CopyCited 15 times | Published | Court of Appeals for the Eleventh Circuit
...tate policy which authorizes Dade City to engage in anticompetitive conduct. We hold Dade City’s conduct was authorized by clearly articulated state policy. Appellants argue the Florida legislature was neutral toward this conduct because Fla.Stat. § 180.06 is merely a vague enabling statute more analogous to the Home Rule Amendment in City of Boulder than the Wisconsin statutes in Hallie....
...The Colorado Home Rule Amendment was characterized as neutral because it was completely silent regarding the city’s conduct. City of Boulder,
455 U.S. at 55 ,
102 S.Ct. at 842-43 . Here, the Florida legislature has enacted several statutes concerning municipalities and their water and sewage systems. Fla.Stat. §
180.06(3), (6) (1985) authorizes municipalities “to provide a water supply for domestic, municipal or industrial uses” and “incidental to such purposes and to enable the accomplishment of the same, to construct reservoirs, sewerage systems, trunk sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems, purification works, collection systems, treatment and disposal works.” Section
180.06 also provides that a private company or municipality shall not construct any system ......
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 2012 Fla. App. LEXIS 519, 2012 WL 126858
...Chapter 403 and Chapter 180 serve different purposes: while Chapter 403 governs "Pollution Control," Chapter 180 governs "Municipal Public Works." Although these broad subjects are clearly related on certain levels, the statutory provisions of these Chapters are not interchangeable. More importantly, section 180.06, Florida Statutes (2009), which specifically lists the utility services within the ambit of Chapter 180, does not include stormwater utility services....
...on." This reference, however, is merely peripheral 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....
...eration of a local authority's obligations for "water body cleanup and protection," and such consideration is only required as part of a "study" which must be conducted prior to the 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....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 1986 U.S. App. LEXIS 24878, 54 U.S.L.W. 2625
...tate policy which authorizes Dade City to engage in anticompetitive conduct. We hold Dade City’s conduct was authorized by clearly articulated state policy. Appellants argue the Florida legislature was neutral toward this conduct because Fla.Stat. § 180.06 is merely a vague enabling statute more analogous to the Home Rule Amendment in City of Boulder than the Wisconsin statutes in Hallie....
...The Colorado Home Rule Amendment was characterized as neutral because it was completely silent regarding the city’s conduct. City of Boulder,
455 U.S. at 55 ,
102 S.Ct. at 842-43 . Here, the Florida legislature has enacted several statutes concerning municipalities and their water and sewage systems. Fla.Stat. §
180.06(3), (6) (1985) authorizes municipalities “to provide a water supply for domestic, municipal or industrial uses”[ 5 ] and “incidental to such purposes and to enable the accomplishment of the same, to construct reservoirs, sewerage systems, trunk sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems, purification works, collection systems, treatment and disposal works.” Section
180.06 also provides that a private company or municipality shall not construct any system ......
...It was not necessary for the court to do so, however, because conduct exempt under the federal antitrust laws is also exempt from the Florida Antitrust Act of 1980. Fla.Stat. §
542.20 (1985). See Auton v. Dade City,
783 F.2d 1009 , 1010 n. 1 (11th Cir.1986). 5 . Similarly, Fla.Stat. §
180.06(4) (1985) authorizes municipalities “[t]o provide for the collection and disposal of sewage.” 6 ....
CopyCited 6 times | Published | Florida 2nd District Court of Appeal
...uch agency, including tax reverted land, or to grant use rights therein to any flood control district created under any law enacted by the legislature at its 1949 session." The delegation of powers to municipalities, among other things, provides, in § 180.06, Florida Statutes, F.S.A.: "Any municipality or private company organized for the purposes contained in this chapter, is authorized * * * (4) to provide for the collection and disposal of sewage and other liquid wastes; (5) to provide for t...
