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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 s. 2
468.4334, F.S.; prohibiting agreements that indemnify 3
a community association manager or community 4
association management firm for errors or omissions 5
relating to the preparation or provision of an 6
estoppel certificate; amending s. 468.436, F.S.; 7
specifying certain acts relating to estoppel 8
certificates for which a community association manager 9
or community association management firm may be 10
disciplined; amending ss. 718.116, 719.108, and 11
720.30851, F.S.; revising the time period in which a 12
community association must provide an estoppel 13
certificate to a requestor; removing authorization for 14
a community association to charge an additional fee 15
for an estoppel certificate under certain 16
circumstances; requiri ng a community association to 17
annually establish the authority to charge a fee for 18
the preparation and delivery of an estoppel 19
certificate; prohibiting an association or a closing 20
agent from directly or indirectly charging fees that 21
are not authorized by l aw for an estoppel certificate; 22
specifying methods for paying the fee for the 23
preparation and delivery of an estoppel certificate 24
under certain circumstances; deleting provisions 25
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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
providing for the adjustment of fees for an estoppel 26
certificate based on cha nges in an inflation index; 27
providing an effective date. 28
29
Be It Enacted by the Legislature of the State of Florida: 30
31
Section 1. Paragraph (b) of subsection (2) of section 32
468.4334, Florida Statutes, is amended to read: 33
468.4334 Professional pract ice standards; liability. — 34
(2) 35
(b) Indemnification under paragraph (a) may not cover any 36
errors or omissions relating to the preparation or provision of 37
an estoppel certificate or any act or omission that violates a 38
criminal law; derives an improper per sonal benefit, either 39
directly or indirectly; is grossly negligent; or is reckless, is 40
in bad faith, is with malicious purpose, or is in a manner 41
exhibiting wanton and willful disregard of human rights, safety, 42
or property. 43
Section 2. Paragraph (b) of subsection (2) of section 44
468.436, Florida Statutes, is amended to read: 45
468.436 Disciplinary proceedings. — 46
(2) The following acts constitute grounds for which the 47
disciplinary actions in subsection (4) may be taken: 48
(b)1. Violation of any provision of this part. 49
2. Violation of any lawful order or rule rendered or 50
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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
adopted by the department or the council. 51
3. Being convicted of or pleading nolo contendere to a 52
felony in any court in the United States. 53
4. Obtaining a license or certification or a ny other 54
order, ruling, or authorization by means of fraud, 55
misrepresentation, or concealment of material facts. 56
5. Committing acts of gross misconduct or gross negligence 57
in connection with the profession. 58
6. Contracting, on behalf of an association, with any 59
entity in which the licensee has a financial interest that is 60
not disclosed. 61
7. Violating any provision of chapter 718, chapter 719, or 62
chapter 720 during the course of performing community 63
association management services pursuant to a contract with a 64
community association as defined in s. 468.431(1). 65
8.a. Charging or attempting to charge fees or charges for 66
an estoppel certificate, for which fees are not authorized or 67
are in excess of the amounts authorized under chapter 718, 68
chapter 719, or chapter 720. 69
b. Failing to timely provide an estoppel certificate or 70
providing an incomplete estoppel certificate. 71
Section 3. Subsection (8) of section 718.116, Florida 72
Statutes, is amended to read: 73
718.116 Assessments; liability; lien and priority; 74
interest; collection. — 75
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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
(8) Within 5 10 business days after receiving a written or 76
electronic request therefor from a unit owner or the unit 77
owner's designee, or a unit mortgagee or the unit mortgagee's 78
designee, the association shall issue the estoppel certificate. 79
Each association shall designate on its website a person or 80
entity with a street or e -mail address for receipt of a request 81
for an estoppel certificate issued pursuant to this section. The 82
estoppel certificate must be provided by hand delivery , regular 83
mail, or e-mail to the requestor on the date of issuance of the 84
estoppel certificate. 85
(a) An estoppel certificate may be completed by any board 86
member, authorized agent, or authorized representative of the 87
association, including any authorized agent, authorized 88
representative, or employee of a management company authorized 89
to complete this form on behalf of the board or association. The 90
