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Florida Statute 153.03 | Lawyer Caselaw & Research

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The 2023 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 153
WATER AND SEWER SYSTEMS

View Entire Chapter

F.S. 153.03

153.03 General grant of power.—Any of the several counties of the state which may hereafter come under the provisions of this chapter as hereinafter provided is hereby authorized and empowered:

(1) To purchase and/or construct and to improve, extend, enlarge, and reconstruct a water supply system or systems or sewage disposal system or systems, or both, within such county and any adjoining county or counties and to purchase and/or construct or reconstruct water system improvements or sewer improvements, or both, within such county and any adjoining county or counties and to operate, manage and control all such systems so purchased and/or constructed and all properties pertaining thereto and to furnish and supply water and sewage collection and disposal services to any of such counties and to any municipalities and any persons, firms or corporations, public or private, in any of such counties; provided, however, that none of the facilities provided by this chapter may be constructed, owned, operated or maintained by the county on property located within the corporate limits of any municipality without the consent of the council, commission or body having general legislative authority in the government of such municipality unless such facilities were owned by the county on such property prior to the time such property was included within the corporate limits of such municipality. No county shall furnish any of the facilities provided by this chapter to any property already being furnished like facilities by any municipality without the express consent of the council, commission or body having general legislative authority in the government of such municipality.

(2) To issue water revenue bonds and/or sewer revenue bonds or general obligation bonds of the county to pay all or a part of the cost of such purchase and/or construction or reconstruction.

(3) To fix and collect rates, fees and other charges for the service and facilities furnished by any such water supply system or water system improvements and sewage disposal system or sewer improvements and to fix and collect charges for making connections with the water system of the county.

(4) To receive and accept from the Federal Government or any agency thereof grants for or in aid of the planning, purchase, construction, reconstruction, or financing of any facility and to receive and accept contributions from any source of either money, property, labor, or other things of value to be held, used, and applied only for the purpose for which such grants and contributions may be made.

(5) To acquire in the name of the county by gift, purchase as hereinafter provided or by the exercise of the right of eminent domain, such lands and rights and interests therein, including lands under water and riparian rights, and to acquire such personal property as it may deem necessary for the efficient operation or for the extension of or the improvement of any facility purchased or constructed under the provisions of this chapter and to hold and dispose of all real and personal property under its control; provided, however, that no county shall have the right to exercise the right of eminent domain over any such lands or rights or interests therein or any personal property owned by any municipality within the state nor to exercise such right with respect to any privately owned water supply system or sewage disposal system including without limitation ponds, streams and surface waters constituting a part thereof, provided any such system is primarily used, owned or operated by an industrial or manufacturing plant for its own use as a water supply system or in disposing of its industrial wastes.

(6) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this chapter and to employ such consulting and other engineers, superintendents, managers, construction and accounting experts and attorneys and such other employees and agents as it may deem necessary in its judgment and to fix their compensation.

(7) Subject to the provisions and restrictions as may be set forth in the resolution hereinafter mentioned authorizing or securing any bonds issued under the provisions of this chapter to enter into contracts with the government of the United States or any agency or instrumentality thereof or with any other county or with any municipality, private corporation, copartnership, association, or individual providing for or relating to the acquisition and supplying of water and the collection, treatment and disposal of sewage.

(8) To acquire by gift or purchase at a price to be mutually agreed upon, any of the facilities or portions thereof, provided for by this chapter, which shall, prior to such acquisition, have been owned by any private person, group, firm, partnership, association or corporation; provided, however, if the price for same cannot be agreed upon, the price shall be determined by an arbitration board consisting of three persons, one of whom shall be selected by the board of county commissioners, one shall be appointed by the private company or corporation, and the two persons so selected shall select a third member of said board; and provided, further, that in the event said board cannot agree as to the price to be paid by the said board of county commissioners, then the board of county commissioners shall exercise the right of eminent domain.

(9) To enter into agreements and contracts with building contractors erecting improvements within any duly platted subdivision within the county, the terms of which said agreements or contracts may provide that such building contractors shall install within such subdivision water mains, lines and equipment and sewer mains and lines, to be approved by the county commission, said mains and lines to run to a point or location to be agreed upon, at which said point or location said mains and lines shall be connected to the water supply system or water system improvements and/or to the sewage disposal system or sewer improvements of the county. In the event such agreements or contracts are entered into they shall provide that upon the connection of the mains or lines within the subdivision to the water or sewer facilities of the county said mains, lines and equipment running to the various privately owned parcels of land within such subdivision shall become the property of the county and shall become a part of the county water system improvements and/or sewer improvements.

(10) To restrain, enjoin or otherwise prevent any person or corporation, public or private, from contaminating or polluting (as defined in ¹s. 387.08) any source of water supply from which is obtained water for human consumption to be used in any water supply system or water system improvement as authorized by this chapter, and to restrain, enjoin or otherwise prevent the violation of any provision of this chapter or any resolution, rule or regulation adopted pursuant to the powers granted by this chapter; provided, however, that this chapter shall not apply to or affect any existing contract that a municipality may have for water or sewage disposal without the consent of both parties to said contract but this subsection shall not authorize the institution or prosecution of any proceeding hereunder nor the adoption of any resolution, rule or regulation which shall in anywise affect the right of any industrial or manufacturing plant to discharge industrial waste into any nonnavigable or navigable waters unless such waters are now being used or are hereafter used hereunder as a source of water for human consumption and unless the industrial wastes of any such plant are not being discharged into such waters prior to the time that action is taken by the commission under this chapter to include such water as a part of any water supply system.

