Florida Statute 366.98 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 366
PUBLIC UTILITIES

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F.S. 366.98

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.

History.—s. 10, ch. 2023-304.

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Amendments to 366.98

Arrestable Offenses / Crimes under Fla. Stat. 366.98

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 366.98.

Annotations, Discussions, Cases:

Cases Citing Statute 366.98

Total Results: 1

Florida Power & Light Company v. Heydi Velez

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-22T00:00:00-07:00

Snippet: pending, the Florida Legislature enacted section 366.98, Florida Statutes (2023). The parties presented…arising out of emergencies and disasters,” section 366.98, Florida Statutes was enacted effective July 1,…expanding the jurisdiction of the PSC. Section 366.98(1) provides, in pertinent part: “Consistent with…response shall be resolved by the commission.” § 366.98(1), Fla. Stat. As with any statutory analysis,…disaster preparedness and response” is the PSC. § 366.98(1), Fla. Stat. As evidenced by the phrase “shall