The 2023 Florida Statutes (including Special Session C)

Title XXVI
PUBLIC TRANSPORTATION

Chapter 337
CONTRACTING; ACQUISITION, DISPOSAL, AND USE OF PROPERTY

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F.S. 337.404

337.404 Removal or relocation of utility facilities; notice and order; court review.—

(1) Whenever it becomes necessary for the authority to perform utility work as provided in s. 337.403, the owner of the utility or the owner’s chief agent shall be given notice that the authority will perform such work and, after the work is completed, shall be given an order requiring the payment of the cost thereof and a reasonable time, which may not be less than 20 or more than 30 days, in which to appear before the authority to contest the reasonableness of the order. Should the owner or the owner’s representative not appear, the determination of the cost to the owner shall be final. Authorities considered agencies for the purposes of chapter 120 shall adjudicate removal or relocation of utilities pursuant to chapter 120.

(2) A final order of the authority shall constitute a lien on any property of the owner and may be enforced by filing an authenticated copy of the order in the office of the clerk of the circuit court of the county wherein the owner’s property is located.

(3) The owner may obtain judicial review of the final order of the authority within the time and in the manner provided by the Florida Rules of Appellate Procedure by filing in the circuit court of the county in which the utility was relocated a petition for a writ of certiorari in the manner prescribed by said rules or in the manner provided by chapter 120 when the respondent is an agency for purposes of chapter 120.

History.—s. 130, ch. 29965, 1955; s. 16, ch. 63-512; s. 1, ch. 69-267; ss. 23, 35, ch. 69-106; s. 56, ch. 78-95; s. 144, ch. 84-309; s. 500, ch. 95-148; s. 36, ch. 2012-174.

Note.—Former s. 338.20.

F.S. 337.404 on Google Scholar

F.S. 337.404 on Casetext

Amendments to 337.404

Arrestable Offenses / Crimes under Fla. Stat. 337.404

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 337.404.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA POWER LIGHT COMPANY, v. RUSSELL ENGINEERING, INC., 96 So. 3d 1016 (Fla. Dist. Ct. App. 2012)

. . . The utility company argues that sections 337.403 and 337.404, Florida Statutes (1999), provide the exclusive . . . In response, the utility company argued that sections 337.403 and 337.404 provided the county with the . . . As in the circuit court, the utility company contends that sections 337.403 and 337.404 provided the . . . Here, sections 337.403 and 337.404 do not unequivocally state that they change the common law, nor are . . . The phrase which we have emphasized from section 337.404, “[w]henever it shall become necessary for the . . .