HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 1 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S A bill to be entitled 1 An act relating to estoppel certificates; amending ss. 2 718.116, 719.108, and 720.30851, F.S.; prohibiting 3 community associations from charging a fee for the 4 preparation and delivery of estoppel certificates; 5 conforming provisions to changes made by the act; 6 amending s. 689.28, F.S.; conforming a provision to 7 changes made by the act; providing an effective date. 8 9 Be It Enacted by the Legislature of the Stat e of Florida: 10 11 Section 1. Paragraphs (a) and (d) through (i) of 12 subsection (8) of section 718.116, Florida Statutes, are amended 13 to read: 14 718.116 Assessments; liability; lien and priority; 15 interest; collection. — 16 (8) Within 10 business days after re ceiving a written or 17 electronic request therefor from a unit owner or the unit 18 owner's designee, or a unit mortgagee or the unit mortgagee's 19 designee, the association shall issue the estoppel certificate. 20 Each association shall designate on its website a p erson or 21 entity with a street or e -mail address for receipt of a request 22 for an estoppel certificate issued pursuant to this section. The 23 estoppel certificate must be provided by hand delivery, regular 24 mail, or e-mail to the requestor on the date of issuan ce of the 25 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 2 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S estoppel certificate. 26 (a) An estoppel certificate may be completed by any board 27 member, authorized agent, or authorized representative of the 28 association, including any authorized agent, authorized 29 representative, or employee of a management co mpany authorized 30 to complete this form on behalf of the board or association. The 31 estoppel certificate must contain all of the following 32 information and must be substantially in the following form: 33 1. Date of issuance:.... 34 2. Name(s) of the unit owner( s) as reflected in the books 35 and records of the association:.... 36 3. Unit designation and address:.... 37 4. Parking or garage space number, as reflected in the 38 books and records of the association:.... 39 5. Attorney's name and contact information if the a ccount 40 is delinquent and has been turned over to an attorney for 41 collection. No fee may be charged for this information. 42 6. Fee for the preparation and delivery of the estoppel 43 certificate:.... 44 6.7. Name of the requestor:.... 45 7.8. Assessment information and other information: 46 ASSESSMENT INFORMATION: 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 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 3 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S ...(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 pr ovided. 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 OTHER INFORMATION: 65 f. Is there a capital contribut ion fee, resale fee, 66 transfer fee, or other fee due? ....(Yes) ....(No). If yes, 67 specify the type and the amount of the fee. 68 g. Is there any open violation of rule or regulation 69 noticed to the unit owner in the association official records? 70 ....(Yes) ....(No). 71 h. Do the rules and regulations of the association 72 applicable to the unit require approval by the board of 73 directors of the association for the transfer of the unit? 74 ....(Yes) ....(No). If yes, has the board approved the transfer 75 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 4 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S of the unit? ....(Yes) ....(No). 76 i. Is there a right of first refusal provided to the 77 members or the association? ....(Yes) ....(No). If yes, have 78 the members or the association exercised that right of first 79 refusal? ....(Yes) ....(No). 80 j. Provide a list of, and contact information for, all 81 other associations of which the unit is a member. 82 k. Provide contact information for all insurance 83 maintained by the association. 84 l. Provide the signature of an officer or authorized agent 85 of the association. 86 The association, at its option, may include additional 87 information in the estoppel certificate. 88 (d) If an association receives a request for an estoppel 89 certificate from a unit owner or the unit owner's designee, or a 90 unit mortgagee or the unit mortgagee's designee, a nd fails to 91 deliver the estoppel certificate within 10 business days, a fee 92 may not be charged for the preparation and delivery of that 93 estoppel certificate. 