Florida Statute 337.404 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVI
PUBLIC TRANSPORTATION

Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY

View Entire Chapter

F.S. 337.404

337.404 Removal or relocation of utility facilities; notice and order; court review.—

(1) Whenever it becomes necessary for the authority to perform utility work as provided in s. 337.403, the owner of the utility or the owner’s chief agent shall be given notice that the authority will perform such work and, after the work is completed, shall be given an order requiring the payment of the cost thereof and a reasonable time, which may not be less than 20 or more than 30 days, in which to appear before the authority to contest the reasonableness of the order. Should the owner or the owner’s representative not appear, the determination of the cost to the owner shall be final. Authorities considered agencies for the purposes of chapter 120 shall adjudicate removal or relocation of utilities pursuant to chapter 120.

(2) A final order of the authority shall constitute a lien on any property of the owner and may be enforced by filing an authenticated copy of the order in the office of the clerk of the circuit court of the county wherein the owner’s property is located.

(3) The owner may obtain judicial review of the final order of the authority within the time and in the manner provided by the Florida Rules of Appellate Procedure by filing in the circuit court of the county in which the utility was relocated a petition for a writ of certiorari in the manner prescribed by said rules or in the manner provided by chapter 120 when the respondent is an agency for purposes of chapter 120.

History.—s. 130, ch. 29965, 1955; s. 16, ch. 63-512; s. 1, ch. 69-267; ss. 23, 35, ch. 69-106; s. 56, ch. 78-95; s. 144, ch. 84-309; s. 500, ch. 95-148; s. 36, ch. 2012-174.

Note.—Former s. 338.20.

F.S. 337.404 on Google Scholar

F.S. 337.404 on Casetext

Amendments to 337.404

Arrestable Offenses / Crimes under Fla. Stat. 337.404

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.404.

Annotations, Discussions, Cases:

Cases Citing Statute 337.404

Total Results: 2

Florida Power & Light Co. v. Russell Engineering, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2012-08-15T00:00:00-07:00

Citation: 96 So. 3d 1016, 2012 Fla. App. LEXIS 13569, 2012 WL 3326341

Snippet: utility company argues that sections 337.403 and 337.404, Florida Statutes (1999), provide the exclusive…utility company argued that sections 337.403 and 337.404 provided the county with the exclusive remedy of…utility company contends that sections 337.403 and 337.404 provided the county with the exclusive remedy of…supporting its argument that sections 337.403 and 337.404 provided the county with the exclusive remedy of…citations omitted). Here, sections 337.403 and 337.404 do not unequivocally state that they change the

Ago

Court: Fla. Att'y Gen. | Date Filed: 1997-06-18T00:53:00-07:00

Snippet: the department. 2 See, s. 337.404(1), Fla. Stat. 3 Id. See also, s. 337.404(3), Fla. Stat., allowing the