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 1995 WL 147367
...ry for the public purpose of constructing a jail." On appeal, appellant contends the city's purpose in exercising its eminent domain power in this case is not a valid municipal purpose. Appellee relies on its authority to construct jails pursuant to section 180.06, Florida Statutes, as the valid municipal purpose to be served. However, since it is quite clear the city does not intend to build or operate a jail, [2] section 180.06 is not determinative....
...ERVIN, JOANOS and MINER, JJ., concur. NOTES [1] The temporary injunction allowed the city and county to conduct tests on the property, and those tests have already been carried out; thus as to the temporary injunction, this issue appears to be moot. [2] Section 180.06 authorizes municipalities to construct and operate jails....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 3766, 1991 WL 61812
...ven dominion over decisions of the Public Service Commission. 3. The Plaintiff's actual operation of its water and sewer utility within its certificated territory is in territory which is immediately adjacent to the Defendant. Therefore, pursuant to Section 180.06, Florida Statutes (1989), the Defendant must obtain the Plaintiff's consent before construction of water and sewer utilities within the Plaintiff's certificated area....
...ry as described in the certificates to the exclusion of all other utilities, including those owned by the Defendant. Accordingly, the Defendant may not extend its water and sewer utility lines into any part of the Plaintiff's certificated territory. Section 180.06, Florida Statutes, after enumerating activities authorized by municipalities and private companies, provides: *223 However, a private company or municipality shall not construct any system, work, project or utility authorized to be con...
...haracter is being actually operated by a municipality or private company in the municipality or territory immediately adjacent thereto, unless such municipality or private company consents to such construction. [Emphasis added]. The city argues that section 180.06, Florida Statutes, does not apply because the private company does not actually provide services to the disputed area....
...kely be operated without financially jeopardizing each other's operating revenues if erected in the same consumer territory. State v. Plant City,
127 Fla. 495,
173 So. 363 (Fla. 1937) (construing Ch. 17119, § 1, Laws of Fla., predecessor statute to §
180.06, Fla. Stat.). In regard to section
180.06, Florida Statutes, in Ortega Utility v....
...The subject property has now been annexed at the request of the property owner and is part of the municipality. The municipality may now serve the area without a permit from the Public Service Commission. If it is to be prohibited from proceeding to provide service, it must be under the strictures of section 180.06....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2005 WL 711707
...Polk City does not pass this test. *1103 Polk City claims that it has an exclusive right to provide water and wastewater services to the annexed property and that the annexation will materially affect this right. Polk City points to statutory language as the source of this right. Section 180.06, Florida Statutes (2003), titled "Activities Authorized by Municipalities and Private Companies," instructs: Any municipality or private company organized for the purposes contained in this chapter, is authorized: .......
CopyCited 2 times | Published | Florida 1st District Court of Appeal | 2008 Fla. App. LEXIS 8981, 2008 WL 2403694
...pplicable here in light of the facts found below and recited in the judgment under review. The circuit court ultimately ruled that BDI did not act on behalf of a public entity so as to make its documents public records subject to chapter 119. Citing section 180.06, Florida Statutes, [4] however, the circuit court first concluded that "BDI ha[d] entered into a contract with the City whereby BDI [wa]s to perform public functions on behalf of the City." The trial court found furthermore that "the c...
...tanfield v. Salvation Army,
695 So.2d 501, 502 (Fla. 5th DCA 1997), and the Putnam County Humane Society's animal abuse investigation and removal services in Putnam County Humane Soc'y, Inc. v. Woodward,
740 So.2d 1238, 1240 (Fla. 5th DCA 1999). [4] Section
180.06 authorizes any municipality, including the City of Apalachicola: (3) To provide water and alternative water supplies, including, but not limited to, reclaimed water, and water from aquifer storage and recovery and desalination systems...
...ection systems, treatment and disposal works; . . . . (9) To construct such other buildings and facilities as may be required to properly and economically operate and maintain said works necessary for the fulfillment of the purposes of this chapter. § 180.06, Fla....
