Florida Senate - 2023                                    SB 1712
       
       
        
       By Senator Jones
       
       
       
       
       
       34-00974-23                                           20231712__
    1                        A bill to be entitled                      
    2         An act relating to municipal water and sewer utility
    3         rates; amending s. 180.191, F.S.; requiring a
    4         municipality to charge customers receiving its utility
    5         services in another municipality the same rates, fees,
    6         and charges as it charges consumers within its
    7         municipal boundaries under certain circumstances;
    8         providing an effective date.
    9          
   10  Be It Enacted by the Legislature of the State of Florida:
   11  
   12         Section 1. Present subsections (2), (3), and (4) of section
   13  180.191, Florida Statutes, are redesignated as subsections (3),
   14  (4), and (5), respectively, a new subsection (2) is added to
   15  that section, and subsection (1) of that section is amended, to
   16  read:
   17         180.191 Limitation on rates charged consumer outside city
   18  limits.—
   19         (1) Any municipality within this the state operating a
   20  water or sewer utility outside of the boundaries of such
   21  municipality shall charge consumers outside the boundaries
   22  rates, fees, and charges determined in one of the following
   23  manners:
   24         (a) It may charge the same rates, fees, and charges as
   25  consumers inside the municipal boundaries. However, in addition
   26  thereto, the municipality may add a surcharge of not more than
   27  25 percent of such rates, fees, and charges to consumers outside
   28  the boundaries, except as provided in subsection (2). Fixing of
   29  such rates, fees, and charges in this manner does shall not
   30  require a public hearing except as may be provided for service
   31  to consumers inside the municipality.
   32         (b) It may charge rates, fees, and charges that are just
   33  and equitable and that which are based on the same factors used
   34  in fixing the rates, fees, and charges for consumers inside the
   35  municipal boundaries, except as provided in subsection (2). In
   36  addition thereto, the municipality may add a surcharge not to
   37  exceed 25 percent of such rates, fees, and charges for said
   38  services to consumers outside the boundaries. However, the total
   39  of all such rates, fees, and charges for the services to
   40  consumers outside the boundaries may shall not be more than 50
   41  percent in excess of the total amount the municipality charges
   42  consumers served within the municipality for corresponding
   43  service. No Such rates, fees, and charges may not shall be fixed
   44  until after a public hearing at which all of the users of the
   45  water or sewer systems; owners, tenants, or occupants of
   46  property served or to be served thereby; and all others
   47  interested shall have an opportunity to be heard concerning the
   48  proposed rates, fees, and charges. Any change or revision of
   49  such rates, fees, or charges may be made in the same manner as
   50  such rates, fees, or charges were originally established, but if
   51  such change or revision is to be made substantially pro rata as
   52  to all classes of service, both inside and outside the
   53  municipality, no hearing or notice shall be required.
   54         (2) Any municipality within this state that operates a
   55  water or sewer utility providing service to customers in another
   56  recipient municipality using a facility or water or sewer plant
   57  located in the recipient municipality shall charge consumers in
   58  the recipient municipality the same rates, fees, and charges as
   59  it does the consumers inside its own municipal boundaries.
   60         Section 2. This act shall take effect July 1, 2023.