| 1 | A bill to be entitled |
| 2 | An act relating to municipal water and sewer utilities; |
| 3 | amending s. 180.191, F.S.; prohibiting certain |
| 4 | municipalities from imposing certain surcharges on |
| 5 | consumers outside their boundaries for provision of water |
| 6 | or sewer utility services; providing an effective date. |
| 7 |
|
| 8 | Be It Enacted by the Legislature of the State of Florida: |
| 9 |
|
| 10 | Section 1. Section 180.191, Florida Statutes, is amended |
| 11 | to read: |
| 12 | 180.191 Limitation on rates charged consumer outside city |
| 13 | limits.- |
| 14 | (1) Subject to subsection (4), any municipality within the |
| 15 | state operating a water or sewer utility outside of the |
| 16 | boundaries of such municipality shall charge consumers outside |
| 17 | the boundaries rates, fees, and charges determined in one of the |
| 18 | following manners: |
| 19 | (a) It may charge the same rates, fees, and charges as |
| 20 | consumers inside the municipal boundaries. However, in addition |
| 21 | thereto, the municipality may add a surcharge of not more than |
| 22 | 25 percent of such rates, fees, and charges to consumers outside |
| 23 | the boundaries. Fixing of such rates, fees, and charges in this |
| 24 | manner shall not require a public hearing except as may be |
| 25 | provided for service to consumers inside the municipality. |
| 26 | (b) It may charge rates, fees, and charges that are just |
| 27 | and equitable and which are based on the same factors used in |
| 28 | fixing the rates, fees, and charges for consumers inside the |
| 29 | municipal boundaries. In addition thereto, the municipality may |
| 30 | add a surcharge not to exceed 25 percent of such rates, fees, |
| 31 | and charges for said services to consumers outside the |
| 32 | boundaries. However, the total of all such rates, fees, and |
| 33 | charges for the services to consumers outside the boundaries |
| 34 | shall not be more than 50 percent in excess of the total amount |
| 35 | the municipality charges consumers served within the |
| 36 | municipality for corresponding service. No such rates, fees, and |
| 37 | charges shall be fixed until after a public hearing at which all |
| 38 | of the users of the water or sewer systems; owners, tenants, or |
| 39 | occupants of property served or to be served thereby; and all |
| 40 | others interested shall have an opportunity to be heard |
| 41 | concerning the proposed rates, fees, and charges. Any change or |
| 42 | revision of such rates, fees, or charges may be made in the same |
| 43 | manner as such rates, fees, or charges were originally |
| 44 | established, but if such change or revision is to be made |
| 45 | substantially pro rata as to all classes of service, both inside |
| 46 | and outside the municipality, no hearing or notice shall be |
| 47 | required. |
| 48 | (2) Whenever any municipality has engaged, or there are |
| 49 | reasonable grounds to believe that any municipality is about to |
| 50 | engage, in any act or practice prohibited by subsection (1), a |
| 51 | civil action for preventive relief, including an application for |
| 52 | a permanent or temporary injunction, restraining order, or other |
| 53 | order, may be instituted by the person or persons aggrieved. |
| 54 | (3) This section applies shall apply to municipally owned |
| 55 | water and sewer utilities within the confines of a single county |
| 56 | and may apply, pursuant to interlocal agreement, to municipally |
| 57 | owned water and sewer utilities beyond the confines of a single |
| 58 | county. |
| 59 | (4) A municipality located in a county that has a |
| 60 | population of more than 1.5 million as reported in the most |
| 61 | recent United States Decennial Census may not impose any |
| 62 | surcharges authorized under subsection (1) on consumers outside |
| 63 | the boundaries of the municipality. |
| 64 | (5)(4) In any action commenced pursuant to this section, |
| 65 | the court in its discretion may allow the prevailing party |
| 66 | treble damages and, in addition, a reasonable attorney's fee as |
| 67 | part of the cost. |
| 68 | Section 2. This act shall take effect upon becoming a law. |