estoppel certificate must contain all of the following 91
information and must be substantially in the following form: 92
1. Date of issuance:.... 93
2. Name(s) of the unit owner(s) as reflected in the books 94
and records of the association:.... 95
3. Unit designation and address:.... 96
4. Parking or garage space number, as reflected in the 97
books and records of the associ ation:.... 98
5. Attorney's name and contact information if the account 99
is delinquent and has been turned over to an attorney for 100
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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
collection. No fee may be charged for this information. 101
6. Fee for the preparation and delivery of the estoppel 102
certificate:.... 103
7. Name of the requestor:.... 104
8. Assessment information and other information: 105
ASSESSMENT INFORMATION: 106
a. The regular periodic assessment levied against the unit 107
is $.... per ...(insert frequency of payment).... 108
b. The regular periodic assessme nt is paid through 109
...(insert date paid through).... 110
c. The next installment of the regular periodic assessment 111
is due ...(insert due date)... in the amount of $..... 112
d. An itemized list of all assessments, special 113
assessments, and other moneys owed on the date of issuance to 114
the association by the unit owner for a specific unit is 115
provided. 116
e. An itemized list of any additional assessments, special 117
assessments, and other moneys that are scheduled to become due 118
for each day after the date of issuance for the effective period 119
of the estoppel certificate is provided. In calculating the 120
amounts that are scheduled to become due, the association may 121
assume that any delinquent amounts will remain delinquent during 122
the effective period of the estoppel certifi cate. 123
OTHER INFORMATION: 124
f. Is there a capital contribution fee, resale fee, 125
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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
transfer fee, or other fee due? ....(Yes) ....(No). If yes, 126
specify the type and the amount of the fee. 127
g. Is there any open violation of rule or regulation 128
noticed to the unit owner in the association official records? 129
....(Yes) ....(No). 130
h. Do the rules and regulations of the association 131
applicable to the unit require approval by the board of 132
directors of the association for the transfer of the unit? 133
....(Yes) ....(No). If yes, has the board approved the transfer 134
of the unit? ....(Yes) ....(No). 135
i. Is there a right of first refusal provided to the 136
members or the association? ....(Yes) ....(No). If yes, have 137
the members or the association exercised that right of first 138
refusal? ....(Yes) ....(No). 139
j. Provide a list of, and contact information for, all 140
other associations of which the unit is a member. 141
k. Provide contact information for all insurance 142
maintained by the association. 143
l. Provide the signature of an officer or authorized agent 144
of the association. 145
The association, at its option, may include additional 146
information in the estoppel certificate. 147
(b) An estoppel certificate that is hand delivered or sent 148
by electronic means has a 30 -day effective period. An estoppel 149
certificate that is sent by regular mail has a 35 -day effective 150
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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
period. If additional information or a mistake related to the 151
estoppel certificate becomes known to the association within the 152
effective period, an amended estoppel certificate may be 153
delivered and becomes effective if a sale or refinancing of the 154
unit has not been completed during the effective period. A fee 155
may not be charged for an amended estoppel certificate. An 156
amended estoppel certificate must be delivered on the date of 157
issuance, and a new 30-day or 35-day effective period begins on 158
such date. 159
(c) An association waives the right to collect any moneys 160
owed in excess of the amounts specified in the estoppel 161
certificate from any person who in good faith relies upon the 162
estoppel certificate and from the person's successors and 163
assigns. 164
(d) If an association receives a request for an estoppel 165
certificate from a unit owner or the unit owner's designee, or a 166
unit mortgagee or the unit mortgagee's designee, and fails to 167
deliver the estoppel certificate within 5 10 business days, a 168
fee may not be charged for the preparation and delivery of that 169
estoppel certificate. 170
(e) A summary proceeding pursuant to s. 51.011 may be 171
brought to compel compliance with this subsection, and in any 172
such action the prevailing party is entitled to recover 173
reasonable attorney fees. 174
(f) Notwithstanding any limitation on transfer fees 175
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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