94 (d)(e) A summary proceeding pursuant to s. 51.011 may be 95 brought to compel compliance with this subsection, and in any 96 such action the prevailing party is entitled to recover 97 reasonable attorney fees. 98 (e)(f) An association may not charge a fee for the 99 preparation and delivery of an estoppel certificate 100 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 5 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S Notwithstanding any limitation on transfer fee s contained in s. 101 718.112(2)(k), an association or its authorized agent may charge 102 a reasonable fee for the preparation and delivery of an estoppel 103 certificate, which may not exceed $250, if, on the date the 104 certificate is issued, no delinquent amounts are owed to the 105 association for the applicable unit. If an estoppel certificate 106 is requested on an expedited basis and delivered within 3 107 business days after the request, the association may charge an 108 additional fee of $100. If a delinquent amount is owed to the 109 association for the applicable unit, an additional fee for the 110 estoppel certificate may not exceed $150 . 111 (g) If estoppel certificates for multiple units owned by 112 the same owner are simultaneously requested from the same 113 association and there are no p ast due monetary obligations owed 114 to the association, the statement of moneys due for those units 115 may be delivered in one or more estoppel certificates, and, even 116 though the fee for each unit shall be computed as set forth in 117 paragraph (f), the total fee t hat the association may charge for 118 the preparation and delivery of the estoppel certificates may 119 not exceed, in the aggregate: 120 1. For 25 or fewer units, $750. 121 2. For 26 to 50 units, $1,000. 122 3. For 51 to 100 units, $1,500. 123 4. For more than 100 units , $2,500. 124 (h) The authority to charge a fee for the preparation and 125 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 6 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S delivery of the estoppel certificate must be established by a 126 written resolution adopted by the board or provided by a written 127 management, bookkeeping, or maintenance contract and is pay able 128 upon the preparation of the certificate. If the certificate is 129 requested in conjunction with the sale or mortgage of a unit but 130 the closing does not occur and no later than 30 days after the 131 closing date for which the certificate was sought the prepar er 132 receives a written request, accompanied by reasonable 133 documentation, that the sale did not occur from a payor that is 134 not the unit owner, the fee shall be refunded to that payor 135 within 30 days after receipt of the request. The refund is the 136 obligation of the unit owner, and the association may collect it 137 from that owner in the same manner as an assessment as provided 138 in this section. The right to reimbursement may not be waived or 139 modified by any contract or agreement. The prevailing party in 140 any action brought to enforce a right of reimbursement shall be 141 awarded damages and all applicable attorney fees and costs. 142 (i) The fees specified in this subsection shall be 143 adjusted every 5 years in an amount equal to the total of the 144 annual increases for that 5 -year period in the Consumer Price 145 Index for All Urban Consumers, U.S. City Average, All Items. The 146 Department of Business and Professional Regulation shall 147 periodically calculate the fees, rounded to the nearest dollar, 148 and publish the amounts, as adjusted , on its website. 149 Section 2. Paragraphs (a) and (d) through (i) of 150 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 7 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S subsection (6) of section 719.108, Florida Statutes, are amended 151 to read: 152 719.108 Rents and assessments; liability; lien and 153 priority; interest; collection; cooperative ownership. — 154 (6) Within 10 business days after receiving a written or 155 electronic request for an estoppel certificate from a unit owner 156 or the unit owner's designee, or a unit mortgagee or the unit 157 mortgagee's designee, the association shall issue the estoppel 158 certificate. Each association shall designate on its website a 159 person or entity with a street or e -mail address for receipt of 160 a request for an estoppel certificate issued pursuant to this 161 section. The estoppel certificate must be provided by hand 162 delivery, regular mail, or e-mail to the requestor on the date 163 of issuance of the estoppel certificate. 164 (a) An estoppel certificate may be completed by any board 165 member, authorized agent, or authorized representative of the 166 association, including any authorized agent, au thorized 167 representative, or employee of a management company authorized 168 to complete this form on behalf of the board or association. The 169 estoppel certificate must contain all of the following 170 information and must be substantially in the following form: 171 1. Date of issuance:.... 172 2. Name(s) of the unit owner(s) as reflected in the books 173 and records of the association:.... 174 3. Unit designation and address:.... 175 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 8 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 4. Parking or garage space number, as reflected in the 176 books and records of the association:... . 