FL
Florida House Bill H0979

Florida 2024 Regular Session

Florida House Bill H0979 Compare Versions

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1010 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
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1414 A bill to be entitled 1
1515 An act relating to estoppel certificates; amending s. 2
16-468.436, F.S.; making a technical change; amending ss. 3
17-718.116, 719.108, and 720.30851, F.S.; requiring a 4
18-community association to annually establish the 5
19-authority to charge a fee for the preparation and 6
20-delivery of an estoppel certificate; prohibiting an 7
21-association from directly or indirectly charging fees 8
22-that are not authorized by law for an estoppel 9
23-certificate; specifying methods for paying the fee for 10
24-the preparation and delivery of an estoppel 11
25-certificate under certain circumstances; providing an 12
26-effective date. 13
27- 14
28-Be It Enacted by the Legislature of the State of Florida: 15
29- 16
30- Section 1. Paragraph (b) of subsection (2) of section 17
31-468.436, Florida Statutes, is amended to read: 18
32- 468.436 Disciplinary proceedings. — 19
33- (2) The following acts constitute grounds for which the 20
34-disciplinary actions in subsection (4) may be taken: 21
35- (b)1. Violation of any provision of this part. 22
36- 2. Violation of any lawful order or rule rendered or 23
37-adopted by the department or the council. 24
38- 3. Being convicted of or pleading nolo contendere to a 25
16+468.4334, F.S.; prohibiting agreements that indemnify 3
17+a community association manager or community 4
18+association management firm for errors or omissions 5
19+relating to the preparation or provision of an 6
20+estoppel certificate; amending s. 468.436, F.S.; 7
21+specifying certain acts relating to estoppel 8
22+certificates for which a community association manager 9
23+or community association management firm may be 10
24+disciplined; amending ss. 718.116, 719.108, and 11
25+720.30851, F.S.; revising the time period in which a 12
26+community association must provide an estoppel 13
27+certificate to a requestor; removing authorization for 14
28+a community association to charge an additional fee 15
29+for an estoppel certificate under certain 16
30+circumstances; requiri ng a community association to 17
31+annually establish the authority to charge a fee for 18
32+the preparation and delivery of an estoppel 19
33+certificate; prohibiting an association or a closing 20
34+agent from directly or indirectly charging fees that 21
35+are not authorized by l aw for an estoppel certificate; 22
36+specifying methods for paying the fee for the 23
37+preparation and delivery of an estoppel certificate 24
38+under certain circumstances; deleting provisions 25
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4747 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
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51-felony in any court in the United States. 26
52- 4. Obtaining a license or certification or any other 27
53-order, ruling, or authorization by means of fraud, 28
54-misrepresentation, or concealment of material facts. 29
55- 5. Committing acts of gross misconduct or gross negligence 30
56-in connection with the profession. 31
57- 6. Contracting, on behalf of an associati on, with any 32
58-entity in which the licensee has a financial interest that is 33
59-not disclosed. 34
60- 7. Violating any provision of chapter 718, chapter 719, or 35
61-chapter 720 during the course of performing community 36
62-association management services pursuant to a contr act with a 37
63-community association as defined in s. 468.431(1). 38
64- Section 2. Paragraph (i) of subsection (8) of section 39
65-718.116, Florida Statutes, is redesignated as paragraph (k), 40
66-paragraph (h) is amended, and new paragraphs (i) and (j) are 41
67-added to that subsection, to read: 42
68- 718.116 Assessments; liability; lien and priority; 43
69-interest; collection. — 44
70- (8) Within 10 business days after receiving a written or 45
71-electronic request therefor from a unit owner or the unit 46
72-owner's designee, or a unit mortgagee or the unit mortgagee's 47
73-designee, the association shall issue the estoppel certificate. 48
74-Each association shall designate on its website a person or 49
75-entity with a street or e -mail address for receipt of a request 50
51+providing for the adjustment of fees for an estoppel 26
52+certificate based on cha nges in an inflation index; 27
53+providing an effective date. 28
54+ 29
55+Be It Enacted by the Legislature of the State of Florida: 30
56+ 31
57+ Section 1. Paragraph (b) of subsection (2) of section 32
58+468.4334, Florida Statutes, is amended to read: 33
59+ 468.4334 Professional pract ice standards; liability. — 34
60+ (2) 35
61+ (b) Indemnification under paragraph (a) may not cover any 36
62+errors or omissions relating to the preparation or provision of 37
63+an estoppel certificate or any act or omission that violates a 38
64+criminal law; derives an improper per sonal benefit, either 39
65+directly or indirectly; is grossly negligent; or is reckless, is 40
66+in bad faith, is with malicious purpose, or is in a manner 41
67+exhibiting wanton and willful disregard of human rights, safety, 42
68+or property. 43
69+ Section 2. Paragraph (b) of subsection (2) of section 44
70+468.436, Florida Statutes, is amended to read: 45
71+ 468.436 Disciplinary proceedings. — 46
72+ (2) The following acts constitute grounds for which the 47
73+disciplinary actions in subsection (4) may be taken: 48
74+ (b)1. Violation of any provision of this part. 49
75+ 2. Violation of any lawful order or rule rendered or 50
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8484 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
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88-for an estoppel certificate issued pursuant to this section. The 51
89-estoppel certificate must be provided by hand delivery, regular 52
90-mail, or e-mail to the requestor on the date of issuance of the 53
91-estoppel certificate. 54
92- (h) The authority to charge a fee for the preparation and 55
93-delivery of the estoppel certificate must be established 56
94-annually by a written resolution adopted by the board or 57
95-provided by a written management, bookkeeping, or maintenance 58
96-contract. 59
97- (i) An association may not directly or indirectly charge 60
98-any fee for an estoppel certificate other than those expressly 61
99-authorized by this section. Unauthorized fees or charges, 62
100-whether described as a convenience fee, an archive fee, a 63
101-service fee, a processing fee, a delivery fee, a credit card 64
102-fee, a certification fee, a third -party fee, or any other fee or 65
103-charge, are void and may be ignored by the requestor of the 66
104-certificate. 67
105- (j) If an estoppel certificate is requested in conjunction 68
106-with the sale or refinancing of a unit, the fee for the 69
107-preparation and delivery of the estoppel certificate must be 70
108-paid to the association from the closing or settlement proceeds. 71
109-If the closing does not occur , the fee for the preparation and 72
