Florida Senate - 2024                                    SB 1088
       
       
        
       By Senator Martin
       
       
       
       
       
       33-01534-24                                           20241088__
    1                        A bill to be entitled                      
    2         An act relating to municipal water or sewer utility
    3         rates, fees, and charges; amending s. 180.191, F.S.;
    4         removing a provision that authorizes certain
    5         municipalities serving consumers outside their
    6         boundaries to add specific surcharges to the rates,
    7         fees, and charges; removing a provision that does not
    8         require a public hearing for adding specific
    9         surcharges; requiring certain municipalities to
   10         conduct rate studies at certain times; making
   11         technical changes; providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Subsection (1) of section 180.191, Florida
   16  Statutes, is amended, and a new subsection (5) is added to that
   17  section, to read:
   18         180.191 Limitation on rates charged consumer outside city
   19  limits.—
   20         (1) Any municipality within the state operating a water or
   21  sewer utility outside of the boundaries of such municipality
   22  shall charge consumers outside the boundaries rates, fees, and
   23  charges determined in one of the following manners:
   24         (a) It may charge the same rates, fees, and charges as
   25  consumers inside the municipal boundaries. However, in addition
   26  thereto, the municipality may add a surcharge of not more than
   27  25 percent of such rates, fees, and charges to consumers outside
   28  the boundaries. Fixing of such rates, fees, and charges in this
   29  manner shall not require a public hearing except as may be
   30  provided for service to consumers inside the municipality.
   31         (b) It may charge rates, fees, and charges that are just
   32  and equitable and which are based on the same factors used in
   33  fixing the rates, fees, and charges for consumers inside the
   34  municipal boundaries. In addition thereto, the municipality may
   35  add a surcharge not to exceed 25 percent of such rates, fees,
   36  and charges for said services to consumers outside the
   37  boundaries. However, the total of all such rates, fees, and
   38  charges for the services to consumers outside the boundaries
   39  shall not be more than 50 percent in excess of the total amount
   40  the municipality charges consumers served within the
   41  municipality for corresponding service. No such rates, fees, and
   42  charges shall be fixed until after a public hearing at which all
   43  of the users of the water or sewer systems; owners, tenants, or
   44  occupants of property served or to be served thereby; and all
   45  others interested shall have an opportunity to be heard
   46  concerning the proposed rates, fees, and charges. Any change or
   47  revision of such rates, fees, or charges may be made in the same
   48  manner as such rates, fees, or charges were originally
   49  established, but if such change or revision is to be made
   50  substantially pro rata as to all classes of service, both inside
   51  and outside the municipality, no hearing or notice shall be
   52  required.
   53         (5) Each municipality subject to subsection (1) must
   54  conduct a rate study every 7 years, beginning October 1, 2031.
   55         Section 2. This act shall take effect July 1, 2024.