Florida Statute 367.165 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 367
WATER AND WASTEWATER SYSTEMS

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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.

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Amendments to 367.165

Annotations, Discussions, Cases:

Arrestable Offenses / Crimes under Fla. Stat. 367.165

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

S367.165 - PUBLIC ORDER CRIMES - ABANDON WATR SERVICE CUSTOMER W/O 60DAY NOTICE - M: F

Cases Citing Statute 367.165

Total Results: 3 | Sort by: Relevance | Newest First

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Stockton v. C. I. T. Corp., 414 So. 2d 606 (Fla. Dist. Ct. App. 1982).

Published | District Court of Appeal of Florida | 1982 Fla. App. LEXIS 20153

...he company and the state. The abstract company, as trustee, was not called upon by Pinnacle to assume the responsibilities of maintenance and operation of the sewerage system. On September 25, 1980, Bay County filed suit against Pinnacle pursuant to Section 367.165, Florida Statutes (1979), for appointment of a receiver to operate and maintain the sewerage system....

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Dep't of Env't Prot. v. Landmark Enter., Inc., 3 So. 3d 434 (Fla. 2d DCA 2009).

Published | Florida 2nd District Court of Appeal | 2009 Fla. App. LEXIS 1495, 2009 WL 454567

...In November 2007, when the DEP perceived that certain requirements of the injunction were not fulfilled, it filed a motion for contempt. Five months later, Landmark and Mr. Plank abandoned the facility, observing all statutory notice requirements of section 367.165, Florida Statutes (2007)....

...On June 4, 2008, the circuit court granted the county's petition and appointed the DEP receiver of the facility. That order is now before us. II. Analysis In its order appointing the DEP receiver of the facility, the 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(2)....

...Instead, its resolution must come from the executive and legislative branches, those branches of government that make and finance public policy. Appointment of receiver reversed; cause remanded for further proceedings. ALTENBERND and LaROSE, JJ., Concur. NOTES [1] This section provides as follows: 367.165....

...impropriety of the procedure that Highlands County used in injecting itself into this suit without leave of court to intervene or be named a party. The DEP claims that the county was required to initiate a separate suit by virtue of the directive in section 367.165(2) that a county petition the circuit court of the judicial circuit where the facility is domiciled....

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Nelson P. Schwob v. James C. Goss (Fla. 2d DCA 2019).

Published | Florida 2nd District Court of Appeal

...ave a constitutional right to terminate water and sewer service to the Petitioners is in conflict with section 367.011(2), which gives the PSC exclusive jurisdiction over each utility with respect to the services provided by the utility. See also § 367.165 ("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."). Although there do not appear to b...

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