August 04, 2020
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HB 1607

A bill to be entitled
2An act relating to municipal water and sewer utilities;
3amending s. 180.191, F.S.; prohibiting certain
4municipalities from imposing certain surcharges on
5consumers outside their boundaries for provision of water
6or sewer utility services; providing an effective date.
8Be It Enacted by the Legislature of the State of Florida:
10     Section 1.  Section 180.191, Florida Statutes, is amended
11to read:
12     180.191  Limitation on rates charged consumer outside city
14     (1)  Subject to subsection (4), any municipality within the
15state operating a water or sewer utility outside of the
16boundaries of such municipality shall charge consumers outside
17the boundaries rates, fees, and charges determined in one of the
18following manners:
19     (a)  It may charge the same rates, fees, and charges as
20consumers inside the municipal boundaries. However, in addition
21thereto, the municipality may add a surcharge of not more than
2225 percent of such rates, fees, and charges to consumers outside
23the boundaries. Fixing of such rates, fees, and charges in this
24manner shall not require a public hearing except as may be
25provided for service to consumers inside the municipality.
26     (b)  It may charge rates, fees, and charges that are just
27and equitable and which are based on the same factors used in
28fixing the rates, fees, and charges for consumers inside the
29municipal boundaries. In addition thereto, the municipality may
30add a surcharge not to exceed 25 percent of such rates, fees,
31and charges for said services to consumers outside the
32boundaries. However, the total of all such rates, fees, and
33charges for the services to consumers outside the boundaries
34shall not be more than 50 percent in excess of the total amount
35the municipality charges consumers served within the
36municipality for corresponding service. No such rates, fees, and
37charges shall be fixed until after a public hearing at which all
38of the users of the water or sewer systems; owners, tenants, or
39occupants of property served or to be served thereby; and all
40others interested shall have an opportunity to be heard
41concerning the proposed rates, fees, and charges. Any change or
42revision of such rates, fees, or charges may be made in the same
43manner as such rates, fees, or charges were originally
44established, but if such change or revision is to be made
45substantially pro rata as to all classes of service, both inside
46and outside the municipality, no hearing or notice shall be
48     (2)  Whenever any municipality has engaged, or there are
49reasonable grounds to believe that any municipality is about to
50engage, in any act or practice prohibited by subsection (1), a
51civil action for preventive relief, including an application for
52a permanent or temporary injunction, restraining order, or other
53order, may be instituted by the person or persons aggrieved.
54     (3)  This section applies shall apply to municipally owned
55water and sewer utilities within the confines of a single county
56and may apply, pursuant to interlocal agreement, to municipally
57owned water and sewer utilities beyond the confines of a single
59     (4)  A municipality located in a county that has a
60population of more than 1.5 million as reported in the most
61recent United States Decennial Census may not impose any
62surcharges authorized under subsection (1) on consumers outside
63the boundaries of the municipality.
64     (5)(4)  In any action commenced pursuant to this section,
65the court in its discretion may allow the prevailing party
66treble damages and, in addition, a reasonable attorney's fee as
67part of the cost.
68     Section 2.  This act shall take effect upon becoming a law.

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