Florida Senate - 2016                                     SB 722
       
       
        
       By Senator Stargel
       
       
       
       
       
       15-00298B-16                                           2016722__
    1                        A bill to be entitled                      
    2         An act relating to residential properties; amending
    3         ss. 718.116, 719.108, and 720.30851, F.S.; revising
    4         requirements relating to the issuance of an estoppel
    5         certificate to specified persons; requiring that an
    6         estoppel certificate contain certain information;
    7         providing an effective period for an estoppel
    8         certificate based upon the date of issuance and form
    9         of delivery; providing that the association waives a
   10         specified claim against a person or such person’s
   11         successors or assigns who in good faith rely on the
   12         estoppel certificate; authorizing a summary proceeding
   13         to be brought to compel an association to prepare or
   14         deliver an estoppel certificate; requiring that the
   15         authority to charge a fee for the estoppel certificate
   16         be established by a specified written resolution or
   17         provided by a written management, bookkeeping, or
   18         maintenance contract; deleting obsolete provisions;
   19         conforming provisions to changes made by the act;
   20         providing an effective date.
   21          
   22  Be It Enacted by the Legislature of the State of Florida:
   23  
   24         Section 1. Subsection (8) of section 718.116, Florida
   25  Statutes, is amended to read:
   26         718.116 Assessments; liability; lien and priority;
   27  interest; collection.—
   28         (8) The association shall issue an estoppel certificate to
   29  a unit owner or the unit owner’s designee or a unit mortgagee or
   30  the unit mortgagee’s designee within 10 business 15 days after
   31  receiving a written or an electronic request for the estoppel
   32  certificate. The delivery of the estoppel certificate must be
   33  made by United States mail, by hand delivery, or by electronic
   34  transmission to the requester on the date of issuance.
   35         (a) The estoppel certificate must contain all of the
   36  following:
   37         1. The date of issuance.
   38         2.An itemization of all assessments and other moneys owed
   39  to the association by the unit owner for a specific unit on the
   40  date of issuance. This itemization is limited to the amounts
   41  authorized by statute to be recorded in the official records of
   42  the association under s. 718.111(12).
   43         3.An itemization of any additional assessments and other
   44  moneys that are scheduled to become due for each day after the
   45  date of issuance for the effective period of the estoppel
   46  certificate. This itemization is limited to the amounts
   47  authorized by statute to be recorded in the official records of
   48  the association under s. 718.111(12). In calculating the amounts
   49  that are scheduled to become due, the association may assume
   50  that any delinquent amounts will remain delinquent during the
   51  effective period of the estoppel certificate.
   52         4. The amount of any fee charged by the association for
   53  preparing and delivering the estoppel certificate. This fee is
   54  in addition to any other amounts on the estoppel certificate.
   55         5.The signature of an officer or agent of the association.
   56         (b)An estoppel certificate that is delivered on the date
   57  of issuance has a 30-day effective period; however, an estoppel
   58  certificate that is sent by United States mail to the requester
   59  has a 35-day effective period.
   60         (c) The association waives the right to collect any moneys
   61  owed in excess of the amounts specified in the estoppel
   62  certificate from any person who in good faith relies upon the
   63  estoppel certificate and from the person’s successors and
   64  assigns therefor from a unit owner or his or her designee, or a
   65  unit mortgagee or his or her designee, the association shall
   66  provide a certificate signed by an officer or agent of the
   67  association stating all assessments and other moneys owed to the
   68  association by the unit owner with respect to the condominium
   69  parcel.
   70         (a) Any person other than the owner who relies upon such
   71  certificate shall be protected thereby.
   72         (d)(b) A summary proceeding pursuant to s. 51.011 may be
   73  brought to compel compliance with this subsection, and in any
   74  such action the prevailing party is entitled to recover
   75  reasonable attorney attorney’s fees.
   76         (e)1.(c) Notwithstanding any limitation on transfer fees
   77  contained in s. 718.112(2)(i), the association or its authorized
   78  agent may charge a reasonable fee, which may not exceed
   79  reasonable costs to prepare and deliver for the preparation of
   80  the estoppel certificate.
   81         2. The association may not charge a fee for an estoppel
   82  certificate that is issued more than 10 business days after it
   83  receives the request for The amount of the fee must be included
   84  on the estoppel certificate.
   85         3. If the estoppel certificate is requested in conjunction
   86  with the sale or refinancing of a unit, the fee for the estoppel
   87  certificate shall be paid to the association from the closing or
   88  settlement proceeds only. If the closing does not occur, the fee