110-delivery of the estoppel certificate is payable by the unit 73
111-owner upon the expiration of the 30 -day or 35-day effective 74
112-period of the certificate. The association may collect the fee 75
88+adopted by the department or the council. 51
89+ 3. Being convicted of or pleading nolo contendere to a 52
90+felony in any court in the United States. 53
91+ 4. Obtaining a license or certification or a ny other 54
92+order, ruling, or authorization by means of fraud, 55
93+misrepresentation, or concealment of material facts. 56
94+ 5. Committing acts of gross misconduct or gross negligence 57
95+in connection with the profession. 58
96+ 6. Contracting, on behalf of an association, with any 59
97+entity in which the licensee has a financial interest that is 60
98+not disclosed. 61
99+ 7. Violating any provision of chapter 718, chapter 719, or 62
100+chapter 720 during the course of performing community 63
101+association management services pursuant to a contract with a 64
102+community association as defined in s. 468.431(1). 65
103+ 8.a. Charging or attempting to charge fees or charges for 66
104+an estoppel certificate, for which fees are not authorized or 67
105+are in excess of the amounts authorized under chapter 718, 68
106+chapter 719, or chapter 720. 69
107+ b. Failing to timely provide an estoppel certificate or 70
108+providing an incomplete estoppel certificate. 71
109+ Section 3. Subsection (8) of section 718.116, Florida 72
110+Statutes, is amended to read: 73
111+ 718.116 Assessments; liability; lien and priority; 74
112+interest; collection. — 75
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121121 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
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125-in the same manner as an assessment aga inst the unit and is 76
126-payable upon the preparation of the certificate. If the 77
127-certificate is requested in conjunction with the sale or 78
128-mortgage of a unit but the closing does not occur and no later 79
129-than 30 days after the closing date for which the certifica te 80
130-was sought the preparer receives a written request, accompanied 81
131-by reasonable documentation, that the sale did not occur from a 82
132-payor that is not the unit owner, the fee shall be refunded to 83
133-that payor within 30 days after receipt of the request. The 84
134-refund is the obligation of the unit owner, and the association 85
135-may collect it from that owner in the same manner as an 86
136-assessment as provided in this section. The right to 87
137-reimbursement may not be waived or modified by any contract or 88
138-agreement. The prevail ing party in any action brought to enforce 89
139-a right of reimbursement shall be awarded damages and all 90
140-applicable attorney fees and costs . 91
141- Section 3. Paragraph (i) of subsection (6) of section 92
142-719.108, Florida Statutes, is redesignated as paragraph (k), 93
143-paragraph (h) is amended, and new paragraphs (i) and (j) are 94
144-added to that subsection, to read: 95
145- 719.108 Rents and assessments; liability; lien and 96
146-priority; interest; collection; cooperative ownership. — 97
147- (6) Within 10 business days after receiving a wri tten or 98
148-electronic request for an estoppel certificate from a unit owner 99
149-or the unit owner's designee, or a unit mortgagee or the unit 100
125+ (8) Within 5 10 business days after receiving a written or 76
126+electronic request therefor from a unit owner or the unit 77
127+owner's designee, or a unit mortgagee or the unit mortgagee's 78
128+designee, the association shall issue the estoppel certificate. 79
129+Each association shall designate on its website a person or 80
130+entity with a street or e -mail address for receipt of a request 81
131+for an estoppel certificate issued pursuant to this section. The 82
132+estoppel certificate must be provided by hand delivery , regular 83
133+mail, or e-mail to the requestor on the date of issuance of the 84
134+estoppel certificate. 85
135+ (a) An estoppel certificate may be completed by any board 86
136+member, authorized agent, or authorized representative of the 87
137+association, including any authorized agent, authorized 88
138+representative, or employee of a management company authorized 89
139+to complete this form on behalf of the board or association. The 90
140+estoppel certificate must contain all of the following 91
141+information and must be substantially in the following form: 92
142+ 1. Date of issuance:.... 93
143+ 2. Name(s) of the unit owner(s) as reflected in the books 94
144+and records of the association:.... 95
145+ 3. Unit designation and address:.... 96
146+ 4. Parking or garage space number, as reflected in the 97
147+books and records of the associ ation:.... 98
148+ 5. Attorney's name and contact information if the account 99
149+is delinquent and has been turned over to an attorney for 100
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158158 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
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162-mortgagee's designee, the association shall issue the estoppel 101
163-certificate. Each association shall designate on its websi te a 102
164-person or entity with a street or e -mail address for receipt of 103
165-a request for an estoppel certificate issued pursuant to this 104
166-section. The estoppel certificate must be provided by hand 105
167-delivery, regular mail, or e -mail to the requestor on the date 106
168-of issuance of the estoppel certificate. 107
169- (h) The authority to charge a fee for the preparation and 108
170-delivery of the estoppel certificate must be established 109
171-annually by a written resolution adopted by the board or 110
172-provided by a written management, bookkeepin g, or maintenance 111
173-contract. 112
174- (i) An association may not directly or indirectly charge 113
175-any fee for an estoppel certificate other than those expressly 114
176-authorized by this section. Unauthorized fees or charges, 115
177-whether described as a convenience fee, an archi ve fee, a 116
178-service fee, a processing fee, a delivery fee, a credit card 117
179-fee, a certification fee, a third -party fee, or any other fee or 118
180-charge, are void and may be ignored by the requestor of the 119
181-certificate. 120
182- (j) If an estoppel certificate is requested i n conjunction 121
183-with the sale or refinancing of a unit, the fee for the 122
184-preparation and delivery of the estoppel certificate must be 123
185-paid to the association from the closing or settlement proceeds. 124
186-If the closing does not occur, the fee for the preparation a nd 125
162+collection. No fee may be charged for this information. 101
163+ 6. Fee for the preparation and delivery of the estoppel 102
164+certificate:.... 103
165+ 7. Name of the requestor:.... 104
166+ 8. Assessment information and other information: 105
167+ASSESSMENT INFORMATION: 106
168+ a. The regular periodic assessment levied against the unit 107
169+is $.... per ...(insert frequency of payment).... 108
170+ b. The regular periodic assessme nt is paid through 109
