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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
468.436, F.S.; making a technical change; amending ss. 3
718.116, 719.108, and 720.30851, F.S.; requiring a 4
community association to annually establish the 5
authority to charge a fee for the preparation and 6
delivery of an estoppel certificate; prohibiting an 7
association from directly or indirectly charging fees 8
that are not authorized by law for an estoppel 9
certificate; specifying methods for paying the fee for 10
the preparation and delivery of an estoppel 11
certificate under certain circumstances; providing an 12
effective date. 13
14
Be It Enacted by the Legislature of the State of Florida: 15
16
Section 1. Paragraph (b) of subsection (2) of section 17
468.436, Florida Statutes, is amended to read: 18
468.436 Disciplinary proceedings. — 19
(2) The following acts constitute grounds for which the 20
disciplinary actions in subsection (4) may be taken: 21
(b)1. Violation of any provision of this part. 22
2. Violation of any lawful order or rule rendered or 23
adopted by the department or the council. 24
3. Being convicted of or pleading nolo contendere to a 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
felony in any court in the United States. 26
4. Obtaining a license or certification or any other 27
order, ruling, or authorization by means of fraud, 28
misrepresentation, or concealment of material facts. 29
5. Committing acts of gross misconduct or gross negligence 30
in connection with the profession. 31
6. Contracting, on behalf of an associati on, with any 32
entity in which the licensee has a financial interest that is 33
not disclosed. 34
7. Violating any provision of chapter 718, chapter 719, or 35
chapter 720 during the course of performing community 36
association management services pursuant to a contr act with a 37
community association as defined in s. 468.431(1). 38
Section 2. Paragraph (i) of subsection (8) of section 39
718.116, Florida Statutes, is redesignated as paragraph (k), 40
paragraph (h) is amended, and new paragraphs (i) and (j) are 41
added to that subsection, to read: 42
718.116 Assessments; liability; lien and priority; 43
interest; collection. — 44
(8) Within 10 business days after receiving a written or 45
electronic request therefor from a unit owner or the unit 46
owner's designee, or a unit mortgagee or the unit mortgagee's 47
designee, the association shall issue the estoppel certificate. 48
Each association shall designate on its website a person or 49
entity with a street or e -mail address for receipt of a request 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
for an estoppel certificate issued pursuant to this section. The 51
estoppel certificate must be provided by hand delivery, regular 52
mail, or e-mail to the requestor on the date of issuance of the 53
estoppel certificate. 54
(h) The authority to charge a fee for the preparation and 55
delivery of the estoppel certificate must be established 56
annually by a written resolution adopted by the board or 57
provided by a written management, bookkeeping, or maintenance 58
contract. 59
(i) An association may not directly or indirectly charge 60
any fee for an estoppel certificate other than those expressly 61
authorized by this section. Unauthorized fees or charges, 62
whether described as a convenience fee, an archive fee, a 63
service fee, a processing fee, a delivery fee, a credit card 64
fee, a certification fee, a third -party fee, or any other fee or 65
charge, are void and may be ignored by the requestor of the 66
certificate. 67
(j) If an estoppel certificate is requested in conjunction 68
with the sale or refinancing of a unit, the fee for the 69
preparation and delivery of the estoppel certificate must be 70
paid to the association from the closing or settlement proceeds. 71
If the closing does not occur , the fee for the preparation and 72
delivery of the estoppel certificate is payable by the unit 73
owner upon the expiration of the 30 -day or 35-day effective 74
period of the certificate. The association may collect the fee 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
in the same manner as an assessment aga inst the unit and is 76
payable upon the preparation of the certificate. If the 77
certificate is requested in conjunction with the sale or 78
mortgage of a unit but the closing does not occur and no later 79
than 30 days after the closing date for which the certifica te 80
was sought the preparer receives a written request, accompanied 81
by reasonable documentation, that the sale did not occur from a 82
payor that is not the unit owner, the fee shall be refunded to 83
that payor within 30 days after receipt of the request. The 84
refund is the obligation of the unit owner, and the association 85
may collect it from that owner in the same manner as an 86
assessment as provided in this section. The right to 87
reimbursement may not be waived or modified by any contract or 88
agreement. The prevail ing party in any action brought to enforce 89
a right of reimbursement shall be awarded damages and all 90
applicable attorney fees and costs . 91
Section 3. Paragraph (i) of subsection (6) of section 92
719.108, Florida Statutes, is redesignated as paragraph (k), 93
paragraph (h) is amended, and new paragraphs (i) and (j) are 94
added to that subsection, to read: 95
719.108 Rents and assessments; liability; lien and 96
priority; interest; collection; cooperative ownership. — 97
(6) Within 10 business days after receiving a wri tten or 98
electronic request for an estoppel certificate from a unit owner 99
or the unit owner's designee, or a unit mortgagee or the unit 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
mortgagee's designee, the association shall issue the estoppel 101
certificate. Each association shall designate on its websi te a 102
