Florida Senate - 2024 SB 278
By Senator Martin
33-00343A-24 2024278__
1 A bill to be entitled
2 An act relating to estoppel certificates; amending ss.
3 718.116, 719.108, and 720.30851, F.S.; prohibiting
4 community associations from charging a fee for the
5 production and delivery of estoppel certificates;
6 providing an effective date.
7
8 Be It Enacted by the Legislature of the State of Florida:
9
10 Section 1. Paragraphs (a) and (d) through (i) of subsection
11 (8) of section 718.116, Florida Statutes, are amended to read:
12 718.116 Assessments; liability; lien and priority;
13 interest; collection.—
14 (8) Within 10 business days after receiving a written or
15 electronic request therefor from a unit owner or the unit
16 owner’s designee, or a unit mortgagee or the unit mortgagee’s
17 designee, the association shall issue the estoppel certificate.
18 Each association shall designate on its website a person or
19 entity with a street or e-mail address for receipt of a request
20 for an estoppel certificate issued pursuant to this section. The
21 estoppel certificate must be provided by hand delivery, regular
22 mail, or e-mail to the requestor on the date of issuance of the
23 estoppel certificate.
24 (a) An estoppel certificate may be completed by any board
25 member, authorized agent, or authorized representative of the
26 association, including any authorized agent, authorized
27 representative, or employee of a management company authorized
28 to complete this form on behalf of the board or association. The
29 estoppel certificate must contain all of the following
30 information and must be substantially in the following form:
31 1. Date of issuance:....
32 2. Name(s) of the unit owner(s) as reflected in the books
33 and records of the association:....
34 3. Unit designation and address:....
35 4. Parking or garage space number, as reflected in the
36 books and records of the association:....
37 5. Attorney’s name and contact information if the account
38 is delinquent and has been turned over to an attorney for
39 collection. No fee may be charged for this information.
40 6. Fee for the preparation and delivery of the estoppel
41 certificate:....
42 7. Name of the requestor:....
43 7.8. Assessment information and other information:
44
45 ASSESSMENT INFORMATION:
46
47 a. The regular periodic assessment levied against the unit
48 is $.... per ...(insert frequency of payment)....
49 b. The regular periodic assessment is paid through
50 ...(insert date paid through)....
51 c. The next installment of the regular periodic assessment
52 is due ...(insert due date)... in the amount of $.....
53 d. An itemized list of all assessments, special
54 assessments, and other moneys owed on the date of issuance to
55 the association by the unit owner for a specific unit is
56 provided.
57 e. An itemized list of any additional assessments, special
58 assessments, and other moneys that are scheduled to become due
59 for each day after the date of issuance for the effective period
60 of the estoppel certificate is provided. In calculating the
61 amounts that are scheduled to become due, the association may
62 assume that any delinquent amounts will remain delinquent during
63 the effective period of the estoppel certificate.
64
65 OTHER INFORMATION:
66
67 f. Is there a capital contribution fee, resale fee,
68 transfer fee, or other fee due? ....(Yes) ....(No). If yes,
69 specify the type and the amount of the fee.
70 g. Is there any open violation of rule or regulation
71 noticed to the unit owner in the association official records?
72 ....(Yes) ....(No).
73 h. Do the rules and regulations of the association
74 applicable to the unit require approval by the board of
75 directors of the association for the transfer of the unit?
76 ....(Yes) ....(No). If yes, has the board approved the transfer
77 of the unit? ....(Yes) ....(No).
78 i. Is there a right of first refusal provided to the
79 members or the association? ....(Yes) ....(No). If yes, have the
80 members or the association exercised that right of first
81 refusal? ....(Yes) ....(No).
82 j. Provide a list of, and contact information for, all
83 other associations of which the unit is a member.
84 k. Provide contact information for all insurance maintained
85 by the association.
86 l. Provide the signature of an officer or authorized agent
87 of the association.
88
89 The association, at its option, may include additional
90 information in the estoppel certificate.
91 (d) If an association receives a request for an estoppel
92 certificate from a unit owner or the unit owner’s designee, or a
93 unit mortgagee or the unit mortgagee’s designee, and fails to
94 deliver the estoppel certificate within 10 business days, a fee
95 may not be charged for the preparation and delivery of that
96 estoppel certificate.
