Florida 2024 Regular Session Status: In Committee 3 R cosponsors

HB 979 — Estoppel Certificates

Last action — Laid on Table

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed House
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Estoppel Certificates; Requires community association to annually establish authority to charge fee for preparation & delivery of estoppel certificate; prohibits association from directly or indirectly charging fees that are not authorized by law for estoppel certificate; specifies methods for paying fee for preparation & delivery of estoppel certificate.

Bill Text

What changed in the latest version

655 added · 219 removed

655 line(s) added, 219 removed.

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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 CS/CS/HB979 2024 A bill to be entitled An act relating to estoppel certificates;
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 CS/HB979 2024 A bill to be entitled An act relating to estoppel certificates;
468.4334, F.S.;
prohibiting agreements that indemnify a community association manager or community association management firm for errors or omissions relating to the preparation or provision of an estoppel certificate;
amending s.
making a technical change;
specifying certain acts relating to estoppel certificates for which a community association manager or community association management firm may be disciplined;
revising the time period in which a community association must provide an estoppel certificate to a requestor;
removing authorization for a community association to charge an additional fee for an estoppel certificate under certain circumstances;
prohibiting an association from directly or indirectly charging fees that are not authorized by law for an estoppel certificate;
prohibiting an association or a closing agent from directly or indirectly charging fees that are not authorized by law for an estoppel certificate;
deleting provisions Page 1of 24 CODING:
Words strickenare deletions;
words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 providing for the adjustment of fees for an estoppel certificate based on changes in an inflation index;
Paragraph (b) of subsection (2) of section 468.4334, Florida Statutes, is amended to read:
468.4334 Professional practice standards;
liability.— (2) (b) Indemnification under paragraph (a) may not cover any errors or omissions relating to the preparation or provision of an estoppel certificate or any act or omission that violates a criminal law;
derives an improper personal benefit, either directly or indirectly;
is grossly negligent;
or is reckless, is in bad faith, is with malicious purpose, or is in a manner exhibiting wanton and willful disregard of human rights, safety, or property.
Section 2.
Violation of any lawful order or rule rendered or adopted by the department or the council.
Violation of any lawful order or rule rendered or Page 2of 24 CODING:
3.
Being convicted of or pleading nolo contendere to a Page 1of 8 CODING:
hb0979-02-c2 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 CS/CS/HB979 2024 felony in any court in the United States.
hb0979-01-c1 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 CS/HB979 2024 adopted by the department or the council.
3.
Being convicted of or pleading nolo contendere to a felony in any court in the United States.
Section 2.
8.a.
Paragraph (i) of subsection (8) of section 718.116, Florida Statutes, is redesignated as paragraph (k), paragraph (h) is amended, and new paragraphs (i) and (j) are added to that subsection, to read:
Charging or attempting to charge fees or charges for an estoppel certificate, for which fees are not authorized or are in excess of the amounts authorized under chapter 718, chapter 719, or chapter 720.
b.
Failing to timely provide an estoppel certificate or providing an incomplete estoppel certificate.
Section 3.
Subsection (8) of section 718.116, Florida Statutes, is amended to read:
collection.— (8) Within 10 business days after receiving a written or electronic request therefor from a unit owner or the unit owner's designee, or a unit mortgagee or the unit mortgagee's designee, the association shall issue the estoppel certificate.
collection.— Page 3of 24 CODING:
Each association shall designate on its website a person or entity with a street or e-mail address for receipt of a request Page 2of 8 CODING:
hb0979-02-c2 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 CS/CS/HB979 2024 for an estoppel certificate issued pursuant to this section.
hb0979-01-c1 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 CS/HB979 2024 (8) Within 5 10 business days after receiving a written or electronic request therefor from a unit owner or the unit owner's designee, or a unit mortgagee or the unit mortgagee's designee, the association shall issue the estoppel certificate.
Each association shall designate on its website a person or entity with a street or e-mail address for receipt of a request for an estoppel certificate issued pursuant to this section.
(h) The authority to charge a fee for the preparation and delivery of the estoppel certificate must be established annually by a written resolution adopted by the board or provided by a written management, bookkeeping, or maintenance contract.
