Florida Senate - 2017                        COMMITTEE AMENDMENT
       Bill No. CS for SB 398
       
       
       
       
       
       
                                Ì164802ÅÎ164802                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  03/15/2017           .                                
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       The Committee on Judiciary (Passidomo) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 149 - 552
    4  and insert:
    5  estoppel certificate.
    6         (e)(b) A summary proceeding pursuant to s. 51.011 may be
    7  brought to compel compliance with this subsection, and in any
    8  such action the prevailing party is entitled to recover
    9  reasonable attorney attorney’s fees.
   10         (f)(c) Notwithstanding any limitation on transfer fees
   11  contained in s. 718.112(2)(i), an the association or its
   12  authorized agent may charge a reasonable fee for the preparation
   13  and delivery of an estoppel certificate, which may not exceed
   14  $200, if, on the date the certificate is issued, no delinquent
   15  amounts are owed to the association for the applicable unit. If
   16  an estoppel certificate is requested on an expedited basis and
   17  delivered within 3 business days after the request, the
   18  association may charge an additional fee of $100. If a
   19  delinquent amount is owed to the association for the applicable
   20  unit, an additional fee for the estoppel certificate may not
   21  exceed $200 for the preparation of the certificate. The amount
   22  of the fee must be included on the certificate.
   23         (g)If estoppel certificates for multiple units owned by
   24  the same owner are simultaneously requested from the same
   25  association and there are no past due monetary obligations owed
   26  to the association, the statement of moneys due for those units
   27  may be delivered in one or more estoppel certificates, and, even
   28  though the fee for each unit shall be computed as set forth in
   29  paragraph (f), the total fee that the association may charge for
   30  the preparation and delivery of the estoppel certificates may
   31  not exceed, in the aggregate:
   32         1.For 25 or fewer units, $750.
   33         2.For 26 to 50 units, $1,000.
   34         3.For 51 to 100 units, $1,500.
   35         4.For more than 100 units, $2,500.
   36         (h)(d) The authority to charge a fee for the preparation
   37  and delivery of the estoppel certificate must shall be
   38  established by a written resolution adopted by the board or
   39  provided by a written management, bookkeeping, or maintenance
   40  contract and is payable upon the preparation of the certificate.
   41  If the certificate is requested in conjunction with the sale or
   42  mortgage of a unit but the closing does not occur and no later
   43  than 30 days after the closing date for which the certificate
   44  was sought the preparer receives a written request, accompanied
   45  by reasonable documentation, that the sale did not occur from a
   46  payor that is not the unit owner, the fee shall be refunded to
   47  that payor within 30 days after receipt of the request. The
   48  refund is the obligation of the unit owner, and the association
   49  may collect it from that owner in the same manner as an
   50  assessment as provided in this section. The right to
   51  reimbursement may not be waived or modified by any contract or
   52  agreement. The prevailing party in any action brought to enforce
   53  a right of reimbursement shall be awarded damages and all
   54  applicable attorney fees and costs.
   55         Section 2. Subsection (6) of section 719.108, Florida
   56  Statutes, is amended to read:
   57         719.108 Rents and assessments; liability; lien and
   58  priority; interest; collection; cooperative ownership.—
   59         (6) Within 10 business 15 days after receiving a written or
   60  electronic request for an estoppel certificate from a unit owner
   61  or the unit owner’s designee, or a unit mortgagee or the unit
   62  mortgagee’s designee, the association shall issue the estoppel
   63  certificate. Each association shall designate on its website a
   64  person or entity with a street or e-mail address for receipt of
   65  a request for an estoppel certificate issued pursuant to this
   66  section. The estoppel certificate must be provided by hand
   67  delivery, regular mail, or e-mail to the requestor on the date
   68  of issuance of the estoppel certificate.
   69         (a) The estoppel certificate must contain all of the
   70  following information and must be substantially in the following
   71  form:
   72         1.Date of issuance:....
   73         2.Name(s) of the unit owner(s) reflected in the books and
   74  records of the association:....