171+...(insert date paid through).... 110
172+ c. The next installment of the regular periodic assessment 111
173+is due ...(insert due date)... in the amount of $..... 112
174+ d. An itemized list of all assessments, special 113
175+assessments, and other moneys owed on the date of issuance to 114
176+the association by the unit owner for a specific unit is 115
177+provided. 116
178+ e. An itemized list of any additional assessments, special 117
179+assessments, and other moneys that are scheduled to become due 118
180+for each day after the date of issuance for the effective period 119
181+of the estoppel certificate is provided. In calculating the 120
182+amounts that are scheduled to become due, the association may 121
183+assume that any delinquent amounts will remain delinquent during 122
184+the effective period of the estoppel certifi cate. 123
185+OTHER INFORMATION: 124
186+ f. Is there a capital contribution fee, resale fee, 125
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195195 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
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199-delivery of the estoppel certificate is payable by the unit 126
200-owner upon the expiration of the 30 -day or 35-day effective 127
201-period of the certificate. The association may collect the fee 128
202-in the same manner as an assessment against the unit and is 129
203-payable upon the preparation of the certificate. If the 130
204-certificate is requested in conjunction with the sale or 131
205-mortgage of a parcel but the closing does not occur and no later 132
206-than 30 days after the closing date for which the certificate 133
207-was sought the preparer re ceives a written request, accompanied 134
208-by reasonable documentation, that the sale did not occur from a 135
209-payor that is not the parcel owner, the fee shall be refunded to 136
210-that payor within 30 days after receipt of the request. The 137
211-refund is the obligation of t he parcel owner, and the 138
212-association may collect it from that owner in the same manner as 139
213-an assessment as provided in this section. The right to 140
214-reimbursement may not be waived or modified by any contract or 141
215-agreement. The prevailing party in any action b rought to enforce 142
216-a right of reimbursement shall be awarded damages and all 143
217-applicable attorney fees and costs . 144
218- Section 4. Subsection (9) of section 720.30851, Florida 145
219-Statutes, is renumbered as subsection (11), subsection (8) is 146
220-amended, and new subse ctions (9) and (10) are added to that 147
221-section, to read: 148
222- 720.30851 Estoppel certificates. —Within 10 business days 149
223-after receiving a written or electronic request for an estoppel 150
199+transfer fee, or other fee due? ....(Yes) ....(No). If yes, 126
200+specify the type and the amount of the fee. 127
201+ g. Is there any open violation of rule or regulation 128
202+noticed to the unit owner in the association official records? 129
203+....(Yes) ....(No). 130
204+ h. Do the rules and regulations of the association 131
205+applicable to the unit require approval by the board of 132
206+directors of the association for the transfer of the unit? 133
207+....(Yes) ....(No). If yes, has the board approved the transfer 134
208+of the unit? ....(Yes) ....(No). 135
209+ i. Is there a right of first refusal provided to the 136
210+members or the association? ....(Yes) ....(No). If yes, have 137
211+the members or the association exercised that right of first 138
212+refusal? ....(Yes) ....(No). 139
213+ j. Provide a list of, and contact information for, all 140
214+other associations of which the unit is a member. 141
215+ k. Provide contact information for all insurance 142
216+maintained by the association. 143
217+ l. Provide the signature of an officer or authorized agent 144
218+of the association. 145
219+The association, at its option, may include additional 146
220+information in the estoppel certificate. 147
221+ (b) An estoppel certificate that is hand delivered or sent 148
222+by electronic means has a 30 -day effective period. An estoppel 149
223+certificate that is sent by regular mail has a 35 -day effective 150
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232232 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
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236-certificate from a parcel owner or the parcel owner's designee, 151
237-or a parcel mortgagee or the parcel mortgagee's designee, the 152
238-association shall issue the estoppel certificate. Each 153
239-association shall designate on its website a person or entity 154
240-with a street or e-mail address for receipt of a request for an 155
241-estoppel certificate issue d pursuant to this section. The 156
242-estoppel certificate must be provided by hand delivery, regular 157
243-mail, or e-mail to the requestor on the date of issuance of the 158
244-estoppel certificate. 159
245- (8) The authority to charge a fee for the preparation and 160
246-delivery of the estoppel certificate must be established 161
247-annually by a written resolution adopted by the board or 162
248-provided by a written management, bookkeeping, or maintenance 163
249-contract. 164
250- (9) An association may not directly or indirectly charge 165
251-any fee for an estoppel c ertificate other than those expressly 166
252-authorized by this section. Unauthorized fees or charges, 167
253-whether described as a convenience fee, an archive fee, a 168
254-service fee, a processing fee, a delivery fee, a credit card 169
255-fee, a certification fee, a third -party fee, or any other fee or 170
256-charge, are void and may be ignored by the requestor of the 171
257-certificate. 172
258- (10) If an estoppel certificate is requested in 173
259-conjunction with the sale or refinancing of a parcel, the fee 174
260-for the preparation and delivery of the estoppe l certificate 175
236+period. If additional information or a mistake related to the 151
237+estoppel certificate becomes known to the association within the 152
238+effective period, an amended estoppel certificate may be 153
239+delivered and becomes effective if a sale or refinancing of the 154
240+unit has not been completed during the effective period. A fee 155
241+may not be charged for an amended estoppel certificate. An 156
242+amended estoppel certificate must be delivered on the date of 157
243+issuance, and a new 30-day or 35-day effective period begins on 158
244+such date. 159
245+ (c) An association waives the right to collect any moneys 160
246+owed in excess of the amounts specified in the estoppel 161
247+certificate from any person who in good faith relies upon the 162
248+estoppel certificate and from the person's successors and 163
249+assigns. 164
250+ (d) If an association receives a request for an estoppel 165
251+certificate from a unit owner or the unit owner's designee, or a 166
252+unit mortgagee or the unit mortgagee's designee, and fails to 167
253+deliver the estoppel certificate within 5 10 business days, a 168
254+fee may not be charged for the preparation and delivery of that 169
255+estoppel certificate. 170
