inconsistent
54 with existing rules of appropriate conduct; defining
55 the term “assessment;” amending s. 469.002, F.S.;
56 providing an