   89  for the estoppel certificate is the obligation of the unit owner
   90  and the association may collect the fee in the same manner as an
   91  assessment against the unit.
   92         4. An association may not require the payment of any fees
   93  other than those in this paragraph as a condition for the
   94  preparation or delivery of an estoppel certificate.
   95         (f)(d) The authority to charge a fee for the estoppel
   96  certificate must shall be established by a written resolution
   97  adopted by the board or provided by a written management,
   98  bookkeeping, or maintenance contract and is payable upon the
   99  preparation of the certificate. If the certificate is requested
  100  in conjunction with the sale or mortgage of a unit but the
  101  closing does not occur and no later than 30 days after the
  102  closing date for which the certificate was sought the preparer
  103  receives a written request, accompanied by reasonable
  104  documentation, that the sale did not occur from a payor that is
  105  not the unit owner, the fee shall be refunded to that payor
  106  within 30 days after receipt of the request. The refund is the
  107  obligation of the unit owner, and the association may collect it
  108  from that owner in the same manner as an assessment as provided
  109  in this section.
  110         Section 2. Subsection (6) of section 719.108, Florida
  111  Statutes, is amended to read:
  112         719.108 Rents and assessments; liability; lien and
  113  priority; interest; collection; cooperative ownership.—
  114         (6) The association shall issue an estoppel certificate to
  115  a unit owner or the unit owner’s designee or a unit mortgagee or
  116  the unit mortgagee’s designee within 10 business 15 days after
  117  receiving a written or an electronic request for the estoppel
  118  certificate. The delivery of the estoppel certificate must be
  119  made by United States mail, by hand delivery, or by electronic
  120  transmission to the requester on the date of issuance.
  121         (a) The estoppel certificate must contain all of the
  122  following:
  123         1. The date of issuance.
  124         2. An itemization of all assessments and other moneys owed
  125  to the association by the unit owner for a specific unit on the
  126  date of issuance. This itemization is limited to the amounts
  127  authorized by statute to be recorded in the official records of
  128  the association under s. 719.104(2).
  129         3. An itemization of any additional assessments and other
  130  moneys that are scheduled to become due for each day after the
  131  date of issuance for the effective period of the estoppel
  132  certificate. This itemization is limited to the amounts
  133  authorized by statute to be recorded in the official records of
  134  the association under s. 719.104(2). In calculating the amounts
  135  that are scheduled to become due, the association may assume
  136  that any delinquent amounts will remain delinquent during the
  137  effective period of the estoppel certificate.
  138         4. The amount of any fee charged by the association for
  139  preparing and delivering the estoppel certificate. This fee is
  140  in addition to any other amounts on the estoppel certificate.
  141         5. The signature of an officer or agent of the association.
  142         (b) An estoppel certificate that is delivered on the date
  143  of issuance has a 30-day effective period; however, an estoppel
  144  certificate that is sent by United States mail to the requester
  145  has a 35-day effective period.
  146         (c) The association waives the right to collect any moneys
  147  owed in excess of the amounts specified in the estoppel
  148  certificate from any person who in good faith relies upon the
  149  estoppel certificate and from the person’s successors and
  150  assigns.
  151         (d) A summary proceeding pursuant to s. 51.011 may be
  152  brought to compel compliance with this subsection, and in any
  153  such action the prevailing party is entitled to recover
  154  reasonable attorney fees by a unit owner or mortgagee, the
  155  association shall provide a certificate stating all assessments
  156  and other moneys owed to the association by the unit owner with
  157  respect to the cooperative parcel. Any person other than the
  158  unit owner who relies upon such certificate shall be protected
  159  thereby.
  160         (e)1. Notwithstanding any limitation on transfer fees
  161  contained in s. 719.106(1)(i), the association or its authorized
  162  agent may charge a reasonable fee, which may not exceed its
  163  reasonable costs to prepare and deliver for the preparation of
  164  the estoppel certificate.
  165         2. The association may not charge a fee for an estoppel
  166  certificate that is issued more than 10 business days after it
  167  receives the request for the estoppel certificate.
  168         3. If the estoppel certificate is requested in conjunction
  169  with the sale or refinancing of a unit, the fee for the estoppel
  170  certificate shall be paid to the association from the closing or
  171  settlement proceeds only. If the closing does not occur, the fee
  172  for the estoppel certificate is the obligation of the unit owner
  173  and the association may collect the fee in the same manner as an
  174  assessment against the unit.
  175         4. An association may not require the payment of any fees
  176  other than those in this paragraph as a condition for the
  177  preparation or delivery of an estoppel certificate.
