1 | A bill to be entitled |
2 | An act relating to municipal water and sewer utilities; |
3 | amending s. 180.191, F.S.; exempting municipalities in |
4 | certain counties from applicability of provisions limiting |
5 | the rates they may charge consumers outside their |
6 | boundaries for provision of water or sewer utility |
7 | services; providing an effective date. |
8 |
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9 | Be It Enacted by the Legislature of the State of Florida: |
10 |
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11 | Section 1. Section 180.191, Florida Statutes, is amended |
12 | to read: |
13 | 180.191 Limitation on rates charged consumer outside city |
14 | limits.-- |
15 | (1) Subject to subsection (4), any municipality within the |
16 | state operating a water or sewer utility outside of the |
17 | boundaries of such municipality shall charge consumers outside |
18 | the boundaries rates, fees, and charges determined in one of the |
19 | following manners: |
20 | (a) It may charge the same rates, fees, and charges as |
21 | consumers inside the municipal boundaries. However, in addition |
22 | thereto, the municipality may add a surcharge of not more than |
23 | 25 percent of such rates, fees, and charges to consumers outside |
24 | the boundaries. Fixing of such rates, fees, and charges in this |
25 | manner shall not require a public hearing except as may be |
26 | provided for service to consumers inside the municipality. |
27 | (b) It may charge rates, fees, and charges that are just |
28 | and equitable and which are based on the same factors used in |
29 | fixing the rates, fees, and charges for consumers inside the |
30 | municipal boundaries. In addition thereto, the municipality may |
31 | add a surcharge not to exceed 25 percent of such rates, fees, |
32 | and charges for said services to consumers outside the |
33 | boundaries. However, the total of all such rates, fees, and |
34 | charges for the services to consumers outside the boundaries |
35 | shall not be more than 50 percent in excess of the total amount |
36 | the municipality charges consumers served within the |
37 | municipality for corresponding service. No such rates, fees, and |
38 | charges shall be fixed until after a public hearing at which all |
39 | of the users of the water or sewer systems; owners, tenants, or |
40 | occupants of property served or to be served thereby; and all |
41 | others interested shall have an opportunity to be heard |
42 | concerning the proposed rates, fees, and charges. Any change or |
43 | revision of such rates, fees, or charges may be made in the same |
44 | manner as such rates, fees, or charges were originally |
45 | established, but if such change or revision is to be made |
46 | substantially pro rata as to all classes of service, both inside |
47 | and outside the municipality, no hearing or notice shall be |
48 | required. |
49 | (2) Whenever any municipality has engaged, or there are |
50 | reasonable grounds to believe that any municipality is about to |
51 | engage, in any act or practice prohibited by subsection (1), a |
52 | civil action for preventive relief, including an application for |
53 | a permanent or temporary injunction, restraining order, or other |
54 | order, may be instituted by the person or persons aggrieved. |
55 | (3) This section applies shall apply to municipally owned |
56 | water and sewer utilities within the confines of a single county |
57 | and may apply, pursuant to interlocal agreement, to municipally |
58 | owned water and sewer utilities beyond the confines of a single |
59 | county. |
60 | (4) This section does not apply to any municipality in a |
61 | county with a population of more than 1.5 million as reported in |
62 | the most recent United States Decennial Census. |
63 | (5)(4) In any action commenced pursuant to this section, |
64 | the court in its discretion may allow the prevailing party |
65 | treble damages and, in addition, a reasonable attorney's fee as |
66 | part of the cost. |
67 | Section 2. This act shall take effect upon becoming a law. |