(a) An estoppel certificate may be completed by any board member, authorized agent, or authorized representative of the association, including any authorized agent, authorized representative, or employee of a management company authorized to complete this form on behalf of the board or association.
(i) An association may not directly or indirectly charge any fee for an estoppel certificate other than those expressly authorized by this section.
The estoppel certificate must contain all of the following information and must be substantially in the following form:
Unauthorized fees or charges, whether described as a convenience fee, an archive fee, a service fee, a processing fee, a delivery fee, a credit card fee, a certification fee, a third-party fee, or any other fee or charge, are void and may be ignored by the requestor of the certificate.
1.
Date of issuance:....
2.
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Name(s) of the unit owner(s) as reflected in the books and records of the association:....
3.
Unit designation and address:....
4.
Parking or garage space number, as reflected in the books and records of the association:....
5.
Attorney's name and contact information if the account is delinquent and has been turned over to an attorney for Page 4of 24 CODING:
Words strickenare deletions;
words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 collection.
No fee may be charged for this information.
6.
Fee for the preparation and delivery of the estoppel certificate:....
7.
Name of the requestor:....
8.
Assessment information and other information:
ASSESSMENT INFORMATION:
a.
The regular periodic assessment levied against the unit is $....
per ...(insert frequency of payment)....
b.
The regular periodic assessment is paid through ...(insert date paid through)....
c.
The next installment of the regular periodic assessment is due ...(insert due date)...
in the amount of $.....
d.
An itemized list of all assessments, special assessments, and other moneys owed on the date of issuance to the association by the unit owner for a specific unit is provided.
e.
An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the estoppel certificate is provided.
In calculating the amounts that are scheduled to become due, the association may assume that any delinquent amounts will remain delinquent during the effective period of the estoppel certificate.
OTHER INFORMATION:
f.
Is there a capital contribution fee, resale fee, Page 5of 24 CODING:
Words strickenare deletions;
words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 transfer fee, or other fee due? ....(Yes) ....(No).
If yes, specify the type and the amount of the fee.
g.
Is there any open violation of rule or regulation noticed to the unit owner in the association official records? ....(Yes) ....(No).
h.
Do the rules and regulations of the association applicable to the unit require approval by the board of directors of the association for the transfer of the unit? ....(Yes) ....(No).
If yes, has the board approved the transfer of the unit? ....(Yes) ....(No).
i.
Is there a right of first refusal provided to the members or the association? ....(Yes) ....(No).
If yes, have the members or the association exercised that right of first refusal? ....(Yes) ....(No).
j.
Provide a list of, and contact information for, all other associations of which the unit is a member.
k.
Provide contact information for all insurance maintained by the association.
l.
Provide the signature of an officer or authorized agent of the association.
The association, at its option, may include additional information in the estoppel certificate.
(b) An estoppel certificate that is hand delivered or sent by electronic means has a 30-day effective period.
An estoppel certificate that is sent by regular mail has a 35-day effective Page 6of 24 CODING:
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words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 period.
If additional information or a mistake related to the estoppel certificate becomes known to the association within the effective period, an amended estoppel certificate may be delivered and becomes effective if a sale or refinancing of the unit has not been completed during the effective period.
A fee may not be charged for an amended estoppel certificate.
An amended estoppel certificate must be delivered on the date of issuance, and a new 30-day or 35-day effective period begins on such date.
(c) An association waives the right to collect any moneys owed in excess of the amounts specified in the estoppel certificate from any person who in good faith relies upon the estoppel certificate and from the person's successors and assigns.
(d) If an association receives a request for an estoppel certificate from a unit owner or the unit owner's designee, or a unit mortgagee or the unit mortgagee's designee, and fails to deliver the estoppel certificate within 5 10 business days, a fee may not be charged for the preparation and delivery of that estoppel certificate.
(e) A summary proceeding pursuant to s.
51.011 may be brought to compel compliance with this subsection, and in any such action the prevailing party is entitled to recover reasonable attorney fees.