CopyPublished | District Court of Appeal of Florida | 13 Fla. L. Weekly 2117, 1988 Fla. App. LEXIS 4045, 1988 WL 93069
...-of-way permit *372 since granting it would allow extension of service into an uncertificated area. Ortega filed its petition for mandamus to require the City to issue a permit for work in the right-of-way on the grounds it has the legal right under section 180.06, Florida Statutes, to provide water to its customers and to construct pipe lines and engage in such other construction and activities as may be necessary to provide such water supplies....
CopyPublished | District Court, S.D. Florida | 1998 U.S. Dist. LEXIS 8473, 1998 WL 310651
...(the "SWMA"), indicates that waste collection is no longer a traditional municipal function in Florida. The Court rejects these contentions. The Florida Statutes and Florida caselaw support Miami Shores' arguments that waste collection is indeed a traditional municipal function. See Fla. Stat. § 180.06(5) (1997) (authorizing municipalities to "provide for the collection and disposal of garbage"); id....
...of Directors of Lee County,
38 F.3d 1184, 1187-88 (11th Cir.1994)). Plaintiffs argue that Miami Shores fails both the second and third parts of the Crosby test. [6] In support of its assertion of state action immunity, Miami Shores relies on Florida Statutes §§
180.06(5) and
180.13(2). Florida Statutes §
180.06(5) authorizes municipalities to "provide for the collection and disposal of garbage." Florida Statutes §
180.13(2), in turn, grants municipalities the power to "establish just and equitable rates or charges to be paid to the municipality for the use of [a] utility by each person, firm or corporation whose premises are served thereby ...." This Court concludes that Florida Statutes §§
180.06(5) and
180.13(2) "generally authorize" Miami Shores to provide waste collection services, see Crosby,
93 F.3d at 1532, and also constitute a "clearly articulated and affirmatively expressed" state policy to displace competition in the area of waste collection....
...As in Town of Hallie, in *1357 the instant case "it is clear that anticompetitive effects logically would result from this broad authority to regulate." Id.
471 U.S. at 42,
105 S.Ct. 1713. In addition, the Eleventh Circuit has previously found that similar legislative grants of authority contained in Fla. Stat. §
180.06 and related sections governing water and sewage services satisfied the state action test....
...ion in waste collection, and that the Court need not determine whether the Ordinance technically complies with the SWMA, as long as Florida has expressed a policy which contemplates anticompetitive behavior by the municipality. Although Fla. Stat. §§
180.06(5) and
180.13(2) satisfy the state action test, thereby immunizing Miami Shores' anticompetitive behavior from the federal antitrust laws, the Court finds that Florida's SWMA expresses a policy supporting competition in waste processing involving "source-separated recovered materials" (SSRMs)....
CopyPublished | Florida 4th District Court of Appeal | 1998 Fla. App. LEXIS 5964, 1998 WL 264109
...of such facilities within the same municipal service area. [1] Essentially, Jupiter alleged that the construction of the reverse osmosis expansion would improperly duplicate and compete with its own fresh water facilities. Jupiter claimed that under section 180.06 Tequesta was required to obtain its consent before expanding its water treatment facility....
...ight to service its territory by any other means if it chose to do so. The trial court then granted Tequesta's motion for summary judgment, finding that Jupiter had no standing to challenge Tequesta's right to construct the reverse osmosis facility. Section 180.06 provides in pertinent part that: "a ......
...within Tequesta's consumer service area. The record establishes without contradiction that Jupiter is therefore not actually operating within the area serviced by Tequesta. Ortega Utility v. City of Jacksonville,
564 So.2d 1156 (Fla. 1st DCA 1990) (section
180.06 prohibits only direct encroachment by one utility provider into an operating area already served by another); City of Mount Dora v. JJ's Mobile Homes Inc.,
579 So.2d 219 (Fla. 5th DCA 1991). AFFIRMED. STONE, C.J., and GROSS, J., concur. NOTES [1] §
180.06, Fla....
