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       Florida Senate - 2010                                     SB 372
       By Senator Wilson
       33-00097-10                                            2010372__
    1                        A bill to be entitled                      
    2         An act relating to municipal water and sewer
    3         utilities; amending s. 180.191, F.S.; exempting
    4         municipalities in certain counties from the
    5         applicability of provisions limiting the rates that a
    6         municipality may charge consumers located outside
    7         their boundaries for water or sewer utility services;
    8         providing an effective date.
   10  Be It Enacted by the Legislature of the State of Florida:
   12         Section 1. Section 180.191, Florida Statutes, is amended to
   13  read:
   14         180.191 Limitation on rates charged consumer outside city
   15  limits.—
   16         (1) Subject to subsection (4), any municipality within the
   17  state operating a water or sewer utility outside of the
   18  boundaries of such municipality shall charge consumers outside
   19  the boundaries rates, fees, and charges determined in one of the
   20  following manners:
   21         (a) It may charge the same rates, fees, and charges as
   22  consumers inside the municipal boundaries. However, in addition
   23  thereto, the municipality may add a surcharge of not more than
   24  25 percent of such rates, fees, and charges to consumers outside
   25  the boundaries. Fixing of such rates, fees, and charges in this
   26  manner shall not require a public hearing except as may be
   27  provided for service to consumers inside the municipality.
   28         (b) It may charge rates, fees, and charges that are just
   29  and equitable and which are based on the same factors used in
   30  fixing the rates, fees, and charges for consumers inside the
   31  municipal boundaries. In addition thereto, the municipality may
   32  add a surcharge not to exceed 25 percent of such rates, fees,
   33  and charges for said services to consumers outside the
   34  boundaries. However, the total of all such rates, fees, and
   35  charges for the services to consumers outside the boundaries
   36  shall not be more than 50 percent in excess of the total amount
   37  the municipality charges consumers served within the
   38  municipality for corresponding service. No such rates, fees, and
   39  charges shall be fixed until after a public hearing at which all
   40  of the users of the water or sewer systems; owners, tenants, or
   41  occupants of property served or to be served thereby; and all
   42  others interested shall have an opportunity to be heard
   43  concerning the proposed rates, fees, and charges. Any change or
   44  revision of such rates, fees, or charges may be made in the same
   45  manner as such rates, fees, or charges were originally
   46  established, but if such change or revision is to be made
   47  substantially pro rata as to all classes of service, both inside
   48  and outside the municipality, no hearing or notice shall be
   49  required.
   50         (2) Whenever any municipality has engaged, or there are
   51  reasonable grounds to believe that any municipality is about to
   52  engage, in any act or practice prohibited by subsection (1), a
   53  civil action for preventive relief, including an application for
   54  a permanent or temporary injunction, restraining order, or other
   55  order, may be instituted by the person or persons aggrieved.
   56         (3) This section applies shall apply to municipally owned
   57  water and sewer utilities within the confines of a single county
   58  and may apply, pursuant to interlocal agreement, to municipally
   59  owned water and sewer utilities beyond the confines of a single
   60  county.
   61         (4) This section does not apply to any municipality in a
   62  county that has a population of more than 1.5 million as
   63  reported in the most recent United States Decennial Census.
   64         (5)(4) In any action commenced pursuant to this section,
   65  the court in its discretion may allow the prevailing party
   66  treble damages and, in addition, a reasonable attorney’s fee as
   67  part of the cost.
   68         Section 2. This act shall take effect upon becoming a law.

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