(f) Notwithstanding any limitation on transfer fees Page 7of 24 CODING:
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words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 contained in s.
718.112(2)(k), an association or its authorized agent may charge a reasonable fee for the preparation and delivery of an estoppel certificate, which may not exceed $250, if, on the date the certificate is issued, no delinquent amounts are owed to the association for the applicable unit.
If an estoppel certificate is requested on an expedited basis and delivered within 3 business days after the request, the association may charge an additional fee of $100.
If a delinquent amount is owed to the association for the applicable unit, an additional fee for the estoppel certificate may not exceed $150.
(g) If estoppel certificates for multiple units owned by the same owner are simultaneously requested from the same association and there are no past due monetary obligations owed to the association, the statement of moneys due for those units may be delivered in one or more estoppel certificates, and, even though the fee for each unit shall be computed as set forth in paragraph (f), the total fee that the association may charge for the preparation and delivery of the estoppel certificates may not exceed, in the aggregate:
1.
For 25 or fewer units, $750.
2.
For 26 to 50 units, $1,000.
3.
For 51 to 100 units, $1,500.
4.
For more than 100 units, $2,500.
(h) The authority to charge a fee for the preparation and Page 8of 24 CODING:
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words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 delivery of the estoppel certificate must be established annually by a written resolution adopted by the board or provided by a written management, bookkeeping, or maintenance contract.
(i) An association or a closing agent may not directly or indirectly charge a fee for an estoppel certificate other than those expressly authorized by this section.
Unauthorized fees or charges, whether described as a convenience fee, an archive fee, a service fee, a processing fee, a delivery fee, a credit card fee, a certification fee, a third-party fee, or any other fee or charge, are void and may be ignored by the requestor of the estoppel certificate.
If the closing does not occur, the fee for the preparation and delivery of the estoppel certificate is payable by the unit owner upon the expiration of the 30-day or 35-day effective period of the certificate.
If the closing does not occur, the fee for the preparation and delivery of the estoppel certificate is payable by the unit owner upon the expiration of the 30-day or 35-day effective period of the estoppel certificate.
The association may collect the fee Page 3of 8 CODING:
The association may collect the fee in the same manner as an assessment against the unit.
and is payable upon the preparation of the certificate.
If the certificate is requested in conjunction with the sale or mortgage of a unit but the closing does not occur and no later than 30 days after the closing date for which the certificate Page 9of 24 CODING:
hb0979-02-c2 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 CS/CS/HB979 2024 in the same manner as an assessment against the unit and is payable upon the preparation of the certificate.
hb0979-01-c1 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 CS/HB979 2024 was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the unit owner, the fee shall be refunded to that payor within 30 days after receipt of the request.
If the certificate is requested in conjunction with the sale or mortgage of a unit but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the unit owner, the fee shall be refunded to that payor within 30 days after receipt of the request.
Section 3.
(i) The fees specified in this subsection shall be adjusted every 5 years in an amount equal to the total of the annual increases for that 5-year period in the Consumer Price Index for All Urban Consumers, U.S.
Paragraph (i) of subsection (6) of section 719.108, Florida Statutes, is redesignated as paragraph (k), paragraph (h) is amended, and new paragraphs (i) and (j) are added to that subsection, to read:
City Average, All Items.
The Department of Business and Professional Regulation shall periodically calculate the fees, rounded to the nearest dollar, and publish the amounts, as adjusted, on its website.
Section 4.
Subsection (6) of section 719.108, Florida Statutes, is amended to read:
cooperative ownership.— (6) Within 10 business days after receiving a written or electronic request for an estoppel certificate from a unit owner or the unit owner's designee, or a unit mortgagee or the unit Page 4of 8 CODING:
cooperative ownership.— (6) Within 5 10 business days after receiving a written or electronic request for an estoppel certificate from a unit owner or the unit owner's designee, or a unit mortgagee or the unit Page 10 of24 CODING:
hb0979-02-c2 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 CS/CS/HB979 2024 mortgagee's designee, the association shall issue the estoppel certificate.
