Florida Statute 180.135 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 180
MUNICIPAL PUBLIC WORKS

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F.S. 180.135

180.135 Utility services; refusal or discontinuance of services for nonpayment of service charges by former occupant of rental unit prohibited; unpaid service charges of former occupant not to be basis for lien against rental property, exception.—

(1)(a) Any other provision of law to the contrary notwithstanding, no municipality may refuse services or discontinue utility, water, or sewer services to the owner of any rental unit or to a tenant or prospective tenant of such rental unit for nonpayment of service charges incurred by a former occupant of the rental unit; any such unpaid service charges incurred by a former occupant will not be the basis for any lien against the rental property or legal action against the present tenant or owner to recover such charges except to the extent that the present tenant or owner has benefited directly from the service provided to the former occupant.

(b) This section applies only if the former occupant of the rental unit contracted for such services with the municipality or if the municipality provided services with knowledge of the former occupant’s name and the period the occupant was provided the services.

(2) The provisions of this section may not be waived through any contractual arrangement between a municipality and a landlord whereby the landlord agrees to be responsible for a tenant’s or future tenant’s payment of service charges.

(3) Any other provision of law to the contrary notwithstanding, any municipality may adopt an ordinance authorizing the municipality to withdraw and expend any security deposit collected by the municipality from any occupant or tenant for the provision of utility, water, or sewer services for the nonpayment of service charges by the occupant or tenant.

(4) In any case where a tenant subject to part II of chapter 83 does not make payment for service charges to a municipality for the provision of utility, water, or sewer services, the landlord may thereupon commence eviction proceedings. Nothing in this section shall be construed to prohibit a municipality from discontinuing service to a tenant who is in arrears 30 days or more, or as required by bond covenant.

History.—s. 1, ch. 84-292; s. 1, ch. 88-332; s. 1, ch. 89-272.

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F.S. 180.135 on Casetext

Amendments to 180.135

Arrestable Offenses / Crimes under Fla. Stat. 180.135

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 180.135.

Annotations, Discussions, Cases:

Cases Citing Statute 180.135

Total Results: 6

Jass Properties, LLC v. City of North Lauderdale

Court: Fla. Dist. Ct. App. | Date Filed: 2012-11-21T00:00:00-08:00

Citation: 101 So. 3d 400, 2012 Fla. App. LEXIS 20211, 2012 WL 5869997

Snippet: CURIAM. The issue in this case is whether section 180.135, Florida Statutes (2010), precludes a city from…contends that the ordinance conflicts with section 180.135, Florida Statutes (2010), which provides in pertinent…does not involve such a direct conflict. Section 180.135 does not expressly prohibit the City from declining

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Court: Fla. Att'y Gen. | Date Filed: 1994-06-21T00:53:00-07:00

Snippet: municipality, subject to the limitations of section 180.135, Florida Statutes, grant automatically perfected… conflict arises, state law prevails.4 Section 180.135, Florida Statutes, provides: Any other provision

Berke v. City of Miami Beach

Court: Fla. Dist. Ct. App. | Date Filed: 1990-10-16T00:00:00-07:00

Citation: 568 So. 2d 108, 1990 Fla. App. LEXIS 7879, 1990 WL 154893

Snippet: the ground that they were proscribed by section 180.135, Florida Statutes (1987), which provided:2 *109180.135…position was correct. In no uncertain terms, section 180.135 forbids the imposition of a lien against rental… § 110. Because of the requirements of section 180.135, Florida Statutes (1987), the judgment below is… imposed under this ordinance is contrary to § 180.135, Fla.Stat. (1987) and is thus invalid. See Rinzler…did not materially alter this provision. See § 180.135, Fla.Stat. (1989). . We agree that the plaintiff

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Court: Fla. Att'y Gen. | Date Filed: 1990-08-31T00:53:00-07:00

Snippet: substantially the following question: Does s. 180.135, F.S., prevent a municipality from accepting applications…from tenants of such property? In sum: While s. 180.135, F.S., on its face, does not contain a prohibition…purpose for the statute's enactment. Section 180.135(1)(a), F.S., provides: Any other provision of law…service provided to the former occupant. Thus, in s. 180.135, F.S., the Legislature has limited a municipality…nonpayment for services by a previous tenant. Section 180.135, F.S., on its face, does not address procedures

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Court: Fla. Att'y Gen. | Date Filed: 1985-08-28T00:53:00-07:00

Snippet: applicability of the provisions of s. 180.135 is not limited to Ch. 180. Section 180.135, F.S. (1984 Supp.), clearly… the effective date of s. 180.135. In sum, it is my opinion that s. 180.135, F.S. (1984 Supp.), applies…substantially the following question: DOES s. 180.135, F.S. (1984 SUPP.), PROHIBIT A MUNICIPALITY FROM… Rule Powers Act. It has been renumbered as s. 180.135, F.S. (1984 Supp.), by the Division of Statutory…D.C.A.Fla., 1982). The prohibition contained in s. 180.135 is applicable by its own terms notwithstanding

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Court: Fla. Att'y Gen. | Date Filed: 1985-04-30T00:53:00-07:00

Snippet: following question: ARE THE PROVISIONS OF s 180.135, F.S. (1984 SUPP.), APPLICABLE TO UTILITY SERVICE…TO THE EFFECTIVE DATE OF THIS SECTION? Section 180.135, F.S. (1984 Supp.), which became effective on June… of Ch. 84-292, Laws of Florida (codified as s 180.135, F.S. [1984 Supp.]), does not indicate that the… Catinella, 129 So.2d 133 (Fla. 1961). Section 180.135, F.S. (1984 Supp.), however, does not appear to…service charges. I have examined the provisions of s 180.135, F.S. (1984 Supp.), and find no expressed intent