177 5. Attorney's name and contact information if the account 178 is delinquent and has been turned over to an attorney for 179 collection. No fee may be charged for this information. 180 6. Fee for the preparation and delivery of the estoppel 181 certificate:.... 182 6.7. Name of the requestor:.... 183 7.8. Assessment information and other information: 184 ASSESSMENT INFORMATION: 185 a. The regular periodic assessment levied against the unit 186 is $.... per ...(insert frequency of payment).... 187 b. The regular periodic assessment is paid through 188 ...(insert date paid through).... 189 c. The next installment of the regular periodic assessment 190 is due ...(insert due date)... in the amount of $..... 191 d. An itemized list of all assessments, special 192 assessments, and other moneys owed by the unit owner on the date 193 of issuance to the association for a specific unit is provided. 194 e. An itemized list of any additional assessments, special 195 assessments, and other moneys that are scheduled to become due 196 for each day after the date of issuance for t he effective period 197 of the estoppel certificate is provided. In calculating the 198 amounts that are scheduled to become due, the association may 199 assume that any delinquent amounts will remain delinquent during 200 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 9 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S the effective period of the estoppel certificate. 201 OTHER INFORMATION: 202 f. Is there a capital contribution fee, resale fee, 203 transfer fee, or other fee due? ....(Yes) ....(No). If yes, 204 specify the type and amount of the fee. 205 g. Is there any open violation of rule or regulation 206 noticed to the unit owner in the association official records? 207 ....(Yes) ....(No). 208 h. Do the rules and regulations of the association 209 applicable to the unit require approval by the board of 210 directors of the association for the transfer of the unit? 211 ....(Yes) ....(No). If yes, h as the board approved the transfer 212 of the unit? ....(Yes) ....(No). 213 i. Is there a right of first refusal provided to the 214 members or the association? ....(Yes) ....(No). If yes, have 215 the members or the association exercised that right of first 216 refusal? ....(Yes) ....(No). 217 j. Provide a list of, and contact information for, all 218 other associations of which the unit is a member. 219 k. Provide contact information for all insurance 220 maintained by the association. 221 l. Provide the signature of an officer or au thorized agent 222 of the association. 223 The association, at its option, may include additional 224 information in the estoppel certificate. 225 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 10 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (d) If an association receives a request for an estoppel 226 certificate from a unit owner or the unit owner's designee, or a 227 unit mortgagee or the unit mortgagee's designee, and fails to 228 deliver the estoppel certificate within 10 business days, a fee 229 may not be charged for the preparation and delivery of that 230 estoppel certificate. 231 (d)(e) A summary proceeding pursuant to s. 51.0 11 may be 232 brought to compel compliance with this subsection, and in any 233 such action the prevailing party is entitled to recover 234 reasonable attorney fees. 235 (e)(f) An association may not charge a fee for the 236 preparation and delivery of an estoppel certifica te 237 Notwithstanding any limitation on transfer fees contained in s. 238 719.106(1)(i), an association or its authorized agent may charge 239 a reasonable fee for the preparation and delivery of an estoppel 240 certificate, which may not exceed $250 if, on the date the 241 certificate is issued, no delinquent amounts are owed to the 242 association for the applicable unit. If an estoppel certificate 243 is requested on an expedited basis and delivered within 3 244 business days after the request, the association may charge an 245 additional fee of $100. If a delinquent amount is owed to the 246 association for the applicable unit, an additional fee for the 247 estoppel certificate may not exceed $150 . 248 (g) If estoppel certificates for multiple units owned by 249 the same owner are simultaneously reques ted from the same 250 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 11 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S association and there are no past due monetary obligations owed 251 to the association, the statement of moneys due for those units 252 may be delivered in one or more estoppel certificates, and, even 253 though the fee for each unit shall be compute d as set forth in 254 paragraph (f), the total fee that the association may charge for 255 the preparation and delivery of the estoppel certificates may 256 not exceed, in the aggregate: 257 1. For 25 or fewer units, $750. 