hb0979-01-c1 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 CS/HB979 2024 mortgagee's designee, the association shall issue the estoppel certificate.
(h) The authority to charge a fee for the preparation and delivery of the estoppel certificate must be established annually by a written resolution adopted by the board or provided by a written management, bookkeeping, or maintenance contract.
(a) An estoppel certificate may be completed by any board member, authorized agent, or authorized representative of the association, including any authorized agent, authorized representative, or employee of a management company authorized to complete this form on behalf of the board or association.
(i) An association may not directly or indirectly charge any fee for an estoppel certificate other than those expressly authorized by this section.
The estoppel certificate must contain all of the following information and must be substantially in the following form:
Unauthorized fees or charges, whether described as a convenience fee, an archive fee, a service fee, a processing fee, a delivery fee, a credit card fee, a certification fee, a third-party fee, or any other fee or charge, are void and may be ignored by the requestor of the certificate.
1.
Date of issuance:....
2.
Name(s) of the unit owner(s) as reflected in the books and records of the association:....
3.
Unit designation and address:....
4.
Parking or garage space number, as reflected in the books and records of the association:....
5.
Attorney's name and contact information if the account is delinquent and has been turned over to an attorney for collection.
No fee may be charged for this information.
6.
Fee for the preparation and delivery of the estoppel certificate:....
Page 11 of24 CODING:
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words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 7.
Name of the requestor:....
8.
Assessment information and other information:
ASSESSMENT INFORMATION:
a.
The regular periodic assessment levied against the unit is $....
per ...(insert frequency of payment)....
b.
The regular periodic assessment is paid through ...(insert date paid through)....
c.
The next installment of the regular periodic assessment is due ...(insert due date)...
in the amount of $.....
d.
An itemized list of all assessments, special assessments, and other moneys owed by the unit owner on the date of issuance to the association for a specific unit is provided.
e.
An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the estoppel certificate is provided.
In calculating the amounts that are scheduled to become due, the association may assume that any delinquent amounts will remain delinquent during the effective period of the estoppel certificate.
OTHER INFORMATION:
f.
Is there a capital contribution fee, resale fee, transfer fee, or other fee due? ....(Yes) ....(No).
If yes, specify the type and amount of the fee.
g.
Is there any open violation of rule or regulation noticed to the unit owner in the association official records? Page 12 of24 CODING:
Words strickenare deletions;
words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 ....(Yes) ....(No).
h.
Do the rules and regulations of the association applicable to the unit require approval by the board of directors of the association for the transfer of the unit? ....(Yes) ....(No).
If yes, has the board approved the transfer of the unit? ....(Yes) ....(No).
i.
Is there a right of first refusal provided to the members or the association? ....(Yes) ....(No).
If yes, have the members or the association exercised that right of first refusal? ....(Yes) ....(No).
j.
Provide a list of, and contact information for, all other associations of which the unit is a member.
k.
Provide contact information for all insurance maintained by the association.
l.
Provide the signature of an officer or authorized agent of the association.
The association, at its option, may include additional information in the estoppel certificate.
(b) An estoppel certificate that is hand delivered or sent by electronic means has a 30-day effective period.
An estoppel certificate that is sent by regular mail has a 35-day effective period.
If additional information or a mistake related to the estoppel certificate becomes known to the association within the effective period, an amended estoppel certificate may be Page 13 of24 CODING:
Words strickenare deletions;
words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 delivered and becomes effective if a sale or refinancing of the unit has not been completed during the effective period.
A fee may not be charged for an amended estoppel certificate.
An amended estoppel certificate must be delivered on the date of issuance, and a new 30-day or 35-day effective period begins on such date.
(c) An association waives the right to collect any moneys owed in excess of the amounts specified in the estoppel certificate from any person who in good faith relies upon the estoppel certificate and from the person's successors and assigns.
(d) If an association receives a request for an estoppel certificate from a unit owner or the unit owner's designee, or a unit mortgagee or the unit mortgagee's designee, and fails to deliver the estoppel certificate within 5 10 business days, a fee may not be charged for the preparation and delivery of that estoppel certificate.
