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