Florida/Georgia Personal Injury & Workers Compensation

...The Legislature, for whatever reason, decided not to include stormwater runoff within the scope of chapter 180."). Alternatively, the City contends that even if stormwater utility services were not originally included in Chapter 180, the 2006 addition of section 180.03(3) brought stormwater utilities within the purview of Chapter 180, and, therefore, section 180.13's waiver of sovereign immunity now applies to stormwater utility fees. We respectfully disagree. As part of the 2006 amendment, the addition of section 180.03(3) was presented and adopted as an act "requiring municipalities to conduct certain studies for the construction of a new proposed sewerage system or the extension of an existing sewerage system prior to the adoption of certain resolutions or ordinances." Ch. 2006-252, Laws of Fla. (emphasis added). Specifically, section 180.03(3) mandates that when constructing or extending certain sewerage systems, a study must be conducted that involves "consideration of the local authority's obligations ......

...the provision's primary focus is plainly the construction or extension of a sewerage system, a utility that, unlike the City's stormwater utility, is expressly authorized *500 under Chapter 180. See § 180.06. Further, the only action authorized by section 180.03(3) that is arguably related to the City's stormwater utility is merely the consideration of a local authority's obligations for "water body cleanup and protection," and such consideration is only required as part of a "study" which mus...

...e construction or extension of certain sewerage systems. Thus, unlike section 180.06, which authorizes municipalities and certain private companies to "provide," "construct," "clean," and "improve" the specified utilities enumerated in that section, section 180.03(3) does not authorize any action whatsoever that relates directly to stormwater utilities....

...Red Oak moved to dismiss the petition alleging that the City failed to comply with the jurisdictional requirements of Chapter 180, 1 Florida Statutes. Specifically, Red Oak argued that by failing to pass a proper resolution proposing construction or extension of the utility pursuant to section 180.03, Florida Statutes (1991), or by passing an ordinance *83 or resolution authorizing construction or extension of the utility pursuant to section 180.-04, Florida Statutes (1991), the City failed to comply with the required statutory provision necessary to sustain a petition for condemnation....

...and PETERSON, J., concur. . Section 180.02, Florida Statutes (1991), reads in part: (2) Any municipality may extend and execute all of its corporate powers applicable for the accomplishment of the purposes of this chapter outside of its corporate limits ... Section 180.03, Florida Statutes (1991), reads in part: (1) When it is proposed to exercise the powers granted by this chapter, a resolution or ordinance shall be passed by the city council ......

...nstructed or extended and its purpose, the proposed territory to be included, what mortgage revenue certificates or debentures if any are to be issued to finance the project, the cost thereof, and such other provisions as may be deemed necessary.” § 180.03(1), Fla....

...Because the city did not adhere to Chapter 180, the petition in eminent domain was defective. The present case is distinguishable. Here, the City was condemning property inside its city limits. Therefore, it was not required to adopt resolutions pursuant to sections 180.03 and 180.04, but instead, was permitted to ac *498 quire the Church pursuant to its home rule powers to condemn property located within its boundaries absent an express prohibition....

...The court, in its findings of fact and conclusions of law, found that the appellant city had not presented to the court or entered into evidence a resolution or ordinance showing that they chose to exercise the powers granted to them under Chapter 180, Fla.Stats., as required by § 180.03, Fla....

CCH Commodity Futures Law Reporter 113322 Reg. § 180.3(b)(6). There is no agreement to arbitrate included

...80, it shall pass a resolution or ordinance designating the utility to be extended and its purpose, the proposed territory, the mortgage revenue certificates or debentures deemed necessary, if any, the cost thereof and any other relevant provisions. § 180.03(1), Fla. Stat. (1991). An objection to any resolution or ordinance must be filed in writing with the municipality’s governing body and a hearing held within 30 days after its passage. § 180.03(2), Fla....