Florida Statutes
Fla. Stat. § 180.06 (2025)
Activities authorized by municipalities and private companies.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 22
cases (1 in the last 5 years), 1961–2022 · leading case: City of Mount Dora v. JJ's Mobile Homes, Inc., 579 So. 2d 219 (Fla. 5th DCA 1991).
City of Mount Dora v. JJ's Mobile Homes, Inc., 579 So. 2d 219 (Fla. 5th DCA 1991). “, predecessor statute to § 180.06, Fla. Stat.). In regard to section 180.”
City of Key West v. Florida Keys Cmty. Coll., 81 So. 3d 494 (Fla. 3d DCA 2012). “More importantly, section 180.06, Florida Statutes (2009), which specifically lists the utility services within the ambit of Chapter 180, does not include stormwater utility services.”
B & S Utils., INC. v. Baskerville-Donovan, Inc., 988 So. 2d 17 (Fla. 1st DCA 2008). “§ 180.06, Fla. Stat. (2006). [5] Evidence that BDI acted for the City without any input from City officials in determining whether the City would deem work by City contractors on certain projects acceptable was undisputed.”
Basic Energy Corp. v. Hamilton Cnty., 652 So. 2d 1237 (Fla. 1st DCA 1995). “Appellee relies on its authority to construct jails pursuant to section 180.06, Florida Statutes, as the valid municipal purpose to be served.”
Falls Chase Special Taxing Dist. Elba, Inc. Sunshine Land Dev., Inc. & E. Lamar Bailey Assocs. v. City of Tallahassee, 788 F.2d 711 (11th Cir. 1986). “Appellants argue the Florida legislature was neutral toward this conduct because Fla.Stat. § 180.06 is merely a vague enabling statute more analogous to the Home Rule Amendment in City of Boulder than the Wisconsin statutes in Hallie.”
Bobby Auton, Etc. v. Dade City, Florida, a Mun. Corp., 783 F.2d 1009 (11th Cir. 1986). “Appellees argue, and the district court found, that the statutory scheme contains a clearly articulated state policy which authorizes Dade City to engage in anticompetitive conduct. We hold Dade City’s conduct was authorized by clearly articulated state policy.”
Bennett Elec. Co. v. Vill. of Miami Shores, 11 F. Supp. 2d 1348 (S.D. Fla. 1998). “See Fla. Stat. § 180.06 (5) (1997) (authorizing municipalities to “provide for the collection and disposal of garbage”); id.”
City of Auburndale v. Town of Polk City, 898 So. 2d 1101 (Fla. 2d DCA 2005). “Section 180.06, Florida Statutes (2003), titled "Activities Authorized by Municipalities and Private Companies," instructs: Any municipality or private company organized for the purposes contained in this chapter, is authorized: .”
Ortega Util. Co. v. City of Jacksonville, 564 So. 2d 1156 (Fla. 1st DCA 1990). “The pivotal issue in this appeal is whether, under the facts of this case, the provisions of section 180.06, Florida Statutes, apply to the City of Jacksonville (City).”
City Gas Co. v. Miller Gas Co., 137 So. 2d 836 (Fla. 3d DCA 1962). “56th Street”; that defendant has obtained permits from Dade County for the construction of gas mains in the same area where plaintiff is furnishing natural gas; that such construction by the defendant will defeat the purpose of Section 180.06; that plaintiff has never consented…”
City of Sunrise v. Town of Davie, 472 So. 2d 458 (Fla. 1985). “The trial court agreed, disallowed the intervention, and approved the bonds.”
City of Palm Bay v. Gen. Dev. Utils., Inc., 201 So. 2d 912 (Fla. 4th DCA 1967). “Florida Statutes § 180.06 F.S.A., provides : “Activities authorized by municipalities and private companies Any municipality or private company organized for the purposes contained in this chapter, is authorized * * * (3) to provide a water *914 supply for domestic, municipal or…”
— 180.06(3) — 3 cases
Bobby Auton, Etc. v. Dade City, Florida, a Mun. Corp., 783 F.2d 1009 (11th Cir. 1986). “Appellees argue, and the district court found, that the statutory scheme contains a clearly articulated state policy which authorizes Dade City to engage in anticompetitive conduct. We hold Dade City’s conduct was authorized by clearly articulated state policy.”
Falls Chase Special Taxing Dist. Elba, Inc. Sunshine Land Dev., Inc. & E. Lamar Bailey Assocs. v. City of Tallahassee, 788 F.2d 711 (11th Cir. 1986). “Appellants argue the Florida legislature was neutral toward this conduct because Fla.Stat. § 180.06 is merely a vague enabling statute more analogous to the Home Rule Amendment in City of Boulder than the Wisconsin statutes in Hallie.”
Lake Util. Servs., Inc. v. City of Clermont, 727 So. 2d 984 (Fla. 5th DCA 1999).
— 180.06(4) — 1 case
Falls Chase Special Taxing Dist. Elba, Inc. Sunshine Land Dev., Inc. & E. Lamar Bailey Assocs. v. City of Tallahassee, 788 F.2d 711 (11th Cir. 1986). “Appellants argue the Florida legislature was neutral toward this conduct because Fla.Stat. § 180.06 is merely a vague enabling statute more analogous to the Home Rule Amendment in City of Boulder than the Wisconsin statutes in Hallie.”
— 180.06(5) — 1 case
Bennett Elec. Co. v. Vill. of Miami Shores, 11 F. Supp. 2d 1348 (S.D. Fla. 1998). “See Fla. Stat. § 180.06 (5) (1997) (authorizing municipalities to “provide for the collection and disposal of garbage”); id.”
— 180.06(9) — 1 case
Lake Util. Servs., Inc. v. City of Clermont, 727 So. 2d 984 (Fla. 5th DCA 1999).
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