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Florida Statute 180.06 | Lawyer Caselaw & Research
F.S. 180.06 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 180.06

The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES
Chapter 180
MUNICIPAL PUBLIC WORKS
View Entire Chapter
F.S. 180.06
180.06 Activities authorized by municipalities and private companies.Any municipality or private company organized for the purposes contained in this chapter, is authorized:
(1) To clean and improve street channels or other bodies of water for sanitary purposes;
(2) To provide means for the regulation of the flow of streams for sanitary purposes;
(3) To provide water and alternative water supplies, including, but not limited to, reclaimed water, and water from aquifer storage and recovery and desalination systems for domestic, municipal or industrial uses;
(4) To provide for the collection and disposal of sewage, including wastewater reuse, and other liquid wastes;
(5) To provide for the collection and disposal of garbage;
(6) And incidental to such purposes and to enable the accomplishment of the same, to construct reservoirs, sewerage systems, trunk sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems, purification works, collection systems, treatment and disposal works;
(7) To construct airports, hospitals, jails and golf courses, to maintain, operate and repair the same, and to construct and operate in addition thereto all machinery and equipment;
(8) To construct, operate and maintain gas plants and distribution systems for domestic, municipal and industrial uses; and
(9) To construct such other buildings and facilities as may be required to properly and economically operate and maintain said works necessary for the fulfillment of the purposes of this chapter.

However, a private company or municipality shall not construct any system, work, project or utility authorized to be constructed hereunder in the event that a system, work, project or utility of a similar character is being actually operated by a municipality or private company in the municipality or territory immediately adjacent thereto, unless such municipality or private company consents to such construction.

History.s. 3, ch. 17118, 1935; s. 1, ch. 17119, 1935; CGL 1936 Supp. 3100(8); s. 5, ch. 93-51; s. 6, ch. 95-323.

F.S. 180.06 on Google Scholar

F.S. 180.06 on Casetext

Amendments to 180.06


Arrestable Offenses / Crimes under Fla. Stat. 180.06
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 180.06.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MATLACHA CIVIC ASSOCIATION, INC. C. J. v. CITY OF CAPE CORAL,, 273 So. 3d 243 (Fla. App. Ct. 2019)

. . . Instead, it relied on section 180.06, Florida Statutes (2003), and claimed that because the annexation . . .

CITY OF KEY WEST, v. FLORIDA KEYS COMMUNITY COLLEGE,, 81 So. 3d 494 (Fla. Dist. Ct. App. 2012)

. . . More importantly, section 180.06, Florida Statutes (2009), which specifically lists the utility services . . . See § 180.06. . . . Thus, unlike section 180.06, which authorizes municipalities and certain private companies to “provide . . .

B S UTILITIES, INC. v. BASKERVILLE- DONOVAN, INC., 988 So. 2d 17 (Fla. Dist. Ct. App. 2008)

. . . Citing section 180.06, Florida Statutes, however, the circuit court first concluded that “BDI ha[d] entered . . . Section 180.06 authorizes any municipality, including the City of Apalachicola: (3) To provide water . . . economically operate and maintain said works necessary for the fulfillment of the purposes of this chapter. § 180.06 . . .

CITY OF OAK HILL, v. CITY OF EDGEWATER, 917 So. 2d 943 (Fla. Dist. Ct. App. 2005)

. . . Polk City had a right to provide water and wastewater services to the annexed property under section 180.06 . . .

CITY OF AUBURNDALE, a v. TOWN OF POLK CITY, a, 898 So. 2d 1101 (Fla. Dist. Ct. App. 2005)

. . . Section 180.06, Florida Statutes (2003), titled “Activities Authorized by Municipalities and Private . . .

J. PICHOWSKI, L. L. C. I- L. L. C. v. FLORIDA GAS TRANSMISSION COMPANY,, 857 So. 2d 219 (Fla. Dist. Ct. App. 2003)

. . . See §§ 180.06, .22. . . .

CITY OF HALLANDALE BEACH, v. SMITH, 853 So. 2d 495 (Fla. Dist. Ct. App. 2003)

. . . public or private lands whatsoever necessary to enable the accomplishment of purposes listed in s. 180.06 . . .

CENTRAL WATERWORKS, INC. a v. TOWN OF CENTURY,, 754 So. 2d 814 (Fla. Dist. Ct. App. 2000)

. . . . § 180.06, Fla. Stat.; Ch. 57-1313, Laws of Fla. (1957). . . .

