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

Thu Apr 2 13:01:34 PDT 2020

Gibbons is the goods!

Frederick C. Barnes, Esq.

Board Certified Construction Lawyer

500 N. Maitland Ave., Suite 305

Maitland, FL 32751

(407) 865-9200

 <http://www.fcbarneslaw.com/> www.fcbarneslaw.com  

rsz_1fcb_lrg_logo

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Gibbons, Michael
Sent: Thursday, April 02, 2020 2:46 PM
To: Brian Solomon; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Chapter 489 - Repairs to mobile homes

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 
 <mailto:Michael.Gibbons at lowndes-law.com> Email |  <http://lowndes-law.com> Website | Bio |  <https://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=64> VCard

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

CAUTION: THIS IS AN EXTERNAL EMAIL 

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

Board Certified in Construction Law

 <https://protect-us.mimecast.com/s/ewRRC4xY6qT8zjquOAHaJ/> cid:image001.jpg at 01D11BB2.EEFB99D0

This email is intended only for the use of the party to which it is addressed and may contain information that is privileged, confidential, or protected by law.  If you are not the intended recipient, you are hereby notified that any dissemination, copying or distribution of this email or its contents is strictly prohibited.  If you have received this message in error, please notify us immediately by replying to the message and deleting it from your computer.

Internet communications are not assured to be secure or clear of inaccuracies as information could be intercepted, corrupted, lost, destroyed, arrive late or incomplete, or contain viruses.  Therefore, we do not accept responsibility for any errors or omissions that are present in this email, or any attachment, that have arisen as a result of email transmission.

Notice of Confidentiality: This e-mail communication and the attachment(s) hereto, if any, are intended solely for the information and use of the addressee(s) identified above and may contain information which is legally privileged from disclosure and/or otherwise confidential. If a recipient of this e-mail communication is not an addressee (or an authorized representative of an addressee), such recipient is hereby advised that any review, disclosure, reproduction, re-transmission or other dissemination or use of this e-mail communication (or any information contained herein) is strictly prohibited. If you are not an addressee and have received this e-mail communication in error, please advise the sender of that circumstance either by reply e-mail or by telephone at (800) 356-6818, immediately delete this e-mail communication from any computer and destroy all physical copies of same. 

Replies Filtered: Any incoming reply to this e-mail communication or other e-mail communication to us will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply or other e-mail communications to us being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we cannot guarantee that we will receive your reply or other e-mail communications to us and/or that we will receive the same in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. 

[v4.30] 

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200402/fc02a28a/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 30703 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200402/fc02a28a/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 2907 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200402/fc02a28a/image003-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image004.jpg
Type: image/jpeg
Size: 6895 bytes
Desc: not available
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20200402/fc02a28a/image004-0001.jpg>