Florida Senate - 2026 SB 1014
By Senator Mayfield
19-01658-26 20261014__
1 A bill to be entitled
2 An act relating to the provision of municipal utility
3 service to owners outside the municipal limits;
4 amending s. 180.19, F.S.; defining terms; prohibiting
5 a municipal utility from declining to extend service
6 to properties outside its corporate limits under
7 certain circumstances; requiring a municipal utility
8 to expand its service to an owner who makes such a
9 request under certain circumstances; requiring the
10 municipal utility to make a determination within a
11 specified timeframe and provide such determination to
12 the owner in writing; requiring the municipal utility
13 to provide the owner with specified information and to
14 connect properties in a timely manner; providing
15 minimum application filing requirements; authorizing
16 owners to bring a civil action to enforce the act;
17 authorizing a prevailing owner to collect certain fees
18 and costs; requiring the court to order the utility to
19 connect a prevailing owner’s property; providing
20 construction; providing an effective date.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (3) is added to section 180.19,
25 Florida Statutes, to read:
26 180.19 Use by other municipalities and by individuals
27 outside corporate limits.—
28 (3)(a) As used in this subsection, the term:
29 1. “Controlling municipality” means a municipality
30 operating a utility pursuant to subsection (1) or a municipality
31 that has granted a utility a privilege or franchise pursuant to
32 subsection (2).
33 2. “Facility” means:
34 a. A water treatment facility, a wastewater treatment
35 facility, an intake station, a pumping station, a well, and
36 other physical components of a water or wastewater system;
37 b. Pipes, tanks, pumps, or other facilities that transport
38 water from a water source or treatment facility to the consumer;
39 and
40 c. Pipes, conduits, and associated appurtenances that
41 transport wastewater from the point of entry to a wastewater
42 treatment facility.
43 3. “Municipal utility” means a water or sewer utility
44 constituted on the basis of subsection (1) or subsection (2).
45 4. “Owner” means a property owner or association of
46 property owners.
47 5. “Property” means lots or lands, or, in the case of an
48 association of property owners, the contiguous group of lots or
49 lands under the association of property owners.
50 6. “Sufficient capacity” means a water or sewer utility
51 having, as applicable, the infrastructure, water supply, and
52 managerial and financial ability to reliably meet current and
53 reasonably anticipated future water demands and treat wastewater
54 flows while maintaining compliance with applicable state and
55 federal drinking water and wastewater standards and
56 requirements.
57 (b) A municipal utility may not decline to extend service
58 to property outside of its corporate limits on the sole basis
59 that the owner refuses to assent or otherwise consent to such
60 property being annexed by that municipal utility’s controlling
61 municipality.
62 (c) Upon application for service by an owner, a municipal
63 utility must expand its service territory to allow an owner
64 whose property is located outside of the municipal utility’s
65 service territory to connect to the municipal utility if:
66 1. The property is not within the service territory of
67 another water or wastewater utility, as applicable;
68 2. The municipal utility has sufficient capacity to serve
69 the property’s anticipated water or wastewater load, as
70 applicable; or
71 3. The property is within 2,000 meters of the municipal
72 utility’s facility, measured by the closest property boundary
73 line from such facility.
74 (d) Upon application by an owner pursuant to paragraph (c),
75 the municipal utility must:
76 1. Within 90 days after receiving the application,
77 determine whether it has sufficient capacity to provide service
78 to the given property. Such determination may account for any
79 anticipated development on such property. The municipal utility
80 must provide, in writing, the owner with its determination and
81 the reasons for such determination.
82 2. If the municipal utility has sufficient capacity to
83 serve the property, it must provide the owner with the
84 anticipated fees, charges, contributions, and any other
85 requirements to connect the property to the municipal utility
86 under its existing fee, charge, and contribution structure.
87 3. Upon satisfaction of the requirements set forth by the
88 municipal utility pursuant to subparagraph 2., the municipal
89 utility shall connect the property to its system in a timely
90 manner.
91 (e) A municipal utility may establish reasonable minimum
92 filing requirements for an application submitted pursuant to
93 paragraph (c), including:
94 1. A reasonable estimate of the anticipated water and
95 wastewater load for the property, including accounting for any
96 anticipated development on such property;
97 2. The nature of any anticipated development on such
98 property; and
99 3. An application fee to cover the reasonable costs
100 associated with conducting the capacity determination and
101 assessing anticipated fees, charges, contributions, and other
102 requirements, pursuant to subparagraphs (d)1. and 2.
103 (f) If a municipal utility does not allow an owner to
104 connect with such utility in violation of this subsection, the
105 owner may bring a civil action to enforce this subsection in any
106 court of competent jurisdiction. If the owner prevails in such
107 enforcement action:
108 1. The owner may recover reasonable attorney fees and court
109 costs from the municipal utility; and
110 2. The court shall order the municipal utility to connect
111 to the owner’s property in question.
112 (g) This subsection may not be construed to prevent a
113 municipal utility from collecting any rate, fee, charge, or
114 contribution authorized under law, including those authorized
115 pursuant to s. 180.191.
116 Section 2. This act shall take effect July 1, 2026.