Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. SB 736
       
       
       
       
       
       
                                Ì525938PÎ525938                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/01/2015           .                                
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       The Committee on Regulated Industries (Stargel) 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 15 days after receiving a written request for
   10  an estoppel certificate therefor from a unit owner or his or her
   11  designee, or a unit mortgagee or his or her designee, the
   12  association shall deliver by mail, hand, or electronic means an
   13  estoppel provide a certificate signed by an officer or agent of
   14  the association. The estoppel certificate must be dated as of
   15  the date it is delivered, must be valid for at least 30 days,
   16  and must state stating all assessments and other moneys owed to
   17  the association by the unit owner with respect to the unit, as
   18  reflected in records maintained pursuant to s. 718.111(12),
   19  through a date that is at least 30 days after the date of the
   20  estoppel certificate condominium parcel.
   21         (a) An association waives the right to collect any moneys
   22  owed in excess of the amounts set forth in the estoppel
   23  certificate from any person who in good faith relies upon the
   24  estoppel certificate and from that person’s successors and
   25  assigns Any person other than the owner who relies upon such
   26  certificate shall be protected thereby.
   27         (b) If an association receives a written request for an
   28  estoppel certificate from a unit owner or his or her designee,
   29  or a unit mortgagee or his or her designee, and fails to deliver
   30  an estoppel certificate as required by this section, the
   31  association waives, as to any person who would have in good
   32  faith relied on the estoppel certificate and as to that person’s
   33  successors and assigns, any claim, including a claim for a lien
   34  against the unit, for any amounts owed to the association that
   35  should have been shown on the estoppel certificate A summary
   36  proceeding pursuant to s. 51.011 may be brought to compel
   37  compliance with this subsection, and in any such action the
   38  prevailing party is entitled to recover reasonable attorney’s
   39  fees.
   40         (c) Notwithstanding any limitation on transfer fees
   41  contained in s. 718.112(2)(i), an the association or its
   42  authorized agent may charge a reasonable estoppel certificate a
   43  reasonable fee as determined by the cost of providing such
   44  information for the preparation and delivery of the estoppel
   45  certificate. The amount of the estoppel certificate fee must be
   46  included on the estoppel certificate. If the estoppel
   47  certificate is requested in conjunction with the sale or
   48  refinancing of a unit, the estoppel certificate fee shall be due
   49  and payable no earlier than the closing of the sale or
   50  refinancing, and shall be paid from closing settlement proceeds.
   51  If the closing does not occur within 60 days after the date the
   52  estoppel certificate is delivered, the estoppel certificate fee
   53  is the obligation of the unit owner and the association may
   54  collect the estoppel certificate fee only in the same manner as
   55  an assessment against the unit owner as set forth in this
   56  section. The preparation and delivery of an estoppel certificate
   57  may not be conditioned upon the payment of any other fees.
   58         (d) The authority to charge a fee for the estoppel
   59  certificate shall be established by a written resolution adopted
   60  by the board or provided by a written management, bookkeeping,
   61  or maintenance contract and is payable upon the preparation of
   62  the certificate. If the certificate is requested in conjunction
   63  with the sale or mortgage of a unit but the closing does not
   64  occur and no later than 30 days after the closing date for which
   65  the certificate was sought the preparer receives a written
   66  request, accompanied by reasonable documentation, that the sale
   67  did not occur from a payor that is not the unit owner, the fee
   68  shall be refunded to that payor within 30 days after receipt of
   69  the request. The refund is the obligation of the unit owner, and
   70  the association may collect it from that owner in the same
   71  manner as an assessment as provided in this section.
   72         Section 2. Subsection (6) of section 719.108, Florida
   73  Statutes, is amended to read:
   74         719.108 Rents and assessments; liability; lien and
   75  priority; interest; collection; cooperative ownership.—
   76         (6) Within 10 15 days after receiving a written request for
   77  an estoppel certificate from by a unit owner or his or her
   78  designee, or a unit mortgagee or his or her designee, the
   79  association shall deliver by mail, hand, or electronic means an
   80  estoppel provide a certificate signed by an officer or agent of
   81  the association. The estoppel certificate must be dated as of
   82  the date it is delivered, must be valid for at least 30 days,
   83  and must state stating all assessments and other moneys owed to
   84  the association by the unit owner with respect to the
   85  cooperative parcel, as reflected in records maintained pursuant
   86  to s. 719.104(2), through a date that is at least 30 days after
   87  the date of the estoppel certificate.
   88         (a) An association waives the right to collect any moneys
   89  owed in excess of the amounts set forth in the estoppel
   90  certificate from any person who in good faith relies upon the
   91  estoppel certificate, and from that person’s successors and
   92  assigns Any person other than the unit owner who relies upon
   93  such certificate shall be protected thereby.
   94         (b) If an association receives a written request for an
   95  estoppel certificate from a unit owner or his or her designee,
   96  or a unit mortgagee or his or her designee, and fails to deliver
   97  an estoppel certificate as required by this section, the
   98  association waives, as to any person who would have in good
   99  faith relied on the estoppel certificate and as to that person’s
  100  successors and assigns, any claim, including a claim for a lien
  101  against the unit, for any amounts owed to the association that
  102  should have been shown on the estoppel certificate.
  103         (c) Notwithstanding any limitation on transfer fees
  104  contained in s. 719.106(1)(i), an the association or its
  105  authorized agent may charge a reasonable estoppel certificate a
