Florida Senate - 2011                                    SB 2014
       
       
       
       By Senator Braynon
       
       
       
       
       33-02309-11                                           20112014__
    1                        A bill to be entitled                      
    2         An act relating to municipal water and sewer
    3         utilities; amending s. 180.191, F.S.; prohibiting
    4         certain municipalities from imposing certain
    5         surcharges on consumers outside their boundaries for
    6         provision of water or sewer utility services;
    7         providing an effective date.
    8  
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 180.191, Florida Statutes, is amended to
   12  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) A municipality located in a county that has a
   61  population of more than 1.5 million as reported in the most
   62  recent United States Decennial Census may not impose any
   63  surcharges authorized under subsection (1) on consumers outside
   64  the boundaries of the municipality.
   65         (5)(4) In any action commenced pursuant to this section,
   66  the court in its discretion may allow the prevailing party
   67  treble damages and, in addition, a reasonable attorney’s fee as
   68  part of the cost.
   69         Section 2. This act shall take effect upon becoming a law.