[CLC-Discussion] Chapter 489 - Repairs to mobile homes

[Gibbons, Michael]

Brian,
            I think the answer is "it depends".   Under Fla. Stat. s. 320.015(1) "A mobile home is to be considered real property only when the owner of the mobile home is also the owner of the land on which the mobile home is situated and said mobile home is permanently affixed thereto".  The foregoing statute relates to taxation of a mobile home.    Mobile homes are regulated under Chapters 319 and 320 applicable to motor vehicles and not real estate.   Assuming the mobile home is legally a "motor vehicle" it would be strange to require a contractor's license under Ch. 489 to be required for repair of such motor vehicle.

           Looking at the definitions under Ch. 713, a mobile home with  wheels present and that is not permanently fixed to the land on which it is located would not be an "improvement" as defined under 713.01.  The terms "improve" and "improvement" under 713.01 denote permanency inconsistent with the notion of a motor vehicle that can be readily driven off a piece of land.  The definition of "Contractor" under 713.01 similarly requires the presence of a contract with the "owner of real property" for improving it.  If the mobile home is not real property, then the person working on it under contract is not, by definition, a "contractor".   On the  other hand, if the "mobile home"  has had the wheels removed and is attached to a slab or otherwise fixed to the land on which it rests, then it would appear to look more like an improvement for which Ch. 713 and Ch. 489 would apply.  Assuming the owner of the mobile home also owned the real property on which the mobile home is located and has been issued the "RP" sticker by the local taxing authority, then it would appear to fall within the 489 and 713 definitions.

Michael Gibbons
Shareholder
215 N. Eola Dr. | Orlando, FL 32801
D: 407.418.6378 | P: 407.843.4600
Email<mailto:Michael.Gibbons at lowndes-law.com> | Website<http://lowndes-law.com> | Bio<lowndes-law.com/people/Michael-Gibbons> | VCard<https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64>



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LOCAL ROOTS. BROAD REACH. SM


From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, April 2, 2020 1:00 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Chapter 489 - Repairs to mobile homes

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I am trying to determine if the license requirements under Chapter 489 also apply to work on mobile homes? Thoughts?

Volk Law Offices, P.A.
Brian D. Solomon, Esquire
One Harbor Place
1901 S. Harbor City Blvd.
Suite 700
Melbourne, FL 32901
321.726.8338 telephone
bsolomon at volklawoffices.com<mailto:bsolomon at volklawoffices.com>

Board Certified in Construction Law

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