  106  reasonable fee as determined by the cost of providing such
  107  information for the preparation and delivery of the estoppel
  108  certificate. The amount of the estoppel certificate fee must be
  109  included on the estoppel certificate. If the estoppel
  110  certificate is requested in conjunction with the sale or
  111  refinancing of a unit, the estoppel certificate fee shall be due
  112  and payable no earlier than the closing of the sale or
  113  refinancing, and shall be paid from closing settlement proceeds.
  114  If the closing does not occur within 60 days after the date the
  115  estoppel certificate is delivered, the estoppel certificate fee
  116  is the obligation of the unit owner and the association may
  117  collect the estoppel certificate fee only in the same manner as
  118  an assessment against the unit owner as set forth in this
  119  section. The preparation and delivery of an estoppel certificate
  120  may not be conditioned upon the payment of any other fees.
  121         (d) The authority to charge a fee for the estoppel
  122  certificate shall be established by a written resolution adopted
  123  by the board or provided by a written management, bookkeeping,
  124  or maintenance contract.
  125         Section 3. Section 720.30851, Florida Statutes, is amended
  126  to read:
  127         720.30851 Estoppel certificates.—Within 10 15 days after
  128  receiving the date on which a written request for an estoppel
  129  certificate is received from a parcel owner or his or her
  130  designee, or a parcel mortgagee, or his or her designee, the
  131  association shall deliver by mail, hand, or electronic means an
  132  estoppel provide a certificate signed by an officer or
  133  authorized agent of the association. The estoppel certificate
  134  must be dated as of the date it is delivered, must be valid for
  135  at least 30 days, and must state stating all assessments and
  136  other moneys owed to the association by the parcel owner or
  137  parcel mortgagee with respect to the parcel, as reflected in
  138  records maintained pursuant to s. 720.303(4), through a date
  139  that is at least 30 days after the date of the estoppel
  140  certificate. An association may charge a fee for the preparation
  141  of such certificate, and the amount of such fee must be stated
  142  on the certificate.
  143         (1) An association waives the right to collect any moneys
  144  owed in excess of the amounts set forth in the estoppel
  145  certificate from any person who in good faith relies upon the
  146  estoppel certificate, and from that person’s successors and
  147  assigns Any person other than a parcel owner who relies upon a
  148  certificate receives the benefits and protection thereof.
  149         (2) If an association receives a written request for an
  150  estoppel certificate from a parcel owner or his or her designee,
  151  or a parcel mortgagee or his or her designee, and fails to
  152  deliver an estoppel certificate as required by this section, the
  153  association waives, as to any person who would have in good
  154  faith relied on the estoppel certificate and as to that person’s
  155  successors and assigns, any claim, including a claim for a lien
  156  against the parcel, for any amounts owed to the association that
  157  should have been shown on the estoppel certificate A summary
  158  proceeding pursuant to s. 51.011 may be brought to compel
  159  compliance with this section, and the prevailing party is
  160  entitled to recover reasonable attorney’s fees.
  161         (3) An association or its agent may charge a reasonable
  162  estoppel certificate fee as determined by the cost of providing
  163  such information for the preparation and delivery of the
  164  estoppel certificate. The amount of the estoppel certificate fee
  165  must be included on the estoppel certificate. If the estoppel
  166  certificate is requested in conjunction with the sale or
  167  refinancing of a parcel, the estoppel certificate fee shall be
  168  due and payable no earlier than the closing of the sale or
  169  refinancing, and shall be paid from the closing settlement
  170  proceeds. If the closing does not occur within 60 days after the
  171  date the estoppel certificate is delivered, the estoppel
  172  certificate fee is the obligation of the parcel owner and the
  173  association may collect the estoppel certificate fee only in the
  174  same manner as an assessment against the parcel owner as set
  175  forth in s. 720.3085. The preparation and delivery of an
  176  estoppel certificate may not be conditioned upon the payment of
  177  any other fees.
  178         (4) The authority to charge a fee for the estoppel
  179  certificate shall be established by a written resolution adopted
  180  by the board or provided by a written management, bookkeeping,
  181  or maintenance contract and is payable upon the preparation of
  182  the certificate. If the certificate is requested in conjunction
  183  with the sale or mortgage of a parcel but the closing does not
  184  occur and no later than 30 days after the closing date for which
  185  the certificate was sought the preparer receives a written
  186  request, accompanied by reasonable documentation, that the sale
  187  did not occur from a payor that is not the parcel owner, the fee
  188  shall be refunded to that payor within 30 days after receipt of
  189  the request. The refund is the obligation of the parcel owner,
  190  and the association may collect it from that owner in the same
  191  manner as an assessment as provided in this section.
  192         Section 4. This act shall take effect July 1, 2015.
  193  
  194  ================= T I T L E  A M E N D M E N T ================
  195  And the title is amended as follows:
  196         Delete everything before the enacting clause
  197  and insert:
  198                        A bill to be entitled                      
  199         An act relating to residential properties; amending
  200         ss. 718.116, 719.108, and 720.30851, F.S.; providing
  201         requirements relating to the request for an estoppel
  202         certificate by a unit or parcel owner or a unit or
  203         parcel mortgagee; providing that the association
  204         waives the right to collect any moneys owed in excess
  205         of the amounts set forth in the estoppel certificate
  206         under certain conditions; providing that the
  207         association waives any claim against a person or
  208         entity who would have relied in good faith upon the
  209         estoppel certificate under certain conditions;
  210         deleting provisions regarding expedited court action
  211         to compel issuance of an estoppel certificate;
  212         providing an effective date.