Florida Statutes

Fla. Stat. § 180.13 (2025)

Administration of utility; rate fixing and collection of charges.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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).

Notes of Decisions

Cited in 20 cases (1 in the last 5 years), 1972–2021 · leading case: Contractors & Builders Ass'n v. City of Dunedin, 329 So. 2d 314 (Fla. 1976).

Sort: Relevance Newest Treatment

Contractors & Builders Ass'n v. City of Dunedin, 329 So. 2d 314 (Fla. 1976). · cites it 6× “, Code §§ 25-31, 25-71(c) and (d), can suffice to make those fees "just and equitable", within the meaning of Fla. Stat. § 180.13 (2) (1973). In principle, however, we see nothing wrong with transferring to the new user of a municipally owned water *318 or sewer system a fair…”

City of Gainesville v. STATE, DOT, 778 So. 2d 519 (Fla. 1st DCA 2001). · cites it 4× “[5] For purposes of paying its utility bills, DOT is a "person" within the meaning of section 180.13(2), Florida Statutes (2000), which provides: The city council, or other legislative body of the municipality, by whatever name known, may establish just and equitable rates or…”

City of Key West v. Florida Keys Cmty. Coll., 81 So. 3d 494 (Fla. 3d DCA 2012). · cites it 7× “1st DCA 2001) (“Gainesville I”) concluded that the word “person” in section 180.13 includes “state agencies,” the City argues that section 180.”

Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006). · cites it 2× “Further, in chapter 960, Florida Statutes (2002), we find unmistakable legislative intent that a county is entitled to restitution pursuant to section 775.089(1). In authorizing the imposition of civil restitution liens, the Florida Legislature expressed its intention to "enable…”

City of Riviera Beach v. Martinique 2 Owners Ass'n, Inc., 596 So. 2d 1164 (Fla. 4th DCA 1992). · cites it 5× “§ 180.13(1), Fla. Stat. (1991). On the basis of the record before us, we are unable to say that the amount or form of the city's charges is arbitrary, unreasonable or invidiously discriminatory.”

City of Dunedin v. Contractors & Builders Ass'n, 312 So. 2d 763 (Fla. 2d DCA 1975). · cites it 4× “[2] In construing Fla. Stat. § 180.13 (1971) our Supreme Court in Cooksey v.”

Cooksey v. Utils. Comm'n, 261 So. 2d 129 (Fla. 1972). · cites it 3× “NOTES [1] F.S. § 180.13(2), F.S.A.: "The city council, or other legislative body of the municipality, .”

Loxahatchee Ecd v. Sch. Bd. Palm Beach Cty., 496 So. 2d 930 (Fla. 4th DCA 1986). “Section 180.13(2) authorized fixing and collecting of municipal utilities rates and charges.”

Spierer v. City of North Miami Beach, 560 So. 2d 1198 (Fla. 3d DCA 1990). · cites it 4× “” § 180.13, Fla.Stat. (1987). Under the Metropolitan Dade County Code, “[a]ll rates and charges made, demanded, or received by any public utility for any service rendered, or to be rendered by it, or for any product supplied, or to be supplied by it, and each rule and regulation…”

Bobby Auton, Etc. v. Dade City, Florida, a Mun. Corp., 783 F.2d 1009 (11th Cir. 1986). “411 (1985) authorizes the use of eminent domain for, among other municipal purposes, the use of water pipes, sewage and drainage purposes, and Fla.Stat. § 180.13 (1985) grants the power to fix water rates.”

City of New Smyrna Beach v. Fish, 384 So. 2d 1272 (Fla. 1980). · cites it 2× “Section 180.13(2), Florida Statutes (1977) reads in part as follows: 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…”

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). “411 (1985) authorizes the use of eminent domain for, among other municipal purposes, the use of water pipes, sewage and drainage pur *714 poses, and Fla.Stat. § 180.13 (1985) grants the power to fix water rates.”

Show all 20 citing cases →

— 180.13(1) — 1 case

City of Riviera Beach v. Martinique 2 Owners Ass'n, Inc., 596 So. 2d 1164 (Fla. 4th DCA 1992). “§ 180.13(1), Fla. Stat. (1991). On the basis of the record before us, we are unable to say that the amount or form of the city's charges is arbitrary, unreasonable or invidiously discriminatory.”

— 180.13(2) — 10 cases

City of Gainesville v. STATE, DOT, 778 So. 2d 519 (Fla. 1st DCA 2001). “[5] For purposes of paying its utility bills, DOT is a "person" within the meaning of section 180.13(2), Florida Statutes (2000), which provides: The city council, or other legislative body of the municipality, by whatever name known, may establish just and equitable rates or…”

Childers v. State, 936 So. 2d 585 (Fla. 1st DCA 2006). “Further, in chapter 960, Florida Statutes (2002), we find unmistakable legislative intent that a county is entitled to restitution pursuant to section 775.089(1). In authorizing the imposition of civil restitution liens, the Florida Legislature expressed its intention to "enable…”

City of Key West v. Florida Keys Cmty. Coll., 81 So. 3d 494 (Fla. 3d DCA 2012). “1st DCA 2001) (“Gainesville I”) concluded that the word “person” in section 180.13 includes “state agencies,” the City argues that section 180.”

Cooksey v. Utils. Comm'n, 261 So. 2d 129 (Fla. 1972). “NOTES [1] F.S. § 180.13(2), F.S.A.: "The city council, or other legislative body of the municipality, .”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.