Florida Statutes
Fla. Stat. § 366.98 (2025)
Public utility liability arising out of emergencies and disasters.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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366.98 Public utility liability arising out of emergencies and disasters.—
(1) A public utility is not liable for damages based in whole or in part on changes in the reliability, continuity, or quality of utility services which arise in any way out of an emergency or disaster, including, but not limited to, a state of emergency declared under s. 252.36. Consistent with the commission’s jurisdiction over public utility rates and service, issues relating to the sufficiency of a public utility’s disaster preparedness and response shall be resolved by the commission.
(2) This section does not create a new cause of action. In the event that there is a conflict between this section and any other section of the Florida Statutes, this section shall control.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2024–2024 · leading case: Florida Power & Light Co. v. Heydi Velez (Fla. 3d DCA 2024).
Florida Power & Light Co. v. Heydi Velez (Fla. 3d DCA 2024). “While the motion was pending, the Florida Legislature enacted section 366.98, Florida Statutes (2023). The parties presented 1 We express no opinion as to the viability of the class because any cause of action is not yet ripe.”
— 366.98(1) — 1 case
Florida Power & Light Co. v. Heydi Velez (Fla. 3d DCA 2024). “While the motion was pending, the Florida Legislature enacted section 366.98, Florida Statutes (2023). The parties presented 1 We express no opinion as to the viability of the class because any cause of action is not yet ripe.”
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