258 2. For 26 to 50 units, $1,000. 259 3. For 51 to 100 units, $1,500. 260 4. For more than 100 units, $2,500. 261 (h) The authority to charge a fee for the preparation and 262 delivery of the estoppel certificate must be established by a 263 written resolution adopted by the board or provided by a written 264 management, bookkeeping, or maintenance contract and is payable 265 upon the preparation of the certificate. If the certificate is 266 requested in conjunction with the sale or mortgage of a parcel 267 but the closing does not occur and no later than 30 days after 268 the closing date for which the certificate was sought the 269 preparer receives a written request, accompanied by reasonable 270 documentation, that the sale did not occur from a payor that is 271 not the parcel owner, the fee shall be refunded to that payor 272 within 30 days after re ceipt of the request. The refund is the 273 obligation of the parcel owner, and the association may collect 274 it from that owner in the same manner as an assessment as 275 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 12 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S provided in this section. The right to reimbursement may not be 276 waived or modified by any cont ract or agreement. The prevailing 277 party in any action brought to enforce a right of reimbursement 278 shall be awarded damages and all applicable attorney fees and 279 costs. 280 (i) The fees specified in this subsection shall be 281 adjusted every 5 years in an amount equal to the total of the 282 annual increases for that 5 -year period in the Consumer Price 283 Index for All Urban Consumers, U.S. City Average, All Items. The 284 Department of Business and Professional Regulation shall 285 periodically calculate the fees, rounded to th e nearest dollar, 286 and publish the amounts, as adjusted, on its website. 287 Section 3. Subsections (1) and (4) through (9) of section 288 720.30851, Florida Statutes, are amended to read: 289 720.30851 Estoppel certificates. —Within 10 business days 290 after receiving a written or electronic request for an estoppel 291 certificate from a parcel owner or the parcel owner's designee, 292 or a parcel mortgagee or the parcel mortgagee's designee, the 293 association shall issue the estoppel certificate. Each 294 association shall design ate on its website a person or entity 295 with a street or e-mail address for receipt of a request for an 296 estoppel certificate issued pursuant to this section. The 297 estoppel certificate must be provided by hand delivery, regular 298 mail, or e-mail to the requestor on the date of issuance of the 299 estoppel certificate. 300 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 13 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S (1) An estoppel certificate may be completed by any board 301 member, authorized agent, or authorized representative of the 302 association, including any authorized agent, authorized 303 representative, or emplo yee of a management company authorized 304 to complete this form on behalf of the board or association. The 305 estoppel certificate must contain all of the following 306 information and must be substantially in the following form: 307 (a) Date of issuance:.... 308 (b) Name(s) of the parcel owner(s) as reflected in the 309 books and records of the association:.... 310 (c) Parcel designation and address:.... 311 (d) Parking or garage space number, as reflected in the 312 books and records of the association:.... 313 (e) Attorney's name a nd contact information if the account 314 is delinquent and has been turned over to an attorney for 315 collection. No fee may be charged for this information. 316 (f) Fee for the preparation and delivery of the estoppel 317 certificate:.... 318 (f)(g) Name of the requestor:.... 319 (g)(h) Assessment information and other information: 320 ASSESSMENT INFORMATION: 321 1. The regular periodic assessment levied against the 322 parcel is $.... per ...(insert frequency of payment).... 323 2. The regular periodic assessment is paid through 324 ...(insert date paid through).... 325 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 14 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 3. The next installment of the regular periodic assessment 326 is due ...(insert due date)... in the amount of $..... 327 4. An itemized list of all assessments, special 328 assessments, and other moneys owed on the date of issuance to 329 the association by the parcel owner for a specific parcel is 330 provided. 331 5. An itemized list of any additional assessments, special 332 assessments, and other moneys that are scheduled to become due 333 for each day after the date of issuance for the effective period 334 of the estoppel certificate is provided. In calculating the 335 amounts that are scheduled to become due, the association may 336 assume that any delinquent amounts will remain delinquent during 337 the effective period of the estoppel certificate. 