   75         3.Unit designation and address:....
   76         4.Parking or garage space number, if any:....
   77         5. Storage locker number, if any:....
   78         6.Attorney’s name and contact information if the account
   79  is delinquent and has been turned over to an attorney for
   80  collection. No fee may be charged for this information.
   81         7.Fee for the preparation and delivery of the estoppel
   82  certificate:....
   83         8. Name of the requestor:....
   84         9. Assessment information and other information:
   85  
   86                       ASSESSMENT INFORMATION:                     
   87         a.The regular periodic assessment levied against the unit
   88  is $.... per ...(insert frequency of payment)....
   89         b.The regular periodic assessment is paid through
   90  ...(insert date paid through)....
   91         c.The next installment of the regular periodic assessment
   92  is due ...(insert due date)... in the amount of $.....
   93         d.An itemized list of all assessments, special
   94  assessments, and other moneys owed by the unit owner on the date
   95  of issuance to the association for a specific unit is provided.
   96         e.An itemized list of any additional assessments, special
   97  assessments, and other moneys that are scheduled to become due
   98  for each day after the date of issuance for the effective period
   99  of the estoppel certificate is provided. In calculating the
  100  amounts that are scheduled to become due, the association may
  101  assume that any delinquent amounts will remain delinquent during
  102  the effective period of the estoppel certificate.
  103  
  104                         OTHER INFORMATION:                        
  105         f.Is there a capital contribution fee, resale fee,
  106  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  107  specify the type and amount of the fee.
  108         g.What is the amount, if any, of an association
  109  application fee?
  110         h.Is there a credit balance on the current account?
  111  ...(Yes)... ...(No)....
  112         i.Is there any violation of rule or regulation noticed to
  113  the unit owner in the association official records? ...(Yes)...
  114  ...(No)....
  115         j.Do the rules and regulations of the association
  116  applicable to the unit require approval by the board of
  117  directors of the association for the transfer of the unit?
  118  ...Yes... ...(No).... If yes, has the board approved the
  119  transfer of the unit? ...(Yes)... .. .(No)....
  120         k.Do rules or regulations applicable to the unit provide
  121  for a right of first refusal in favor of the members or
  122  association? ...(Yes)... ...(No).... If yes, include applicable
  123  rules or regulations.
  124         l.Provide a list of utilities provided to the unit which
  125  are included in the assessments paid to the association.
  126         m.Provide a list of all recreational or land leases to the
  127  association affecting the unit.
  128         n.Provide a list of, and contact information for, all
  129  other associations of which the unit is a member.
  130         o.Provide a description of any litigation or
  131  administrative proceedings in which the association is a party.
  132         p.Provide contact information for all insurance maintained
  133  by the association.
  134         q. Provide the signature of an officer or authorized agent
  135  of the association.
  136  
  137  The association, at its option, may include additional
  138  information in the estoppel certificate.
  139         (b)An estoppel certificate that is hand delivered or sent
  140  by electronic means has a 30-day effective period. An estoppel
  141  certificate that is sent by regular mail has a 35-day effective
  142  period. If additional information or a mistake related to the
  143  estoppel certificate becomes known to the association within the
  144  effective period, an amended estoppel certificate may be
  145  delivered and becomes effective if a sale or refinancing of the
  146  unit has not been completed during the effective period. A fee
  147  may not be charged for an amended estoppel certificate. An
  148  amended estoppel certificate must be delivered on the date of
  149  issuance, and a new 30-day or 35-day effective period begins on
  150  such date.
  151         (c)An association waives the right to collect any moneys
  152  owed in excess of the amounts specified in the estoppel
  153  certificate from any person who in good faith relies upon the
  154  estoppel certificate and from the person’s successors and
  155  assigns.
  156         (d)If an association receives a request for an estoppel
  157  certificate from a unit owner or the unit owner’s designee, or a
  158  unit mortgagee or the unit mortgagee’s designee, and fails to
  159  deliver the estoppel certificate within 10 business days, a fee
  160  may not be charged for the preparation and delivery of that
  161  estoppel certificate.