(11) To acquire by gift or purchase, at such price, and upon such deferred or other terms, as may be mutually agreed upon, all the capital stock of any domestic or foreign corporation which, prior to such acquisition, shall have owned or operated any of the facilities or portions thereof provided for by this chapter; to pledge the revenues from the facilities as security for payment of the purchase price for said stock; and to operate the facilities through the corporation so acquired or to dissolve said corporation and operate the facilities in any other manner authorized by law.

History.—s. 3, ch. 29837, 1955; s. 1, ch. 57-774; ss. 1, 2, ch. 57-1985; s. 1, ch. 77-187.

¹Note.—Repealed by s. 125, ch. 97-237.

F.S. 153.03 on Google Scholar

F.S. 153.03 on Casetext

Amendments to 153.03

Arrestable Offenses / Crimes under Fla. Stat. 153.03

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 153.03.

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

U.S. Supreme Court

11th Cir. - Ct. App.11th Cir. - MD FL11th Cir. - ND FL11th Cir. - SD FLFed. Reg.Secondary Sources - All

Hillsborough County v. Morris
730 So. 2d 367 (Fla. Dist. Ct. App. 1999) Cited 2 times
Motion for summary judgment
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…
Blumberg v. Pinellas County
836 F. Supp. 839 (M.D. Fla. 1993)
Motion for summary judgment
Motion to dismiss
5 more...
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).
PAGE 842
Dade County v. General Waterworks Corp.
267 So. 2d 633 (Fla. 1972) Cited 21 times
Motion to dismiss
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.
PAGE 636
Broward County v. Hurwit
216 So. 2d 225 (Fla. Dist. Ct. App. 1969) Cited 1 times
"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.
PAGE 226
City of Pinellas Park v. Cross-State
205 So. 2d 704 (Fla. Dist. Ct. App. 1968) Cited 1 times
Motion for summary judgment
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:
Mountain v. Pinellas County
152 So. 2d 745 (Fla. Dist. Ct. App. 1963) Cited 4 times
"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.
PAGE 747
Cases from cite.case.law:
BAY COUNTY, FLORIDA, v. UNITED STATES,, 123 Fed. Cl. 1369 (Fed. Cir. 2015)

. . . . § 153.03(3). . . .
BAY COUNTY, FLORIDA, v. UNITED STATES,, 796 F.3d 1369 (Fed. Cir. 2015)

. . . . § 153.03(3). . . .
BAY COUNTY, FLORIDA, v. UNITED STATES,, 112 Fed. Cl. 195 (Fed. Cl. 2013)

. . . Stat., tit. 11, ch. 153.03 (emphasis added); see also Fla. . . .
STILLWATER OF CROWN POINT HOMEOWNER S ASSOCIATION, INC. P. J. v. KOVICH,, 865 F. Supp. 2d 922 (N.D. Ind. 2011)

. . . -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). . . . .
Y. CHIANG, v. VERIZON NEW ENGLAND INC., 595 F.3d 26 (1st Cir. 2010)

. . . See generally Lapine et al., supra § 153.03, at 153-11 to -12; id. § 153.09, at 153-128. . . .
UNIVERSAL CONSTRUCTION, INC. v. UNITED STATES,, 71 Fed. Cl. 179 (Fed. Cl. 2006)

. . . With regards to the QC plan, the last submittal to be approved, SCR subsection 153.03 lists the requirements . . .
HILLSBOROUGH COUNTY, a v. MORRIS, 730 So. 2d 367 (Fla. Dist. Ct. App. 1999)

. . . Chapter 153, which authorizes counties to purchase and/or construct water supply systems, § 153.03(1) . . .
BLUMBERG, El a a v. PINELLAS COUNTY, a, 836 F. Supp. 839 (M.D. Fla. 1993)

. . . County Commissioners, is a rate making body of a state political subdivision, under Florida Statute § 153.03 . . .
In FLORIDA BRETHREN HOMES, INC. d b a, 97 B.R. 652 (Bankr. S.D. Fla. 1989)

. . . The requested fee represents an average hourly charge of $153.03. . . .
UNITED STATES v. LeBEOUF BROS. TOWING CO. INC., 377 F. Supp. 558 (E.D. La. 1974)

. . . . § 153.03. . . .
DADE COUNTY, a v. GENERAL WATERWORKS CORPORATION, a, 267 So. 2d 633 (Fla. 1972)

. . . . § 153.03, F.S.A. . . .
BROWARD COUNTY, a v. S. HURWIT, a a, 216 So. 2d 225 (Fla. Dist. Ct. App. 1968)

. . . 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. . . .
CITY OF PINELLAS PARK, a a v. CROSS- STATE UTILITIES CO. a, 205 So. 2d 704 (Fla. Dist. Ct. App. 1968)

. . . More specifically, the finding was based on § 153.03(6), which provides: “To make and enter into all . . .
A. E. MOUNTAIN J. v. PINELLAS COUNTY,, 152 So. 2d 745 (Fla. Dist. Ct. App. 1963)

. . . 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 . . .
J. ERNEST NUSS, EDGAR H. TURKLE, CLYDE C. CHURCH, d b a ALLIANCE SEAMLESS CASKET CO. A PARTNERSHIP v. THE UNITED STATES, 127 Ct. Cl. 197 (Ct. Cl. 1954)

. . . increased pursuant to the price-revision article by supplemental agreement dated December 9,1947, to $153.03 . . .