CopyPublished | Florida 2nd District Court of Appeal
...That case is
inapposite because it does not involve the statutory definition of "parties affected." Polk
City did not assert it was a party "affected" pursuant to section
171.031(5), Florida
Statutes (2003), presumably because it did not come within the statutory definition.
Instead, it relied on section
180.06, Florida Statutes (2003), and claimed that because
the annexation would affect its rights under that statute, it was entitled to challenge the
annexation....
CopyAgo (Fla. Att'y Gen. 1992).
Published | Florida Attorney General Reports
...nd effect of each, 11 but the billing formulas set forth in s.
180.191 , F.S., have been found by the courts to be reasonable and constitutional limiting the possibility of legal challenge. 12 1 See , 62 C.J.S. Municipal Corporations s. 141. 2 See , s.
180.06 , F.S. 3 Section
180.06 (6), F.S....
CopyPublished | Supreme Court of Florida | 10 Fla. L. Weekly 349, 1985 Fla. LEXIS 3494
...’s intervention. The trial court agreed, disallowed the intervention, and approved the bonds. We agree with Davie that Sunrise’s claim that a portion of the funds to be received from the sale of revenue bonds may possibly be used in violation of section 180.06, Florida Statutes (1983), is not a pertinent issue to be raised in the validation hearing....
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 4891, 1990 WL 95333
MINER, Judge. The pivotal issue in this appeal is whether, under the facts of this case, the provisions of section 180.06, Florida Statutes, apply to the City of Jacksonville (City)....
...on main to be located near, but outside, Ortega’s certificated area. *1157 On November 6, 1987, Ortega filed a complaint seeking declaratory and injunc-tive relief against the City alleging that such planned construction constituted a violation of section 180.06, Florida Statutes, which provides, among other things, that a party wishing to construct such facilities must obtain the consent of any municipality or private company operating facilities of a similar character in the immediately adjacent area....
...’s construction was not “immediately adjacent” to appellants’ operations and that the utilities operated by the parties were not of similar character. The City argues not only that the trial court was correct in its findings but further that section 180.06, Florida Statutes cannot be used to limit the broad powers granted municipalities to provide water and sewer service....
...In analyzing the arguments of the parties, we find that we need not address whether the City’s construction was “immediately adjacent” to the services provided by Ortega or whether the two services were of “similar character”. The City is correct in asserting that section 180.06, Florida Statutes, should not be applied to prohibit the construction in question....
...We so conclude not because of the City’s au *1158 thority to provide such services but rather because the statute does not prohibit construction of these services in previously unserved areas. In State v. Plant City,
127 Fla. 495 ,
173 So. 363 (1937) the supreme court defined the purpose of the statutory predecessor of section
180.06, Florida Statutes, as follows: The restriction of the statute was designed to avoid the wastefulness of encouraging duplicate capital investments for competing utilities that could not likely be operated without financially jeopardizin...
...er’s operating revenues if erected in the same consumer territory- Id.
173 So. at 364 . The briefs of the parties explore at considerable length what is meant by the term “immediately adjacent”. As we view the matter, however, the confusion in section
180.06 is not in the definition of that term but rather in that phrase’s referent, i.e., what are the objects or territories that must be immediately adjacent to one another so that consent is necessary? The fundamental question presented,...
...Under our interpretation, there would be no duplicate capital investment within the same consumer territory. Rather, the City would merely extend utilities service to a previously unserved area. Moreover, it would be anomalous in the extreme to interpret section 180.06 to require the City to obtain Ortega’s consent to serve the unserved when Ortega has neither the capacity nor any future plans to provide such services....
CopyPublished | District Court of Appeal of Florida | 1968 Fla. App. LEXIS 6128
...om the corporate limits for the purpose of constructing, operating or maintaining a sewer or water system therein, nor could the city construct any water or sewer system, work, project or utility in the franchise area by virtue of the prohibition of § 180.06, Fla.Stats., F.S.A., which provides in pertinent part as follows: “ * * * provided, however, that a private company or municipality shall not construct any system, work, project or utility authorized to be constructed hereunder in the eve...
