Florida Statute 180.13 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 180
MUNICIPAL PUBLIC WORKS

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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).

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Amendments to 180.13

Annotations, Discussions, Cases:

Cases Citing Statute 180.13

Total Results: 23

Contractors & Builders Ass'n v. City of Dunedin

329 So. 2d 314, 1976 Fla. LEXIS 4301

Supreme Court of Florida | Filed: Feb 25, 1976 | Docket: 1251225

Cited 89 times | Published

and equitable", within the meaning of Fla. Stat. § 180.13(2) (1973). In principle, however, we see nothing

City of Gainesville v. STATE, DOT

778 So. 2d 519, 2001 WL 209068

District Court of Appeal of Florida | Filed: Mar 5, 2001 | Docket: 1290355

Cited 31 times | Published

bills, DOT is a "person" within the meaning of section 180.13(2), Florida Statutes (2000), which provides:

Loxahatchee Ecd v. Sch. Bd. Palm Beach Cty.

496 So. 2d 930, 1986 WL 1167087

District Court of Appeal of Florida | Filed: Oct 29, 1986 | Docket: 1522872

Cited 19 times | Published

board supervisory or regulatory authority. Section 180.13(2) authorized fixing and collecting of municipal

Bobby Auton, Etc. v. Dade City, Florida, a Municipal Corporation

783 F.2d 1009

Court of Appeals for the Eleventh Circuit | Filed: Mar 3, 1986 | Docket: 865432

Cited 15 times | Published

pipes, sewage and drainage purposes, and Fla.Stat. § 180.13 (1985) grants the power to fix water rates. The

City of Dunedin v. Contractors & Builders Ass'n

312 So. 2d 763

District Court of Appeal of Florida | Filed: Apr 30, 1975 | Docket: 1734574

Cited 12 times | Published

authorized by general law.[2] In construing Fla. Stat. § 180.13 (1971) our Supreme Court in Cooksey v. Utilities

Childers v. State

936 So. 2d 585, 2006 WL 2620262

District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 109021

Cited 11 times | Published

Transportation is a "person" within meaning of section 180.13(2), Florida Statutes (2000)). Further, in chapter

City of Key West v. Florida Keys Community College

81 So. 3d 494, 2012 Fla. App. LEXIS 519, 2012 WL 126858

District Court of Appeal of Florida | Filed: Jan 18, 2012 | Docket: 2414874

Cited 10 times | Published

support of its position, the City relies on section 180.13(2), Florida Statutes (2009), which provides

Cooksey v. Utilities Commission

261 So. 2d 129

Supreme Court of Florida | Filed: Apr 12, 1972 | Docket: 1358583

Cited 9 times | Published

that the standards laid down in Florida Statute § 180.13(2), F.S.A.[1] pertaining to municipal public works

Falls Chase Special Taxing District Elba, Inc. Sunshine Land Development, Inc. And E. Lamar Bailey Associates v. City of Tallahassee

788 F.2d 711, 1986 U.S. App. LEXIS 24878, 54 U.S.L.W. 2625

Court of Appeals for the Eleventh Circuit | Filed: May 6, 1986 | Docket: 791843

Cited 7 times | Published

drainage pur *714 poses, and Fla.Stat. § 180.13 (1985) grants the power to fix water rates. The

City of Riviera Beach v. Martinique 2 Owners Ass'n, Inc.

596 So. 2d 1164, 1992 WL 63107

District Court of Appeal of Florida | Filed: Apr 1, 1992 | Docket: 1358896

Cited 5 times | Published

summary judgment in their favor. He found that section 180.13(2), Florida Statutes (1989), required that

City of Miami Beach v. City of North Bay Village

313 So. 2d 126

District Court of Appeal of Florida | Filed: May 20, 1975 | Docket: 1513392

Cited 4 times | Published

plant is exempt from regulation. See Fla. Stat. § 180.13. But this exemption does not forbid the courts

City of New Smyrna Beach v. Fish

384 So. 2d 1272

Supreme Court of Florida | Filed: Jul 17, 1980 | Docket: 1678739

Cited 3 times | Published

arbitrary, unreasonable, nor discriminatory. Section 180.13(2), Florida Statutes (1977) reads in part as

City of North Miami Beach v. METROPOLITAN DADE CTY.

317 So. 2d 110

District Court of Appeal of Florida | Filed: Jul 8, 1975 | Docket: 1315914

Cited 2 times | Published

this court pointed out that because of Fla. Stat. § 180.13, a city-owned and operated water plan is exempt

Pope v. City of Clearwater

767 F. Supp. 1147, 1991 U.S. Dist. LEXIS 9893, 1991 WL 133130

District Court, M.D. Florida | Filed: Jul 12, 1991 | Docket: 65974798

Cited 1 times | Published

unreasonable, unjust and inequitable, in violation of § 180.13, Florida Statutes. The action was brought as a

Pope v. City of Clearwater

138 F.R.D. 141, 1991 U.S. Dist. LEXIS 9833, 1991 WL 133131

District Court, M.D. Florida | Filed: Jul 12, 1991 | Docket: 66305940

Cited 1 times | Published

unreasonable, unjust and inequitable, in violation of § 180.13, Florida Statutes. The action was brought as a

THE SCHOOL BOARD OF MIAMI-DADE COUNTY, FLORIDA v. THE CITY OF MIAMI BEACH, FLORIDA

District Court of Appeal of Florida | Filed: Feb 24, 2021 | Docket: 59678193

Published

immunity as to certain enumerated utilities in section 180.13 cannot and does not by inference apply to

Childers v. State

931 So. 2d 86, 2006 Fla. App. LEXIS 17207, 2006 WL 237081

District Court of Appeal of Florida | Filed: Feb 2, 2006 | Docket: 64845369

Published

Transportation is a “person” within meaning of section 180.13(2), Florida Statutes (2000)). Further, in chapter

Bennett Electric Co. v. Village of Miami Shores

11 F. Supp. 2d 1348, 1998 U.S. Dist. LEXIS 8473, 1998 WL 310651

District Court, S.D. Florida | Filed: May 6, 1998 | Docket: 2132420

Published

the collection and disposal of garbage"); id. § 180.13(2) (1997) (authorizing municipalities to "establish

Ago

Florida Attorney General Reports | Filed: Apr 6, 1995 | Docket: 3259037

Published

the local water utility service. Pursuant to section 180.13, Florida Statutes, the governing body of a

Spierer v. City of North Miami Beach

560 So. 2d 1198, 1990 Fla. App. LEXIS 1379, 1990 WL 20675

District Court of Appeal of Florida | Filed: Mar 6, 1990 | Docket: 64650336

Published

the rates and charges be “just and equitable.” § 180.13, Fla.Stat. (1987). Under the Metropolitan Dade

Rosalind Holding Co. v. Orlando Utilities Commission

402 So. 2d 1209, 1981 Fla. App. LEXIS 20623, 1981 WL 610480

District Court of Appeal of Florida | Filed: Jul 22, 1981 | Docket: 64584811

Published

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

Ago

Florida Attorney General Reports | Filed: Apr 7, 1981 | Docket: 3256536

Published

1971. See also ss. 159.17 and 159.18, F.S. Section 180.13(2), F.S., permits the city council to establish

Ago

Florida Attorney General Reports | Filed: Dec 29, 1978 | Docket: 3256434

Published

collection for the services which they provide. Section 180.13(2), F. S., reads as follows: (2) The city