Florida Statute 367.165 | Lawyer Caselaw & Research

The 2024 Florida Statutes

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 Citing Statute 367.165

Total Results: 4

NELSON P. SCHWOB v. JAMES C. GOSS

Court: District Court of Appeal of Florida | Date Filed: 2019-08-07

Snippet: the services provided by the utility. See also § 367.165 ("It is the intent of the Legislature that

Onewest Bank v. Palmero

Court: District Court of Appeal of Florida | Date Filed: 2019-04-24

Snippet: Co. of St. Louis v. Whitlock, 122 Fla. 363, 367, 165 So. 380, 382 (1936). “A ‘mortgage is the security

Department of Environmental Protection v. Landmark Enterprises, Inc.

Court: District Court of Appeal of Florida | Date Filed: 2009-02-25

Citation: 3 So. 3d 434, 2009 Fla. App. LEXIS 1495, 2009 WL 454567

Snippet: observing all statutory notice requirements of section 367.165, Florida Statutes (2007).[1] Pursuant to this section

Stockton v. C. I. T. Corp.

Court: District Court of Appeal of Florida | Date Filed: 1982-05-28

Citation: 414 So. 2d 606, 1982 Fla. App. LEXIS 20153

Snippet: filed suit against Pinnacle pursuant to Section 367.165, Florida Statutes (1979), for appointment of a