256+ (e) A summary proceeding pursuant to s. 51.011 may be 171
257+brought to compel compliance with this subsection, and in any 172
258+such action the prevailing party is entitled to recover 173
259+reasonable attorney fees. 174
260+ (f) Notwithstanding any limitation on transfer fees 175
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269269 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
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273-must be paid to the association from the closing or settlement 176
274-proceeds. If the closing does not occur, the fee for the 177
275-preparation and delivery of the estoppel certificate is payable 178
276-by the unit owner upon the expiration of the 30 -day or 35-day 179
277-effective period of the certificate. The association may collect 180
278-the fee in the same manner as an assessment against the parcel 181
279-and is payable upon the preparation of the certificate. If the 182
280-certificate is requested in conjunction with the sale or 183
281-mortgage of a parcel but the closing does not occur and no later 184
282-than 30 days after the closing date for which the certificate 185
283-was sought the preparer receives a written request, accompanied 186
284-by reasonable documentation, that the sale did not occur from a 187
285-payor that is not the parcel owner, the fee shall be refunded to 188
286-that payor within 30 days after receipt of the request. The 189
287-refund is the obligation of the parcel owner, and the 190
288-association may collect it from that owner in the same manner as 191
289-an assessment as provided in this section. The right to 192
290-reimbursement may not be waived or modified by any contract or 193
291-agreement. The prevailing party in any action brought to enforce 194
292-a right of reimbursement shall be awarded damages and all 195
293-applicable attorney fees and co sts. 196
294- Section 5. This act shall take effect July 1, 2024. 197
273+contained in s. 718.112(2)(k), an association or its authorized 176
274+agent may charge a reasonable fee for the preparation an d 177
275+delivery of an estoppel certificate, which may not exceed $250, 178
276+if, on the date the certificate is issued, no delinquent amounts 179
277+are owed to the association for the applicable unit. If an 180
278+estoppel certificate is requested on an expedited basis and 181
279+delivered within 3 business days after the request, the 182
280+association may charge an additional fee of $100. If a 183
281+delinquent amount is owed to the association for the applicable 184
282+unit, an additional fee for the estoppel certificate may not 185
283+exceed $150. 186
284+ (g) If estoppel certificates for multiple units owned by 187
285+the same owner are simultaneously requested from the same 188
286+association and there are no past due monetary obligations owed 189
287+to the association, the statement of moneys due for those units 190
288+may be delivered in one or more estoppel certificates, and, even 191
289+though the fee for each unit shall be computed as set forth in 192
290+paragraph (f), the total fee that the association may charge for 193
291+the preparation and delivery of the estoppel certificates may 194
292+not exceed, in the aggreg ate: 195
293+ 1. For 25 or fewer units, $750. 196
294+ 2. For 26 to 50 units, $1,000. 197
295+ 3. For 51 to 100 units, $1,500. 198
296+ 4. For more than 100 units, $2,500. 199
297+ (h) The authority to charge a fee for the preparation and 200
298+
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306+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
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310+delivery of the estoppel certificate must be establi shed 201
311+annually by a written resolution adopted by the board or 202
312+provided by a written management, bookkeeping, or maintenance 203
313+contract. 204
314+ (i) An association or a closing agent may not directly or 205
315+indirectly charge a fee for an estoppel certificate other than 206
316+those expressly authorized by this section. Unauthorized fees or 207
317+charges, whether described as a convenience fee, an archive fee, 208
318+a service fee, a processing fee, a delivery fee, a credit card 209
319+fee, a certification fee, a third -party fee, or any other fee or 210
320+charge, are void and may be ignored by the requestor of the 211
321+estoppel certificate. 212
322+ (j) If an estoppel certificate is requested in conjunction 213
323+with the sale or refinancing of a unit, the fee for the 214
324+preparation and delivery of the estoppel certificate m ust be 215
325+paid to the association from the closing or settlement proceeds. 216
326+If the closing does not occur, the fee for the preparation and 217
327+delivery of the estoppel certificate is payable by the unit 218
328+owner upon the expiration of the 30 -day or 35-day effective 219
329+period of the estoppel certificate. The association may collect 220
330+the fee in the same manner as an assessment against the unit. 221
331+and is payable upon the preparation of the certificate. If the 222
332+certificate is requested in conjunction with the sale or 223
333+mortgage of a unit but the closing does not occur and no later 224
334+than 30 days after the closing date for which the certificate 225
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343+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
344+
345+
346+
347+was sought the preparer receives a written request, accompanied 226
348+by reasonable documentation, that the sale did not occur from a 227
349+payor that is not the unit owner, the fee shall be refunded to 228
350+that payor within 30 days after receipt of the request. The 229
351+refund is the obligation of the unit owner, and the association 230
352+may collect it from that owner in the same manner as an 231
353+assessment as provided in t his section. The right to 232
354+reimbursement may not be waived or modified by any contract or 233
355+agreement. The prevailing party in any action brought to enforce 234
356+a right of reimbursement shall be awarded damages and all 235
357+applicable attorney fees and costs. 236
358+ (i) The fees specified in this subsection shall be 237
359+adjusted every 5 years in an amount equal to the total of the 238
360+annual increases for that 5 -year period in the Consumer Price 239
361+Index for All Urban Consumers, U.S. City Average, All Items. The 240
362+Department of Business and Professional Regulation shall 241
363+periodically calculate the fees, rounded to the nearest dollar, 242
364+and publish the amounts, as adjusted, on its website. 243
365+ Section 4. Subsection (6) of section 719.108, Florida 244
366+Statutes, is amended to read: 245
367+ 719.108 Rents and assessments; liability; lien and 246
368+priority; interest; collection; cooperative ownership. — 247
369+ (6) Within 5 10 business days after receiving a written or 248
370+electronic request for an estoppel certificate from a unit owner 249
371+or the unit owner's designee, or a u nit mortgagee or the unit 250
372+
373+CS/HB 979 2024
374+
375+
376+
377+CODING: Words stricken are deletions; words underlined are additions.