  178         (f) The authority to charge a fee for the estoppel
  179  certificate must be established by a written resolution adopted
  180  by the board or provided by a written management, bookkeeping,
  181  or maintenance contract.
  182         Section 3. Section 720.30851, Florida Statutes, is amended
  183  to read:
  184         720.30851 Estoppel certificates.—The association shall
  185  issue an estoppel certificate to a parcel owner or the parcel
  186  owner’s designee or a mortgagee or the mortgagee’s designee
  187  within 10 business 15 days after receiving a written or an
  188  electronic request for the estoppel certificate. The delivery of
  189  the estoppel certificate must be made by United States mail, by
  190  hand delivery, or by electronic transmission to the requester on
  191  the date of issuance.
  192         (1) The estoppel certificate must contain all of the
  193  following:
  194         (a) The date of issuance.
  195         (b) An itemization of all assessments and other moneys owed
  196  to the association by the parcel owner for a specific parcel as
  197  recorded on the date of issuance. This itemization is limited to
  198  the amounts authorized by statute to be recorded in the official
  199  records of the association under s. 720.303(4).
  200         (c) An itemization of any additional assessments and other
  201  moneys that are scheduled to become due for each day after the
  202  date of issuance for the effective period of the estoppel
  203  certificate. This itemization is limited to the amounts
  204  authorized by statute to be recorded in the official records of
  205  the association under s. 720.303(4). In calculating the amounts
  206  that are scheduled to become due, the association may assume
  207  that any delinquent amounts will remain delinquent during the
  208  effective period of the estoppel certificate.
  209         (d) The amount of any fee charged by the association for
  210  preparing and delivering the estoppel certificate. This fee is
  211  in addition to any other amounts on the estoppel certificate.
  212         (e) The signature of an officer or agent of the
  213  association.
  214         (2) An estoppel certificate that is delivered on the date
  215  of issuance has a 30-day effective period; however, an estoppel
  216  certificate that is sent by United States mail to the requester
  217  has a 35-day effective period.
  218         (3) The association waives the right to collect any moneys
  219  owed in excess of the amounts specified in the estoppel
  220  certificate from any person who in good faith relies upon the
  221  estoppel certificate and from the person’s successors and
  222  assigns the date on which a request for an estoppel certificate
  223  is received from a parcel owner or mortgagee, or his or her
  224  designee, the association shall provide a certificate signed by
  225  an officer or authorized agent of the association stating all
  226  assessments and other moneys owed to the association by the
  227  parcel owner or mortgagee with respect to the parcel. An
  228  association may charge a fee for the preparation of such
  229  certificate, and the amount of such fee must be stated on the
  230  certificate.
  231         (1) Any person other than a parcel owner who relies upon a
  232  certificate receives the benefits and protection thereof.
  233         (4)(2) A summary proceeding pursuant to s. 51.011 may be
  234  brought to compel compliance with this section, and the
  235  prevailing party is entitled to recover reasonable attorney
  236  attorney’s fees.
  237         (5)(a) The association or its agent may charge a fee, which
  238  may not exceed reasonable costs to prepare and deliver the
  239  estoppel certificate.
  240         (b) The association may not charge a fee for an estoppel
  241  certificate that is issued more than 10 business days after it
  242  receives the request for the estoppel certificate.
  243         (c) If the estoppel certificate is requested in conjunction
  244  with the sale or refinancing of a parcel, the fee for the
  245  estoppel certificate shall be paid to the association from the
  246  closing or settlement proceeds only. If the closing does not
  247  occur, the fee for the estoppel certificate is the obligation of
  248  the parcel owner and the association may collect the fee in the
  249  same manner as an assessment against the parcel.
  250         (d) An association may not require the payment of any fees
  251  other than those in this subsection as a condition for the
  252  preparation or delivery of an estoppel certificate.
  253         (6)(3) The authority to charge a fee for the estoppel
  254  certificate must shall be established by a written resolution
  255  adopted by the board or provided by a written management,
  256  bookkeeping, or maintenance contract and is payable upon the
  257  preparation of the certificate. If the certificate is requested
  258  in conjunction with the sale or mortgage of a parcel but the
  259  closing does not occur and no later than 30 days after the
  260  closing date for which the certificate was sought the preparer
  261  receives a written request, accompanied by reasonable
  262  documentation, that the sale did not occur from a payor that is
  263  not the parcel owner, the fee shall be refunded to that payor
  264  within 30 days after receipt of the request. The refund is the
  265  obligation of the parcel owner, and the association may collect
  266  it from that owner in the same manner as an assessment as
  267  provided in this section.
  268         Section 4. This act shall take effect July 1, 2016.