Florida Statute 366.98 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 366
PUBLIC UTILITIES

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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.

History.—s. 10, ch. 2023-304.

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Cases Citing Statute 366.98

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Florida Power & Light Co. v. Heydi Velez (Fla. Dist. Ct. App. 2024).

Published | District Court of Appeal of Florida

was pending, the Florida Legislature enacted section 366.98, Florida Statutes (2023). The parties presented

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