contained in s. 718.112(2)(k), an association or its authorized 176
agent may charge a reasonable fee for the preparation an d 177
delivery of an estoppel certificate, which may not exceed $250, 178
if, on the date the certificate is issued, no delinquent amounts 179
are owed to the association for the applicable unit. If an 180
estoppel certificate is requested on an expedited basis and 181
delivered within 3 business days after the request, the 182
association may charge an additional fee of $100. If a 183
delinquent amount is owed to the association for the applicable 184
unit, an additional fee for the estoppel certificate may not 185
exceed $150. 186
(g) If estoppel certificates for multiple units owned by 187
the same owner are simultaneously requested from the same 188
association and there are no past due monetary obligations owed 189
to the association, the statement of moneys due for those units 190
may be delivered in one or more estoppel certificates, and, even 191
though the fee for each unit shall be computed as set forth in 192
paragraph (f), the total fee that the association may charge for 193
the preparation and delivery of the estoppel certificates may 194
not exceed, in the aggreg ate: 195
1. For 25 or fewer units, $750. 196
2. For 26 to 50 units, $1,000. 197
3. For 51 to 100 units, $1,500. 198
4. For more than 100 units, $2,500. 199
(h) The authority to charge a fee for the preparation and 200
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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 establi shed 201
annually by a written resolution adopted by the board or 202
provided by a written management, bookkeeping, or maintenance 203
contract. 204
(i) An association or a closing agent may not directly or 205
indirectly charge a fee for an estoppel certificate other than 206
those expressly authorized by this section. Unauthorized fees or 207
charges, whether described as a convenience fee, an archive fee, 208
a service fee, a processing fee, a delivery fee, a credit card 209
fee, a certification fee, a third -party fee, or any other fee or 210
charge, are void and may be ignored by the requestor of the 211
estoppel certificate. 212
(j) If an estoppel certificate is requested in conjunction 213
with the sale or refinancing of a unit, the fee for the 214
preparation and delivery of the estoppel certificate m ust be 215
paid to the association from the closing or settlement proceeds. 216
If the closing does not occur, the fee for the preparation and 217
delivery of the estoppel certificate is payable by the unit 218
owner upon the expiration of the 30 -day or 35-day effective 219
period of the estoppel certificate. The association may collect 220
the fee in the same manner as an assessment against the unit. 221
and is payable upon the preparation of the certificate. If the 222
certificate is requested in conjunction with the sale or 223
mortgage of a unit but the closing does not occur and no later 224
than 30 days after the closing date for which the certificate 225
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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
was sought the preparer receives a written request, accompanied 226
by reasonable documentation, that the sale did not occur from a 227
payor that is not the unit owner, the fee shall be refunded to 228
that payor within 30 days after receipt of the request. The 229
refund is the obligation of the unit owner, and the association 230
may collect it from that owner in the same manner as an 231
assessment as provided in t his section. The right to 232
reimbursement may not be waived or modified by any contract or 233
agreement. The prevailing party in any action brought to enforce 234
a right of reimbursement shall be awarded damages and all 235
applicable attorney fees and costs. 236
(i) The fees specified in this subsection shall be 237
adjusted every 5 years in an amount equal to the total of the 238
annual increases for that 5 -year period in the Consumer Price 239
Index for All Urban Consumers, U.S. City Average, All Items. The 240
Department of Business and Professional Regulation shall 241
periodically calculate the fees, rounded to the nearest dollar, 242
and publish the amounts, as adjusted, on its website. 243
Section 4. Subsection (6) of section 719.108, Florida 244
Statutes, is amended to read: 245
719.108 Rents and assessments; liability; lien and 246
priority; interest; collection; cooperative ownership. — 247
(6) Within 5 10 business days after receiving a written or 248
electronic request for an estoppel certificate from a unit owner 249
or the unit owner's designee, or a u nit mortgagee or the unit 250
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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
mortgagee's designee, the association shall issue the estoppel 251
certificate. Each association shall designate on its website a 252
person or entity with a street or e -mail address for receipt of 253
a request for an estoppel certificate is sued pursuant to this 254