LAKE UTILITY SERVICES, INC. v. CITY OF CLERMONT,, 727 So. 2d 984 (Fla. Dist. Ct. App. 1999)

. . . It alleged further that Clermont was prohibited from providing water service to Lennar by section 180.06 . . . Section 180.06(3), Florida Statutes, states that a municipality has the power to supply water. . . . Section 180.06(9) prohibits- one utility from encroaching upon an area already served by another without . . . Municipalities are authorized to provide water for domestic, municipal or industrial uses. § 180.06(3 . . . In JJ’s Mobile Homes, this court explained why section 180.06(9), Florida Statutes (1991) prohibits a . . . Section 180.06, after setting out the activities authorized by municipalities and private companies, . . .

TOWN OF JUPITER, v. VILLAGE OF TEQUESTA,, 713 So. 2d 429 (Fla. Dist. Ct. App. 1998)

. . . Jupiter claimed that under section 180.06 Tequesta was required to obtain its consent before expanding . . . Section 180.06 provides in pertinent part that: “a ... municipality shall not construct any system, work . . . City of Jacksonville, 564 So.2d 1156 (Fla. 1st DCA 1990) (section 180.06 prohibits only direct encroachment . . . STONE, C.J., and GROSS, J., concur. . § 180.06, Fla. Stat. (1997). . . .

BENNETT ELECTRIC COMPANY, a d b a s a v. VILLAGE OF MIAMI SHORES, a, 11 F. Supp. 2d 1348 (S.D. Fla. 1998)

. . . . § 180.06(5) (1997) (authorizing municipalities to “provide for the collection and disposal of garbage . . . In support of its assertion of state action immunity, Miami Shores relies on Florida Statutes §§ 180.06 . . . Florida Statutes § 180.06(5) authorizes municipalities to “provide for the collection and disposal of . . . corporation whose premises are served thereby .... ” This Court concludes that Florida Statutes §§ 180.06 . . . Stat. § 180.06 and related sections governing water and sewage services satisfied the state action test . . .

BASIC ENERGY CORPORATION, v. HAMILTON COUNTY, a a, 652 So. 2d 1237 (Fla. Dist. Ct. App. 1995)

. . . Appellee relies on its authority to construct jails pursuant to section 180.06, Florida Statutes, as . . . However, since it is quite clear the city does not intend to build or operate a jail, section 180.06 . . . Section 180.06 authorizes municipalities to construct and operate jails. . . .

In LEE L. L. J., 167 B.R. 417 (Bankr. S.D. Miss. 1992)

. . . The plan provides for payment to Green Tree in the amount of $180.06, for every month from the date the . . .

H. J. BRAMBLETT, v. COMMISSIONER OF INTERNAL REVENUE,, 960 F.2d 526 (5th Cir. 1992)

. . . In late 1979 and early 1980, Mesquite East acquired 180.06 acres of land from Bramco, a corporation of . . .

CITY OF MOUNT DORA, v. JJ s MOBILE HOMES, INC., 579 So. 2d 219 (Fla. Dist. Ct. App. 1991)

. . . Therefore, pursuant to Section 180.06, Florida Statutes (1989), the Defendant must obtain the Plaintiff . . . Section 180.06, Florida Statutes, after enumerating activities authorized by municipalities and private . . . The city argues that section 180.06, Florida Statutes, does not apply because the private company does . . . Fla. 495, 173 So. 363 (Fla.1937) (construing Ch. 17119, § 1, Laws of Fla., predecessor statute to § 180.06 . . . In regard to section 180.06, Florida Statutes, in Ortega Utility v. . . . is to be prohibited from proceeding to provide service, it must be under the strictures of section 180.06 . . .

ORTEGA UTILITY COMPANY, v. CITY OF JACKSONVILLE, a A., 564 So. 2d 1156 (Fla. Dist. Ct. App. 1990)

. . . The pivotal issue in this appeal is whether, under the facts of this case, the provisions of section 180.06 . . . relief against the City alleging that such planned construction constituted a violation of section 180.06 . . . The City argues not only that the trial court was correct in its findings but further that section 180.06 . . . As we view the matter, however, the confusion in section 180.06 is not in the definition of that term . . . Moreover, it would be anomalous in the extreme to interpret section 180.06 to require the City to obtain . . .

CITY OF JACKSONVILLE, a A. J. v. ORTEGA UTILITY COMPANY, a, 531 So. 2d 370 (Fla. Dist. Ct. App. 1988)

. . . to issue a permit for work in the right-of-way on the grounds it has the legal right under section 180.06 . . .

CITY OF CLEARWATER, v. METCO DEVELOPMENT CORPORATION, 519 So. 2d 23 (Fla. Dist. Ct. App. 1987)

. . . obtaining City water service is contrary to a 1975 resolution of the Pinellas County Commission, sections 180.06 . . .