person or entity with a street or e -mail address for receipt of 103
a request for an estoppel certificate issued pursuant to this 104
section. The estoppel certificate must be provided by hand 105
delivery, regular mail, or e -mail to the requestor on the date 106
of issuance of the estoppel certificate. 107
(h) The authority to charge a fee for the preparation and 108
delivery of the estoppel certificate must be established 109
annually by a written resolution adopted by the board or 110
provided by a written management, bookkeepin g, or maintenance 111
contract. 112
(i) An association may not directly or indirectly charge 113
any fee for an estoppel certificate other than those expressly 114
authorized by this section. Unauthorized fees or charges, 115
whether described as a convenience fee, an archi ve fee, a 116
service fee, a processing fee, a delivery fee, a credit card 117
fee, a certification fee, a third -party fee, or any other fee or 118
charge, are void and may be ignored by the requestor of the 119
certificate. 120
(j) If an estoppel certificate is requested i n conjunction 121
with the sale or refinancing of a unit, the fee for the 122
preparation and delivery of the estoppel certificate must be 123
paid to the association from the closing or settlement proceeds. 124
If the closing does not occur, the fee for the preparation a nd 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
delivery of the estoppel certificate is payable by the unit 126
owner upon the expiration of the 30 -day or 35-day effective 127
period of the certificate. The association may collect the fee 128
in the same manner as an assessment against the unit and is 129
payable upon the preparation of the certificate. If the 130
certificate is requested in conjunction with the sale or 131
mortgage of a parcel but the closing does not occur and no later 132
than 30 days after the closing date for which the certificate 133
was sought the preparer re ceives a written request, accompanied 134
by reasonable documentation, that the sale did not occur from a 135
payor that is not the parcel owner, the fee shall be refunded to 136
that payor within 30 days after receipt of the request. The 137
refund is the obligation of t he parcel owner, and the 138
association may collect it from that owner in the same manner as 139
an assessment as provided in this section. The right to 140
reimbursement may not be waived or modified by any contract or 141
agreement. The prevailing party in any action b rought to enforce 142
a right of reimbursement shall be awarded damages and all 143
applicable attorney fees and costs . 144
Section 4. Subsection (9) of section 720.30851, Florida 145
Statutes, is renumbered as subsection (11), subsection (8) is 146
amended, and new subse ctions (9) and (10) are added to that 147
section, to read: 148
720.30851 Estoppel certificates. —Within 10 business days 149
after receiving a written or electronic request for an estoppel 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
certificate from a parcel owner or the parcel owner's designee, 151
or a parcel mortgagee or the parcel mortgagee's designee, the 152
association shall issue the estoppel certificate. Each 153
association shall designate on its website a person or entity 154
with a street or e-mail address for receipt of a request for an 155
estoppel certificate issue d pursuant to this section. The 156
estoppel certificate must be provided by hand delivery, regular 157
mail, or e-mail to the requestor on the date of issuance of the 158
estoppel certificate. 159
(8) The authority to charge a fee for the preparation and 160
delivery of the estoppel certificate must be established 161
annually by a written resolution adopted by the board or 162
provided by a written management, bookkeeping, or maintenance 163
contract. 164
(9) An association may not directly or indirectly charge 165
any fee for an estoppel c ertificate other than those expressly 166
authorized by this section. Unauthorized fees or charges, 167
whether described as a convenience fee, an archive fee, a 168
service fee, a processing fee, a delivery fee, a credit card 169
fee, a certification fee, a third -party fee, or any other fee or 170
charge, are void and may be ignored by the requestor of the 171
certificate. 172
(10) If an estoppel certificate is requested in 173
conjunction with the sale or refinancing of a parcel, the fee 174
for the preparation and delivery of the estoppe l certificate 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
must be paid to the association from the closing or settlement 176
proceeds. If the closing does not occur, the fee for the 177
preparation and delivery of the estoppel certificate is payable 178
by the unit owner upon the expiration of the 30 -day or 35-day 179
effective period of the certificate. The association may collect 180
the fee in the same manner as an assessment against the parcel 181
and is payable upon the preparation of the certificate. If the 182
certificate is requested in conjunction with the sale or 183
mortgage of a parcel but the closing does not occur and no later 184
than 30 days after the closing date for which the certificate 185
was sought the preparer receives a written request, accompanied 186
by reasonable documentation, that the sale did not occur from a 187
payor that is not the parcel owner, the fee shall be refunded to 188
that payor within 30 days after receipt of the request. The 189
refund is the obligation of the parcel owner, and the 190
association may collect it from that owner in the same manner as 191
an assessment as provided in this section. The right to 192
reimbursement may not be waived or modified by any contract or 193
agreement. The prevailing party in any action brought to enforce 194
a right of reimbursement shall be awarded damages and all 195
applicable attorney fees and co sts. 196
Section 5. This act shall take effect July 1, 2024. 197