HB 1431 2003
1	CHAMBER ACTION
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6	The Committee on Finance & Tax recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to mobile homes; creating s. 319.261,
12	F.S.; providing a process to retire title to a mobile
13	home; defining "real property owned by that same person";
14	providing procedures; requiring the clerk of court to
15	record certain documents and provide copies to the owner;
16	requiring the clerk of court to provide a copy of the
17	recorded title or manufacturers' certificate of origin to
18	the owner; providing for the owner or lienholder of the
19	mobile home to file an application with the Department of
20	Highway Safety and Motor Vehicles; providing for that
21	department to retire the title; requiring notice to the
22	applicant; providing for that department to issue a new
23	title; providing for conveyance of such mobile home;
24	providing for perfecting, realizing, and foreclosure of
25	security interests; providing penalties; providing for
26	application and construction of the act; providing for
27	severability; providing an effective date.
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29	Be It Enacted by the Legislature of the State of Florida:
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31	Section 1. Section 319.261, Florida Statutes, is created
32	to read:
33	319.261 Real property transactions; retiring title to
34	mobile home.--
35	(1) This section shall provide a process by which the
36	owner of a mobile home which is permanently affixed to real
37	property owned by that same person may permanently retire the
38	title to the mobile home. For purposes of this section, the term
39	"real property owned by that same person" shall include any
40	tenancy of a recorded leasehold interest in the real property
41	for a term of 30 years or more.
42	(2) The title to the mobile home may be retired by the
43	department if the owner of the real property records the
44	following documents in the official records of the clerk of
45	court in the county in which the real property is located:
46	a. The original title to the mobile home, or for a new
47	home the manufacturers' certificate of origin, which document
48	shall include a description of the mobile home, including model
49	year, make, width, length, and vehicle identification number,
50	and a statement by any recorded lienholder on the title that the
51	security interest in the home has been released, or that such
52	security interest will be released upon retirement of the title
53	as set forth in this section.
54	b. The legal description of the real property, and in the
55	case of a leasehold interest, a copy of the lease agreement.
56	c. A sworn statement by the owner of the real property, as
57	shown on the real property deed or lease, that he or she is the
58	owner of the mobile home and that the home is permanently
59	affixed to the real property in accordance with state law.
60	(3) The clerk of court, upon receipt of the documents set
61	forth in subsection (2), shall record said documents against the
62	real property and provide a copy of the recorded title or
63	manufacturers' certificate of origin to the owner of the real
64	property with a copy of all the documents recorded pursuant to
65	subsection (2).
66	(4) The owner of the mobile home, or lienholder as shown
67	on the certificate of title pursuant to power of attorney from
68	the owner of the mobile home, shall file an application with the
69	department for retirement of the title to the mobile home after
70	completing the requirements in subsections (2) and (3). The
71	department shall retire the title upon receipt of an application
72	from the owner of the mobile home or lienholder requesting
73	retirement of the title, accompanied by documents listed in
74	subsection (2) which have been recorded by the clerk of court
75	pursuant to subsection (3). Upon retirement of the title, the
76	department shall notify the applicant that the title has been
77	retired.
78	(5) A mobile home whose title has been retired pursuant to
79	this section shall be conveyed by deed or real estate contract
80	and shall only be transferred together with the property to
81	which it is affixed, unless procedures described in this section
82	for issuance of a new title are followed.
83	(6) The owner of the real property with a recorded and
84	retired title shall file an application with the department to
85	issue a new title to the mobile home, if the mobile home is to
86	be removed from the real property. The department shall issue a
87	new title upon receipt of an application from the owner of the
88	real property containing the following information:
89	a. An affidavit signed by the owners of the land and all
90	secured parties and other lienholders consenting to the removal
91	of the home.
92	b. A certification from a title insurance company listing
93	the owners and all secured parties and other lienholders, which
94	is dated within 10 days after the date of application for a new
95	title under this subsection.
96	(7) If the title has been retired pursuant to this
97	section, for purposes of perfecting, realizing, and foreclosure
98	of security interests, a separate security interest in the
99	mobile home shall not exist, and the mobile home shall only be
100	secured as part of the real property through a mortgage or deed
101	of trust. This section in no way modifies or changes the
102	existing common law.
103	(8) A mobile home whose title has been retired shall be
104	conveyed by deed or real estate contract and shall only be
105	transferred together with the property to which it is affixed.
106	(9) Every person who falsifies or intentionally omits
107	material information required in an affidavit, or otherwise
108	intentionally violates a material provision of this section,
109	commits a misdemeanor of the second degree.
110	(10) This section applies to the sale or transfer of
111	mobile homes occurring on or after the effective date of this
112	section, or to any person who voluntarily elects to retire the
113	title to the mobile home pursuant to this section.
114	(11) Nothing in this section shall be construed to affect
115	the taxation of mobile homes.
116	Section 2. If any provision of this act or its application
117	to any person or circumstance is held invalid, the remainder of
118	the act or the application of the provision to other persons or
119	circumstances is not affected.
120	Section 3. This act shall take effect upon becoming a law.