97 (e) A summary proceeding pursuant to s. 51.011 may be
98 brought to compel compliance with this subsection, and in any
99 such action the prevailing party is entitled to recover
100 reasonable attorney fees.
101 (e)(f) An association may not charge a fee for the
102 preparation and delivery of an estoppel certificate
103 Notwithstanding any limitation on transfer fees contained in s.
104 718.112(2)(k), an association or its authorized agent may charge
105 a reasonable fee for the preparation and delivery of an estoppel
106 certificate, which may not exceed $250, if, on the date the
107 certificate is issued, no delinquent amounts are owed to the
108 association for the applicable unit. If an estoppel certificate
109 is requested on an expedited basis and delivered within 3
110 business days after the request, the association may charge an
111 additional fee of $100. If a delinquent amount is owed to the
112 association for the applicable unit, an additional fee for the
113 estoppel certificate may not exceed $150.
114 (g) If estoppel certificates for multiple units owned by
115 the same owner are simultaneously requested from the same
116 association and there are no past due monetary obligations owed
117 to the association, the statement of moneys due for those units
118 may be delivered in one or more estoppel certificates, and, even
119 though the fee for each unit shall be computed as set forth in
120 paragraph (f), the total fee that the association may charge for
121 the preparation and delivery of the estoppel certificates may
122 not exceed, in the aggregate:
123 1. For 25 or fewer units, $750.
124 2. For 26 to 50 units, $1,000.
125 3. For 51 to 100 units, $1,500.
126 4. For more than 100 units, $2,500.
127 (h) The authority to charge a fee for the preparation and
128 delivery of the estoppel certificate must be established by a
129 written resolution adopted by the board or provided by a written
130 management, bookkeeping, or maintenance contract and is payable
131 upon the preparation of the certificate. If the certificate is
132 requested in conjunction with the sale or mortgage of a unit but
133 the closing does not occur and no later than 30 days after the
134 closing date for which the certificate was sought the preparer
135 receives a written request, accompanied by reasonable
136 documentation, that the sale did not occur from a payor that is
137 not the unit owner, the fee shall be refunded to that payor
138 within 30 days after receipt of the request. The refund is the
139 obligation of the unit owner, and the association may collect it
140 from that owner in the same manner as an assessment as provided
141 in this section. The right to reimbursement may not be waived or
142 modified by any contract or agreement. The prevailing party in
143 any action brought to enforce a right of reimbursement shall be
144 awarded damages and all applicable attorney fees and costs.
145 (i) The fees specified in this subsection shall be adjusted
146 every 5 years in an amount equal to the total of the annual
147 increases for that 5-year period in the Consumer Price Index for
148 All Urban Consumers, U.S. City Average, All Items. The
149 Department of Business and Professional Regulation shall
150 periodically calculate the fees, rounded to the nearest dollar,
151 and publish the amounts, as adjusted, on its website.
152 Section 2. Paragraphs (a) and (d) through (i) of subsection
153 (6) of section 719.108, Florida Statutes, are amended to read:
154 719.108 Rents and assessments; liability; lien and
155 priority; interest; collection; cooperative ownership.—
156 (6) Within 10 business days after receiving a written or
157 electronic request for an estoppel certificate from a unit owner
158 or the unit owner’s designee, or a unit mortgagee or the unit
159 mortgagee’s designee, the association shall issue the estoppel
160 certificate. Each association shall designate on its website a
161 person or entity with a street or e-mail address for receipt of
162 a request for an estoppel certificate issued pursuant to this
163 section. The estoppel certificate must be provided by hand
164 delivery, regular mail, or e-mail to the requestor on the date
165 of issuance of the estoppel certificate.
166 (a) An estoppel certificate may be completed by any board
167 member, authorized agent, or authorized representative of the
168 association, including any authorized agent, authorized
169 representative, or employee of a management company authorized
170 to complete this form on behalf of the board or association. The
171 estoppel certificate must contain all of the following
172 information and must be substantially in the following form:
173 1. Date of issuance:....
