Bill Text: FL S0372 | 2010 | Regular Session | Introduced

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Bill Title: Municipal Water & Sewer Utilities [EPSC]

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Community Affairs [S0372 Detail]

Download: Florida-2010-S0372-Introduced.html

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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. 
9 
10  Be It Enacted by the Legislature of the State of Florida: 
11 
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.