Florida Senate - 2026 SENATOR AMENDMENT
Bill No. CS for CS for HB 1451
Ì211682(Î211682
LEGISLATIVE ACTION
Senate . House
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Floor: 1/RE/2R .
03/11/2026 02:56 PM .
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Senator Martin moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Subsection (3) is added to section 180.19,
6 Florida Statutes, to read:
7 180.19 Use by other municipalities and by individuals
8 outside corporate limits.—
9 (3)(a) A new agreement, or an extension, renewal, or
10 material amendment of an existing agreement, to provide
11 electric, water, natural gas, or sewer utility service by a
12 municipality to any other municipality or the owners or
13 association of owners of lots or lands outside of its corporate
14 limits or within the limits of any other municipality at retail
15 must be in writing. Such agreement may not become effective
16 before an appointed representative of the municipality that
17 provides the service or intends to provide the service, in
18 conjunction with the governing body of each municipality and
19 unincorporated area served or to be served, has participated in
20 a public meeting. Such meeting is not required to be a separate
21 public meeting, but it must be held within each municipality and
22 unincorporated area served or to be served for purposes of
23 providing information and soliciting public input on:
24 1. The nature of the services to be provided or changes to
25 the services being provided;
26 2. The rates, fees, and charges to be imposed for the
27 services provided or intended to be provided, including any
28 differential with the rates, fees, and charges imposed for the
29 same services on customers located within the boundaries of the
30 serving municipality, the basis for the differential, and the
31 length of time that the differential is expected to exist;
32 3. The extent to which revenues generated from the
33 provision of the services will be used to fund or finance
34 nonutility government functions or services; and
35 4. Any other matter deemed relevant by the parties to the
36 agreement.
37 (b) Rates, fees, and charges imposed for water or sewer
38 utility services provided pursuant to subsection (1) must comply
39 with s. 180.191.
40 (c) A representative of each municipality that provides
41 electric, water, natural gas, or sewer utility services pursuant
42 to subsection (1), in conjunction with the governing body of
43 each municipality and unincorporated area in which it provides
44 services, shall annually conduct a public customer meeting. Such
45 meeting is not required to be a separate public meeting, but
46 must be held within each municipality and unincorporated area
47 for purposes of soliciting public input on utility-related
48 matters, including fees, rates, charges, and services.
49 (d) As used in this subsection, the term:
50 1. “Appointed representative” means an executive-level
51 leadership employee of a municipality, or of such municipality’s
52 related and separate utility authority, board, or commission,
53 specifically appointed by the governing body to serve as its
54 representative for the purposes of this subsection.
55 2. “Governing body” means:
56 a. A governing body of a municipality in which services are
57 provided or proposed to be extended; or
58 b. A board of county commissioners of a county in which
59 services are provided or proposed to be extended, if services
60 are provided or proposed to be extended in an unincorporated
61 area within the county.
62 Section 2. Subsection (1) of section 180.191, Florida
63 Statutes, is amended to read:
64 180.191 Limitation on rates charged consumer outside city
65 limits.—
66 (1) Any municipality within this the state operating a
67 water or sewer utility outside of the boundaries of such
68 municipality shall charge consumers outside the boundaries
69 rates, fees, and charges determined in one of the following
70 manners:
71 (a) It may charge the same rates, fees, and charges as
72 consumers inside the municipal boundaries. However, in addition
73 thereto, the municipality may add a surcharge of not more than
74 25 percent of such rates, fees, and charges to consumers outside
75 the boundaries. Fixing of such rates, fees, and charges in this
76 manner may shall not require a public hearing except as may be
77 provided for service to consumers inside the municipality.
78 (b) It may charge rates, fees, and charges that are just
79 and equitable and which are based on the same factors used in
80 fixing the rates, fees, and charges for consumers inside the
81 municipal boundaries. In addition thereto, the municipality may
82 add a surcharge not to exceed 25 percent of such rates, fees,
83 and charges for said services to consumers outside the
84 boundaries. However, the total of all Such rates, fees, and
85 charges for the services to consumers outside the boundaries may
86 shall not be more than 25 50 percent in excess of the rates,
87 fees, and charges total amount the municipality charges
88 consumers served within the municipality for corresponding
89 service. No Such rates, fees, and charges may not shall be fixed
90 until after a public hearing at which all of the users of the
91 water or sewer systems; owners, tenants, or occupants of
92 property served or to be served thereby; and all others
93 interested shall have an opportunity to be heard concerning the
94 proposed rates, fees, and charges. Any change or revision of
95 such rates, fees, or charges may be made in the same manner as
96 such rates, fees, or charges were originally established, but if
97 such change or revision is to be made substantially pro rata as
98 to all classes of service, both inside and outside the
99 municipality, a no hearing or notice is not shall be required.
