Bill Text: FL H0411 | 2012 | Regular Session | Introduced

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Bill Title: Municipal Water and Sewer Utilities

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Failed) 2012-03-09 - Died in Energy and Utilities Subcommittee [H0411 Detail]

Download: Florida-2012-H0411-Introduced.html

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HB 411

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

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