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 500, 1999 WL 22430
...ability to provide such service to Lennar’s development, as evidenced by the FPSC’s previous approval of its application to extend its service boundaries. It alleged further that Clermont was prohibited from providing water service to Lennar by section 180.06(9), Florida Statutes (1991)....
...The City of Clermont’s ordinance no. 273-C has the earliest date of any document in evidence and indicates that the City attempted to secure the area in question for utility service first. It must be determined whether that ordinance meets the requirements of the statutes [sic] 7. Section
180.06(3), Florida Statutes, states that a municipality has the power to supply water. Section
180.02(2), Florida Statutes, states that a municipality has the power to extend any of its powers beyond its corporate limits provided such is not extended into the corporate limits of another municipality. Section
180.06(9) prohibits- one utility from encroaching upon an area already served by another without their consent....
...ns of Indialantie and Melbourne Beach and charge subscribers inside and outside of towns a higher water rate than those within corporate limits of Melbourne). Municipalities are authorized to provide water for domestic, municipal or industrial uses. § 180.06(3), Fla....
...Under these circumstances, Clermont should not be permitted to now provide water service to Lennar because it is economically feasible and profitable for it to do so, more than five years after it first obtained the right to do so. In JJ’s Mobile Homes, this court explained why section 180.06(9), Florida Statutes (1991) prohibits a private company or municipality from building a water utility in an area adjacent to an area in which one is already operating: The restriction of the statute was designed to avoid the wastefulne...
CopyPublished | District Court of Appeal of Florida
...of selling and distributing liquified petroleum gas within the said unincorporated areas in Dade County; that plaintiff is a private company having power to construct and operate gas plants and distribution systems as provided by Sections
180.05 and
180.06, Fla.Stat., F.S.A.; that plaintiff is a public utility within Section
180.07, Fla.Stat., F.S.A., and thereby subject to the rules and regulations of the Florida Rail *837 road and Public Utilities Commission; that plaintiff did construct a sys...
...24th Street and S.W. 56th Street”; that defendant has obtained permits from Dade County for the construction of gas mains in the same area where plaintiff is furnishing natural gas; that such construction by the defendant will defeat the purpose of Section 180.06; that plaintiff has never consented to such encroachment by the defendant; and that the defendant, not being a public utility subject to the rules and regulations of the Florida Railroad and Public Utilities Commission, has no right to undertake the construction of the gas system or the servicing of such system since the same is prohibited by Section 180.06....
...The complaint fails to state a claim upon which equitable relief can be granted. “2. It affirmatively appears from the complaint that the area concerned is not within a municipality or the territory immediately adjacent thereto, as required in order to state a cause of action under Florida Statutes 180.06. “3. It affirmatively appears from the complaint that the plaintiff has no franchise or other property rights required to bring its system within the protection of Florida Statutes 180.06, in the area concerned....
...ith prejudice. The controlling question is whether the facts alleged in the complaint, as set forth herein, constitute a cause of action under the laws of Florida, entitling the appellant to relief. The appellant relies entirely on the provisions of Section 180.06, Fla.Stat., F.S.A., for the injunctive relief sought....
...dant was attempting either to establish a similar system within the same municipality limits or in the territory immediately adjacent thereto. Accordingly, ft follows that we are unable to determine whether plaintiff is entitled to the protection of Section 180.06, Fla.Stat., F.S.A., which is for the protection of companies already operating “in the municipality or territory immediately adjacent thereto.” Even if plaintiff has interpreted the statute correctly he has failed to set forth sufficient facts to bring him within the purview of the statute....
CopyPublished | District Court of Appeal of Florida | 1967 Fla. App. LEXIS 4716
corporation by the Florida Statutes. Florida Statutes §
180.06 F.S.A., provides : “Activities authorized by municipalities
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
and (4), Fla. Stat. (1993). Mr. Richard S. 2 Section
180.06(6), Fla. Stat. (1993). 3 Section
180.24(1)