  162         (e) A summary proceeding pursuant to s. 51.011 may be
  163  brought to compel compliance with this subsection, and in any
  164  such action the prevailing party is entitled to recover
  165  reasonable attorney fees.
  166         (f)Notwithstanding any limitation on transfer fees
  167  contained in s. 719.106(1)(i), an association or its authorized
  168  agent may charge a reasonable fee for the preparation and
  169  delivery of an estoppel certificate, which may not exceed $200
  170  if, on the date the certificate is issued, no delinquent amounts
  171  are owed to the association for the applicable unit. If an
  172  estoppel certificate is requested on an expedited basis and
  173  delivered within 3 business days after the request, the
  174  association may charge an additional fee of $100. If a
  175  delinquent amount is owed to the association for the applicable
  176  unit, an additional fee for the estoppel certificate may not
  177  exceed $200.
  178         (g) If estoppel certificates for multiple units owned by
  179  the same owner are simultaneously requested from the same
  180  association and there are no past due monetary obligations owed
  181  to the association, the statement of moneys due for those units
  182  may be delivered in one or more estoppel certificates, and, even
  183  though the fee for each unit shall be computed as set forth in
  184  paragraph (f), the total fee that the association may charge for
  185  the preparation and delivery of the estoppel certificates may
  186  not exceed, in the aggregate:
  187         1.For 25 or fewer units, $750.
  188         2.For 26 to 50 units, $1,000.
  189         3.For 51 to 100 units, $1,500.
  190         4.For more than 100 units, $2,500.
  191         (h)The authority to charge a fee for the preparation and
  192  delivery of the estoppel certificate must be established by a
  193  written resolution adopted by the board or provided by a written
  194  management, bookkeeping, or maintenance contract and is payable
  195  upon the preparation of the certificate. If the certificate is
  196  requested in conjunction with the sale or mortgage of a parcel
  197  but the closing does not occur and no later than 30 days after
  198  the closing date for which the certificate was sought the
  199  preparer receives a written request, accompanied by reasonable
  200  documentation, that the sale did not occur from a payor that is
  201  not the parcel owner, the fee shall be refunded to that payor
  202  within 30 days after receipt of the request. The refund is the
  203  obligation of the parcel owner, and the association may collect
  204  it from that owner in the same manner as an assessment as
  205  provided in this section by a unit owner or mortgagee, the
  206  association shall provide a certificate stating all assessments
  207  and other moneys owed to the association by the unit owner with
  208  respect to the cooperative parcel. Any person other than the
  209  unit owner who relies upon such certificate shall be protected
  210  thereby. Notwithstanding any limitation on transfer fees
  211  contained in s. 719.106(1)(i), the association or its authorized
  212  agent may charge a reasonable fee for the preparation of the
  213  certificate.
  214         Section 3. Section 720.30851, Florida Statutes, is amended
  215  to read:
  216         720.30851 Estoppel certificates.—Within 10 business 15 days
  217  after receiving a written or electronic the date on which a
  218  request for an estoppel certificate from a parcel owner or the
  219  parcel owner’s designee, or a parcel mortgagee or the parcel
  220  mortgagee’s designee, the association shall issue the estoppel
  221  certificate. Each association shall designate on its website a
  222  person or entity with a street or e-mail address for receipt of
  223  a request for an estoppel certificate issued pursuant to this
  224  section. The estoppel certificate must be provided by hand
  225  delivery, regular mail, or e-mail to the requestor on the date
  226  of issuance of the estoppel certificate.
  227         (1) The estoppel certificate must contain all of the
  228  following information and must be substantially in the following
  229  form:
  230         (a)Date of issuance:....
  231         (b)Name(s) of the parcel owner(s) reflected in the books
  232  and records of the association:....
  233         (c)Parcel designation and address:....
  234         (d) Parking or garage space number, if any:....
  235         (e)Storage locker number, if any:....
  236         (f)Attorney’s name and contact information if the account
  237  is delinquent and has been turned over to an attorney for
  238  collection. No fee may be charged for this information.
