HB 1431 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; providing for that
13	department to issue a new title; providing for conveyance
14	of such mobile home; providing for perfecting, realizing,
15	and foreclosure of security interests; providing
16	penalties; providing for application and construction of
17	the act; providing for severability; providing an
18	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. A copy of the current title to the mobile home, or for
38	a new home the manufacturers' certificate of origin, which
39	document shall include a description of the mobile home,
40	including model year, make, width, length, and vehicle
41	identification number, and a statement by any recorded
42	lienholder on the title that the security interest in the home
43	has been released, or that such security interest will be
44	released upon retirement of the title as set forth in this
45	section.
46	b. The legal description of the real property, and in the
47	case of a leasehold interest, a copy of the lease agreement.
48	c. A sworn statement by the owner of the real property, as
49	shown on the real property deed or lease, that he or she is the
50	owner of the mobile home and that the home is permanently
51	affixed to the real property in accordance with state law.
52	(3) The clerk of court, upon receipt of the documents set
53	forth in subsection (2), shall record said documents against the
54	real property and provide a copy of the recorded title or
55	manufacturers' certificate of origin to the owner of the real
56	property with a copy of all the documents recorded pursuant to
57	subsection (2).
58	(4) The owner of the mobile home, or lienholder, as shown
59	on the certificate of title, 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 requesting retirement of the
64	title, accompanied by documents listed in subsection (2) which
65	have been recorded by the clerk of court pursuant to subsection
66	(3).
67	(5) A mobile home whose title has been retired pursuant to
68	this section shall be conveyed by deed or real estate contract
69	and shall only be transferred together with the property to
70	which it is affixed, unless procedures described in this section
71	for issuance of a new title are followed.
72	(6) The owner of the real property with a recorded and
73	retired title shall file an application with the department to
74	issue a new title to the mobile home, if the mobile home is to
75	be removed from the real property. The department shall issue a
76	new title upon receipt of an application from the owner of the
77	real property containing the following information:
78	a. An affidavit signed by the owners of the land and all
79	secured parties and other lienholders consenting to the removal
80	of the home.
81	b. A certification from a title insurance company listing
82	the owners and all secured parties and other lienholders, which
83	is dated within 10 days after the date of application for a new
84	title under this subsection.
85	(7) If the title has been retired pursuant to this
86	section, for purposes of perfecting, realizing, and foreclosure
87	of security interests, a separate security interest in the
88	mobile home shall not exist, and the mobile home shall only be
89	secured as part of the real property through a mortgage or deed
90	of trust. This section in no way modifies or changes the
91	existing common law.
92	(8) A mobile home whose title has been retired shall be
93	conveyed by deed or real estate contract and shall only be
94	transferred together with the property to which it is affixed.
95	(9) Every person who falsifies or intentionally omits
96	material information required in an affidavit, or otherwise
97	intentionally violates a material provision of this section,
98	commits a misdemeanor of the second degree.
99	(10) This section applies to the sale or transfer of
100	mobile homes on or after July 1, 2003, or to any person who
101	voluntarily elects to retire the title to the mobile home
102	pursuant to this section.
103	(11) Nothing in this section shall be construed to affect
104	the taxation of mobile homes.
105	Section 2. If any provision of this act or its application
106	to any person or circumstance is held invalid, the remainder of
107	the act or the application of the provision to other persons or
108	circumstances is not affected.
109	Section 3. This act shall take effect upon becoming a law.