section. The estoppel certificate must be provided by hand 255
delivery, regular mail, or e -mail to the requestor on the date 256
of issuance of the estoppel certificate. 257
(a) An estoppel certificate may be completed by any board 258
member, authorized agent, or authorized representative of the 259
association, including any authorized agent, authorized 260
representative, or employee of a management company authorized 261
to complete this form on behalf of the board or association. The 262
estoppel certificate must contain all of the following 263
information and must be substantially in the following form: 264
1. Date of issuance:.... 265
2. Name(s) of the unit owner(s) as reflected in the books 266
and records of the association:.... 267
3. Unit designation and address:.... 268
4. Parking or garage space number, as reflected in the 269
books and records of the association:.... 270
5. Attorney's name and contact information if the account 271
is delinquent and has been turned over to an attorney for 272
collection. No fee may be charged for this information. 273
6. Fee for the preparation and delivery of the estoppel 274
certificate:.... 275
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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
7. Name of the requestor:.... 276
8. Assessment information and other information: 277
ASSESSMENT INFORMATION: 278
a. The regular periodic assessment levied against the unit 279
is $.... per ...(insert frequency of payment).... 280
b. The regular periodic assessment is paid through 281
...(insert date paid through).... 282
c. The next installment of the regular periodic assessment 283
is due ...(insert due date)... in the amount of $.... . 284
d. An itemized list of all assessments, special 285
assessments, and other moneys owed by the unit owner on the date 286
of issuance to the association for a specific unit is provided. 287
e. An itemized list of any additional assessments, special 288
assessments, and other moneys that are scheduled to become due 289
for each day after the date of issuance for the effective period 290
of the estoppel certificate is provided. In calculating the 291
amounts that are scheduled to become due, the association may 292
assume that any deli nquent amounts will remain delinquent during 293
the effective period of the estoppel certificate. 294
OTHER INFORMATION: 295
f. Is there a capital contribution fee, resale fee, 296
transfer fee, or other fee due? ....(Yes) ....(No). If yes, 297
specify the type and amount of the fee. 298
g. Is there any open violation of rule or regulation 299
noticed to the unit owner in the association official records? 300
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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
....(Yes) ....(No). 301
h. Do the rules and regulations of the association 302
applicable to the unit require approval by the boar d of 303
directors of the association for the transfer of the unit? 304
....(Yes) ....(No). If yes, has the board approved the transfer 305
of the unit? ....(Yes) ....(No). 306
i. Is there a right of first refusal provided to the 307
members or the association? ....(Yes) ....(No). If yes, have 308
the members or the association exercised that right of first 309
refusal? ....(Yes) ....(No). 310
j. Provide a list of, and contact information for, all 311
other associations of which the unit is a member. 312
k. Provide contact information f or all insurance 313
maintained by the association. 314
l. Provide the signature of an officer or authorized agent 315
of the association. 316
317
The association, at its option, may include additional 318
information in the estoppel certificate. 319
(b) An estoppel certificate that is hand delivered or sent 320
by electronic means has a 30 -day effective period. An estoppel 321
certificate that is sent by regular mail has a 35 -day effective 322
period. If additional information or a mistake related to the 323
estoppel certificate becomes known t o the association within the 324
effective period, an amended estoppel certificate may be 325
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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
delivered and becomes effective if a sale or refinancing of the 326
unit has not been completed during the effective period. A fee 327
may not be charged for an amended estoppel certificate. An 328
amended estoppel certificate must be delivered on the date of 329
issuance, and a new 30 -day or 35-day effective period begins on 330
such date. 331
(c) An association waives the right to collect any moneys 332
owed in excess of the amounts specified in the estoppel 333
certificate from any person who in good faith relies upon the 334
estoppel certificate and from the person's successors and 335
assigns. 336
(d) If an association receives a request for an estoppel 337
certificate from a unit owner or the unit owner's desig nee, or a 338
unit mortgagee or the unit mortgagee's designee, and fails to 339
deliver the estoppel certificate within 5 10 business days, a 340
