Florida Statutes
Fla. Stat. § 388.161 (2025)
District boards of commissioners; powers and duties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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388.161 District boards of commissioners; powers and duties.—
(1) The board of commissioners may do any and all things necessary for the control and elimination of all species of mosquitoes and other arthropods of public health importance and the board of commissioners is specifically authorized to provide for the construction and maintenance of canals, ditches, drains, dikes, fills, and other necessary works and to install and maintain pumps, excavators, and other machinery and equipment, to use pesticides registered by the department but only in such quantities as may be necessary to control mosquito breeding and not be detrimental to fish life.
(2) The board of commissioners shall have all the powers of a body corporate, including the power to sue and be sued as a corporation in said name in any court; to contract, to adopt and use a common seal and alter same at pleasure, to purchase, hold, lease, and convey such real estate and personal property as said board may deem proper to carry out the purpose of this chapter; to acquire by gift real estate, personal property, and moneys and to employ a field director and such trained personnel, legal, clerical or otherwise, and laborers as may be required. The board of commissioners shall adopt such rules not inconsistent with the provisions of this chapter or with other legislation which in its judgment may be necessary for the proper enforcement of this chapter provided such rules are approved by the department.
History.—s. 2, ch. 59-195; ss. 19, 35, ch. 69-106; s. 158, ch. 77-147; s. 6, ch. 92-203; s. 5, ch. 2012-190.
Notes of Decisions
Cited in 3
cases, 1968–2014 · leading case: Florida Virtual Sch., etc. v. K12, Inc., 148 So. 3d 97 (Fla. 2014).
Florida Virtual Sch., etc. v. K12, Inc., 148 So. 3d 97 (Fla. 2014). “”); § 388.161(2), Fla. Stat. (2013) *103 (the governing body of a mosquito control district “shall have all the powers of a body corporate, including the power to sue and be sued as a corporation in said name in any court.”
Florida Virtualschool v. K12, Inc., 773 F.3d 233 (11th Cir. 2014). “”); § 388.161(2), Fla. Stat. (2013) (the governing body of a mosquito control district “shall have all the powers of a body corporate, including the power to sue and be sued as a corporation in said name in any court.”
Holley v. Morris, 206 So. 2d 669 (Fla. 1st DCA 1968). “t erosion and damage to plaintiffs’ adjacent lands; or, (b) close the ditch across plaintiffs’ land and restore the property to the condition it occupied prior to the construction of the ditch by defendants; or, (c) acquire by gift, purchase, or eminent domain such portion of…”
— 388.161(2) — 2 cases
Florida Virtual Sch., etc. v. K12, Inc., 148 So. 3d 97 (Fla. 2014). “”); § 388.161(2), Fla. Stat. (2013) *103 (the governing body of a mosquito control district “shall have all the powers of a body corporate, including the power to sue and be sued as a corporation in said name in any court.”
Florida Virtualschool v. K12, Inc., 773 F.3d 233 (11th Cir. 2014). “”); § 388.161(2), Fla. Stat. (2013) (the governing body of a mosquito control district “shall have all the powers of a body corporate, including the power to sue and be sued as a corporation in said name in any court.”
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