(e) A summary proceeding pursuant to s.
51.011 may be brought to compel compliance with this subsection, and in any such action the prevailing party is entitled to recover reasonable attorney fees.
(f) Notwithstanding any limitation on transfer fees contained in s.
719.106(1)(i), an association or its authorized agent may charge a reasonable fee for the preparation and delivery of an estoppel certificate, which may not exceed $250 Page 14 of24 CODING:
Words strickenare deletions;
words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 if, on the date the certificate is issued, no delinquent amounts are owed to the association for the applicable unit.
If an estoppel certificate is requested on an expedited basis and delivered within 3 business days after the request, the association may charge an additional fee of $100.
If a delinquent amount is owed to the association for the applicable unit, an additional fee for the estoppel certificate may not exceed $150.
(g) If estoppel certificates for multiple units owned by the same owner are simultaneously requested from the same association and there are no past due monetary obligations owed to the association, the statement of moneys due for those units may be delivered in one or more estoppel certificates, and, even though the fee for each unit shall be computed as set forth in paragraph (f), the total fee that the association may charge for the preparation and delivery of the estoppel certificates may not exceed, in the aggregate:
1.
For 25 or fewer units, $750.
2.
For 26 to 50 units, $1,000.
3.
For 51 to 100 units, $1,500.
4.
For more than 100 units, $2,500.
(h) The authority to charge a fee for the preparation and delivery of the estoppel certificate must be established annually by a written resolution adopted by the board or provided by a written management, bookkeeping, or maintenance Page 15 of24 CODING:
Words strickenare deletions;
words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 contract.
(i) An association or a closing agent may not directly or indirectly charge a fee for an estoppel certificate other than those expressly authorized by this section.
Unauthorized fees or charges, whether described as a convenience fee, an archive fee, a service fee, a processing fee, a delivery fee, a credit card fee, a certification fee, a third-party fee, or any other fee or charge, are void and may be ignored by the requestor of the estoppel certificate.
If the closing does not occur, the fee for the preparation and Page 5of 8 CODING:
If the closing does not occur, the fee for the preparation and delivery of the estoppel certificate is payable by the unit owner upon the expiration of the 30-day or 35-day effective period of the estoppel certificate.
The association may collect the fee in the same manner as an assessment against the unit.
and is payable upon the preparation of the certificate.
If the certificate is requested in conjunction with the sale or mortgage of a parcel but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the parcel owner, the fee shall be refunded to Page 16 of24 CODING:
hb0979-02-c2 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 CS/CS/HB979 2024 delivery of the estoppel certificate is payable by the unit owner upon the expiration of the 30-day or 35-day effective period of the certificate.
hb0979-01-c1 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 CS/HB979 2024 that payor within 30 days after receipt of the request.
The association may collect the fee in the same manner as an assessment against the unit and is payable upon the preparation of the certificate.
If the certificate is requested in conjunction with the sale or mortgage of a parcel but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the parcel owner, the fee shall be refunded to that payor within 30 days after receipt of the request.
Section 4.
(i) The fees specified in this subsection shall be adjusted every 5 years in an amount equal to the total of the annual increases for that 5-year period in the Consumer Price Index for All Urban Consumers, U.S.
Subsection (9) of section 720.30851, Florida Statutes, is renumbered as subsection (11), subsection (8) is amended, and new subsections (9) and (10) are added to that section, to read:
City Average, All Items.
720.30851 Estoppel certificates.—Within 10 business days after receiving a written or electronic request for an estoppel Page 6of 8 CODING:
The Department of Business and Professional Regulation shall periodically calculate the fees, rounded to the nearest dollar, and publish the amounts, as adjusted, on its website.
Section 5.
Section 720.30851, Florida Statutes, is amended to read:
720.30851 Estoppel certificates.—Within 5 10 business days after receiving a written or electronic request for an estoppel certificate from a parcel owner or the parcel owner's designee, or a parcel mortgagee or the parcel mortgagee's designee, the association shall issue the estoppel certificate.
Each association shall designate on its website a person or entity with a street or e-mail address for receipt of a request for an estoppel certificate issued pursuant to this section.
