October 23, 2020
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HB 455

A bill to be entitled
2An act relating to municipal water and sewer utilities;
3amending s. 180.191, F.S.; exempting municipalities in
4certain counties from applicability of provisions limiting
5the rates they may charge consumers outside their
6boundaries for provision of water or sewer utility
7services; providing an effective date.
9Be It Enacted by the Legislature of the State of Florida:
11     Section 1.  Section 180.191, Florida Statutes, is amended
12to read:
13     180.191  Limitation on rates charged consumer outside city
15     (1)  Subject to subsection (4), any municipality within the
16state operating a water or sewer utility outside of the
17boundaries of such municipality shall charge consumers outside
18the boundaries rates, fees, and charges determined in one of the
19following manners:
20     (a)  It may charge the same rates, fees, and charges as
21consumers inside the municipal boundaries. However, in addition
22thereto, the municipality may add a surcharge of not more than
2325 percent of such rates, fees, and charges to consumers outside
24the boundaries. Fixing of such rates, fees, and charges in this
25manner shall not require a public hearing except as may be
26provided for service to consumers inside the municipality.
27     (b)  It may charge rates, fees, and charges that are just
28and equitable and which are based on the same factors used in
29fixing the rates, fees, and charges for consumers inside the
30municipal boundaries. In addition thereto, the municipality may
31add a surcharge not to exceed 25 percent of such rates, fees,
32and charges for said services to consumers outside the
33boundaries. However, the total of all such rates, fees, and
34charges for the services to consumers outside the boundaries
35shall not be more than 50 percent in excess of the total amount
36the municipality charges consumers served within the
37municipality for corresponding service. No such rates, fees, and
38charges shall be fixed until after a public hearing at which all
39of the users of the water or sewer systems; owners, tenants, or
40occupants of property served or to be served thereby; and all
41others interested shall have an opportunity to be heard
42concerning the proposed rates, fees, and charges. Any change or
43revision of such rates, fees, or charges may be made in the same
44manner as such rates, fees, or charges were originally
45established, but if such change or revision is to be made
46substantially pro rata as to all classes of service, both inside
47and outside the municipality, no hearing or notice shall be
49     (2)  Whenever any municipality has engaged, or there are
50reasonable grounds to believe that any municipality is about to
51engage, in any act or practice prohibited by subsection (1), a
52civil action for preventive relief, including an application for
53a permanent or temporary injunction, restraining order, or other
54order, may be instituted by the person or persons aggrieved.
55     (3)  This section applies shall apply to municipally owned
56water and sewer utilities within the confines of a single county
57and may apply, pursuant to interlocal agreement, to municipally
58owned water and sewer utilities beyond the confines of a single
60     (4)  This section does not apply to any municipality in a
61county with a population of more than 1.5 million as reported in
62the most recent United States Decennial Census.
63     (5)(4)  In any action commenced pursuant to this section,
64the court in its discretion may allow the prevailing party
65treble damages and, in addition, a reasonable attorney's fee as
66part of the cost.
67     Section 2.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.
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