WALL, d b a v. CITY OF ATHENS, GEORGIA,, 663 F. Supp. 747 (M.D. Ga. 1987)

. . . articulation of the state policy to displace competition with regulation, included: (1) Florida Statute § 180.06 . . . authorizing cities to extend waterworks systems up to another city’s boundaries; and (5) Florida Statute § 180.06 . . . Georgia law contains no statute equivalent to Florida Statute § 180.06. . . .

T. B. WALKER, Jr. J. F. v. FLORIDA GAS TRANSMISSION COMPANY,, 491 So. 2d 1286 (Fla. Dist. Ct. App. 1986)

. . . Sections 180.06, 180.22, Florida Statutes (1983). . . .

FALLS CHASE SPECIAL TAXING DISTRICT E. v. CITY OF TALLAHASSEE,, 788 F.2d 711 (11th Cir. 1986)

. . . . § 180.06 is merely a vague enabling statute more analogous to the Home Rule Amendment in City of Boulder . . . Fla.Stat. § 180.06(3), (6) (1985) authorizes municipalities “to provide a water supply for domestic, . . . Section 180.06 also provides that a private company or municipality shall not construct any system .. . . . Similarly, Fla.Stat. § 180.06(4) (1985) authorizes municipalities “[t]o provide for the collection and . . .

AUTON, v. DADE CITY, FLORIDA, a, 783 F.2d 1009 (11th Cir. 1986)

. . . . § 180.06 is merely a vague enabling statute more analogous to the Home Rule Amendment in City of Boulder . . . Fla.Stat. § 180.06(3), (6) (1985) authorizes municipalities “to provide a water supply for domestic, . . . Section 180.06 also provides that a private company or municipality shall not construct any system .. . . .

WISCONSIN REAL ESTATE INVESTMENT TRUST, v. WEINSTEIN,, 781 F.2d 589 (7th Cir. 1986)

. . . . § 180.06(2) people who deal with a trust or corporation are entitled to keep what they receive; liability . . .

CITY OF SUNRISE, v. TOWN OF DAVIE,, 472 So. 2d 458 (Fla. 1985)

. . . the funds to be received from the sale of revenue bonds may possibly be used in violation of section 180.06 . . .

WISCONSIN REAL ESTATE INVESTMENT TRUST, v. WEINSTEIN,, 712 F.2d 1095 (7th Cir. 1983)

. . . . § 180.06(2). . . .

FLORIDA EAST COAST RAILWAY COMPANY, a v. CITY OF MIAMI, a, 372 So. 2d 152 (Fla. Dist. Ct. App. 1979)

. . . public or private lands whatsoever necessary to enable the accomplishment of purposes listed in s. 180.06 . . .

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

. . . water or sewer system, work, project or utility in the franchise area by virtue of the prohibition of § 180.06 . . .

C. RUSH, v. CITY OF ST. PETERSBURG, a N., 205 So. 2d 11 (Fla. Dist. Ct. App. 1967)

. . . Sec. 180.06, F.S.A. says: “Any municipality * * * organized for the purposes contained in this chapter . . .

CITY OF PALM BAY, a v. GENERAL DEVELOPMENT UTILITIES, INC. a a J. D., 201 So. 2d 912 (Fla. Dist. Ct. App. 1967)

. . . Florida Statutes § 180.06 F.S.A., provides : “Activities authorized by municipalities and private companies . . . appears that two of the “purposes defined in this chapter” referred to in § 180.22 are, by virtue of § 180.06 . . .

CITY GAS COMPANY OF FLORIDA, a v. MILLER GAS CO. a, 137 So. 2d 836 (Fla. Dist. Ct. App. 1962)

. . . power to construct and operate gas plants and distribution systems as provided by Sections 180.05 and 180.06 . . . furnishing natural gas; that such construction by the defendant will defeat the purpose of Section 180.06 . . . construction of the gas system or the servicing of such system since the same is prohibited by Section 180.06 . . . immediately adjacent thereto, as required in order to state a cause of action under Florida Statutes 180.06 . . . The appellant relies entirely on the provisions of Section 180.06, Fla.Stat., F.S.A., for the injunctive . . .

CITY OF DANIA, a v. CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT, a, 134 So. 2d 848 (Fla. Dist. Ct. App. 1961)

. . . The delegation of powers to municipalities, among other things, provides, in § 180.06, Florida Statutes . . .

STATE v. CITY OF TAMPA, a, 95 So. 2d 409 (Fla. 1957)

. . . The first contention is negatived by Sections 159.02, 159.03, 167.01, 167.21, 169.02, 169.04, 170.01, 180.06 . . .