fee may not be charged for the preparation and delivery of that 341
estoppel certificate. 342
(e) A summary proceeding pursuant to s. 51.011 may be 343
brought to compel compliance with this subsection, and in any 344
such action the prevailing party is entitled to recover 345
reasonable attorney fees. 346
(f) Notwithstanding any limitation on transfer fees 347
contained in s. 719.106(1)(i), an asso ciation or its authorized 348
agent may charge a reasonable fee for the preparation and 349
delivery of an estoppel certificate, which may not exceed $250 350
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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
if, on the date the certificate is issued, no delinquent amounts 351
are owed to the association for the applicab le unit. If an 352
estoppel certificate is requested on an expedited basis and 353
delivered within 3 business days after the request, the 354
association may charge an additional fee of $100. If a 355
delinquent amount is owed to the association for the applicable 356
unit, an additional fee for the estoppel certificate may not 357
exceed $150. 358
(g) If estoppel certificates for multiple units owned by 359
the same owner are simultaneously requested from the same 360
association and there are no past due monetary obligations owed 361
to the association, the statement of moneys due for those units 362
may be delivered in one or more estoppel certificates, and, even 363
though the fee for each unit shall be computed as set forth in 364
paragraph (f), the total fee that the association may charge for 365
the preparation and delivery of the estoppel certificates may 366
not exceed, in the aggregate: 367
1. For 25 or fewer units, $750. 368
2. For 26 to 50 units, $1,000. 369
3. For 51 to 100 units, $1,500. 370
4. For more than 100 units, $2,500. 371
(h) The authority to charge a fee for the preparation and 372
delivery of the estoppel certificate must be established 373
annually by a written resolution adopted by the board or 374
provided by a written management, bookkeeping, or maintenance 375
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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
contract. 376
(i) An association or a closing agent m ay not directly or 377
indirectly charge a fee for an estoppel certificate other than 378
those expressly authorized by this section. Unauthorized fees or 379
charges, whether described as a convenience fee, an archive fee, 380
a service fee, a processing fee, a delivery fee, a credit card 381
fee, a certification fee, a third -party fee, or any other fee or 382
charge, are void and may be ignored by the requestor of the 383
estoppel certificate. 384
(j) If an estoppel certificate is requested in conjunction 385
with the sale or refinancing of a unit, the fee for the 386
preparation and delivery of the estoppel certificate must be 387
paid to the association from the closing or settlement proceeds. 388
If the closing does not occur, the fee for the preparation and 389
delivery of the estoppel certificate is payable by the unit 390
owner upon the expiration of the 30 -day or 35-day effective 391
period of the estoppel certificate. The association may collect 392
the fee in the same manner as an assessment against the unit. 393
and is payable upon the preparation of the certifi cate. If the 394
certificate is requested in conjunction with the sale or 395
mortgage of a parcel but the closing does not occur and no later 396
than 30 days after the closing date for which the certificate 397
was sought the preparer receives a written request, accompa nied 398
by reasonable documentation, that the sale did not occur from a 399
payor that is not the parcel owner, the fee shall be refunded to 400
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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
that payor within 30 days after receipt of the request. The 401
refund is the obligation of the parcel owner, and the 402
association may collect it from that owner in the same manner as 403
an assessment as provided in this section. The right to 404
reimbursement may not be waived or modified by any contract or 405
agreement. The prevailing party in any action brought to enforce 406
a right of reimbursement shall be awarded damages and all 407
applicable attorney fees and costs. 408
(i) The fees specified in this subsection shall be 409
adjusted every 5 years in an amount equal to the total of the 410
annual increases for that 5 -year period in the Consumer Price 411
Index for All Urban Consumers, U.S. City Average, All Items. The 412
Department of Business and Professional Regulation shall 413
periodically calculate the fees, rounded to the nearest dollar, 414
and publish the amounts, as adjusted, on its website. 415
Section 5. Section 720.30851, Florida Statutes, is amended 416
to read: 417
720.30851 Estoppel certificates. —Within 5 10 business days 418
after receiving a written or electronic request for an estoppel 419
