Legal Opinion

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Florida Attorney General Reports

Decided December 29, 1978Published

1Opinion of the Court

Dewey R. Burnsed Attorney Leesburg

QUESTIONS:

1. Is the State of Florida immune from paying late charges on municipal utility bills?

2. Does the municipality have the right to cut off a state agency's electricity upon failure to timely pay for said services?

SUMMARY:

In the absence of any specific statutory provision or contractual agreement authorizing a municipality to charge the State of Florida a late fee for failure to timely remit payment of utility services provided by the municipality, or authorizing the municipality to discontinue said services for failure to pay, the State of Florida is…

2Cases cited7 opinions

  1. United States v. North CarolinaSupreme Court of the United States · 1890
  2. Boxwell v. Department of HighwaysSupreme Court of Louisiana · 1943
  3. Treadway v. TerrellSupreme Court of Florida · 1935
  4. Storey v. MayoSupreme Court of Florida · 1968
  5. Yancey v. North Carolina State Highway & Public Works CommissionSupreme Court of North Carolina · 1942

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