House Bill 0791er
CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 791
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2 An act relating to municipal water and sewer
3 utilities; amending s. 180.191, F.S.;
4 eliminating limitations on utility rates
5 charged outside municipal boundaries in certain
6 municipalities in home rule charter counties;
7 providing an effective date.
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9 Be It Enacted by the Legislature of the State of Florida:
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11 Section 1. Section 180.191, Florida Statutes, is
12 amended to read:
13 180.191 Limitation on rates charged consumer outside
14 city limits.--
15 (1) Any municipality within the state operating a
16 water or sewer utility outside of the boundaries of such
17 municipality shall charge consumers outside the boundaries
18 rates, fees, and charges determined in one of the following
19 manners:
20 (a) It may charge the same rates, fees, and charges as
21 consumers inside the municipal boundaries. However, in
22 addition thereto, the municipality may add a surcharge of not
23 more than 25 percent of such rates, fees, and charges to
24 consumers outside the boundaries. Fixing of such rates, fees,
25 and charges in this manner shall not require a public hearing
26 except as may be provided for service to consumers inside the
27 municipality.
28 (b) It may charge rates, fees, and charges that are
29 just and equitable and which are based on the same factors
30 used in fixing the rates, fees, and charges for consumers
31 inside the municipal boundaries. In addition thereto, the
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CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 791
1 municipality may add a surcharge not to exceed 25 percent of
2 such rates, fees, and charges for said services to consumers
3 outside the boundaries. However, the total of all such rates,
4 fees, and charges for the services to consumers outside the
5 boundaries shall not be more than 50 percent in excess of the
6 total amount the municipality charges consumers served within
7 the municipality for corresponding service. No such rates,
8 fees, and charges shall be fixed until after a public hearing
9 at which all of the users of the water or sewer systems;
10 owners, tenants, or occupants of property served or to be
11 served thereby; and all others interested shall have an
12 opportunity to be heard concerning the proposed rates, fees,
13 and charges. Any change or revision of such rates, fees, or
14 charges may be made in the same manner as such rates, fees, or
15 charges were originally established, but if such change or
16 revision is to be made substantially pro rata as to all
17 classes of service, both inside and outside the municipality,
18 no hearing or notice shall be required.
19 (2) Whenever any municipality has engaged, or there
20 are reasonable grounds to believe that any municipality is
21 about to engage, in any act or practice prohibited by
22 subsection (1) or subsection (5), a civil action for
23 preventive relief, including an application for a permanent or
24 temporary injunction, restraining order, or other order, may
25 be instituted by the person or persons aggrieved.
26 (3) This section shall apply to municipally owned
27 water and sewer utilities within the confines of a single
28 county and may apply, pursuant to interlocal agreement, to
29 municipally owned water and sewer utilities beyond the
30 confines of a single county.
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ENROLLED
1998 Legislature HB 791
1 (4) This section shall not apply to a municipality in
2 a county operating under a home rule charter if that county
3 has in operation under the charter an agency regulating water
4 and sewer systems except as provided in subsection (5).
5 (5)(a) Any municipality operating a municipally owned
6 water and sewer utility and providing water and sewer service
7 outside the boundaries of the municipality, which municipality
8 is eligible for and specifically exercises the exemption from
9 county rate regulation as provided for in paragraph (b), shall
10 charge consumers outside the boundaries the same just and
11 equitable rates, fees, and charges as consumers inside the
12 municipal boundaries.
13 (b) The provisions of this section shall be applicable
14 within a county that was regulating water and sewer rates on
15 or before May 1, 1988, with respect to any municipality
16 operating a municipally owned water and sewer utility outside
17 the boundaries of the municipality, provided that:
18 1. The municipality was providing water and sewer
19 service to any consumers outside its municipal boundaries
20 before May 1, 1988;
21 2. The governing body of the municipality adopts an
22 ordinance, under the authority of this section, modifying the
23 current water and sewer system rate structure in such manner
24 as may be necessary to bring the method of rate determination
25 into compliance with the provisions of this subsection and
26 declaring the municipality's exemption, to take effect upon
27 the effective date of said ordinance, from county agency
28 regulation of water and sewer rates, fees, and charges; and
29 3. The municipality remains in compliance with the
30 provisions of this subsection.
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CODING: Words stricken are deletions; words underlined are additions.
ENROLLED
1998 Legislature HB 791
1 Nothing in this subsection shall be construed to require
2 eligible municipalities to so exempt themselves from county
3 rate regulation or to subject municipal water or sewer utility
4 rates, fees, and charges for services rendered within the
5 boundaries of a municipality to regulation by a county agency,
6 and any such rates, fees, and charges shall remain a matter of
7 municipal determination in accordance with law.
8 (4)(6) In any action commenced pursuant to this
9 section, the court in its discretion may allow the prevailing
10 party treble damages and, in addition, a reasonable attorney's
11 fee as part of the cost.
12 Section 2. This act shall take effect upon becoming a
13 law.
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