174 2. Name(s) of the unit owner(s) as reflected in the books
175 and records of the association:....
176 3. Unit designation and address:....
177 4. Parking or garage space number, as reflected in the
178 books and records of the association:....
179 5. Attorney’s name and contact information if the account
180 is delinquent and has been turned over to an attorney for
181 collection. No fee may be charged for this information.
182 6. Fee for the preparation and delivery of the estoppel
183 certificate:....
184 7. Name of the requestor:....
185 7.8. Assessment information and other information:
186
187 ASSESSMENT INFORMATION:
188
189 a. The regular periodic assessment levied against the unit
190 is $.... per ...(insert frequency of payment)....
191 b. The regular periodic assessment is paid through
192 ...(insert date paid through)....
193 c. The next installment of the regular periodic assessment
194 is due ...(insert due date)... in the amount of $.....
195 d. An itemized list of all assessments, special
196 assessments, and other moneys owed by the unit owner on the date
197 of issuance to the association for a specific unit is provided.
198 e. An itemized list of any additional assessments, special
199 assessments, and other moneys that are scheduled to become due
200 for each day after the date of issuance for the effective period
201 of the estoppel certificate is provided. In calculating the
202 amounts that are scheduled to become due, the association may
203 assume that any delinquent amounts will remain delinquent during
204 the effective period of the estoppel certificate.
205
206 OTHER INFORMATION:
207
208 f. Is there a capital contribution fee, resale fee,
209 transfer fee, or other fee due? ....(Yes) ....(No). If yes,
210 specify the type and amount of the fee.
211 g. Is there any open violation of rule or regulation
212 noticed to the unit owner in the association official records?
213 ....(Yes) ....(No).
214 h. Do the rules and regulations of the association
215 applicable to the unit require approval by the board of
216 directors of the association for the transfer of the unit?
217 ....(Yes) ....(No). If yes, has the board approved the transfer
218 of the unit? ....(Yes) ....(No).
219 i. Is there a right of first refusal provided to the
220 members or the association? ....(Yes) ....(No). If yes, have the
221 members or the association exercised that right of first
222 refusal? ....(Yes) ....(No).
223 j. Provide a list of, and contact information for, all
224 other associations of which the unit is a member.
225 k. Provide contact information for all insurance maintained
226 by the association.
227 l. Provide the signature of an officer or authorized agent
228 of the association.
229
230 The association, at its option, may include additional
231 information in the estoppel certificate.
232 (d) If an association receives a request for an estoppel
233 certificate from a unit owner or the unit owner’s designee, or a
234 unit mortgagee or the unit mortgagee’s designee, and fails to
235 deliver the estoppel certificate within 10 business days, a fee
236 may not be charged for the preparation and delivery of that
237 estoppel certificate.
238 (e) A summary proceeding pursuant to s. 51.011 may be
239 brought to compel compliance with this subsection, and in any
240 such action the prevailing party is entitled to recover
241 reasonable attorney fees.
242 (e)(f) An association may not charge a fee for the
243 preparation and delivery of an estoppel certificate
244 Notwithstanding any limitation on transfer fees contained in s.
245 719.106(1)(i), an association or its authorized agent may charge
246 a reasonable fee for the preparation and delivery of an estoppel
247 certificate, which may not exceed $250 if, on the date the
248 certificate is issued, no delinquent amounts are owed to the
249 association for the applicable unit. If an estoppel certificate
250 is requested on an expedited basis and delivered within 3
251 business days after the request, the association may charge an
252 additional fee of $100. If a delinquent amount is owed to the
253 association for the applicable unit, an additional fee for the
254 estoppel certificate may not exceed $150.
255 (g) If estoppel certificates for multiple units owned by
256 the same owner are simultaneously requested from the same
257 association and there are no past due monetary obligations owed
258 to the association, the statement of moneys due for those units
259 may be delivered in one or more estoppel certificates, and, even
260 though the fee for each unit shall be computed as set forth in
261 paragraph (f), the total fee that the association may charge for
262 the preparation and delivery of the estoppel certificates may
263 not exceed, in the aggregate:
264 1. For 25 or fewer units, $750.