The Page 17 of24 CODING:
hb0979-02-c2 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 CS/CS/HB979 2024 certificate from a parcel owner or the parcel owner's designee, or a parcel mortgagee or the parcel mortgagee's designee, the association shall issue the estoppel certificate.
hb0979-01-c1 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 CS/HB979 2024 estoppel certificate must be provided by hand delivery, regular mail, or e-mail to the requestor on the date of issuance of the estoppel certificate.
Each association shall designate on its website a person or entity with a street or e-mail address for receipt of a request for an estoppel certificate issued pursuant to this section.
(1) An estoppel certificate may be completed by any board member, authorized agent, or authorized representative of the association, including any authorized agent, authorized representative, or employee of a management company authorized to complete this form on behalf of the board or association.
The estoppel certificate must be provided by hand delivery, regular mail, or e-mail to the requestor on the date of issuance of the estoppel certificate.
The estoppel certificate must contain all of the following information and must be substantially in the following form:
(a) Date of issuance:....
(b) Name(s) of the parcel owner(s) as reflected in the books and records of the association:....
(c) Parcel designation and address:....
(d) Parking or garage space number, as reflected in the books and records of the association:....
(e) Attorney's name and contact information if the account is delinquent and has been turned over to an attorney for collection.
No fee may be charged for this information.
(f) Fee for the preparation and delivery of the estoppel certificate:....
(g) Name of the requestor:....
(h) Assessment information and other information:
ASSESSMENT INFORMATION:
1.
The regular periodic assessment levied against the Page 18 of24 CODING:
Words strickenare deletions;
words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 parcel is $....
per ...(insert frequency of payment)....
2.
The regular periodic assessment is paid through ...(insert date paid through)....
3.
The next installment of the regular periodic assessment is due ...(insert due date)...
in the amount of $.....
4.
An itemized list of all assessments, special assessments, and other moneys owed on the date of issuance to the association by the parcel owner for a specific parcel is provided.
5.
An itemized list of any additional assessments, special assessments, and other moneys that are scheduled to become due for each day after the date of issuance for the effective period of the estoppel certificate is provided.
In calculating the amounts that are scheduled to become due, the association may assume that any delinquent amounts will remain delinquent during the effective period of the estoppel certificate.
OTHER INFORMATION:
6.
Is there a capital contribution fee, resale fee, transfer fee, or other fee due? ....(Yes) ....(No).
If yes, specify the type and amount of the fee.
7.
Is there any open violation of rule or regulation noticed to the parcel owner in the association official records? ....(Yes) ....(No).
8.
Do the rules and regulations of the association applicable to the parcel require approval by the board of Page 19 of24 CODING:
Words strickenare deletions;
words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 directors of the association for the transfer of the parcel? ....(Yes) ....(No).
If yes, has the board approved the transfer of the parcel? ....(Yes) ....(No).
9.
Is there a right of first refusal provided to the members or the association? ....(Yes) ....(No).
If yes, have the members or the association exercised that right of first refusal? ....(Yes) ....(No).
10.
Provide a list of, and contact information for, all other associations of which the parcel is a member.
11.
Provide contact information for all insurance maintained by the association.
12.
Provide the signature of an officer or authorized agent of the association.
The association, at its option, may include additional information in the estoppel certificate.
(2) An estoppel certificate that is hand delivered or sent by electronic means has a 30-day effective period.
An estoppel certificate that is sent by regular mail has a 35-day effective period.
If additional information or a mistake related to the estoppel certificate becomes known to the association within the effective period, an amended estoppel certificate may be delivered and becomes effective if a sale or refinancing of the parcel has not been completed during the effective period.
A fee may not be charged for an amended estoppel certificate.
An amended estoppel certificate must be delivered on the date of Page 20 of24 CODING:
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words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 issuance, and a new 30-day or 35-day effective period begins on such date.
(3) An association waives the right to collect any moneys owed in excess of the amounts specified in the estoppel certificate from any person who in good faith relies upon the estoppel certificate and from the person's successors and assigns.
