The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 367
WATER AND WASTEWATER SYSTEMS

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F.S. 367.165

367.165 Abandonment.—It is the intent of the Legislature that water or wastewater service to the customers of a utility not be interrupted by the abandonment or placement into receivership of the utility. Notwithstanding s. 367.171, this section applies to each county. To that end:

(1) A person, lessee, trustee, or receiver that owns, operates, manages, or controls a utility may not abandon the utility without giving 60 days’ notice to the county or counties in which the utility is located and to the commission. A person who violates this subsection commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775.083. Each day of such abandonment constitutes a separate offense. In addition, such act is a violation of this chapter, and the commission may impose upon the utility a penalty for each such offense of not more than $5,000 or may amend, suspend, or revoke its certificate of authorization; each day of such abandonment without prior notice constitutes a separate offense.

(2) After receiving such notice, the county, or counties acting jointly if more than one county is affected, shall petition the circuit court of the judicial circuit in which such utility is domiciled to appoint a receiver, which may be the governing body of a political subdivision or any other person deemed appropriate. The receiver shall operate the utility from the date of abandonment until such time as the receiver disposes of the property of the utility in a manner designed to continue the efficient and effective operation of utility service.

(3) The notification to the commission under subsection (1) is sufficient cause for revocation, suspension, or amendment of the certificate of authorization of the utility as of the date of abandonment. The receiver operating such utility shall be considered to hold a temporary authorization from the commission, and the approved rates of the utility shall be deemed to be the interim rates of the receiver until modified by the commission.

History.—ss. 23, 26, ch. 80-99; ss. 2, 3, ch. 81-318; s. 7, ch. 84-149; ss. 22, 26, 27, ch. 89-353; s. 51, ch. 91-224; s. 4, ch. 91-429; s. 7, ch. 2016-226.

F.S. 367.165 on Google Scholar

F.S. 367.165 on Casetext

Amendments to 367.165

Arrestable Offenses / Crimes under Fla. Stat. 367.165

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

S367.165 - PUBLIC ORDER CRIMES - ABANDON WATER SERVICE CUSTOMER WO 60DAY NOTICE - M: F

Annotations, Discussions, Cases:

Cases from cite.case.law:

DEPARTMENT OF ENVIRONMENTAL PROTECTION, v. LANDMARK ENTERPRISES, INC. n k a S. d b a a, 3 So. 3d 434 (Fla. Dist. Ct. App. 2009)

. . . Plank abandoned the facility, observing all statutory notice requirements of section 367.165, Florida . . . circuit court limited its legal inquiry to whether the DEP was a “person” within the meaning of section 367.165 . . . This provision empowers a court to appoint “any other person deemed appropriate” as receiver. § 367.165 . . . This section provides as follows: 367.165. . . . claims that the county was required to initiate a separate suit by virtue of the directive in section 367.165 . . .

STOCKTON, WHATLEY, DAVIN COMPANY, v. C. I. T. CORPORATION E., 414 So. 2d 606 (Fla. Dist. Ct. App. 1982)

. . . On September 25, 1980, Bay County filed suit against Pinnacle pursuant to Section 367.165, Florida Statutes . . .