265 2. For 26 to 50 units, $1,000.
266 3. For 51 to 100 units, $1,500.
267 4. For more than 100 units, $2,500.
268 (h) The authority to charge a fee for the preparation and
269 delivery of the estoppel certificate must be established by a
270 written resolution adopted by the board or provided by a written
271 management, bookkeeping, or maintenance contract and is payable
272 upon the preparation of the certificate. If the certificate is
273 requested in conjunction with the sale or mortgage of a parcel
274 but the closing does not occur and no later than 30 days after
275 the closing date for which the certificate was sought the
276 preparer receives a written request, accompanied by reasonable
277 documentation, that the sale did not occur from a payor that is
278 not the parcel owner, the fee shall be refunded to that payor
279 within 30 days after receipt of the request. The refund is the
280 obligation of the parcel owner, and the association may collect
281 it from that owner in the same manner as an assessment as
282 provided in this section. The right to reimbursement may not be
283 waived or modified by any contract or agreement. The prevailing
284 party in any action brought to enforce a right of reimbursement
285 shall be awarded damages and all applicable attorney fees and
286 costs.
287 (i) The fees specified in this subsection shall be adjusted
288 every 5 years in an amount equal to the total of the annual
289 increases for that 5-year period in the Consumer Price Index for
290 All Urban Consumers, U.S. City Average, All Items. The
291 Department of Business and Professional Regulation shall
292 periodically calculate the fees, rounded to the nearest dollar,
293 and publish the amounts, as adjusted, on its website.
294 Section 3. Subsections (1) and (4) through (9) of section
295 720.30851, Florida Statutes, are amended to read:
296 720.30851 Estoppel certificates.—Within 10 business days
297 after receiving a written or electronic request for an estoppel
298 certificate from a parcel owner or the parcel owner’s designee,
299 or a parcel mortgagee or the parcel mortgagee’s designee, the
300 association shall issue the estoppel certificate. Each
301 association shall designate on its website a person or entity
302 with a street or e-mail address for receipt of a request for an
303 estoppel certificate issued pursuant to this section. The
304 estoppel certificate must be provided by hand delivery, regular
305 mail, or e-mail to the requestor on the date of issuance of the
306 estoppel certificate.
307 (1) An estoppel certificate may be completed by any board
308 member, authorized agent, or authorized representative of the
309 association, including any authorized agent, authorized
310 representative, or employee of a management company authorized
311 to complete this form on behalf of the board or association. The
312 estoppel certificate must contain all of the following
313 information and must be substantially in the following form:
314 (a) Date of issuance:....
315 (b) Name(s) of the parcel owner(s) as reflected in the
316 books and records of the association:....
317 (c) Parcel designation and address:....
318 (d) Parking or garage space number, as reflected in the
319 books and records of the association:....
320 (e) Attorney’s name and contact information if the account
321 is delinquent and has been turned over to an attorney for
322 collection. No fee may be charged for this information.
323 (f) Fee for the preparation and delivery of the estoppel
324 certificate:....
325 (g) Name of the requestor:....
326 (g)(h) Assessment information and other information:
327
328 ASSESSMENT INFORMATION:
329
330 1. The regular periodic assessment levied against the
331 parcel is $.... per ...(insert frequency of payment)....
332 2. The regular periodic assessment is paid through
333 ...(insert date paid through)....
334 3. The next installment of the regular periodic assessment
335 is due ...(insert due date)... in the amount of $.....
336 4. An itemized list of all assessments, special
337 assessments, and other moneys owed on the date of issuance to
338 the association by the parcel owner for a specific parcel is
339 provided.
340 5. An itemized list of any additional assessments, special
341 assessments, and other moneys that are scheduled to become due
342 for each day after the date of issuance for the effective period
343 of the estoppel certificate is provided. In calculating the
344 amounts that are scheduled to become due, the association may
345 assume that any delinquent amounts will remain delinquent during
346 the effective period of the estoppel certificate.
347
348 OTHER INFORMATION:
349
350 6. Is there a capital contribution fee, resale fee,
351 transfer fee, or other fee due? ....(Yes) ....(No). If yes,
352 specify the type and amount of the fee.
