Florida Senate - 2026 CS for CS for SB 1014
By the Committees on Community Affairs; and Regulated
Industries; and Senator Mayfield
578-02729-26 20261014c2
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; providing an exception;
8 requiring a municipal utility to expand its service to
9 an owner who makes such a request under certain
10 circumstances; requiring the municipal utility to make
11 a determination within a specified timeframe and
12 provide such determination to the owner in writing;
13 requiring the municipal utility to provide the owner
14 with specified information and to connect properties
15 in a timely manner; authorizing a municipal utility to
16 establish minimum application filing requirements;
17 authorizing owners to bring a civil action to enforce
18 the act; authorizing a prevailing owner to collect
19 certain fees and costs; requiring the court to order
20 the utility to connect a prevailing owner’s property;
21 providing construction; 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 residential property owner, an
43 association of residential property owners, or a developer of
44 property to be used for residential purposes, including
45 supporting amenities.
46 5. “Property” means lots or lands, or, in the case of an
47 association of residential property owners, the contiguous group
48 of lots or lands under the association of residential property
49 owners.
50 6. “Sufficient capacity” means a water or sewer utility
51 having, as applicable, the infrastructure, water supply, and
52 managerial and financial ability to reliably meet current and
53 reasonably anticipated future water demands for the treatment or
54 disposal of wastewater flows while maintaining compliance with
55 applicable state and federal drinking water and wastewater
56 standards and requirements.
57 (b) A municipal utility may not decline to extend service
58 to property outside of its corporate limits on the sole basis
59 that the owner refuses to assent or otherwise consent to such
60 property being annexed by that municipal utility’s controlling
61 municipality, unless the property is subject to an annexation
62 agreement or developer agreement on or before July 1, 2026.
63 (c) Upon application for service by an owner, a municipal
64 utility must expand its service territory to allow an owner
65 whose property is located outside of the municipal utility’s
66 existing service territory to connect to the municipal utility
67 if:
68 1. The property is not within the service territory of
69 another water or wastewater utility, as applicable;
70 2. The municipal utility has sufficient capacity to serve
71 the property’s anticipated water or wastewater load, as
72 applicable; and
73 3. The property is within one-half mile of a main line of
74 the municipal utility, measured by the closest property boundary
75 line from such main line.
76 (d) Upon application by an owner pursuant to paragraph (c),
77 the municipal utility must:
78 1. Within 90 days after receiving the application,
79 determine whether it has sufficient capacity to provide service
80 to the given property. Such determination may account for any
81 anticipated development on such property. The municipal utility
82 must provide, in writing, the owner with its determination and
83 the reasons for such determination.
84 2. If the municipal utility has sufficient capacity to
85 serve the property, it must provide the owner with the
86 anticipated fees, charges, contributions, and any other
87 requirements to connect the property to the municipal utility
88 under its existing fee, charge, and contribution structure.
89 3. Upon satisfaction of the requirements set forth by the
90 municipal utility pursuant to subparagraph 2., the municipal
91 utility shall connect the property to its system in a timely
92 manner.
93 (e) A municipal utility may establish reasonable minimum
94 filing requirements for an application submitted pursuant to
95 paragraph (c), including:
96 1. A reasonable estimate of the anticipated water and
97 wastewater load for the property, including accounting for any
98 anticipated development on such property;
99 2. The nature of any anticipated development on such
100 property; and
101 3. An application fee to cover the reasonable costs
102 associated with conducting the capacity determination and
103 assessing anticipated fees, charges, contributions, and other
104 requirements, pursuant to subparagraphs (d)1. and 2.
105 (f) If a municipal utility does not allow an owner to
106 connect to such utility in violation of this subsection, the
107 owner may bring a civil action to enforce this subsection in any
108 court of competent jurisdiction. If the owner prevails in such
109 enforcement action:
110 1. The owner may recover reasonable attorney fees and court
111 costs from the municipal utility; and
112 2. The court shall order the municipal utility to connect
113 to the owner’s property in question.
114 (g) This subsection may not be construed to prevent a
115 municipal utility from collecting any rate, fee, charge, or
116 contribution authorized under law, including those authorized
117 pursuant to s. 180.191.
118 Section 2. This act shall take effect July 1, 2026.