Florida Statute 180.135 - Full Text and Legal Analysis

The 2025 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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Amendments to 180.135

Annotations, Discussions, Cases:

Cases Citing Statute 180.135

Total Results: 10

James v. City Of St. Petersburg

33 F.3d 1304, 1994 U.S. App. LEXIS 27669

Court of Appeals for the Eleventh Circuit | Filed: Oct 3, 1994 | Docket: 376115

Cited 6 times | Published

interruption of a tenant's utility service. Section 180.135(1)(a) prevents a utility from disallowing service

James v. City of St. Petersburg

33 F.3d 1304

Court of Appeals for the Eleventh Circuit | Filed: Oct 3, 1994 | Docket: 64018309

Cited 1 times | Published

interruption of a tenant’s utility service. Section 180.135(l)(a) *1307prevents a utility from disallowing

James v. City of St. Petersburg, Florida

6 F.3d 1457

Court of Appeals for the Eleventh Circuit | Filed: Dec 30, 1993 | Docket: 939063

Cited 1 times | Published

tenant's water service, directly or indirectly.6 Section 180.135(1)(a) proscribes a municipality's refusal or

Jass Properties, LLC v. City of North Lauderdale

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

District Court of Appeal of Florida | Filed: Nov 21, 2012 | Docket: 60226298

Published

CURIAM. The issue in this case is whether section 180.135, Florida Statutes (2010), precludes a city

Ago

Florida Attorney General Reports | Filed: Jun 21, 1994 | Docket: 3255640

Published

municipality, subject to the limitations of section 180.135, Florida Statutes, grant automatically perfected

James v. City of St. Petersburg

6 F.3d 1457, 1993 WL 432521

Court of Appeals for the Eleventh Circuit | Filed: Oct 22, 1993 | Docket: 64015224

Published

process was due in a Florida statute, Fla.Stat. § 180.135(4). The majority then misconstrues that statute

Berke v. City of Miami Beach

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

District Court of Appeal of Florida | Filed: Oct 16, 1990 | Docket: 64653761

Published

on the ground that they were proscribed by section 180.135, Florida Statutes (1987), which provided:2

Ago

Florida Attorney General Reports | Filed: Aug 31, 1990 | Docket: 3256216

Published

circumventing the purpose for the statute's enactment. Section 180.135(1)(a), F.S., provides: Any other provision

Ago

Florida Attorney General Reports | Filed: Aug 28, 1985 | Docket: 3256688

Published

provisions of s. 180.135 is not limited to Ch. 180. Section 180.135, F.S. (1984 Supp.), clearly prohibits a municipality

Ago

Florida Attorney General Reports | Filed: Apr 30, 1985 | Docket: 3258944

Published

PRIOR TO THE EFFECTIVE DATE OF THIS SECTION? Section 180.135, F.S. (1984 Supp.), which became effective