Bill Text: FL S0278 | 2024 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Estoppel Certificates
Spectrum: Bipartisan Bill
Status: (Failed) 2024-03-08 - Died in returning Messages [S0278 Detail]
Download: Florida-2024-S0278-Introduced.html
Bill Title: Estoppel Certificates
Spectrum: Bipartisan Bill
Status: (Failed) 2024-03-08 - Died in returning Messages [S0278 Detail]
Download: Florida-2024-S0278-Introduced.html
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 estoppel41certificate:....427.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 estoppel92certificate from a unit owner or the unit owner’s designee, or a93unit mortgagee or the unit mortgagee’s designee, and fails to94deliver the estoppel certificate within 10 business days, a fee95may not be charged for the preparation and delivery of that96estoppel 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 103Notwithstanding any limitation on transfer fees contained in s.104718.112(2)(k), an association or its authorized agent may charge105a reasonable fee for the preparation and delivery of an estoppel106certificate, which may not exceed $250, if, on the date the107certificate is issued, no delinquent amounts are owed to the108association for the applicable unit. If an estoppel certificate109is requested on an expedited basis and delivered within 3110business days after the request, the association may charge an111additional fee of $100. If a delinquent amount is owed to the112association for the applicable unit, an additional fee for the113estoppel certificate may not exceed $150. 114(g) If estoppel certificates for multiple units owned by115the same owner are simultaneously requested from the same116association and there are no past due monetary obligations owed117to the association, the statement of moneys due for those units118may be delivered in one or more estoppel certificates, and, even119though the fee for each unit shall be computed as set forth in120paragraph (f), the total fee that the association may charge for121the preparation and delivery of the estoppel certificates may122not exceed, in the aggregate:1231. For 25 or fewer units, $750.1242. For 26 to 50 units, $1,000.1253. For 51 to 100 units, $1,500.1264. For more than 100 units, $2,500.127(h) The authority to charge a fee for the preparation and128delivery of the estoppel certificate must be established by a129written resolution adopted by the board or provided by a written130management, bookkeeping, or maintenance contract and is payable131upon the preparation of the certificate. If the certificate is132requested in conjunction with the sale or mortgage of a unit but133the closing does not occur and no later than 30 days after the134closing date for which the certificate was sought the preparer135receives a written request, accompanied by reasonable136documentation, that the sale did not occur from a payor that is137not the unit owner, the fee shall be refunded to that payor138within 30 days after receipt of the request. The refund is the139obligation of the unit owner, and the association may collect it140from that owner in the same manner as an assessment as provided141in this section. The right to reimbursement may not be waived or142modified by any contract or agreement. The prevailing party in143any action brought to enforce a right of reimbursement shall be144awarded damages and all applicable attorney fees and costs.145(i) The fees specified in this subsection shall be adjusted146every 5 years in an amount equal to the total of the annual147increases for that 5-year period in the Consumer Price Index for148All Urban Consumers, U.S. City Average, All Items. The149Department of Business and Professional Regulation shall150periodically calculate the fees, rounded to the nearest dollar,151and 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 estoppel183certificate:....1847.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 estoppel233certificate from a unit owner or the unit owner’s designee, or a234unit mortgagee or the unit mortgagee’s designee, and fails to235deliver the estoppel certificate within 10 business days, a fee236may not be charged for the preparation and delivery of that237estoppel 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 244Notwithstanding any limitation on transfer fees contained in s.245719.106(1)(i), an association or its authorized agent may charge246a reasonable fee for the preparation and delivery of an estoppel247certificate, which may not exceed $250 if, on the date the248certificate is issued, no delinquent amounts are owed to the249association for the applicable unit. If an estoppel certificate250is requested on an expedited basis and delivered within 3251business days after the request, the association may charge an252additional fee of $100. If a delinquent amount is owed to the253association for the applicable unit, an additional fee for the254estoppel certificate may not exceed $150. 