338 OTHER INFORMATION: 339 6. Is there a capital contribution fee, resale fee, 340 transfer fee, or other fee due? ....(Yes) ....(No). If yes, 341 specify the type and amount of the fee. 342 7. Is there any open violation of rule or regulation 343 noticed to the parcel owner in the asso ciation official records? 344 ....(Yes) ....(No). 345 8. Do the rules and regulations of the association 346 applicable to the parcel require approval by the board of 347 directors of the association for the transfer of the parcel? 348 ....(Yes) ....(No). If yes, has the board approved the transfer 349 of the parcel? ....(Yes) ....(No). 350 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 15 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 9. Is there a right of first refusal provided to the 351 members or the association? ....(Yes) ....(No). If yes, have 352 the members or the association exercised that right of first 353 refusal? ....(Yes) ....(No). 354 10. Provide a list of, and contact information for, all 355 other associations of which the parcel is a member. 356 11. Provide contact information for all insurance 357 maintained by the association. 358 12. Provide the signature of an officer or authorized 359 agent of the association. 360 The association, at its option, may include additional 361 information in the estoppel certificate. 362 (4) If an association receives a request for an estoppel 363 certificate from a parcel owner or the parcel owner's designee, 364 or a parcel mortgagee or the parcel mortgagee's designee, and 365 fails to deliver the estoppel certificate within 10 business 366 days, a fee may not be charged for the preparation and delivery 367 of that estoppel certificate. 368 (4)(5) A summary proceeding pursuant to s. 51.011 may be 369 brought to compel compliance with this section, and the 370 prevailing party is entitled to recover reasonable attorney 371 fees. 372 (5)(6) An association may not charge a fee for the 373 preparation and delivery of an estoppel certificate or its 374 authorized agent may charge a reasonable fee for the preparation 375 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 16 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S and delivery of an estoppel certificate, which may not exceed 376 $250, if, on the date the certificate is issued, no delinquent 377 amounts are owed to the association for the applicable parcel. 378 If an estoppel certificate is requested on an expedited basis 379 and delivered within 3 business days after the request, the 380 association may charge an additional fee of $100. If a 381 delinquent amount is owed to the association for the applicable 382 parcel, an additiona l fee for the estoppel certificate may not 383 exceed $150. 384 (7) If estoppel certificates for multiple parcels owned by 385 the same owner are simultaneously requested from the same 386 association and there are no past due monetary obligations owed 387 to the association, the statement of moneys due for those 388 parcels may be delivered in one or more estoppel certificates, 389 and, even though the fee for each parcel shall be computed as 390 set forth in subsection (6), the total fee that the association 391 may charge for the prepara tion and delivery of the estoppel 392 certificates may not exceed, in the aggregate: 393 (a) For 25 or fewer parcels, $750. 394 (b) For 26 to 50 parcels, $1,000. 395 (c) For 51 to 100 parcels, $1,500. 396 (d) For more than 100 parcels, $2,500. 397 (8) The authority to c harge a fee for the preparation and 398 delivery of the estoppel certificate must be established by a 399 written resolution adopted by the board or provided by a written 400 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 17 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S management, bookkeeping, or maintenance contract and is payable 401 upon the preparation of the c ertificate. If the certificate is 402 requested in conjunction with the sale or mortgage of a parcel 403 but the closing does not occur and no later than 30 days after 404 the closing date for which the certificate was sought the 405 preparer receives a written request, a ccompanied by reasonable 406 documentation, that the sale did not occur from a payor that is 407 not the parcel owner, the fee shall be refunded to that payor 408 within 30 days after receipt of the request. The refund is the 409 obligation of the parcel owner, and the as sociation may collect 410 it from that owner in the same manner as an assessment as 411 provided in this section. The right to reimbursement may not be 412 waived or modified by any contract or agreement. The prevailing 413 party in any action brought to enforce a right o f reimbursement 414 shall be awarded damages and all applicable attorney fees and 415 costs. 