Florida Senate - 2026 CS for SB 1014
By the Committee on Regulated Industries; and Senator Mayfield
580-02458-26 20261014c1
1 A bill to be entitled
2 An act relating to the provision of municipal utility
3 service to owners outside the municipal limits;
4 amending s. 180.19, F.S.; defining terms; prohibiting
5 a municipal utility from declining to extend service
6 to properties outside its corporate limits under
7 certain circumstances; requiring a municipal utility
8 to expand its service to an owner who makes such a
9 request under certain circumstances; requiring the
10 municipal utility to make a determination within a
11 specified timeframe and provide such determination to
12 the owner in writing; requiring the municipal utility
13 to provide the owner with specified information and to
14 connect properties in a timely manner; authorizing a
15 municipal utility to establish minimum application
16 filing requirements; authorizing owners to bring a
17 civil action to enforce the act; authorizing a
18 prevailing owner to collect certain fees and costs;
19 requiring the court to order the utility to connect a
20 prevailing owner’s property; providing construction;
21 providing an effective date.
22
23 Be It Enacted by the Legislature of the State of Florida:
24
25 Section 1. Subsection (3) is added to section 180.19,
26 Florida Statutes, to read:
27 180.19 Use by other municipalities and by individuals
28 outside corporate limits.—
29 (3)(a) As used in this subsection, the term:
30 1. “Controlling municipality” means a municipality
31 operating a utility pursuant to subsection (1) or a municipality
32 that has granted a utility a privilege or franchise pursuant to
33 subsection (2).
34 2. “Main line” means a pipe or conduit that transports
35 wastewater from, or transports potable water to, lateral lines
36 serving multiple properties. The term does not include lateral
37 lines, service connections, customer-owned plumbing or piping
38 located on private property, or any pipe or conduit serving only
39 a single property.
40 3. “Municipal utility” means a water or sewer utility
41 constituted on the basis of subsection (1) or subsection (2).
42 4. “Owner” means a property owner or association of
43 property owners.
44 5. “Property” means lots or lands, or, in the case of an
45 association of property owners, the contiguous group of lots or
46 lands under the association of property owners.
47 6. “Sufficient capacity” means a water or sewer utility
48 having, as applicable, the infrastructure, water supply, and
49 managerial and financial ability to reliably meet current and
50 reasonably anticipated future water demands and treat wastewater
51 flows while maintaining compliance with applicable state and
52 federal drinking water and wastewater standards and
53 requirements.
54 (b) A municipal utility may not decline to extend service
55 to property outside of its corporate limits on the sole basis
56 that the owner refuses to assent or otherwise consent to such
57 property being annexed by that municipal utility’s controlling
58 municipality.
59 (c) Upon application for service by an owner, a municipal
60 utility must expand its service territory to allow an owner
61 whose property is located outside of the municipal utility’s
62 service territory to connect to the municipal utility if:
63 1. The property is not within the service territory of
64 another water or wastewater utility, as applicable;
65 2. The municipal utility has sufficient capacity to serve
66 the property’s anticipated water or wastewater load, as
67 applicable; or
68 3. The property is within one-half mile of a main line of
69 the municipal utility, measured by the closest property boundary
70 line from such main line.
71 (d) Upon application by an owner pursuant to paragraph (c),
72 the municipal utility must:
73 1. Within 90 days after receiving the application,
74 determine whether it has sufficient capacity to provide service
75 to the given property. Such determination may account for any
76 anticipated development on such property. The municipal utility
77 must provide, in writing, the owner with its determination and
78 the reasons for such determination.
79 2. If the municipal utility has sufficient capacity to
80 serve the property, it must provide the owner with the
81 anticipated fees, charges, contributions, and any other
82 requirements to connect the property to the municipal utility
83 under its existing fee, charge, and contribution structure.
84 3. Upon satisfaction of the requirements set forth by the
85 municipal utility pursuant to subparagraph 2., the municipal
86 utility shall connect the property to its system in a timely
87 manner.
88 (e) A municipal utility may establish reasonable minimum
89 filing requirements for an application submitted pursuant to
90 paragraph (c), including:
91 1. A reasonable estimate of the anticipated water and
92 wastewater load for the property, including accounting for any
93 anticipated development on such property;
94 2. The nature of any anticipated development on such
95 property; and
96 3. An application fee to cover the reasonable costs
97 associated with conducting the capacity determination and
98 assessing anticipated fees, charges, contributions, and other
99 requirements, pursuant to subparagraphs (d)1. and 2.
100 (f) If a municipal utility does not allow an owner to
101 connect to such utility in violation of this subsection, the
102 owner may bring a civil action to enforce this subsection in any
103 court of competent jurisdiction. If the owner prevails in such
104 enforcement action:
105 1. The owner may recover reasonable attorney fees and court
106 costs from the municipal utility; and
107 2. The court shall order the municipal utility to connect
108 to the owner’s property in question.
109 (g) This subsection may not be construed to prevent a
110 municipal utility from collecting any rate, fee, charge, or
111 contribution authorized under law, including those authorized
112 pursuant to s. 180.191.
113 Section 2. This act shall take effect July 1, 2026.