378+hb0979-01-c1
379+Page 11 of 24
380+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
381+
382+
383+
384+mortgagee's designee, the association shall issue the estoppel 251
385+certificate. Each association shall designate on its website a 252
386+person or entity with a street or e -mail address for receipt of 253
387+a request for an estoppel certificate is sued pursuant to this 254
388+section. The estoppel certificate must be provided by hand 255
389+delivery, regular mail, or e -mail to the requestor on the date 256
390+of issuance of the estoppel certificate. 257
391+ (a) An estoppel certificate may be completed by any board 258
392+member, authorized agent, or authorized representative of the 259
393+association, including any authorized agent, authorized 260
394+representative, or employee of a management company authorized 261
395+to complete this form on behalf of the board or association. The 262
396+estoppel certificate must contain all of the following 263
397+information and must be substantially in the following form: 264
398+ 1. Date of issuance:.... 265
399+ 2. Name(s) of the unit owner(s) as reflected in the books 266
400+and records of the association:.... 267
401+ 3. Unit designation and address:.... 268
402+ 4. Parking or garage space number, as reflected in the 269
403+books and records of the association:.... 270
404+ 5. Attorney's name and contact information if the account 271
405+is delinquent and has been turned over to an attorney for 272
406+collection. No fee may be charged for this information. 273
407+ 6. Fee for the preparation and delivery of the estoppel 274
408+certificate:.... 275
409+
410+CS/HB 979 2024
411+
412+
413+
414+CODING: Words stricken are deletions; words underlined are additions.
415+hb0979-01-c1
416+Page 12 of 24
417+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
418+
419+
420+
421+ 7. Name of the requestor:.... 276
422+ 8. Assessment information and other information: 277
423+ASSESSMENT INFORMATION: 278
424+ a. The regular periodic assessment levied against the unit 279
425+is $.... per ...(insert frequency of payment).... 280
426+ b. The regular periodic assessment is paid through 281
427+...(insert date paid through).... 282
428+ c. The next installment of the regular periodic assessment 283
429+is due ...(insert due date)... in the amount of $.... . 284
430+ d. An itemized list of all assessments, special 285
431+assessments, and other moneys owed by the unit owner on the date 286
432+of issuance to the association for a specific unit is provided. 287
433+ e. An itemized list of any additional assessments, special 288
434+assessments, and other moneys that are scheduled to become due 289
435+for each day after the date of issuance for the effective period 290
436+of the estoppel certificate is provided. In calculating the 291
437+amounts that are scheduled to become due, the association may 292
438+assume that any deli nquent amounts will remain delinquent during 293
439+the effective period of the estoppel certificate. 294
440+OTHER INFORMATION: 295
441+ f. Is there a capital contribution fee, resale fee, 296
442+transfer fee, or other fee due? ....(Yes) ....(No). If yes, 297
443+specify the type and amount of the fee. 298
444+ g. Is there any open violation of rule or regulation 299
445+noticed to the unit owner in the association official records? 300
446+
447+CS/HB 979 2024
448+
449+
450+
451+CODING: Words stricken are deletions; words underlined are additions.
452+hb0979-01-c1
453+Page 13 of 24
454+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
455+
456+
457+
458+....(Yes) ....(No). 301
459+ h. Do the rules and regulations of the association 302
460+applicable to the unit require approval by the boar d of 303
461+directors of the association for the transfer of the unit? 304
462+....(Yes) ....(No). If yes, has the board approved the transfer 305
463+of the unit? ....(Yes) ....(No). 306
464+ i. Is there a right of first refusal provided to the 307
465+members or the association? ....(Yes) ....(No). If yes, have 308
466+the members or the association exercised that right of first 309
467+refusal? ....(Yes) ....(No). 310
468+ j. Provide a list of, and contact information for, all 311
469+other associations of which the unit is a member. 312
470+ k. Provide contact information f or all insurance 313
471+maintained by the association. 314
472+ l. Provide the signature of an officer or authorized agent 315
473+of the association. 316
474+ 317
475+The association, at its option, may include additional 318
476+information in the estoppel certificate. 319
477+ (b) An estoppel certificate that is hand delivered or sent 320
478+by electronic means has a 30 -day effective period. An estoppel 321
479+certificate that is sent by regular mail has a 35 -day effective 322
480+period. If additional information or a mistake related to the 323
481+estoppel certificate becomes known t o the association within the 324
482+effective period, an amended estoppel certificate may be 325
483+
484+CS/HB 979 2024
485+
486+
487+
488+CODING: Words stricken are deletions; words underlined are additions.
