Senate Bill sb2550c2

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    Florida Senate - 2003                    CS for CS for SB 2550

    By the Committees on Transportation; Comprehensive Planning;
    and Senator Sebesta




    306-2494-03

  1                      A bill to be entitled

  2         An act relating to mobile homes; creating s.

  3         319.261, F.S.; providing a process to retire

  4         title to a mobile home; defining "real property

  5         owned by that same person"; providing

  6         procedures; requiring the clerk of court to

  7         record certain documents and provide copies to

  8         the owner; requiring the clerk of court to

  9         provide a copy of the recorded title or

10         manufacturers' certificate of origin to the

11         owner; providing for the owner or lienholder of

12         the mobile home to file an application with the

13         Department of Highway Safety and Motor

14         Vehicles; providing for that department to

15         retire the title; requiring notice to the

16         applicant; providing procedures for that

17         department to issue a new title; providing for

18         conveyance of such mobile home; providing for

19         perfecting, realizing, and foreclosure of

20         security interests; prohibiting falsifying or

21         omitting material or violating the section

22         otherwise; providing penalties; providing for

23         application and construction of the act;

24         providing for severability; providing an

25         effective date.

26  

27  Be It Enacted by the Legislature of the State of Florida:

28  

29         Section 1.  Section 319.261, Florida Statutes, is

30  created to read:

31  

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    Florida Senate - 2003                    CS for CS for SB 2550
    306-2494-03




 1         319.261  Real property transactions; retiring title to

 2  mobile home.--

 3         (1)  This section shall provide a process by which the

 4  owner of a mobile home that is permanently affixed to real

 5  property owned by that same person may permanently retire the

 6  title to the mobile home. For purposes of this section, the

 7  term "real property owned by that same person" shall include

 8  any tenancy of a recorded leasehold interest in the real

 9  property for a term of 30 years or more.

10         (2)  The title to the mobile home may be retired by the

11  department if the owner of the real property records the

12  following documents in the official records of the clerk of

13  court in the county in which the real property is located:

14         (a)  The original title to the mobile home, or for a

15  new home the manufacturers' certificate of origin, which

16  document shall include a description of the mobile home,

17  including model year, make, width, length, and vehicle

18  identification number, and a statement by any recorded

19  lienholder on the title that the security interest in the home

20  has been released, or that such security interest will be

21  released upon retirement of the title as set forth in this

22  section.

23         (b)  The legal description of the real property, and in

24  the case of a leasehold interest, a copy of the lease

25  agreement.

26         (c)  A sworn statement by the owner of the real

27  property, as shown on the real property deed or lease, that he

28  or she is the owner of the mobile home and that the home is

29  permanently affixed to the real property in accordance with

30  state law.

31  

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    Florida Senate - 2003                    CS for CS for SB 2550
    306-2494-03




 1         (3)  The clerk of court, upon receipt of the documents

 2  set forth in subsection (2), shall record such documents

 3  against the real property and provide a copy of the recorded

 4  title or manufacturers' certificate of origin to the owner of

 5  the real property with a copy of all of the documents recorded

 6  pursuant to subsection (2).

 7         (4)  The owner of the mobile home, or lienholder as

 8  shown on the certificate of title pursuant to power of

 9  attorney from the owner of the mobile home, shall file an

10  application with the department for retirement of the title to

11  the mobile home after completing the requirements in

12  subsections (2) and (3). The department shall retire the title

13  upon receipt of an application from the owner of the mobile

14  home or lienholder requesting retirement of the title,

15  accompanied by documents listed in subsection (2) which have

16  been recorded by the clerk of court pursuant to subsection

17  (3). Upon retirement of the title, the department shall notify

18  the applicant that the title has been retired.

19         (5)  A mobile home whose title has been retired

20  pursuant to this section shall be conveyed by deed or real

21  estate contract and shall only be transferred together with

22  the property to which it is affixed, unless procedures

23  described in this section for issuance of a new title are

24  followed.

25         (6)  The owner of the real property with a recorded and

26  retired title shall file an application with the department to

27  issue a new title to the mobile home, if the mobile home is to

28  be removed from the real property. The department shall issue

29  a new title upon receipt of an application from the owner of

30  the real property containing the following information:

31  

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    Florida Senate - 2003                    CS for CS for SB 2550
    306-2494-03




 1         (a)  An affidavit signed by the owners of the land and

 2  all secured parties and other lienholders consenting to the

 3  removal of the home.

 4         (b)  A certification from a title insurance company

 5  listing the owners and all secured parties and other

 6  lienholders, which is dated within 10 days after the date of

 7  application for a new title under this subsection.

 8         (7)  If the title has been retired pursuant to this

 9  section, for purposes of perfecting, realizing, and

10  foreclosure of security interests, a separate security

11  interest in the mobile home shall not exist, and the mobile

12  home shall only be secured as part of the real property

13  through a mortgage or deed of trust. This section in no way

14  modifies or changes the existing common law.

15         (8)  A mobile home whose title has been retired shall

16  be conveyed by deed or real estate contract and shall only be

17  transferred together with the property to which it is affixed.

18         (9)  Every person who falsifies or intentionally omits

19  material information required in an affidavit, or otherwise

20  intentionally violates a material provision of this section,

21  commits a misdemeanor of the second degree.

22         (10)  This section applies to the sale or transfer of

23  mobile homes occurring on or after the effective date of this

24  section, or to any person who voluntarily elects to retire the

25  title to the mobile home pursuant to this section.

26         (11)  Nothing in this section shall be construed to

27  affect the taxation of mobile homes.

28         Section 2.  If any provision of this act or its

29  application to any person or circumstance is held invalid, the

30  invalidity does not affect other provisions or applications of

31  the act which can be given effect without the invalid

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    Florida Senate - 2003                    CS for CS for SB 2550
    306-2494-03




 1  provision or application, and to this end the provisions of

 2  this act are declared severable.

 3         Section 3.  This act shall take effect upon becoming a

 4  law.

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 6          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 7                            CS/SB 2550

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 9  The CS conforms the bill to the House bill by removing
    statutory references relating to misdemeanors.
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