(4) If an association receives a request for an estoppel certificate from a parcel owner or the parcel owner's designee, or a parcel mortgagee or the parcel mortgagee's designee, and fails to deliver the estoppel certificate within 5 10 business days, a fee may not be charged for the preparation and delivery of that estoppel certificate.
(5) A summary proceeding pursuant to s.
51.011 may be brought to compel compliance with this section, and the prevailing party is entitled to recover reasonable attorney fees.
(6) An association or its authorized agent may charge a reasonable fee for the preparation and delivery of an estoppel certificate, which may not exceed $250, if, on the date the certificate is issued, no delinquent amounts are owed to the association for the applicable parcel.
If an estoppel certificate is requested on an expedited basis and delivered within 3 business days after the request, the association may charge an additional fee of $100.
If a delinquent amount is owed Page 21 of24 CODING:
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words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 to the association for the applicable parcel, an additional fee for the estoppel certificate may not exceed $150.
(7) If estoppel certificates for multiple parcels owned by the same owner are simultaneously requested from the same association and there are no past due monetary obligations owed to the association, the statement of moneys due for those parcels may be delivered in one or more estoppel certificates, and, even though the fee for each parcel shall be computed as set forth in subsection (6), the total fee that the association may charge for the preparation and delivery of the estoppel certificates may not exceed, in the aggregate:
(a) For 25 or fewer parcels, $750.
(b) For 26 to 50 parcels, $1,000.
(c) For 51 to 100 parcels, $1,500.
(d) For more than 100 parcels, $2,500.
(9) An association may not directly or indirectly charge any fee for an estoppel certificate other than those expressly authorized by this section.
(9) An association or a closing agent may not directly or indirectly charge a fee for an estoppel certificate other than those expressly authorized by this section.
Unauthorized fees or charges, whether described as a convenience fee, an archive fee, a service fee, a processing fee, a delivery fee, a credit card fee, a certification fee, a third-party fee, or any other fee or charge, are void and may be ignored by the requestor of the certificate.
Unauthorized fees or charges, whether described as a convenience fee, an archive fee, a service fee, a processing fee, a delivery fee, a credit card Page 22 of24 CODING:
(10) If an estoppel certificate is requested in conjunction with the sale or refinancing of a parcel, the fee for the preparation and delivery of the estoppel certificate Page 7of 8 CODING:
hb0979-02-c2 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 CS/CS/HB979 2024 must be paid to the association from the closing or settlement proceeds.
hb0979-01-c1 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 CS/HB979 2024 fee, a certification fee, a third-party fee, or any other fee or charge, are void and may be ignored by the requestor of the estoppel certificate.
If the closing does not occur, the fee for the preparation and delivery of the estoppel certificate is payable by the unit owner upon the expiration of the 30-day or 35-day effective period of the certificate.
(10) If an estoppel certificate is requested in conjunction with the sale or refinancing of a parcel, the fee for the preparation and delivery of the estoppel certificate must be paid to the association from the closing or settlement proceeds.
The association may collect the fee in the same manner as an assessment against the parcel and is payable upon the preparation of the certificate.
If the closing does not occur, the fee for the preparation and delivery of the estoppel certificate is payable by the unit owner upon the expiration of the 30-day or 35-day effective period of the estoppel certificate.
The association may collect the fee in the same manner as an assessment against the parcel.
and is payable upon the preparation of the certificate.
The prevailing party in any action brought to enforce a right of reimbursement shall be awarded damages and all applicable attorney fees and costs.
The prevailing party in any action brought to Page 23 of24 CODING:
Section 5.
Words strickenare deletions;
words underlined are additions.
hb0979-01-c1 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 CS/HB979 2024 enforce a right of reimbursement shall be awarded damages and all applicable attorney fees and costs.
(9) The fees specified in this section shall be adjusted every 5 years in an amount equal to the total of the annual increases for that 5-year period in the Consumer Price Index for All Urban Consumers, U.S.
City Average, All Items.
The Department of Business and Professional Regulation shall periodically calculate the fees, rounded to the nearest dollar, and publish the amounts, as adjusted, on its website.
Section 6.
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hb0979-02-c2
hb0979-01-c1
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Action History

