Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 736
       
       
       
       
       
       
                                Ì308876WÎ308876                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  04/15/2015           .                                
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       The Committee on Fiscal Policy (Abruzzo) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 77 - 275
    4  and insert:
    5         (e)(c) Notwithstanding any limitation on transfer fees
    6  contained in s. 718.112(2)(i), an the association or its
    7  authorized agent may charge a reasonable fee, which may not
    8  exceed its reasonable costs to prepare and deliver for the
    9  preparation of the estoppel certificate. However, the fee for
   10  the estoppel certificate may not exceed $250 if on the date the
   11  certificate is issued, no delinquent amounts are owed to the
   12  association for the applicable unit. If an estoppel certificate
   13  is requested on an expedited basis and delivered within 3
   14  business days after the request, the association may charge
   15  additional fee of $100. If delinquent amounts are owed to the
   16  association for the applicable unit, an additional fee for the
   17  estoppel certificate may not exceed $100. The association may
   18  not charge a fee for an estoppel certificate that is issued more
   19  than 10 business days after it receives the request for the
   20  certificate. The amount of the fee must be included on the
   21  certificate.
   22         (f)(d) The authority to charge a fee for the estoppel
   23  certificate must shall be established by a written resolution
   24  adopted by the board or provided by a written management,
   25  bookkeeping, or maintenance contract and is payable upon the
   26  preparation of the certificate. If the certificate is requested
   27  in conjunction with the sale or mortgage of a unit but the
   28  closing does not occur and no later than 30 days after the
   29  closing date for which the certificate was sought the preparer
   30  receives a written request, accompanied by reasonable
   31  documentation, that the sale did not occur from a payor that is
   32  not the unit owner, the fee shall be refunded to that payor
   33  within 30 days after receipt of the request. The refund is the
   34  obligation of the unit owner, and the association may collect it
   35  from that owner in the same manner as an assessment as provided
   36  in this section.
   37         Section 2. Subsection (6) of section 719.108, Florida
   38  Statutes, is amended to read:
   39         719.108 Rents and assessments; liability; lien and
   40  priority; interest; collection; cooperative ownership.—
   41         (6) An association shall issue an estoppel certificate to a
   42  unit owner or the unit owner’s designee or a unit mortgagee or
   43  the unit mortgagee’s designee within 10 business 15 days after
   44  receiving a written or electronic request for the certificate.
   45  The estoppel certificate must be delivered by mail, by hand
   46  delivery, or by electronic means to the requester on the date of
   47  issuance.
   48         (a) The estoppel certificate must contain all of the
   49  following:
   50         1. The date of issuance.
   51         2. The amount of all assessments and other moneys owed to
   52  the association by the unit owner for a specific unit on the
   53  date of issuance. This amount is limited to the amounts
   54  authorized to be recorded in the official records of the
   55  association under s. 719.104(2).
   56         3. The amount of any additional assessments and other
   57  moneys that are scheduled to become due for each day after the
   58  date of issuance for the 30-day or 35-day effective period of
   59  the estoppel certificate. This amount is limited to the amounts
   60  authorized to be recorded in the official records of the
   61  association under s. 719.104(2). In calculating the amounts that
   62  are scheduled to become due, the association may assume that any
   63  delinquent amounts will remain delinquent during the effective
   64  period of the estoppel certificate.
   65         4. The amount of any fee charged by the association for
   66  preparing and delivering the estoppel certificate. This fee is
   67  in addition to any other amounts on the estoppel certificate.
   68         5. The signature of an officer or agent of the association.
   69         (b) An estoppel certificate that is delivered on the date
   70  of issuance has a 30-day effective period. An estoppel
   71  certificate that is mailed to the requester has a 35-day
   72  effective period.
   73         (c) An association waives the right to collect any moneys
   74  owed in excess of the amounts specified in the estoppel
   75  certificate from any person who in good faith relies upon the
   76  estoppel certificate and from that person’s successors and
   77  assigns.
   78         (d) A summary proceeding pursuant to s. 51.011 may be
   79  brought to compel compliance with this subsection, and in any
   80  such action the prevailing party is entitled to recover
   81  reasonable attorney fees. by a unit owner or mortgagee, the
   82  association shall provide a certificate stating all assessments
   83  and other moneys owed to the association by the unit owner with
   84  respect to the cooperative parcel. Any person other than the