353 7. Is there any open violation of rule or regulation
354 noticed to the parcel owner in the association official records?
355 ....(Yes) ....(No).
356 8. Do the rules and regulations of the association
357 applicable to the parcel require approval by the board of
358 directors of the association for the transfer of the parcel?
359 ....(Yes) ....(No). If yes, has the board approved the transfer
360 of the parcel? ....(Yes) ....(No).
361 9. Is there a right of first refusal provided to the
362 members or the association? ....(Yes) ....(No). If yes, have the
363 members or the association exercised that right of first
364 refusal? ....(Yes) ....(No).
365 10. Provide a list of, and contact information for, all
366 other associations of which the parcel is a member.
367 11. Provide contact information for all insurance
368 maintained by the association.
369 12. Provide the signature of an officer or authorized agent
370 of the association.
371
372 The association, at its option, may include additional
373 information in the estoppel certificate.
374 (4) If an association receives a request for an estoppel
375 certificate from a parcel owner or the parcel owner’s designee,
376 or a parcel mortgagee or the parcel mortgagee’s designee, and
377 fails to deliver the estoppel certificate within 10 business
378 days, a fee may not be charged for the preparation and delivery
379 of that estoppel certificate.
380 (5) A summary proceeding pursuant to s. 51.011 may be
381 brought to compel compliance with this section, and the
382 prevailing party is entitled to recover reasonable attorney
383 fees.
384 (5)(6) An association may not charge a fee for the
385 preparation and delivery of an estoppel certificate or its
386 authorized agent may charge a reasonable fee for the preparation
387 and delivery of an estoppel certificate, which may not exceed
388 $250, if, on the date the certificate is issued, no delinquent
389 amounts are owed to the association for the applicable parcel.
390 If an estoppel certificate is requested on an expedited basis
391 and delivered within 3 business days after the request, the
392 association may charge an additional fee of $100. If a
393 delinquent amount is owed to the association for the applicable
394 parcel, an additional fee for the estoppel certificate may not
395 exceed $150.
396 (7) If estoppel certificates for multiple parcels owned by
397 the same owner are simultaneously requested from the same
398 association and there are no past due monetary obligations owed
399 to the association, the statement of moneys due for those
400 parcels may be delivered in one or more estoppel certificates,
401 and, even though the fee for each parcel shall be computed as
402 set forth in subsection (6), the total fee that the association
403 may charge for the preparation and delivery of the estoppel
404 certificates may not exceed, in the aggregate:
405 (a) For 25 or fewer parcels, $750.
406 (b) For 26 to 50 parcels, $1,000.
407 (c) For 51 to 100 parcels, $1,500.
408 (d) For more than 100 parcels, $2,500.
409 (8) The authority to charge a fee for the preparation and
410 delivery of the estoppel certificate must be established by a
411 written resolution adopted by the board or provided by a written
412 management, bookkeeping, or maintenance contract and is payable
413 upon the preparation of the certificate. If the certificate is
414 requested in conjunction with the sale or mortgage of a parcel
415 but the closing does not occur and no later than 30 days after
416 the closing date for which the certificate was sought the
417 preparer receives a written request, accompanied by reasonable
418 documentation, that the sale did not occur from a payor that is
419 not the parcel owner, the fee shall be refunded to that payor
420 within 30 days after receipt of the request. The refund is the
421 obligation of the parcel owner, and the association may collect
422 it from that owner in the same manner as an assessment as
423 provided in this section. The right to reimbursement may not be
424 waived or modified by any contract or agreement. The prevailing
425 party in any action brought to enforce a right of reimbursement
426 shall be awarded damages and all applicable attorney fees and
427 costs.
428 (9) The fees specified in this section shall be adjusted
429 every 5 years in an amount equal to the total of the annual
430 increases for that 5-year period in the Consumer Price Index for
431 All Urban Consumers, U.S. City Average, All Items. The
432 Department of Business and Professional Regulation shall
433 periodically calculate the fees, rounded to the nearest dollar,
434 and publish the amounts, as adjusted, on its website.
435 Section 4. This act shall take effect July 1, 2024.