  239         (g)Fee for the preparation and delivery of the estoppel
  240  certificate:....
  241         (h) Name of the requestor:....
  242         (i) Assessment information and other information:
  243  
  244                       ASSESSMENT INFORMATION:                     
  245         1.The regular periodic assessment levied against the
  246  parcel is $.... per ...(insert frequency of payment)....
  247         2.The regular periodic assessment is paid through
  248  ...(insert date paid through)....
  249         3.The next installment of the regular periodic assessment
  250  is due ...(insert due date)... in the amount of $.....
  251         4.An itemized list of all assessments, special
  252  assessments, and other moneys owed on the date of issuance to
  253  the association by the parcel owner for a specific parcel is
  254  provided.
  255         5.An itemized list of any additional assessments, special
  256  assessments, and other moneys that are scheduled to become due
  257  for each day after the date of issuance for the effective period
  258  of the estoppel certificate is provided. In calculating the
  259  amounts that are scheduled to become due, the association may
  260  assume that any delinquent amounts will remain delinquent during
  261  the effective period of the estoppel certificate.
  262  
  263                         OTHER INFORMATION:                        
  264         6.Is there a capital contribution fee, resale fee,
  265  transfer fee, or other fee due? ...(Yes)... ...(No).... If yes,
  266  specify the type and amount of the fee.
  267         7.What is the amount, if any, of an association
  268  application fee?
  269         8.Is there a credit balance on the current account?
  270  ...(Yes)... ...(No)....
  271         9.Is there any violation of rule or regulation noticed to
  272  the parcel owner in the association official records?
  273  ...(Yes)... ...(No)....
  274         10.Do the rules and regulations of the association
  275  applicable to the parcel require approval by the board of
  276  directors of the association for the transfer of the parcel?
  277  ...(Yes)... ...(No).... If yes, has the board approved the
  278  transfer of the parcel? ...(Yes)... ...(No)....
  279         11.Do rules or regulations applicable to the parcel
  280  provide for a right of first refusal in favor of the members or
  281  association? ...(Yes)... ...(No).... If yes, include applicable
  282  rules or regulations.
  283         12.Provide a list of utilities provided to the parcel
  284  which are included in the assessments paid to the association.
  285         13.Provide a list of all recreational or land leases to
  286  the association affecting the parcel.
  287         14.Provide a list of, and contact information for, all
  288  other associations of which the parcel is a member.
  289         15.Provide a description of any litigation or
  290  administrative proceedings in which the association is a party.
  291         16.Provide contact information for all insurance
  292  maintained by the association.
  293         17. Provide the signature of an officer or authorized agent
  294  of the association.
  295  
  296  The association, at its option, may include additional
  297  information in the estoppel certificate.
  298         (2)An estoppel certificate that is hand delivered or sent
  299  by electronic means has a 30-day effective period. An estoppel
  300  certificate that is sent by regular mail has a 35-day effective
  301  period. If additional information or a mistake related to the
  302  estoppel certificate becomes known to the association within the
  303  effective period, an amended estoppel certificate may be
  304  delivered and becomes effective if a sale or refinancing of the
  305  parcel has not been completed during the effective period. A fee
  306  may not be charged for an amended estoppel certificate. An
  307  amended estoppel certificate must be delivered on the date of
  308  issuance, and a new 30-day or 35-day effective period begins on
  309  such date.
  310         (3)An association waives the right to collect any moneys
  311  owed in excess of the amounts specified in the estoppel
  312  certificate from any person who in good faith relies upon the
  313  estoppel certificate and from the person’s successors and
  314  assigns.
  315         (4)If an association receives a request for an estoppel
  316  certificate from a parcel owner or the parcel owner’s designee,
  317  or a parcel mortgagee or the parcel mortgagee’s designee, and
  318  fails to deliver the estoppel certificate within 10 business
  319  days, a fee may not be charged for the preparation and delivery
  320  of that estoppel certificate for an estoppel certificate is
  321  received from a parcel owner or mortgagee, or his or her
  322  designee, the association shall provide a certificate signed by
  323  an officer or authorized agent of the association stating all
  324  assessments and other moneys owed to the association by the
  325  parcel owner or mortgagee with respect to the parcel. An
  326  association may charge a fee for the preparation of such
  327  certificate, and the amount of such fee must be stated on the
  328  certificate.