100 (c) Notwithstanding paragraphs (a) and (b), a municipality
101 may continue to impose a surcharge on consumers outside the
102 municipal boundaries only to the extent necessary to comply with
103 the terms of bond covenants in effect as of July 1, 2024. Such
104 surcharges must be phased out upon retirement, expiration, or
105 refinancing of the applicable debt obligation.
106 Section 3. Effective July 1, 2027, section 180.192, Florida
107 Statutes, is created to read:
108 180.192 Reporting requirements related to municipal utility
109 service.—
110 (1) By January 1, 2028, and annually thereafter, each
111 municipality that provides electric, water, natural gas, or
112 sewer utility services outside of its municipal boundaries shall
113 provide a report to the Florida Public Service Commission which
114 identifies, for each type of utility service provided by the
115 municipality:
116 (a) The number and percentage of customers that receive
117 utility services provided by the municipality at a location
118 outside the boundaries of the municipality;
119 (b) The volume and percentage of sales made to such
120 customers, and the gross revenues generated from such sales; and
121 (c) Whether the rates, fees, and charges imposed on
122 customers that receive services at a location outside the
123 municipality’s boundaries are different than the rates, fees,
124 and charges imposed on customers within the boundaries of the
125 municipality, and, if so, the amount and percentage of the
126 differential.
127 (2) By March 31, 2028, and annually thereafter, the
128 commission shall compile the information provided pursuant to
129 subsection (1) and submit a report containing that information
130 to the Governor, the President of the Senate, and the Speaker of
131 the House of Representatives.
132 (3) Notwithstanding s. 367.171, the commission shall have
133 jurisdiction over all utilities identified in subsection (1) for
134 the limited purpose of enforcing the requirements of this
135 section. This section does not otherwise modify or extend the
136 authority of the commission provided by law with respect to any
137 municipal utility that is required to comply with subsection
138 (1).
139 Section 4. (1) The subject of a regional utilities
140 authority created by the Legislature through charter amendment
141 after January 1, 2023, is expressly preempted to the state.
142 (2) This section shall take effect upon this act becoming a
143 law.
144 Section 5. The Legislature finds and declares that this act
145 fulfills an important state interest.
146 Section 6. Except as otherwise expressly provided in this
147 act and except for this section, which shall take effect upon
148 becoming a law, this act shall take effect July 1, 2026.
149
150 ================= T I T L E A M E N D M E N T ================
151 And the title is amended as follows:
152 Delete everything before the enacting clause
153 and insert:
154 A bill to be entitled
155 An act relating to utility services; amending s.
156 180.19, F.S.; requiring that a new agreement, or an
157 extension, renewal, or material amendment of an
158 existing agreement, made by a municipal utility to
159 certain entities to provide certain utility services
160 at retail be in writing; requiring that certain public
161 meetings be held as a condition precedent to the
162 effectiveness of a new or extended agreement under
163 which a municipality will provide specified utility
164 services in other municipalities or unincorporated
165 areas; specifying requirements for such public
166 meetings; requiring that rates, fees, and charges
167 imposed for water or sewer utility services comply
168 with specified provisions; requiring a representative
169 from certain municipalities to annually conduct public
170 customer meetings; providing requirements for such
171 meetings; defining the terms “appointed
172 representative” and “governing body”; amending s.
173 180.191, F.S.; revising provisions relating to
174 permissible rates, fees, and charges imposed by
175 municipal water and sewer utilities on consumers
176 located outside the municipal boundaries; authorizing
177 a municipality to continue to impose a surcharge on
178 certain consumers for a specified purpose; requiring
179 the phase-out of such surcharges upon retirement,
180 expiration, or refinancing of the applicable debt
181 obligation; creating s. 180.192, F.S.; requiring
182 municipalities that provide specified utility services
183 to report certain information by a specified date, and
184 annually thereafter, to the Florida Public Service
185 Commission; providing requirements for such
186 information; requiring the commission to compile such
187 information and submit a report by a specified date,
188 and annually thereafter, to the Governor and the
189 Legislature; authorizing commission jurisdiction over
190 specified utilities; providing construction;
191 preempting to the state the subject of a regional
192 utilities authority; providing a declaration of an
193 important state interest; providing effective dates.