   85  unit owner who relies upon such certificate shall be protected
   86  thereby.
   87         (e) Notwithstanding any limitation on transfer fees
   88  contained in s. 719.106(1)(i), an the association or its
   89  authorized agent may charge a reasonable fee, which may not
   90  exceed its reasonable costs to prepare and deliver for the
   91  preparation of the estoppel certificate. However, the fee for
   92  the estoppel certificate may not exceed $250 if on the date the
   93  certificate is issued, no delinquent amounts are owed to the
   94  association for the applicable unit. If an estoppel certificate
   95  is requested on an expedited basis and delivered within 3
   96  business days after the request, the association may charge an
   97  additional fee of $100. If delinquent amounts are owed to the
   98  association for the applicable unit, an additional fee for the
   99  estoppel certificate may not exceed $100. The association may
  100  not charge a fee for an estoppel certificate that is issued more
  101  than 10 business days after it receives a request for the
  102  certificate.
  103         (f) The authority to charge a fee for the estoppel
  104  certificate must be established by a written resolution adopted
  105  by the board or provided by a written management, bookkeeping,
  106  or maintenance contract.
  107         Section 3. Section 720.30851, Florida Statutes, is amended
  108  to read:
  109         720.30851 Estoppel certificates.—An association shall issue
  110  an estoppel certificate to a parcel owner or the parcel owner’s
  111  designee or a mortgagee or the mortgagee’s designee within 10
  112  business 15 days after receiving a written or electronic request
  113  for the certificate. The estoppel certificate must be delivered
  114  by mail, by hand delivery, or by electronic means to the
  115  requester on the date of issuance.
  116         (1) The estoppel certificate must contain all of the
  117  following:
  118         (a) The date of issuance.
  119         (b) The amount of all assessments and other moneys owed to
  120  the association by the parcel owner for a specific parcel as
  121  recorded on the date of issuance. This amount is limited to
  122  amounts authorized by statute to be recorded in the official
  123  records of the association under s. 720.303(4).
  124         (c) The amount of any additional assessments and other
  125  moneys that are scheduled to become due for each day after the
  126  date of issuance for the 30-day or 35-day effective period of
  127  the estoppel certificate. This amount is limited to amounts
  128  authorized by statute to be recorded in the official records of
  129  the association under s. 720.303(4). In calculating the amounts
  130  that are scheduled to become due, the association may assume
  131  that any delinquent amounts will remain delinquent during the
  132  effective period of the estoppel certificate.
  133         (d) The amount of any fee charged by the association for
  134  preparing and delivering the estoppel certificate. This fee is
  135  in addition to any other amounts on the certificate.
  136         (e) The signature of an officer or agent of the
  137  association.
  138         (2) An estoppel certificate that is delivered on the date
  139  of issuance has a 30-day effective period. An estoppel
  140  certificate that is mailed to the requester has a 35-day
  141  effective period.
  142         (3) An association waives the right to collect any moneys
  143  owed in excess of the amounts specified in the estoppel
  144  certificate from any person who in good faith relies upon the
  145  estoppel certificate and from that person’s successors and
  146  assigns. the date on which a request for an estoppel certificate
  147  is received from a parcel owner or mortgagee, or his or her
  148  designee, the association shall provide a certificate signed by
  149  an officer or authorized agent of the association stating all
  150  assessments and other moneys owed to the association by the
  151  parcel owner or mortgagee with respect to the parcel. An
  152  association may charge a fee for the preparation of such
  153  certificate, and the amount of such fee must be stated on the
  154  certificate.
  155         (1) Any person other than a parcel owner who relies upon a
  156  certificate receives the benefits and protection thereof.
  157         (4)(2) A summary proceeding pursuant to s. 51.011 may be
  158  brought to compel compliance with this section, and the
  159  prevailing party is entitled to recover reasonable attorney
  160  attorney’s fees.
  161         (5)An association or its agent may charge a fee, which may
  162  not exceed its reasonable costs to prepare and deliver the
  163  estoppel certificate. However, the fee for the estoppel
  164  certificate may not exceed $250 if on the date the certificate
  165  is issued, no delinquent amounts are owed to the association for
  166  the applicable parcel. If an estoppel certificate is requested
  167  on an expedited basis and delivered within 3 business days after
  168  the request, the association may charge an additional fee of
  169  $100. If delinquent amounts are owed to the association for the
  170  applicable parcel, and additional fee for the certificate may
  171  not exceed $100. The association may not charge a fee for an
  172  estoppel certificate that is issued more than 10 business days
  173  after it receives the request for the certificate.