Florida Statute 153.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 153
WATER AND SEWER SYSTEMS

View Entire Chapter

153.04 Construction of water supply systems, water system improvements, sewage disposal systems, and sewer improvements.—Whenever the county commission of any of the several counties of the state by resolution chooses to exercise the powers granted by this chapter it shall make or cause to be made such surveys, investigations, studies, borings, maps, plans, drawings and estimates of costs and of revenues as it may deem necessary to prepare or have prepared so that such county commission shall have available to it a comprehensive study and report setting forth either or both of the following:

(1) The type and estimate of costs of each water supply system, the purchase or construction of which shall be deemed by it to be desirable and feasible, together with the location thereof, and of each integral part, and also setting forth what water system improvements, if any, it deems necessary to purchase or construct to protect the health of and render fire protection to the inhabitants of the county, together with the location by terminal points and route of each such improvement, a description thereof by its material, nature, character and size and an estimate of the cost of its purchase or construction.

(2)(a) The type of treatment and estimate of cost of each sewage disposal plant or system, the purchase, or construction of which shall be deemed by the county commission to be desirable and feasible, together with the location thereof and of each integral part, and also setting forth what sewer improvements, if any, it deems necessary to purchase or construct to protect the health of the inhabitants of the county, together with the location by terminal points and route of each such improvement, a description thereof by its material, nature, character, and size and an estimate of the cost of its purchase or construction.

(b) If such study and report reveals, or if it is a fact that any parcel, plot or area of land proposed to be served by county-owned and operated facilities as contemplated by this chapter is being served or there is available to it for service such facilities which are owned and operated by private individuals, copartnerships, corporations or associations, then the county is hereby prohibited from furnishing the facilities provided by this chapter to such property without the written consent of the owner or owners of such privately owned facilities.

(c) The obtaining of such surveys, investigations, studies, borings, maps, plans, drawings and estimates is hereby declared to be a county purpose and the costs thereof may be paid out of the general funds of the county.

(d) Upon receipt of such report the county commission may authorize the purchase and/or construction of such facilities as it may deem feasible and practicable.

(e) All public or private property damaged or destroyed in carrying out the powers granted by this chapter shall be restored or repaired and placed in its original condition as nearly as practicable or adequate compensation made therefor out of the funds provided by this chapter.

(f) The state hereby consents to the use of all state lands lying under water which are necessary for the accomplishments or purposes of this chapter.

History.—s. 4, ch. 29837, 1955.

F.S. 153.04 on Google Scholar

F.S. 153.04 on CourtListener

Amendments to 153.04

Annotations, Discussions, Cases:

Cases Citing Statute 153.04

Total Results: 4 | Sort by: Relevance | Newest First

Copy

Nuvox Commc'ns, Inc. v. Bellsouth Commc'ns, Inc., 530 F.3d 1330 (11th Cir. 2008).

Cited 9 times | Published | Court of Appeals for the Eleventh Circuit | 2008 U.S. App. LEXIS 12765, 2008 WL 2440000

were associated with the Bell system. 47 U.S.C. § 153(4). [2] The FCC has held that the obligations of

Copy

Broward Cnty. v. Hurwit, 216 So. 2d 225 (Fla. Dist. Ct. App. 1968).

Published | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 4678

...At that time the plaintiff had not owned any physical water or sewer facilities which were located on the property. “Omitting for the present plaintiff’s main point dealing with impairment of its bond contract, the defendants argue that the plaintiff is precluded from serving the area by §§ 153.03(1) and 153.04, F.S., [F.S.A.] saying that under the former section no facilities may be constructed, owned, operated or maintained by the plaintiff on property located within the corporate limits of the City of Lauderhill without the consent of its city cou...

...r Company were cancelled, and no legislation was found saving to the plaintiff the advantage of such certificates. “It further appears from the record that private water and sewer facilities are available to serve the area, bringing into operation § 153.04, F.S....

...The bonds contemplate that only the revenues derived from areas served (Section 4.14. No Competing System.) are pledged. The subject area has never been served by the plaintiff or its predecessor, South Broward Water Company. Furthermore, §§ 153.03(1) and 153.04, F.S....

Copy

A. E. Mountain v. Pinellas Cnty., 152 So. 2d 745 (Fla. Dist. Ct. App. 1963).

Published | District Court of Appeal of Florida | 1963 Fla. App. LEXIS 3644

...r 20066 of 1939, and chapter 29442 of 1953), the chancellor then ordered as follows: “It is Therefore, Ordered, Adjudged and Decreed as Follows: “1. That Chapter 153, Florida Statutes Annotated and particularly Section 153.03, subsection (8) and 153.04, subsection (2) thereof, do not apply to the Defendant, Pinellas County, in this cause and do not, therefore, in and of themselves, prohibit Pinellas County from establishing its water system in the Crystal Beach area of Pinellas County, Flori...

...ers of a privately owned water system, when and if taken over in whole or in part by the county (§ 153.03(8), Fla.Stat., F.S.A.), and prohibited a county from furnishing such facilities in an area already being served by a privately owned facility (§ 153.04(2)....

...This is so because the general act, in § 153.03, restricts the exercise by counties of the powers there listed to counties “which may hereafter come under the provisions of this chapter as hereinafter provided,” that is, to those-counties which elect to proceed thereunder. In § 153.04, dealing with construction of such water systems, it is provided as a condition precedent to a county’s right to exercise the powers granted, that a resolution so choosing shall be made by the county commissioners....

...twithstanding existence of plaintiffs’ privately owned water system in the area. The special acts relied on empowered the county to construct and operate the water system. Those special acts do not dontain a provision, such as the one appearing in § 153.04 of the general act, prohibiting the county from moving in on a territory already served by a privately owned facility....

Copy

Ago (Fla. Att'y Gen. 1981).

Published | Florida Attorney General Reports

costs and revenues of such proposed facilities. Section 153.04, F.S. See s.153.05, F.S., for the procedures

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.