  1. Laid on Table

  2. Added to Second Reading Calendar

  3. Bill referred to House Calendar

  4. 1st Reading (Committee Substitute 2)

  5. CS Filed

  6. Laid on Table under Rule 7.18(a)

  7. Reported out of Judiciary Committee

  8. Favorable with CS by Judiciary Committee

  9. PCS added to Judiciary Committee agenda

  10. 1st Reading (Committee Substitute 1)

  11. Now in Judiciary Committee

  12. Referred to Judiciary Committee

  13. CS Filed

  14. Laid on Table under Rule 7.18(a)

  15. Reported out of Civil Justice Subcommittee

  16. Favorable with CS by Civil Justice Subcommittee

  17. Added to Civil Justice Subcommittee agenda

  18. 1st Reading (Original Filed Version)

  19. Now in Civil Justice Subcommittee

  20. Referred to Judiciary Committee

  21. Referred to Civil Justice Subcommittee

  22. Filed

Sponsors

Sponsorship breakdown

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3 sponsors · 3 co-sponsors · 158 not signed on · 5 voted No

Sponsors (3)

Co-sponsors (3)

Not signed on (158)

158 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Votes

Favorable (Judiciary Committee)

Passed 17 Yea · 0 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 2000
Democrat 6001
Republican 9004
Total 17005
% of votes cast 77%0%0%23%
How each member voted (22)
Member Party Vote
Altman — Yea
Payne — Yea
Bracy Davis, LaVon Democrat Yea
Chambliss, Kevin D. Democrat Not Voting
Gottlieb, Michael "Mike" Democrat Yea
Gregory, Emily Democrat Yea
Hart-Lowman, Dianne "Ms Dee" Democrat Yea
Hinson, Yvonne Hayes Democrat Yea
Joseph, Dotie Democrat Yea
Barnaby, Webster Republican Not Voting
Botana, Adam Republican Yea
Brannan III, Robert Charles "Chuck" Republican Not Voting
Chamberlin, Ryan Republican Yea
Giallombardo, Mike Republican Yea
Jacques, Berny Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
Overdorf, Tobin Rogers "Toby" Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Snyder, John Republican Not Voting
Stark, Paula A. Republican Yea
Truenow, Keith L. Republican Not Voting

Official roll call →

Favorable With Committee Substitute (Civil Justice Subcommittee)

Passed 11 Yea · 5 Nay · 2 Other
Party YeaNayPresentNot Voting
Democrat 2300
Unaffiliated 2000
Republican 7201
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Beltran — Yea
Roth — Yea
Arrington, Kristen Aston Democrat Nay
Campbell, Daryl Democrat Nay
Daniels, Kimberly Democrat Yea
Gantt, Ashley Viola Democrat Nay
López, Johanna Democrat Yea
Black, Dean Republican Not Voting
Chamberlin, Ryan Republican Yea
Maggard, Randall Scott "Randy" Republican Yea
Maney, Patt Republican Yea
McFarland, Fiona Republican Nay
Overdorf, Tobin Rogers "Toby" Republican Yea
Robinson Jr., William Cloud "Will" Republican Yea
Sirois, Tyler I. Republican Yea
Smith, David Republican Nay
Snyder, John Republican Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does HB 979 do?
Estoppel Certificates; Requires community association to annually establish authority to charge fee for preparation & delivery of estoppel certificate; prohibits association from directly or indirectly charging fees that are not authorized by law for estoppel certificate; specifies methods for paying fee for preparation & delivery of estoppel certificate.
Who sponsors HB 979?
HB 979 is sponsored by Judiciary Committee, Fabricio, Tom (Republican), Roach, Stark, Paula A. (Republican), Civil Justice Subcommittee, and Persons-Mulicka, Jenna (Republican).
What is the current status of HB 979?
This bill died with 2024 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track HB 979?
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