255(g) If estoppel certificates for multiple units owned by256the same owner are simultaneously requested from the same257association and there are no past due monetary obligations owed258to the association, the statement of moneys due for those units259may be delivered in one or more estoppel certificates, and, even260though the fee for each unit shall be computed as set forth in261paragraph (f), the total fee that the association may charge for262the preparation and delivery of the estoppel certificates may263not exceed, in the aggregate:2641. For 25 or fewer units, $750.2652. For 26 to 50 units, $1,000.2663. For 51 to 100 units, $1,500.2674. For more than 100 units, $2,500.268(h) The authority to charge a fee for the preparation and269delivery of the estoppel certificate must be established by a270written resolution adopted by the board or provided by a written271management, bookkeeping, or maintenance contract and is payable272upon the preparation of the certificate. If the certificate is273requested in conjunction with the sale or mortgage of a parcel274but the closing does not occur and no later than 30 days after275the closing date for which the certificate was sought the276preparer receives a written request, accompanied by reasonable277documentation, that the sale did not occur from a payor that is278not the parcel owner, the fee shall be refunded to that payor279within 30 days after receipt of the request. The refund is the280obligation of the parcel owner, and the association may collect281it from that owner in the same manner as an assessment as282provided in this section. The right to reimbursement may not be283waived or modified by any contract or agreement. The prevailing284party in any action brought to enforce a right of reimbursement285shall be awarded damages and all applicable attorney fees and286costs.287(i) The fees specified in this subsection shall be adjusted288every 5 years in an amount equal to the total of the annual289increases for that 5-year period in the Consumer Price Index for290All Urban Consumers, U.S. City Average, All Items. The291Department of Business and Professional Regulation shall292periodically calculate the fees, rounded to the nearest dollar,293and 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 estoppel324certificate:....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)Ifan association receives a request for an estoppel375certificate from a parcel owner or the parcel owner’s designee,376or a parcel mortgagee or the parcel mortgagee’s designee, and377fails to deliver the estoppel certificate within 10 business378days, a fee may not be charged for the preparation and delivery379of 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 certificateor its386authorized agent may charge a reasonable fee for the preparation387and delivery of an estoppel certificate, which may not exceed388$250, if, on the date the certificate is issued, no delinquent389amounts are owed to the association for the applicable parcel.390If an estoppel certificate is requested on an expedited basis391and delivered within 3 business days after the request, the392association may charge an additional fee of $100. If a393delinquent amount is owed to the association for the applicable394parcel, an additional fee for the estoppel certificate may not395exceed $150. 396(7) If estoppel certificates for multiple parcels owned by397the same owner are simultaneously requested from the same398association and there are no past due monetary obligations owed399to the association, the statement of moneys due for those400parcels may be delivered in one or more estoppel certificates,401and, even though the fee for each parcel shall be computed as402set forth in subsection (6), the total fee that the association403may charge for the preparation and delivery of the estoppel404certificates 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 and410delivery of the estoppel certificate must be established by a411written resolution adopted by the board or provided by a written412management, bookkeeping, or maintenance contract and is payable413upon the preparation of the certificate. If the certificate is414requested in conjunction with the sale or mortgage of a parcel415but the closing does not occur and no later than 30 days after416the closing date for which the certificate was sought the417preparer receives a written request, accompanied by reasonable418documentation, that the sale did not occur from a payor that is419not the parcel owner, the fee shall be refunded to that payor420within 30 days after receipt of the request. The refund is the421obligation of the parcel owner, and the association may collect422it from that owner in the same manner as an assessment as423provided in this section. The right to reimbursement may not be424waived or modified by any contract or agreement. The prevailing425party in any action brought to enforce a right of reimbursement426shall be awarded damages and all applicable attorney fees and427costs.428(9) The fees specified in this section shall be adjusted429every 5 years in an amount equal to the total of the annual430increases for that 5-year period in the Consumer Price Index for431All Urban Consumers, U.S. City Average, All Items. The432Department of Business and Professional Regulation shall433periodically calculate the fees, rounded to the nearest dollar,434and publish the amounts, as adjusted, on its website.435 Section 4. This act shall take effect July 1, 2024.