Florida Statute 153.11 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS

Chapter 153
WATER AND SEWER SYSTEMS

View Entire Chapter

F.S. 153.11

153.11 Water service charges and sewer service charges; revenues.—

(1)(a) The county commission shall in the resolution providing for the issuance of either water revenue bonds or sewer revenue bonds, or both, fix the initial schedule of rates, fees and other charges for the use of and for the services furnished or to be furnished by the facilities, to be paid by the owner, tenant or occupant of each lot or parcel of land which may be connected with and use any such facility by or through any part of the water system of the county.

(b) After the system or systems shall have been in operation the county commission may revise such schedule of rates, fees and charges from time to time. Such rates, fees and charges shall be so fixed and revised as to provide funds, with other funds available for such purposes, sufficient at all times to pay the cost of maintaining, repairing and operating the system or systems including the reserves for such purposes and for replacements and depreciation and necessary extensions, to pay the principal of and the interest on the water revenue bonds and/or sewer revenue bonds as the same shall become due and the reserves therefor, and to provide a margin of safety for making such payments. The county commission shall charge and collect the rates, fees and charges so fixed or revised and such rates, fees and charges shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the county or of the state or of any sanitary district or other political subdivision of the state.

(c) Such rates, fees and charges shall be just and equitable and may be based or computed upon the quantity of water consumed and/or upon the number and size of sewer connections or upon the number and kind of plumbing fixtures in use in the premises connected with the sewer system or upon the number or average number of persons residing or working in or otherwise connected with such premises or upon any other factor affecting the use of the facilities furnished or upon any combination of the foregoing factors.

(d) In cases where the amount of water furnished to any building or premises is such that it imposes an unreasonable burden upon the water supply system an additional charge may be made therefor or the county commission may if it deems advisable compel the owners or occupants of such building or premises to reduce the amount of water consumed thereon in a manner to be specified by the county commission or the county commission may refuse to furnish water to such building or premises.

(e) In cases where the character of the sewage from any manufacturing or industrial plant or any building or premises is such that it imposes an unreasonable burden upon any sewage disposal system, an additional charge may be made therefor, or the county commission may, if it deems it advisable, compel such manufacturing or industrial plant or such building or premises to treat such sewage in such manner as shall be specified by the county commission before discharging such sewage into any sewer lines owned or maintained by the county.

(2) The county commission may charge any owner or occupant of any building or premise receiving the services of the facilities herein provided such initial installation or connection charge or fee as the commission may determine to be just and reasonable.

(3)(a) No rates, fees or charges shall be fixed under the foregoing provisions of this section until after a public hearing at which all of the users of the facilities provided by this chapter and owners, tenants and occupants of property served or to be served thereby and all others interested shall have an opportunity to be heard concerning the proposed rates, fees and charges. After the adoption by the county commission of a resolution setting forth the preliminary schedule or schedules fixing and classifying such rates, fees and charges, notice of such public hearing setting forth the schedule or schedules of rates, fees and charges shall be given by one publication in a newspaper published in the county at least 10 days before the date fixed in said notice for the hearing, which said hearing may be adjourned from time to time. After such hearing such preliminary schedule or schedules, either as originally adopted or as modified or amended, shall be adopted and put into effect and thereupon the resolution providing for the issuance of water revenue bonds and/or sewer revenue bonds may be finally adopted.

(b) A copy of the schedule or schedules of such rates, fees and charges finally fixed in such resolution shall be kept on file in the office of the clerk of the circuit court in the county and shall be open to inspection by all parties interested. The rates, fees or charges so fixed for any class of users or property served shall be extended to cover any additional property thereafter served which fall within the same class without the necessity of any hearing or notice.

(c) Any change or revision of any rates, fees or charges may be made in the same manner as such rates, fees or charges were originally established as hereinabove provided, but if such change or revision be made substantially pro rata as to all classes of service no notice or hearing shall be required.

History.—s. 11, ch. 29837, 1955.

F.S. 153.11 on Google Scholar

F.S. 153.11 on Casetext

Amendments to 153.11

Arrestable Offenses / Crimes under Fla. Stat. 153.11

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 153.11.

Annotations, Discussions, Cases:

Cases Citing Statute 153.11

Total Results: 9

I-4 Commerce Ctr, Phase II, Unit I v. Orange County

Court: Fla. Dist. Ct. App. | Date Filed: 2010-10-22T00:00:00-07:00

Citation: 46 So. 3d 134

Snippet: ordinance violates section 153.11(l)(c), Florida Statutes (2008). Section 153.11 authorizes counties to charge…factors. § 153.11(1)(c), Fla. Stat. (2008). The only mandatory provision in section 153.11(l)(c) states

Southwest Florida Water Management Dist. v. Charlotte Cty.

Court: Fla. Dist. Ct. App. | Date Filed: 2001-01-04T23:53:00-08:00

Citation: 774 So. 2d 903

Snippet: the case. Pinellas further argues that section 153.11(1)(b), Florida Statutes (1995), gives the county…, section 373.223(1) would control over section 153.11(1)(b). Pinellas also sought to invalidate the rules

Ago

Court: Fla. Att'y Gen. | Date Filed: 1999-05-11T00:53:00-07:00

Snippet: benefits received. 12 See, e.g., ss. 153.03(3), 153.11-153.14, 153.52(9),190.016(8), 190.035, 240.474(

Loxahatchee Ecd v. Sch. Bd. Palm Beach Cty.

Court: Fla. Dist. Ct. App. | Date Filed: 1986-10-28T23:53:00-08:00

Citation: 496 So. 2d 930

Snippet: statutes pertaining to public utilities sections 153.11(1)(b) and 184.09(1)(a) prohibit regulation of… laws of general application sections 153.83, 153.11(1)(b) and 180.13(2). This is true. Let us examine…fees charged to users in the same class. Section 153.11(1)(b) is the statutory section which says the rates

Yakubik v. Lee County

Court: Fla. | Date Filed: 1985-06-13T00:00:00-07:00

Citation: 471 So. 2d 540

Snippet: failed to comply with the requirements of section 153.11, Florida Statutes (1983), prior to adopting resolution…the Board did not set forth, pursuant to section 153.11(l)(a), a preliminary schedule of rates, fees and…and charges, or, pursuant to section 153.11(3)(a), hold a public hearing or publish notice setting forth…1966. We conclude that sections 153.-ll(l)(a) and 153.11(3)(a) are not applicable once a system becomes

Ago

Court: Fla. Att'y Gen. | Date Filed: 1981-04-06T23:53:00-08:00

Snippet: maintaining, repairing and operating the system (s. 153.11(1)(b), F.S.), and to make reasonable charges for…may require pretreatment of those wastes. Section 153.11(1)(e), F.S. From this, the implication is clear

LaMonte v. De Diego

Court: Fla. Dist. Ct. App. | Date Filed: 1973-02-15T23:53:00-08:00

Citation: 274 So. 2d 254

Snippet: N.W.2d 485; see Annots., 110 ALR 1099, 59 ALR 153. [11] 1954, 43 Cal.2d 254, 273 P.2d 257. [12] 1952

Waln v. Howard

Court: Fla. | Date Filed: 1940-05-10T00:00:00-08:00

Citation: 196 So. 210, 142 Fla. 736

Snippet: Judge Daniel in Lloyd v. Hough, 1 How. (U.S.) 153, 11 L.Ed. 83, in the following language: 'Whenever

Foster v. Ambler

Court: Fla. | Date Filed: 1888-06-14T23:53:00-08:00

Citation: 24 Fla. 519

Snippet: about $4,000, but he says that of this stock. 1,153 11-13 shares were his own original stock. The remaining