The 2023 Florida Statutes
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The trial court erred in denying the County's motion for summary judgment because the Developer's cause of action is barred by the doctrine of sovereign immunity. "[F]or there to be governmental tort liability, there must be either an underlying common law or statutory duty of care with respect to the alleged negligent conduct." Trianon Park Condominium v. City of Hialeah, 468 So.2d 912, 917 (Fla. 1985). The Developer has pointed to no common law or statutory duty on the part of the County regarding the dissemination of information concerning the location of water mains. Chapter 153, which authorizes counties to purchase and/or construct water supply systems, § 153.03( 1), Fla. Stat. (1997), reveals no intent on the part of the legislature to give private citizens a right of recovery for negligence or misrepresentation in connection with the County's providing of such information. In fact, in calling for the liberal construction of chapter 153, the legislature states that the chapter is "necessary for the welfare of the inhabitants of the several counties of the state. . . ." § 153.20(1). Furthermore, "Florida courts have consistently declined to hold governmental…
2) PINELLAS COUNTY, through its Board of County Commissioners, is a rate making body of a state political subdivision, under Florida Statute § 153.03(3), (1991).
The 1968 Florida Constitution, Article X, Section 6(a) provides that no private property shall be taken "except for a public purpose and with full compensation therefor . . ." Appellees do not contend that the taking of private utility companies with the intention of creating a unified public utility system does not constitute a public purpose. But we note in this regard that the Legislature, by general law, has authorized counties to condemn private water supply systems for the purpose of creating county water systems. Fla. Stat. § 153.03, F.S.A. This statute amounts to a Legislative declaration that creating of a county water system is a public purpose, and as such it would necessarily be accorded great weight by this Court were the issue raised. Wilton v. St. Johns County, 98 Fla. 26, 123 So. 527, 65 A.L.R. 488 (1929). In any event, the purpose must be considered a public one in the context of this appeal, since the issue is not properly before us.
"Section 153.03(1) limits the plaintiff to facilities that were owned by it on the property prior to inclusion in the corporate limits of the City of Lauderhill. The plaintiff did not own any water or sewer facilities on the property prior to incorporation. An examination of the definition of the word `facility' and related definitions does not show included therein certificates of public convenience and necessity; in any event, the certificates formerly issued to South Broward Water Company were cancelled, and no legislation was found saving to the plaintiff the advantage of such certificates.
The chancellor in his findings of fact said that the county did have authority to grant an exclusive franchise and based his finding on Chapter 153, Fla.Stats., Part 1, entitled "County Water System and Sanitary Sewer Financing Law." More specifically, the finding was based on § 153.03(6), which provides:
"1. That Chapter 153, Florida Statutes Annotated and particularly Section 153.03, subsection (8) and 153.04, subsection (2) thereof, do not apply to the Defendant, Pinellas County, in this cause and do not, therefore, in and of themselves, prohibit Pinellas County from establishing its water system in the Crystal Beach area of Pinellas County, Florida, the area presently served by Plaintiffs' private water system since the aforesaid Special Acts apply to Pinellas County and not the aforesaid General Act.
. . . . § 153.03(3). . . .
. . . . § 153.03(3). . . .
. . . Stat., tit. 11, ch. 153.03 (emphasis added); see also Fla. . . .
. . . -The regulatory flood elevation at any location is as defined in § 153.03 of this ordinance. . . . The 'Regulatory Flood’ is also known by the term 'Base Flood.’ ” Flood Control Ordinance § 153.03. . . . Section 153.03 defines a regulatory flood in the Main Beaver Dam Ditch and all tributaries, which would . . . Id. at§ 153.03(a). . . . .
. . . See generally Lapine et al., supra § 153.03, at 153-11 to -12; id. § 153.09, at 153-128. . . .
. . . With regards to the QC plan, the last submittal to be approved, SCR subsection 153.03 lists the requirements . . .
. . . Chapter 153, which authorizes counties to purchase and/or construct water supply systems, § 153.03(1) . . .
. . . County Commissioners, is a rate making body of a state political subdivision, under Florida Statute § 153.03 . . .
. . . The requested fee represents an average hourly charge of $153.03. . . .
. . . . § 153.03. . . .
. . . . § 153.03, F.S.A. . . .
. . . its bond contract, the defendants argue that the plaintiff is precluded from serving the area by §§ 153.03 . . . “Section 153.03(1) limits the plaintiff to facilities that were owned by it on the property prior to . . . Furthermore, §§ 153.03(1) and 153.04, F.S. . . .
. . . More specifically, the finding was based on § 153.03(6), which provides: “To make and enter into all . . .
. . . the alternative that the county be required to pay for plaintiffs’ water system as provided for in § 153.03 . . . That Chapter 153, Florida Statutes Annotated and particularly Section 153.03, subsection (8) and 153.04 . . . owners of a privately owned water system, when and if taken over in whole or in part by the county (§ 153.03 . . . This is so because the general act, in § 153.03, restricts the exercise by counties of the powers there . . .
. . . increased pursuant to the price-revision article by supplemental agreement dated December 9,1947, to $153.03 . . .