Florida Statutes
Fla. Stat. § 180.04 (2025)
Ordinance or resolution authorizing construction or extension of utility; election.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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180.04 Ordinance or resolution authorizing construction or extension of utility; election.—If after the passage of said resolution the said city council or other legislative body, by whatever name known, shall determine to proceed toward the construction of said utility, but not earlier than 40 days after the passage of said ordinance or resolution, the said city council or other legislative body, by whatever name known, shall pass an ordinance or resolution authorizing the construction of the utility or any extension thereof, reciting the purpose and the territory to be included, correcting any errors, remedying any sustained objections, authorizing the issuance of mortgage revenue certificates or debentures to pay for the construction and all other costs of the said utility, and containing all other necessary provisions. All other legislative and administrative functions and proceedings shall be the same as provided for the government of the municipality. The city council or other legislative body, by whatever name known, of the municipality, may adopt and provide for the enforcement of all resolutions and ordinances that may be required for the accomplishment of the purposes of this chapter, and its decision shall be final in determining to construct the utility, or any extension thereof as and where proposed, to promote the public health, safety, and welfare by the accomplishment of the purposes of this chapter; provided, that where any mortgage revenue certificates, debentures, or other evidences of indebtedness shall come within the purview of s. 12, Art. VII of the State Constitution, the same shall be issued only after having been approved by a majority of the votes cast in an election in which a majority of the owners of freeholds not wholly exempt from taxation who are qualified electors residing in such municipality shall participate, pursuant to the provisions of ss. 100.201-100.221, 100.241, 100.261-100.341, and 100.351.
Notes of Decisions
Cited in 3
cases, 1994–2003 · leading case: City of Ocala v. Red Oak Farm, Inc., 636 So. 2d 81 (Fla. 5th DCA 1994).
City of Ocala v. Red Oak Farm, Inc., 636 So. 2d 81 (Fla. 5th DCA 1994). “Section 180.04, Florida Statutes (1991), reads in part: If after the passage of said resolution the said city council .”
Lake Util. Servs., Inc. v. City of Clermont, 727 So. 2d 984 (Fla. 5th DCA 1999). “Section 180.04, Florida Statutes (1991) sets forth the requirements for passing an ordinance or resolution pertaining to the construction of a utility or ah extension thereof.”
City of Hallandale Beach v. Smith, 853 So. 2d 495 (Fla. 4th DCA 2003). “§ 180.04, Fla. Stat. In its order denying the City’s motion for reconsideration of the dismissal of its petition, the trial court ruled that Chapter 180 clearly applies to condemnation proceedings both within and outside a city’s limits.”
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