TECHNICAL ADVISORY

DIVISION OF MOTOR VEHICLES

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To: Tax Collectors and License Plate Agents

From: Carl A. Ford, Director

Subject: 2004 Legislative Changes Which Will Effect Title Procedures

Advisory Date: 06/23/04

Advisory Number: T04-06

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As a result of the passage of House Bill 0011, the following changes/amendments will become effective July 1, 2004:

Section 319.23(11) All titles, manufacturers' statements of origin, applications, and supporting documents submitted with the application, including, but not limited to, odometer statements, vehicle identification number verifications, bills of sale, indicias of ownership, dealer reassignments, photographs, and any personal identification, affidavits, or documents required by or submitted to the department, shall be retained by the department for not less than 10 years.

The revised/updated pages of DMV Procedure TL-07 have been posted on the department's website at:

http://www3.hsmv.state.fl.us/Intranet/dmv/Manuals/DMVProcedures/BTR/tl/TL-07.pdf.

As a result of the passage of Senate Bill 1414, the following was amended and became effective June 10, 2004.

Section 319.261(2) The title to the mobile home may be retired by the department if the owner of the real property records the following documents in the official records of the clerk of court in the county in which the real property is located:

(a) The original title to the mobile home shall include a description of the mobile home, including model year, make, width, length, and vehicle identification number, and a statement by any recorded lienholder on the title that the security interest in the home has been released, or that such security interest will be released upon retirement of the title as set forth in this section.

NOTE: This deleted the requirement that the manufacturer's certificate of origin be recorded with the clerk of the court in order for the department to retire a title to a mobile home. Therefore, a mobile home must be titled and registered prior to being retired.

(3) The clerk of court, upon receipt of the documents set forth in subsection (2), shall record said documents against the real property and provide a copy of the recorded title to the owner of the real property with a copy of all the documents recorded pursuant to subsection (2).

(6) The owner of the real property with a recorded and retired title shall file an application with the department to issue a new title to the mobile home, if the mobile home is to be removed from the real property. The department shall issue a new title upon receipt of an application from the owner of the real property containing the following information:

(a) An affidavit signed by the owners of the land and all secured parties and other lienholders consenting to the removal of the home.

(b) A certification from a title insurance company listing the owners and all secured parties and other lienholders, which is dated within 10 days of the date of application for a new title under this subsection.

The revised/updated pages of DMV Procedure TL-39 have been posted on the department's website at:

http://www3.hsmv.state.fl.us/Intranet/dmv/Manuals/DMVProcedures/BTR/tl/TL-39.pdf.

As a result of the passage of House Bill 1737, section 119.07, was amended/revised and will become effective October 1, 2004. The following is a list of those amendments:

Amended the exemption requirements of public records for personal information contained in a motor vehicle record; removing the requirement that the exemption be conditioned on a request for exemption by the person who is the subject of the record; revising certain conditions under which the department may release information in connection with a legal proceeding; revising conditions for the release of information for bulk distribution use; providing for release of information when the department has obtained consent from the subject of the record; providing that the restrictions on the disclosure of information do not affect the use of organ donor information; and providing for future repeal and legislative review; providing legislative finding of public necessity.

The revised form HSMV 85054, Motor Vehicle/Vessel Records Request, will be posted on the department's website prior to the effective date (October 1, 2004).

If you have any questions or need further assistance, please contact your Help Desk Representative.

CAF/gra