416 (9) The fees specified in this section shall be adjusted 417 every 5 years in an amount equal to the total of the annual 418 increases for that 5 -year period in the Consumer Pri ce Index for 419 All Urban Consumers, U.S. City Average, All Items. The 420 Department of Business and Professional Regulation shall 421 periodically calculate the fees, rounded to the nearest dollar, 422 and publish the amounts, as adjusted, on its website. 423 Section 4. Paragraph (c) of subsection (2) of section 424 689.28, Florida Statutes, is amended to read: 425 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 18 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S 689.28 Prohibition against transfer fee covenants. — 426 (2) DEFINITIONS.—As used in this section, the term: 427 (c) "Transfer fee" means a fee or charge required by a 428 transfer fee covenant and payable upon the transfer of an 429 interest in real property, or payable for the right to make or 430 accept such transfer, regardless of whether the fee or charge is 431 a fixed amount or is determined as a percentage of the value of 432 the property, the purchase price, or other consideration given 433 for the transfer. The following are not transfer fees for 434 purposes of this section: 435 1. Any consideration payable by the grantee to the grantor 436 for the interest in real property being transferred, i ncluding 437 any subsequent additional consideration for the property payable 438 by the grantee based upon any subsequent appreciation, 439 development, or sale of the property. For the purposes of this 440 subparagraph, an interest in real property may include a 441 separate mineral estate and its appurtenant surface access 442 rights. 443 2. Any commission payable to a licensed real estate broker 444 for the transfer of real property pursuant to an agreement 445 between the broker and the grantor or the grantee, including any 446 subsequent additional commission for that transfer payable by 447 the grantor or the grantee based upon any subsequent 448 appreciation, development, or sale of the property. 449 3. Any interest, charges, fees, or other amounts payable 450 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 19 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S by a borrower to a lender pursuant to a l oan secured by a 451 mortgage against real property, including, but not limited to, 452 any fee payable to the lender for consenting to an assumption of 453 the loan or a transfer of the real property subject to the 454 mortgage, any fees or charges payable to the lender for estoppel 455 letters or certificates, and any shared appreciation interest or 456 profit participation or other consideration described in s. 457 687.03(4) and payable to the lender in connection with the loan. 458 4. Any rent, reimbursement, charge, fee, or other a mount 459 payable by a lessee to a lessor under a lease, including, but 460 not limited to, any fee payable to the lessor for consenting to 461 an assignment, subletting, encumbrance, or transfer of the 462 lease. 463 5. Any consideration payable to the holder of an option to 464 purchase an interest in real property or the holder of a right 465 of first refusal or first offer to purchase an interest in real 466 property for waiving, releasing, or not exercising the option or 467 right upon the transfer of the property to another person. 468 6. Any tax, fee, charge, assessment, fine, or other amount 469 payable to or imposed by a governmental authority. 470 7. Any fee, charge, assessment, fine, or other amount 471 payable to a homeowners', condominium, cooperative, mobile home, 472 or property owners' assoc iation pursuant to a declaration or 473 covenant or law applicable to such association , including, but 474 not limited to, fees or charges payable for estoppel letters or 475 HB 979 2024 CODING: Words stricken are deletions; words underlined are additions. hb0979-00 Page 20 of 20 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S certificates issued by the association or its authorized agent . 476 8. Any fee, charge, assessm ent, dues, contribution, or 477 other amount imposed by a declaration or covenant encumbering 478 four or more parcels in a community, as defined in s. 720.301, 479 and payable to a nonprofit or charitable organization for the 480 purpose of supporting cultural, education al, charitable, 481 recreational, environmental, conservation, or other similar 482 activities benefiting the community that is subject to the 483 declaration or covenant. 484 9. Any fee, charge, assessment, dues, contribution, or 485 other amount pertaining to the purchase or transfer of a club 486 membership relating to real property owned by the member, 487 including, but not limited to, any amount determined by 488 reference to the value, purchase price, or other consideration 489 given for the transfer of the real property. 490 10. Any payment required pursuant to an environmental 491 covenant. 492 Section 5. This act shall take effect July 1, 2024. 493