certificate from a parcel owner or the parcel owner's designee, 420
or a parcel mortgagee or the parcel mortgagee's designee, the 421
association shall issue the estoppel certificate. Each 422
association shall designate on its website a person or entity 423
with a street or e-mail address for receipt of a request for an 424
estoppel certificate iss ued pursuant to this section. The 425
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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 must be provided by hand delivery, regular 426
mail, or e-mail to the requestor on the date of issuance of the 427
estoppel certificate. 428
(1) An estoppel certificate may be completed by any board 429
member, authorized agent, or authorized representative of the 430
association, including any authorized agent, authorized 431
representative, or employee of a management company authorized 432
to complete this form on behalf of the board or association. The 433
estoppel certificate m ust contain all of the following 434
information and must be substantially in the following form: 435
(a) Date of issuance:.... 436
(b) Name(s) of the parcel owner(s) as reflected in the 437
books and records of the association:.... 438
(c) Parcel designation and addres s:.... 439
(d) Parking or garage space number, as reflected in the 440
books and records of the association:.... 441
(e) Attorney's name and contact information if the account 442
is delinquent and has been turned over to an attorney for 443
collection. No fee may be char ged for this information. 444
(f) Fee for the preparation and delivery of the estoppel 445
certificate:.... 446
(g) Name of the requestor:.... 447
(h) Assessment information and other information: 448
ASSESSMENT INFORMATION: 449
1. The regular periodic assessment levied a gainst the 450
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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
parcel is $.... per ...(insert frequency of payment).... 451
2. The regular periodic assessment is paid through 452
...(insert date paid through).... 453
3. The next installment of the regular periodic assessment 454
is due ...(insert due date)... in the am ount of $..... 455
4. An itemized list of all assessments, special 456
assessments, and other moneys owed on the date of issuance to 457
the association by the parcel owner for a specific parcel is 458
provided. 459
5. An itemized list of any additional assessments, speci al 460
assessments, and other moneys that are scheduled to become due 461
for each day after the date of issuance for the effective period 462
of the estoppel certificate is provided. In calculating the 463
amounts that are scheduled to become due, the association may 464
assume that any delinquent amounts will remain delinquent during 465
the effective period of the estoppel certificate. 466
OTHER INFORMATION: 467
6. Is there a capital contribution fee, resale fee, 468
transfer fee, or other fee due? ....(Yes) ....(No). If yes, 469
specify the type and amount of the fee. 470
7. Is there any open violation of rule or regulation 471
noticed to the parcel owner in the association official records? 472
....(Yes) ....(No). 473
8. Do the rules and regulations of the association 474
applicable to the parcel require approval by the board of 475
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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
directors of the association for the transfer of the parcel? 476
....(Yes) ....(No). If yes, has the board approved the transfer 477
of the parcel? ....(Yes) ....(No). 478
9. Is there a right of first refusal provided to the 479
members or the association? ....(Yes) ....(No). If yes, have 480
the members or the association exercised that right of first 481
refusal? ....(Yes) ....(No). 482
10. Provide a list of, and contact information for, all 483
other associations of which the parcel is a member. 484
11. Provide contact information for all insurance 485
maintained by the association. 486
12. Provide the signature of an officer or authorized 487
agent of the association. 488
The association, at its option, may include additional 489
information in the estoppel certificate. 490
(2) An estoppel certificate that is hand delivered or sent 491
by electronic means has a 30 -day effective period. An estoppel 492
certificate that is sent by regular mail has a 35 -day effective 493
period. If additional information or a mistake related to the 494
estoppel certificate becomes known to the association within the 495
effective period, an amended estoppel certificate may be 496
delivered and becomes effective if a sale or refinancing of the 497
parcel has not been completed during the effective period. A fee 498
may not be charged for an amended estoppel certificate. An 499
amended estoppel certificate must be delivered on the date of 500
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issuance, and a new 30 -day or 35-day effective period begins on 501
such date. 502
(3) An association waives the right to collect any moneys 503
