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Florida Statute 180.13 | Lawyer Caselaw & Research
F.S. 180.13 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 180.13

The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES
Chapter 180
MUNICIPAL PUBLIC WORKS
View Entire Chapter
F.S. 180.13
180.13 Administration of utility; rate fixing and collection of charges.
(1) The city council, or other legislative body of the municipality, by whatever name known, may create a separate board or may designate certain officers of said municipality to have the supervision and control of the operation of the works constructed under the authority of this chapter, which said board or designated officers may make all necessary rules or regulations governing the use, control and operation of said works; subject, however, to the approval of the city council, or other legislative body, by whatever name known.
(2) The city council, or other legislative body of the municipality, by whatever name known, may establish just and equitable rates or charges to be paid to the municipality for the use of the utility by each person, firm or corporation whose premises are served thereby; and provided further, that if the charges so fixed are not paid when due, such sums may be recovered by the said municipality by suit in a court having jurisdiction of said cause or by discontinuance of service of such utility until delinquent charges for services thereof are paid, including charge covering any reasonable expense for reconnecting such service after such delinquencies are paid, or any other lawful method of enforcement of the payment of such delinquencies.
History.s. 7, ch. 17118, 1935; CGL 1936 Supp. 3100(12).

F.S. 180.13 on Google Scholar

F.S. 180.13 on Casetext

Amendments to 180.13


Arrestable Offenses / Crimes under Fla. Stat. 180.13
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 180.13.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . In support of its position, the City relies on section 180.13(2), Florida Statutes (2009), which provides . . . 778 So.2d 519, 529 (Fla. 1st DCA 2001) (“Gainesville I”) concluded that the word “person” in section 180.13 . . . includes “state agencies,” the City argues that section 180.13 authorizes the City to recover the College . . . We conclude that Chapter 180, and specifically section 180.13, does not apply to stormwater utilities . . . waived, we find that the waiver of sovereign immunity as to certain enumerated utilities in section 180.13 . . .

CHILDERS, v. STATE, 931 So. 2d 86 (Fla. Dist. Ct. App. 2006)

. . . , 528 n. 5 (Fla. 1st DCA 2001)(Department of Transportation is a “person” within meaning of section 180.13 . . .

CHILDERS, v. STATE, 936 So. 2d 585 (Fla. Dist. Ct. App. 2006)

. . . , 528 n. 5 (Fla. 1st DCA 2001)(Department of Transportation is a “person” within meaning of section 180.13 . . .

CITY OF GAINESVILLE, v. STATE DEPARTMENT OF TRANSPORTATION,, 778 So. 2d 519 (Fla. Dist. Ct. App. 2001)

. . . For purposes of paying its utility bills, DOT is a "person” within the meaning of section 180.13(2), . . . For the same reasons the balancing of interests test takes into account, section 180.13(2), Florida Statutes . . .

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

. . . . § 180.13(2) (1997) (authorizing municipalities to “establish just and equitable rates or charges to . . . of its assertion of state action immunity, Miami Shores relies on Florida Statutes §§ 180.06(5) and 180.13 . . . Florida Statutes § 180.13(2), in turn, grants municipalities the power to “establish just and equitable . . . whose premises are served thereby .... ” This Court concludes that Florida Statutes §§ 180.06(5) and 180.13 . . . Stat. §§ 180.06(5) and 180.13(2) satisfy the state action test, thereby immunizing Miami Shores’ anticompetitive . . .

CITY OF RIVIERA BEACH, a v. MARTINIQUE OWNERS ASSOCIATION, INC., 596 So. 2d 1164 (Fla. Dist. Ct. App. 1992)

. . . He found that section 180.13(2), Florida Statutes (1989), required that the city’s rates be just and . . . many residential units there are in the building is a legislative judgment for the city to make. § 180.13 . . . The term “just and equitable” as used in section 180.13(2) is a brake primarily on the legislative rate-making . . .

F. POPE, Jr. a a v. CITY OF CLEARWATER, a, 767 F. Supp. 1147 (M.D. Fla. 1991)

. . . of calculating deposits which is allegedly unreasonable, unjust and inequitable, in violation of § 180.13 . . .

F. POPE, Jr. a a v. CITY OF CLEARWATER, a, 138 F.R.D. 141 (M.D. Fla. 1991)

. . . Defendant’s method of calculating deposits is unreasonable, unjust and inequitable, in violation of § 180.13 . . .

SPIERER, s v. CITY OF NORTH MIAMI BEACH,, 560 So. 2d 1198 (Fla. Dist. Ct. App. 1990)

. . . .” § 180.13, Fla.Stat. (1987). . . . present a justiciable controversy: whether the City’s deposit policies are “just and equitable,” § 180.13 . . .

