Florida Senate - 2024                              CS for SB 104
       
       
        
       By the Committee on Community Affairs; and Senator Jones
       
       
       
       
       
       578-03035-24                                           2024104c1
    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         defining terms; making technical changes; providing an
    9         effective date.
   10          
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Present subsections (2), (3), and (4) of section
   14  180.191, Florida Statutes, are redesignated as subsections (3),
   15  (4), and (5), respectively, a new subsection (2) is added to
   16  that section, and subsection (1) of that section is amended, to
   17  read:
   18         180.191 Limitation on rates charged consumer outside city
   19  limits.—
   20         (1) Any municipality within this the state operating a
   21  water or sewer utility outside of the boundaries of such
   22  municipality shall charge consumers outside the boundaries
   23  rates, fees, and charges determined in one of the following
   24  manners:
   25         (a) It may charge the same rates, fees, and charges as
   26  consumers inside the municipal boundaries. However, in addition
   27  thereto, the municipality may add a surcharge of not more than
   28  25 percent of such rates, fees, and charges to consumers outside
   29  the boundaries, except as provided in subsection (2). Fixing of
   30  such rates, fees, and charges in this manner does shall not
   31  require a public hearing except as may be provided for service
   32  to consumers inside the municipality.
   33         (b) It may charge rates, fees, and charges that are just
   34  and equitable and that which are based on the same factors used
   35  in fixing the rates, fees, and charges for consumers inside the
   36  municipal boundaries, except as provided in subsection (2). In
   37  addition thereto, the municipality may add a surcharge not to
   38  exceed 25 percent of such rates, fees, and charges for said
   39  services to consumers outside the boundaries. However, the total
   40  of all such rates, fees, and charges for the services to
   41  consumers outside the boundaries may shall not be more than 50
   42  percent in excess of the total amount the municipality charges
   43  consumers served within the municipality for corresponding
   44  service. No Such rates, fees, and charges may not shall be fixed
   45  until after a public hearing at which all of the users of the
   46  water or sewer systems; owners, tenants, or occupants of
   47  property served or to be served thereby; and all others
   48  interested shall have an opportunity to be heard concerning the
   49  proposed rates, fees, and charges. Any change or revision of
   50  such rates, fees, or charges may be made in the same manner as
   51  such rates, fees, or charges were originally established, but if
   52  such change or revision is to be made substantially pro rata as
   53  to all classes of service, both inside and outside the
   54  municipality, no hearing or notice shall be required.
   55         (2) A municipality within this state which operates a water
   56  or sewer utility providing service to customers in another
   57  recipient municipality, which also has a facility in that
   58  recipient municipality, must charge consumers in the recipient
   59  municipality the same rates, fees, and charges as it does the
   60  consumers inside its own municipal boundaries. As used in this
   61  subsection, the term:
   62         (a) “Facility” means a water treatment facility, wastewater
   63  treatment facility, intake station, pumping station, well, and
   64  other physical components of a water or wastewater system. The
   65  term does not include:
   66         1. Pipes, tanks, pumps, or other facilities that transport
   67  water from a water source or treatment facility to the consumer;
   68  or
   69         2. Pipes, conduits, and associated appurtenances that
   70  transport wastewater from the point of entry to a wastewater
   71  treatment facility.
   72         (b) “Wastewater treatment facility” means a facility that
   73  accepts and treats domestic wastewater or industrial wastewater.
   74         (c) “Water treatment facility” means a facility within a
   75  water system which can alter the physical, chemical, or
   76  bacteriological quality of water.
   77         Section 2. This act shall take effect July 1, 2024.