owed in excess of the amounts specified in the estoppel 504
certificate from any person who in good faith relies upon the 505
estoppel certificate and from the person's successors and 506
assigns. 507
(4) If an association receives a request for an estoppel 508
certificate from a parce l owner or the parcel owner's designee, 509
or a parcel mortgagee or the parcel mortgagee's designee, and 510
fails to deliver the estoppel certificate within 5 10 business 511
days, a fee may not be charged for the preparation and delivery 512
of that estoppel certificat e. 513
(5) A summary proceeding pursuant to s. 51.011 may be 514
brought to compel compliance with this section, and the 515
prevailing party is entitled to recover reasonable attorney 516
fees. 517
(6) An association or its authorized agent may charge a 518
reasonable fee for the preparation and delivery of an estoppel 519
certificate, which may not exceed $250, if, on the date the 520
certificate is issued, no delinquent amounts are owed to the 521
association for the applicable parcel. If an estoppel 522
certificate is requested on an expe dited basis and delivered 523
within 3 business days after the request, the association may 524
charge an additional fee of $100. If a delinquent amount is owed 525
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to the association for the applicable parcel, an additional fee 526
for the estoppel certificate may not ex ceed $150. 527
(7) If estoppel certificates for multiple parcels owned by 528
the same owner are simultaneously requested from the same 529
association and there are no past due monetary obligations owed 530
to the association, the statement of moneys due for those 531
parcels may be delivered in one or more estoppel certificates, 532
and, even though the fee for each parcel shall be computed as 533
set forth in subsection (6), the total fee that the association 534
may charge for the preparation and delivery of the estoppel 535
certificates may not exceed, in the aggregate: 536
(a) For 25 or fewer parcels, $750. 537
(b) For 26 to 50 parcels, $1,000. 538
(c) For 51 to 100 parcels, $1,500. 539
(d) For more than 100 parcels, $2,500. 540
(8) The authority to charge a fee for the preparation and 541
delivery of the estoppel certificate must be established 542
annually by a written resolution adopted by the board or 543
provided by a written management, bookkeeping, or maintenance 544
contract. 545
(9) An association or a closing agent may not directly or 546
indirectly charge a fee for an estoppel certificate other than 547
those expressly authorized by this section. Unauthorized fees or 548
charges, whether described as a convenience fee, an archive fee, 549
a service fee, a processing fee, a delivery fee, a credit card 550
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fee, a certification fee, a third-party fee, or any other fee or 551
charge, are void and may be ignored by the requestor of the 552
estoppel certificate. 553
(10) If an estoppel certificate is requested in 554
conjunction with the sale or refinancing of a parcel, the fee 555
for the preparation and delivery of the estoppel certificate 556
must be paid to the association from the closing or settlement 557
proceeds. If the closing does not occur, the fee for the 558
preparation and delivery of the estoppel certificate is payable 559
by the unit owner upon the expiration of the 30 -day or 35-day 560
effective period of the estoppel certificate. The association 561
may collect the fee in the same manner as an assessment against 562
the parcel. and is payable upon the preparation of the 563
certificate. If the certificate is reque sted in conjunction with 564
the sale or mortgage of a parcel but the closing does not occur 565
and no later than 30 days after the closing date for which the 566
certificate was sought the preparer receives a written request, 567
accompanied by reasonable documentation, that the sale did not 568
occur from a payor that is not the parcel owner, the fee shall 569
be refunded to that payor within 30 days after receipt of the 570
request. The refund is the obligation of the parcel owner, and 571
the association may collect it from that owne r in the same 572
manner as an assessment as provided in this section. The right 573
to reimbursement may not be waived or modified by any contract 574
or agreement. The prevailing party in any action brought to 575
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enforce a right of reimbursement shall be awarded damage s and 576
all applicable attorney fees and costs. 577
(9) The fees specified in this section shall be adjusted 578
every 5 years in an amount equal to the total of the annual 579
increases for that 5 -year period in the Consumer Price Index for 580
All Urban Consumers, U.S. City Average, All Items. The 581
Department of Business and Professional Regulation shall 582
periodically calculate the fees, rounded to the nearest dollar, 583
and publish the amounts, as adjusted, on its website. 584
Section 6. This act shall take effect July 1, 2024. 585