NADER, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY,, 859 F.2d 747 (9th Cir. 1988)

. . . . § 180.13 (1987). . . .

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

. . . , giving local governments the power of eminent domain for laying water pipe; (3) Florida Statute § 180.13 . . .

LOXAHATCHEE RIVER ENVIRONMENTAL CONTROL DISTRICT, v. SCHOOL BOARD OF PALM BEACH COUNTY,, 496 So. 2d 930 (Fla. Dist. Ct. App. 1986)

. . . provisions in the statutes that are general laws of general application— sections 153.83, 153.11(l)(b) and 180.13 . . . Section 180.13(2) authorized fixing and collecting of municipal utilities rates and charges. . . .

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

. . . . § 180.13 (1985) grants the power to fix water rates. . . .

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

. . . . § 180.13 (1985) grants the power to fix water rates. . . .

ROSALIND HOLDING COMPANY, v. ORLANDO UTILITIES COMMISSION,, 402 So. 2d 1209 (Fla. Dist. Ct. App. 1981)

. . . Petersburg, 294 So.2d 676 (Fla. 2d DCA 1974); § 180.13(2), Fla.Stat. (1979); 64 Am.Jur.2d Public Utilities . . .

CITY OF NEW SMYRNA BEACH, v. J. FISH, a, 384 So. 2d 1272 (Fla. 1980)

. . . Section 180.13(2), Florida Statutes (1977) reads in part as follows: The city council, or other legislative . . .

FUJIWARA v. G. CLARK, L. K. P. S. Dr. I., 477 F. Supp. 809 (D. Haw. 1979)

. . . Section 180.13 of the Federal Register, Vol. 39, No. 92, provides in part, “(a) An applicant desiring . . . Section 180.13 clearly indicates that plaintiffs’ temporary positions were contingent upon the availability . . .

CITY OF GAINESVILLE, v. STATE, 366 So. 2d 1164 (Fla. 1979)

. . . limited to amounts received which, when examined by the criteria set by the cases and Florida Statutes 180.13 . . .

CONTRACTORS AND BUILDERS ASSOCIATION OF PINELLAS COUNTY v. CITY OF DUNEDIN,, 329 So. 2d 314 (Fla. 1976)

. . . . § 180.13(2) (1973). . . . Fla.Stat. § 180.13(2) (1973). See generally Annot., 61 A.L.R.3d 1236, 1248-1259 (1975). . . . Fla.Stat. § 180.13(2) (1973); Hayes v. City of Albany, supra, notwithstanding the differential. . . .

CITY OF NORTH MIAMI BEACH, a a v. METROPOLITAN DADE COUNTY, a a, 317 So. 2d 110 (Fla. Dist. Ct. App. 1975)

. . . . § 180.13, a city-owned and operated water plan is exempt from ordinary regulation as to rates. . . .

CITY OF MIAMI BEACH, v. CITY OF NORTH BAY VILLAGE CITY OF MIAMI BEACH, v. BAL HARBOUR VILLAGE, 313 So. 2d 126 (Fla. Dist. Ct. App. 1975)

. . . . § 180.13. . . .

CITY OF DUNEDIN, v. CONTRACTORS AND BUILDERS ASSOCIATION OF PINELLAS COUNTY, a CONTRACTORS BUILDERS ASSOCIATION OF PINELLAS COUNTY, a v. CITY OF DUNEDIN,, 312 So. 2d 763 (Fla. Dist. Ct. App. 1975)

. . . . § 180.13 (1971) our Supreme Court in Cooksey v. . . . be made for the use of the utility service pursuant to the authority of its charter and Fla.Stat. § 180.13 . . .

H. COOKSEY v. UTILITIES COMMISSION, a, 261 So. 2d 129 (Fla. 1972)

. . . We find that the standards laid down in Florida Statute § 180.13(2), F.S.A. pertaining to municipal public . . . F.S. § 180.13(2), F.S.A.: “The city council, or other legislative body of the municipality, . . . may . . .

K. A. v., 54 T.C. 827 (T.C. 1970)

. . . . $189. 73 1965 _ - $171.00 1964 _ - 180.13 1966 _ . 171.00 In view of a concession by respondent, the . . .

COHEN, EXECUTRIX, v. BENEFICIAL INDUSTRIAL LOAN CORP., 337 U.S. 541 (U.S. 1949)

. . . . §180.13 (1945). Old Equity Rule 94, 104 U. S. ix; Equity Rule 27, 226 U. S. 649,656. Rule 23 (b). . . .

THOMASON v. UNITED GAS PUBLIC SERVICE CO., 8 F. Supp. 14 (W.D. La. 1933)

. . . and including the defendant United Gas Public Service Company, Inc., and have improperly deducted $180.13 . . .