  329         (1) Any person other than a parcel owner who relies upon a
  330  certificate receives the benefits and protection thereof.
  331         (5)(2) A summary proceeding pursuant to s. 51.011 may be
  332  brought to compel compliance with this section, and the
  333  prevailing party is entitled to recover reasonable attorney
  334  attorney’s fees.
  335         (6)An association or its authorized agent may charge a
  336  reasonable fee for the preparation and delivery of an estoppel
  337  certificate, which may not exceed $200 if on the date the
  338  certificate is issued, no delinquent amounts are owed to the
  339  association for the applicable parcel. If an estoppel
  340  certificate is requested on an expedited basis and delivered
  341  within 3 business days after the request, the association may
  342  charge an additional fee of $100. If a delinquent amount is owed
  343  to the association for the applicable parcel, an additional fee
  344  for the estoppel certificate may not exceed $200.
  345         (7)If estoppel certificates for multiple parcels owned by
  346  the same owner are simultaneously requested from the same
  347  association and there are no past due monetary obligations owed
  348  to the association, the statement of moneys due for those
  349  parcels may be delivered in one or more estoppel certificates,
  350  and, even though the fee for each parcel shall be computed as
  351  set forth in subsection (6), the total fee that the association
  352  may charge for the preparation and delivery of the estoppel
  353  certificates may not exceed, in the aggregate:
  354         (a)For 25 or fewer parcels, $750.
  355         (b)For 26 to 50 parcels, $1,000.
  356         (c)For 51 to 100 parcels, $1,500.
  357         (d)For more than 100 parcels, $2,500.
  358         (8)(3) The authority to charge a fee for the preparation
  359  and delivery of the estoppel certificate must shall be
  360  established by a written resolution adopted by the board or
  361  provided by a written management, bookkeeping, or maintenance
  362  contract and is payable upon the preparation of the certificate.
  363  If the certificate is requested in conjunction with the sale or
  364  mortgage of a parcel but the closing does not occur and no later
  365  than 30 days after the closing date for which the certificate
  366  was sought the preparer receives a written request, accompanied
  367  by reasonable documentation, that the sale did not occur from a
  368  payor that is not the parcel owner, the fee shall be refunded to
  369  that payor within 30 days after receipt of the request. The
  370  refund is the obligation of the parcel owner, and the
  371  association may collect it from that owner in the same manner as
  372  an assessment as provided in this section. The right to
  373  reimbursement may not be waived or modified by any contract or
  374  agreement. The prevailing party in any action brought to enforce
  375  a right of reimbursement shall be awarded damages and all
  376  applicable attorney fees and costs.
  377  
  378  ================= T I T L E  A M E N D M E N T ================
  379  And the title is amended as follows:
  380         Delete lines 13 - 32
  381  and insert:
  382         and form of delivery; prohibiting an association from
  383         charging a preparation and delivery fee or making
  384         certain claims if it fails to deliver an estoppel
  385         certificate within certain timeframes; revising fee
  386         requirements for preparing and delivering an estoppel
  387         certificate under various circumstances; authorizing
  388         the statement of moneys due to be delivered in one or
  389         more estoppel certificates under certain
  390         circumstances; providing limits on a total fee charged
  391         for the preparation and delivery of estoppel
  392         certificates; certificates; requiring that the
  393         authority to charge a fee for the preparation and
  394         delivery of estoppel certificates be established by a
  395         specified written resolution or provided by a certain
  396         type of contract; providing that the right to
  397         reimbursement may not be waived or modified by a
  398         contract or agreement; requiring that the prevailing
  399         party in an action to enforce a right to reimbursement
  400         be awarded certain damages, fees, and costs;