Fla. Stat. 366.98
Public utility liability arising out of emergencies and disasters

(1)

A public utility is not liable for damages based in whole or in part on changes in the reliability, continuity, or quality of utility services which arise in any way out of an emergency or disaster, including, but not limited to, a state of emergency declared under s. 252.36. Consistent with the commission’s jurisdiction over public utility rates and service, issues relating to the sufficiency of a public utility’s disaster preparedness and response shall be resolved by the commission.

(2)

This section does not create a new cause of action. In the event that there is a conflict between this section and any other section of the Florida Statutes, this section shall control.

Source: Section 366.98 — Public utility liability arising out of emergencies and disasters, https://www.­flsenate.­gov/Laws/Statutes/2024/0366.­98 (accessed Aug. 7, 2025).

366.01
Legislative declaration 366.02
Definitions 366.03
General duties of public utility 366.04
Jurisdiction of commission 366.05
Powers 366.06
Rates 366.07
Rates 366.08
Investigations, inspections 366.09
Incrimination at hearing of commission 366.10
Judicial review 366.11
Certain exemptions 366.13
Taxes, not affected 366.14
Regulatory assessment fees 366.015
Interagency liaison 366.15
Medically essential electric public utility service 366.031
Definitions 366.032
Preemption over utility service restrictions 366.041
Rate fixing 366.042
Mutual aid agreements of rural electric cooperatives and municipal electric utilities 366.051
Cogeneration 366.055
Availability of, and payment for, energy reserves 366.057
Retirement of electrical power plants 366.071
Interim rates 366.072
Rate adjustment orders 366.075
Experimental and transitional rates 366.076
Limited proceedings 366.80
Short title 366.81
Legislative findings and intent 366.82
Definition 366.83
Certain laws not applicable 366.91
Renewable energy 366.92
Florida renewable energy policy 366.93
Cost recovery for the siting, design, licensing, and construction of nuclear and integrated gasification combined cycle power plants 366.093
Public utility records 366.94
Electric vehicle charging 366.095
Penalties 366.95
Financing for certain nuclear generating asset retirement or abandonment costs 366.96
Storm protection plan cost recovery 366.97
Redundant poles 366.98
Public utility liability arising out of emergencies and disasters 366.99
Natural gas facilities relocation costs 366.125
Natural gas jurisdiction limits 366.825
Clean Air Act compliance 366.8255
Environmental cost recovery 366.8260
Storm-recovery financing

Current through Fall 2025

§ 366.98. Pub. utility liability arising out of emergencies & disasters's source at flsenate​.gov