Bill Text: FL S0722 | 2016 | Regular Session | Introduced
Bill Title: Residential Properties
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2016-03-11 - Died in Judiciary [S0722 Detail]
Download: Florida-2016-S0722-Introduced.html
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 business15days 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 assignstherefor from a unit owner or his or her designee, or a65unit mortgagee or his or her designee, the association shall66provide a certificate signed by an officer or agent of the67association stating all assessments and other moneys owed to the68association by the unit owner with respect to the condominium69parcel. 70(a) Any person other than the owner who relies upon such71certificate 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 attorneyattorney’sfees. 76 (e)1.(c)Notwithstanding any limitation on transfer fees 77 contained in s. 718.112(2)(i), the association or itsauthorized78 agent may charge areasonablefee, which may not exceed 79 reasonable costs to prepare and deliverfor the preparation of80 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 forThe amount of the fee must be included84onthe 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 mustshallbe established by a written resolution 97 adopted by the board or provided by a written management, 98 bookkeeping, or maintenance contractand is payable upon the99preparation of the certificate.If the certificate is requested100in conjunction with the sale or mortgage of a unit but the101closing does not occur and no later than 30 days after the102closing date for which the certificate was sought the preparer103receives a written request, accompanied by reasonable104documentation, that the sale did not occur from a payor that is105not the unit owner, the fee shall be refunded to that payor106within 30 days after receipt of the request. The refund is the107obligation of the unit owner, and the association may collect it108from that owner in the same manner as an assessment as provided109in 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 business15days 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 feesby a unit owner or mortgagee, the155association shall provide a certificate stating all assessments156and other moneys owed to the association by the unit owner with157respect to the cooperativeparcel. Anyperson other than the158unit owner who relies upon such certificate shall be protected159thereby. 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 areasonablefee, which may not exceed its 163 reasonable costs to prepare and deliverfor the preparation of164 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 business15days 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 assignsthe date on which a request for an estoppel certificate223is received from a parcel owner or mortgagee, or his or her224designee, the association shall provide a certificate signed by225an officer or authorized agent of the association stating all226assessments and other moneys owed to the association by the227parcel owner or mortgagee with respect to the parcel.An228association may charge a fee for the preparation of such229certificate, and the amount of such fee must be stated on the230certificate.231(1) Any person other than a parcel owner who relies upon a232certificate 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 236attorney’sfees. 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 mustshallbe established by a written resolution 255 adopted by the board or provided by a written management, 256 bookkeeping, or maintenance contractand is payable upon the257preparation of the certificate.If the certificate is requested258in conjunction with the sale or mortgage of a parcel but the259closing does not occur and no later than 30 days after the260closing date for which the certificate was sought the preparer261receives a written request, accompanied by reasonable262documentation, that the sale did not occur from a payor that is263not the parcel owner, the fee shall be refunded to that payor264within 30 days after receipt of the request. The refund is the265obligation of the parcel owner, and the association may collect266it from that owner in the same manner as an assessment as267provided in this section.268 Section 4. This act shall take effect July 1, 2016.