489+hb0979-01-c1
490+Page 14 of 24
491+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
492+
493+
494+
495+delivered and becomes effective if a sale or refinancing of the 326
496+unit has not been completed during the effective period. A fee 327
497+may not be charged for an amended estoppel certificate. An 328
498+amended estoppel certificate must be delivered on the date of 329
499+issuance, and a new 30 -day or 35-day effective period begins on 330
500+such date. 331
501+ (c) An association waives the right to collect any moneys 332
502+owed in excess of the amounts specified in the estoppel 333
503+certificate from any person who in good faith relies upon the 334
504+estoppel certificate and from the person's successors and 335
505+assigns. 336
506+ (d) If an association receives a request for an estoppel 337
507+certificate from a unit owner or the unit owner's desig nee, or a 338
508+unit mortgagee or the unit mortgagee's designee, and fails to 339
509+deliver the estoppel certificate within 5 10 business days, a 340
510+fee may not be charged for the preparation and delivery of that 341
511+estoppel certificate. 342
512+ (e) A summary proceeding pursuant to s. 51.011 may be 343
513+brought to compel compliance with this subsection, and in any 344
514+such action the prevailing party is entitled to recover 345
515+reasonable attorney fees. 346
516+ (f) Notwithstanding any limitation on transfer fees 347
517+contained in s. 719.106(1)(i), an asso ciation or its authorized 348
518+agent may charge a reasonable fee for the preparation and 349
519+delivery of an estoppel certificate, which may not exceed $250 350
520+
521+CS/HB 979 2024
522+
523+
524+
525+CODING: Words stricken are deletions; words underlined are additions.
526+hb0979-01-c1
527+Page 15 of 24
528+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
529+
530+
531+
532+if, on the date the certificate is issued, no delinquent amounts 351
533+are owed to the association for the applicab le unit. If an 352
534+estoppel certificate is requested on an expedited basis and 353
535+delivered within 3 business days after the request, the 354
536+association may charge an additional fee of $100. If a 355
537+delinquent amount is owed to the association for the applicable 356
538+unit, an additional fee for the estoppel certificate may not 357
539+exceed $150. 358
540+ (g) If estoppel certificates for multiple units owned by 359
541+the same owner are simultaneously requested from the same 360
542+association and there are no past due monetary obligations owed 361
543+to the association, the statement of moneys due for those units 362
544+may be delivered in one or more estoppel certificates, and, even 363
545+though the fee for each unit shall be computed as set forth in 364
546+paragraph (f), the total fee that the association may charge for 365
547+the preparation and delivery of the estoppel certificates may 366
548+not exceed, in the aggregate: 367
549+ 1. For 25 or fewer units, $750. 368
550+ 2. For 26 to 50 units, $1,000. 369
551+ 3. For 51 to 100 units, $1,500. 370
552+ 4. For more than 100 units, $2,500. 371
553+ (h) The authority to charge a fee for the preparation and 372
554+delivery of the estoppel certificate must be established 373
555+annually by a written resolution adopted by the board or 374
556+provided by a written management, bookkeeping, or maintenance 375
557+
558+CS/HB 979 2024
559+
560+
561+
562+CODING: Words stricken are deletions; words underlined are additions.
563+hb0979-01-c1
564+Page 16 of 24
565+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
566+
567+
568+
569+contract. 376
570+ (i) An association or a closing agent m ay not directly or 377
571+indirectly charge a fee for an estoppel certificate other than 378
572+those expressly authorized by this section. Unauthorized fees or 379
573+charges, whether described as a convenience fee, an archive fee, 380
574+a service fee, a processing fee, a delivery fee, a credit card 381
575+fee, a certification fee, a third -party fee, or any other fee or 382
576+charge, are void and may be ignored by the requestor of the 383
577+estoppel certificate. 384
578+ (j) If an estoppel certificate is requested in conjunction 385
579+with the sale or refinancing of a unit, the fee for the 386
580+preparation and delivery of the estoppel certificate must be 387
581+paid to the association from the closing or settlement proceeds. 388
582+If the closing does not occur, the fee for the preparation and 389
583+delivery of the estoppel certificate is payable by the unit 390
584+owner upon the expiration of the 30 -day or 35-day effective 391
585+period of the estoppel certificate. The association may collect 392
586+the fee in the same manner as an assessment against the unit. 393
587+and is payable upon the preparation of the certifi cate. If the 394
588+certificate is requested in conjunction with the sale or 395
589+mortgage of a parcel but the closing does not occur and no later 396
590+than 30 days after the closing date for which the certificate 397
591+was sought the preparer receives a written request, accompa nied 398
592+by reasonable documentation, that the sale did not occur from a 399
593+payor that is not the parcel owner, the fee shall be refunded to 400
594+
595+CS/HB 979 2024
596+
597+
598+
599+CODING: Words stricken are deletions; words underlined are additions.
