The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES

Chapter 180
MUNICIPAL PUBLIC WORKS

View Entire Chapter

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.

F.S. 180.135 on Google Scholar

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 from cite.case.law:

JASS PROPERTIES, LLC, a v. CITY OF NORTH LAUDERDALE,, 101 So. 3d 400 (Fla. Dist. Ct. App. 2012)

. . . The issue in this case is whether section 180.135, Florida Statutes (2010), precludes a city from requiring . . . Jass contends that the ordinance conflicts with section 180.135, Florida Statutes (2010), which provides . . . Section 180.135 does not expressly prohibit the City from declining to contract with tenants for water . . .

JAMES, v. CITY OF ST. PETERSBURG, FLORIDA, L. St. D. St., 33 F.3d 1304 (11th Cir. 1994)

. . . (l)(a), and 180.135(4) (1993). . . . Section 180.135(l)(a) prevents a utility from disallowing service to an owner or a tenant based on nonpayment . . . Fla.Stat. ch. 180.135(4) (1993). . . . Section 180.135(3) of the Florida Statutes assumes there will be a security deposit, allowing a utility . . . Fla.Stat. eh. 180.135(3) (1993). . . .

JAMES, v. CITY OF ST. PETERSBURG, FLORIDA, L. St. D. St., 6 F.3d 1457 (11th Cir. 1993)

. . . Ch. 180.135(4).” . . . erroneously finds the answer to the question of what process was due in a Florida statute, Fla.Stat. § 180.135 . . . Fla.Stat. § 180.135(4) (West Supp.1993) (emphasis added). . . . Section 180.135(3) of the Florida Statutes specifically contemplates a security deposit. Fla. . . . . § 180.135(3) (West Supp.1993). . . . . Section 180.135(l)(a) proscribes a municipality’s refusal or discontinuance of water service to a tenant . . . This is so because James was entitled to a thirty-day grace period under Fla.Stat. § 180.135(4). . . . service at her residence, James did not waive her right to the thirty-day window under Fla.Stat. § 180.135 . . . Fla.Stat. § 180.135 (1991)—Utility services provides in part: (l)(a) Any other provision of law to the . . . See also recent changes in Fla.Stat. ch. 180.135 (1988). . . . .

BERKE, v. CITY OF MIAMI BEACH,, 568 So. 2d 108 (Fla. Dist. Ct. App. 1990)

. . . filed an action to discharge the liens essentially on the ground that they were proscribed by section 180.135 . . . , Florida Statutes (1987), which provided: 180.135 Utility services; refusal or discontinuance of services . . . Because of the requirements of section 180.135, Florida Statutes (1987), the judgment below is reversed . . . As applied to a case like this, a lien imposed under this ordinance is contrary to § 180.135, Fla.Stat . . . See § 180.135, Fla.Stat. (1989). . . . .