The 2023 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 153
WATER AND SEWER SYSTEMS

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F.S. 153.04

153.04 Construction of water supply systems, water system improvements, sewage disposal systems, and sewer improvements.—Whenever the county commission of any of the several counties of the state by resolution chooses to exercise the powers granted by this chapter it shall make or cause to be made such surveys, investigations, studies, borings, maps, plans, drawings and estimates of costs and of revenues as it may deem necessary to prepare or have prepared so that such county commission shall have available to it a comprehensive study and report setting forth either or both of the following:

(1) The type and estimate of costs of each water supply system, the purchase or construction of which shall be deemed by it to be desirable and feasible, together with the location thereof, and of each integral part, and also setting forth what water system improvements, if any, it deems necessary to purchase or construct to protect the health of and render fire protection to the inhabitants of the county, together with the location by terminal points and route of each such improvement, a description thereof by its material, nature, character and size and an estimate of the cost of its purchase or construction.

(2)(a) The type of treatment and estimate of cost of each sewage disposal plant or system, the purchase, or construction of which shall be deemed by the county commission to be desirable and feasible, together with the location thereof and of each integral part, and also setting forth what sewer improvements, if any, it deems necessary to purchase or construct to protect the health of the inhabitants of the county, together with the location by terminal points and route of each such improvement, a description thereof by its material, nature, character, and size and an estimate of the cost of its purchase or construction.

(b) If such study and report reveals, or if it is a fact that any parcel, plot or area of land proposed to be served by county-owned and operated facilities as contemplated by this chapter is being served or there is available to it for service such facilities which are owned and operated by private individuals, copartnerships, corporations or associations, then the county is hereby prohibited from furnishing the facilities provided by this chapter to such property without the written consent of the owner or owners of such privately owned facilities.

(c) The obtaining of such surveys, investigations, studies, borings, maps, plans, drawings and estimates is hereby declared to be a county purpose and the costs thereof may be paid out of the general funds of the county.

(d) Upon receipt of such report the county commission may authorize the purchase and/or construction of such facilities as it may deem feasible and practicable.

(e) All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of the funds provided by this chapter.

(f) The state hereby consents to the use of all state lands lying under water which are necessary for the accomplishments or purposes of this chapter.

History.—s. 4, ch. 29837, 1955.

F.S. 153.04 on Google Scholar

F.S. 153.04 on Casetext

Amendments to 153.04

Arrestable Offenses / Crimes under Fla. Stat. 153.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 153.04.

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

Broward County v. Hurwit
216 So. 2d 225 (Fla. Dist. Ct. App. 1969) Cited 1 times
"It further appears from the record that private water and sewer facilities are available to serve the area, bringing into operation § 153.04, F.S. [F.S.A.]; further that pursuant to § 367.08, F.S. [F.S.A.], permitting extensions of existing systems to any territory not receiving a similar service, not defined in any outstanding certificate, and contiguous to territory served by the existing system, the defendant company is authorized to serve the subject territory.
PAGE 226
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:
STILLWATER OF CROWN POINT HOMEOWNER S ASSOCIATION, INC. P. J. v. KOVICH,, 865 F. Supp. 2d 922 (N.D. Ind. 2011)

. . . . § 153.04(b)(1) (emphasis added). . . . require the developers to obtain the proper permits, the City also failed itself to comply with section 153.04 . . . In addition, § 153.04 of the Flood Control Ordinance provides that, upon receipt of an application for . . . issued by the Natural Resources Commission granting approval for construction in the floodway Id. at § 153.04 . . . Id. at §§ 153.02, 153.04. . . .
BAILEY, v. GEORGIA- PACIFIC CORPORATION,, 306 F.3d 1162 (1st Cir. 2002)

. . . Larson, Employment Discrimination § 153.04[4], at 153-51 (2d ed.2001); see also Santiago Clemente, 213 . . .
In HUGHES- BECHTOL, INC. HUGHES- BECHTOL, INC. v. STATE OF OHIO, KZF, a KZF, R. a R., 124 B.R. 1007 (Bankr. S.D. Ohio 1991)

. . . . § 153.04 or performed a review which compounded the negligence of the designer by approving the plans . . .
A. H. BELO CORPORATION WFAA- TV v. NATIONAL LABOR RELATIONS BOARD, LOCAL UNION INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL- CIO, v. NATIONAL LABOR RELATIONS BOARD, NATIONAL LABOR RELATIONS BOARD, v. A. H. BELO CORPORATION WFAA- TV, 411 F.2d 959 (5th Cir. 1969)

. . . company’s competition, KRLD, were: 1956, $120.75; 1958, $135.70; 1960, $146.15; 1961, $151.15; 1962, $153.04 . . .
BROWARD COUNTY, a v. S. HURWIT, a a, 216 So. 2d 225 (Fla. Dist. Ct. App. 1968)

. . . contract, the defendants argue that the plaintiff is precluded from serving the area by §§ 153.03(1) and 153.04 . . . that private water and sewer facilities are available to serve the area, bringing into operation § 153.04 . . . Furthermore, §§ 153.03(1) and 153.04, F.S. . . .
CONTROL DATA CORPORATION, v. CAROLINA POWER LIGHT COMPANY, 274 F. Supp. 336 (S.D.N.Y. 1967)

. . . The complaint alleges that Carolina owes plaintiff $1,822,-153.04 for said goods and services and, if . . .
A. E. MOUNTAIN J. v. PINELLAS COUNTY,, 152 So. 2d 745 (Fla. Dist. Ct. App. 1963)

. . . That Chapter 153, Florida Statutes Annotated and particularly Section 153.03, subsection (8) and 153.04 . . . county from furnishing such facilities in an area already being served by a privately owned facility (§ 153.04 . . . In § 153.04, dealing with construction of such water systems, it is provided as a condition precedent . . . Those special acts do not dontain a provision, such as the one appearing in § 153.04 of the general act . . .
In STEELE- SMITH DRY GOODS CO., 298 F. 812 (S.D. Ala. 1924)

. . . Coxe the sum of $153.04 gross, and from the Birmingham Trust & Savings Company $304.26, making a total . . .

The 2023 Florida Statutes

Annotations, Discussions, Cases:

10 Cases from Casetext:Date Descending

Broward County v. Hurwit

Mountain v. Pinellas County

Cases from cite.case.law: