CopyAgo (Fla. Att'y Gen. 1978).
Published | Florida Attorney General Reports
Don J. Caton City Attorney Pensacola QUESTION: Does the language `district, private corporation, board, body or person supplying water to or selling water for use on such premises' contained in s. 153.12 (2)(b), F....
...S., include a municipal corporation? SUMMARY: Until judicially or legislatively determined to the contrary, any municipality supplying water to or selling water for use on any premises serviced by or connected to a county sanitary sewer or sewage disposal system is included within the purview of s. 153.12 (2)(b), F....
...This opinion is limited to the precise question raised in your letter; no opinion is expressed as to the legal consequences of a county or a municipality disconnecting or failing or refusing to shut off water service to any person or premises for nonpayment of county sewer bills under the provisions of s. 153.12 (2)(b), F. S. Section 153.12 (2)(b), F....
...pplying water to or selling water for use on such premises, then the county may unless it has theretofore contracted to the contrary, shut off the supply of water to such premises. (Emphasis supplied.) No provision of part I of Ch. 153, F. S., or of s. 153.12 (2)(b), F....
...ent of both parties to said contract.' I am unaware of and no judicial decision has been brougnt to my attention which considered, applied, or defined these or similar statutory terms in a similar or related context to that in which they are used in s. 153.12 (2)(b), F....
...S., however, defines the phrase `public body' as used in the Florida Statutes, where the context will permit, to include `counties, cities , towns, villages, special tax school districts, special road and bridge districts, bridge districts and all other districts in this state.' (Emphasis supplied.) Although s. 153.12 (2)(b), F....
...purpose of the statute, I am of the view that any municipality `supplying water to or selling water for the use on' any premises serviced by or connected to a county sanitary sewer or sewer or sewage disposal system is included within the purview of s. 153.12 (2)(b) and the terms `any ....
...supplying water to or selling water for use on such premises,' and is subject to and governed by the terms thereof. Therefore, unless and until it is judicially or legislatively determined otherwise, it is my opinion that the term `body,' as used in s.
153.12 (2)(b), includes a municipality within the definition of the term `public body' set forth in s.
1.01 (9). Section
153.12 (2)(b), F....
...State Board of Equalizers,
94 So. 681 , 682 (Fla. 1922). As stated above, no opinion is expressed as to the legal consequences of either the county or the municipality shutting off water service supplied by the municipality to any premises or persons as provided in s.
153.12 (2)(b), F....