600+hb0979-01-c1
601+Page 17 of 24
602+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
603+
604+
605+
606+that payor within 30 days after receipt of the request. The 401
607+refund is the obligation of the parcel owner, and the 402
608+association may collect it from that owner in the same manner as 403
609+an assessment as provided in this section. The right to 404
610+reimbursement may not be waived or modified by any contract or 405
611+agreement. The prevailing party in any action brought to enforce 406
612+a right of reimbursement shall be awarded damages and all 407
613+applicable attorney fees and costs. 408
614+ (i) The fees specified in this subsection shall be 409
615+adjusted every 5 years in an amount equal to the total of the 410
616+annual increases for that 5 -year period in the Consumer Price 411
617+Index for All Urban Consumers, U.S. City Average, All Items. The 412
618+Department of Business and Professional Regulation shall 413
619+periodically calculate the fees, rounded to the nearest dollar, 414
620+and publish the amounts, as adjusted, on its website. 415
621+ Section 5. Section 720.30851, Florida Statutes, is amended 416
622+to read: 417
623+ 720.30851 Estoppel certificates. —Within 5 10 business days 418
624+after receiving a written or electronic request for an estoppel 419
625+certificate from a parcel owner or the parcel owner's designee, 420
626+or a parcel mortgagee or the parcel mortgagee's designee, the 421
627+association shall issue the estoppel certificate. Each 422
628+association shall designate on its website a person or entity 423
629+with a street or e-mail address for receipt of a request for an 424
630+estoppel certificate iss ued pursuant to this section. The 425
631+
632+CS/HB 979 2024
633+
634+
635+
636+CODING: Words stricken are deletions; words underlined are additions.
637+hb0979-01-c1
638+Page 18 of 24
639+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
640+
641+
642+
643+estoppel certificate must be provided by hand delivery, regular 426
644+mail, or e-mail to the requestor on the date of issuance of the 427
645+estoppel certificate. 428
646+ (1) An estoppel certificate may be completed by any board 429
647+member, authorized agent, or authorized representative of the 430
648+association, including any authorized agent, authorized 431
649+representative, or employee of a management company authorized 432
650+to complete this form on behalf of the board or association. The 433
651+estoppel certificate m ust contain all of the following 434
652+information and must be substantially in the following form: 435
653+ (a) Date of issuance:.... 436
654+ (b) Name(s) of the parcel owner(s) as reflected in the 437
655+books and records of the association:.... 438
656+ (c) Parcel designation and addres s:.... 439
657+ (d) Parking or garage space number, as reflected in the 440
658+books and records of the association:.... 441
659+ (e) Attorney's name and contact information if the account 442
660+is delinquent and has been turned over to an attorney for 443
661+collection. No fee may be char ged for this information. 444
662+ (f) Fee for the preparation and delivery of the estoppel 445
663+certificate:.... 446
664+ (g) Name of the requestor:.... 447
665+ (h) Assessment information and other information: 448
666+ASSESSMENT INFORMATION: 449
667+ 1. The regular periodic assessment levied a gainst the 450
668+
669+CS/HB 979 2024
670+
671+
672+
673+CODING: Words stricken are deletions; words underlined are additions.
674+hb0979-01-c1
675+Page 19 of 24
676+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
677+
678+
679+
680+parcel is $.... per ...(insert frequency of payment).... 451
681+ 2. The regular periodic assessment is paid through 452
682+...(insert date paid through).... 453
683+ 3. The next installment of the regular periodic assessment 454
684+is due ...(insert due date)... in the am ount of $..... 455
685+ 4. An itemized list of all assessments, special 456
686+assessments, and other moneys owed on the date of issuance to 457
687+the association by the parcel owner for a specific parcel is 458
688+provided. 459
689+ 5. An itemized list of any additional assessments, speci al 460
690+assessments, and other moneys that are scheduled to become due 461
691+for each day after the date of issuance for the effective period 462
692+of the estoppel certificate is provided. In calculating the 463
693+amounts that are scheduled to become due, the association may 464
694+assume that any delinquent amounts will remain delinquent during 465
695+the effective period of the estoppel certificate. 466
696+OTHER INFORMATION: 467
697+ 6. Is there a capital contribution fee, resale fee, 468
698+transfer fee, or other fee due? ....(Yes) ....(No). If yes, 469
699+specify the type and amount of the fee. 470
700+ 7. Is there any open violation of rule or regulation 471
701+noticed to the parcel owner in the association official records? 472
702+....(Yes) ....(No). 473
703+ 8. Do the rules and regulations of the association 474
704+applicable to the parcel require approval by the board of 475
705+
706+CS/HB 979 2024
707+
708+
709+
710+CODING: Words stricken are deletions; words underlined are additions.
711+hb0979-01-c1
712+Page 20 of 24
713+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
714+
715+
716+
717+directors of the association for the transfer of the parcel? 476
718+....(Yes) ....(No). If yes, has the board approved the transfer 477
719+of the parcel? ....(Yes) ....(No). 478
720+ 9. Is there a right of first refusal provided to the 479
721+members or the association? ....(Yes) ....(No). If yes, have 480
722+the members or the association exercised that right of first 481
723+refusal? ....(Yes) ....(No). 482
724+ 10. Provide a list of, and contact information for, all 483
725+other associations of which the parcel is a member. 484
726+ 11. Provide contact information for all insurance 485
727+maintained by the association. 486
728+ 12. Provide the signature of an officer or authorized 487
729+agent of the association. 488
730+The association, at its option, may include additional 489
731+information in the estoppel certificate. 490
732+ (2) An estoppel certificate that is hand delivered or sent 491
733+by electronic means has a 30 -day effective period. An estoppel 492
734+certificate that is sent by regular mail has a 35 -day effective 493
735+period. If additional information or a mistake related to the 494
736+estoppel certificate becomes known to the association within the 495
737+effective period, an amended estoppel certificate may be 496
738+delivered and becomes effective if a sale or refinancing of the 497
739+parcel has not been completed during the effective period. A fee 498
740+may not be charged for an amended estoppel certificate. An 499
741+amended estoppel certificate must be delivered on the date of 500
742+
743+CS/HB 979 2024
744+
745+
746+
747+CODING: Words stricken are deletions; words underlined are additions.
748+hb0979-01-c1
749+Page 21 of 24
750+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
751+
752+
753+
754+issuance, and a new 30 -day or 35-day effective period begins on 501
755+such date. 502
756+ (3) An association waives the right to collect any moneys 503
757+owed in excess of the amounts specified in the estoppel 504
758+certificate from any person who in good faith relies upon the 505
759+estoppel certificate and from the person's successors and 506
760+assigns. 507
761+ (4) If an association receives a request for an estoppel 508
762+certificate from a parce l owner or the parcel owner's designee, 509
763+or a parcel mortgagee or the parcel mortgagee's designee, and 510
764+fails to deliver the estoppel certificate within 5 10 business 511
765+days, a fee may not be charged for the preparation and delivery 512
766+of that estoppel certificat e. 513
767+ (5) A summary proceeding pursuant to s. 51.011 may be 514
768+brought to compel compliance with this section, and the 515
769+prevailing party is entitled to recover reasonable attorney 516
770+fees. 517
771+ (6) An association or its authorized agent may charge a 518
772+reasonable fee for the preparation and delivery of an estoppel 519
773+certificate, which may not exceed $250, if, on the date the 520
774+certificate is issued, no delinquent amounts are owed to the 521
775+association for the applicable parcel. If an estoppel 522
776+certificate is requested on an expe dited basis and delivered 523
777+within 3 business days after the request, the association may 524
778+charge an additional fee of $100. If a delinquent amount is owed 525
779+
780+CS/HB 979 2024
781+
782+
783+
784+CODING: Words stricken are deletions; words underlined are additions.
785+hb0979-01-c1
786+Page 22 of 24
787+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
788+
789+
790+
791+to the association for the applicable parcel, an additional fee 526
792+for the estoppel certificate may not ex ceed $150. 527
793+ (7) If estoppel certificates for multiple parcels owned by 528
794+the same owner are simultaneously requested from the same 529
795+association and there are no past due monetary obligations owed 530
796+to the association, the statement of moneys due for those 531
797+parcels may be delivered in one or more estoppel certificates, 532
798+and, even though the fee for each parcel shall be computed as 533
799+set forth in subsection (6), the total fee that the association 534
800+may charge for the preparation and delivery of the estoppel 535
801+certificates may not exceed, in the aggregate: 536
802+ (a) For 25 or fewer parcels, $750. 537
803+ (b) For 26 to 50 parcels, $1,000. 538
804+ (c) For 51 to 100 parcels, $1,500. 539
805+ (d) For more than 100 parcels, $2,500. 540
806+ (8) The authority to charge a fee for the preparation and 541
807+delivery of the estoppel certificate must be established 542
808+annually by a written resolution adopted by the board or 543
809+provided by a written management, bookkeeping, or maintenance 544
810+contract. 545
811+ (9) An association or a closing agent may not directly or 546
812+indirectly charge a fee for an estoppel certificate other than 547
813+those expressly authorized by this section. Unauthorized fees or 548
814+charges, whether described as a convenience fee, an archive fee, 549
815+a service fee, a processing fee, a delivery fee, a credit card 550
816+
817+CS/HB 979 2024
818+
819+
820+
821+CODING: Words stricken are deletions; words underlined are additions.
822+hb0979-01-c1
823+Page 23 of 24
824+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
825+
826+
827+
828+fee, a certification fee, a third-party fee, or any other fee or 551
829+charge, are void and may be ignored by the requestor of the 552
830+estoppel certificate. 553
831+ (10) If an estoppel certificate is requested in 554
832+conjunction with the sale or refinancing of a parcel, the fee 555
833+for the preparation and delivery of the estoppel certificate 556
834+must be paid to the association from the closing or settlement 557
835+proceeds. If the closing does not occur, the fee for the 558
836+preparation and delivery of the estoppel certificate is payable 559
837+by the unit owner upon the expiration of the 30 -day or 35-day 560
838+effective period of the estoppel certificate. The association 561
839+may collect the fee in the same manner as an assessment against 562
840+the parcel. and is payable upon the preparation of the 563
841+certificate. If the certificate is reque sted in conjunction with 564
842+the sale or mortgage of a parcel but the closing does not occur 565
843+and no later than 30 days after the closing date for which the 566
844+certificate was sought the preparer receives a written request, 567
845+accompanied by reasonable documentation, that the sale did not 568
846+occur from a payor that is not the parcel owner, the fee shall 569
847+be refunded to that payor within 30 days after receipt of the 570
848+request. The refund is the obligation of the parcel owner, and 571
849+the association may collect it from that owne r in the same 572
850+manner as an assessment as provided in this section. The right 573
851+to reimbursement may not be waived or modified by any contract 574
852+or agreement. The prevailing party in any action brought to 575
853+
854+CS/HB 979 2024
855+
856+
857+
858+CODING: Words stricken are deletions; words underlined are additions.
859+hb0979-01-c1
860+Page 24 of 24
861+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
862+
863+
864+
865+enforce a right of reimbursement shall be awarded damage s and 576
866+all applicable attorney fees and costs. 577
867+ (9) The fees specified in this section shall be adjusted 578
868+every 5 years in an amount equal to the total of the annual 579
869+increases for that 5 -year period in the Consumer Price Index for 580
870+All Urban Consumers, U.S. City Average, All Items. The 581
871+Department of Business and Professional Regulation shall 582
872+periodically calculate the fees, rounded to the nearest dollar, 583
873+and publish the amounts, as adjusted, on its website. 584
874+ Section 6. This act shall take effect July 1, 2024. 585