Florida Statute 180.191 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XII
MUNICIPALITIES

Chapter 180
MUNICIPAL PUBLIC WORKS

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F.S. 180.191

180.191 Limitation on rates charged consumer outside city limits.—

(1) Any municipality within the state operating a water or sewer utility outside of the boundaries of such municipality shall charge consumers outside the boundaries rates, fees, and charges determined in one of the following manners:

(a) It may charge the same rates, fees, and charges as consumers inside the municipal boundaries. However, in addition thereto, the municipality may add a surcharge of not more than 25 percent of such rates, fees, and charges to consumers outside the boundaries. Fixing of such rates, fees, and charges in this manner shall not require a public hearing except as may be provided for service to consumers inside the municipality.

(b) It may charge rates, fees, and charges that are just and equitable and which are based on the same factors used in fixing the rates, fees, and charges for consumers inside the municipal boundaries. In addition thereto, the municipality may add a surcharge not to exceed 25 percent of such rates, fees, and charges for said services to consumers outside the boundaries. However, the total of all such rates, fees, and charges for the services to consumers outside the boundaries shall not be more than 50 percent in excess of the total amount the municipality charges consumers served within the municipality for corresponding service. No such rates, fees, and charges shall be fixed until after a public hearing at which all of the users of the water or sewer systems; owners, tenants, or 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. Any change or revision of such rates, fees, or charges may be made in the same manner as such rates, fees, or charges were originally established, but if such change or revision is to be made substantially pro rata as to all classes of service, both inside and outside the municipality, no hearing or notice shall be required.

(2) Whenever any municipality has engaged, or there are reasonable grounds to believe that any municipality is about to engage, in any act or practice prohibited by subsection (1), a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other order, may be instituted by the person or persons aggrieved.

(3) This section shall apply to municipally owned water and sewer utilities within the confines of a single county and may apply, pursuant to interlocal agreement, to municipally owned water and sewer utilities beyond the confines of a single county.

(4) In any action commenced pursuant to this section, the court in its discretion may allow the prevailing party treble damages and, in addition, a reasonable attorney’s fee as part of the cost.

History.—ss. 1, 2, 3, 4, 5, ch. 70-997; s. 1, ch. 88-301; s. 1, ch. 92-181; s. 1, ch. 98-15.

F.S. 180.191 on Google Scholar

F.S. 180.191 on Casetext

Amendments to 180.191

Arrestable Offenses / Crimes under Fla. Stat. 180.191

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 180.191.

Annotations, Discussions, Cases:

Cases Citing Statute 180.191

Total Results: 20

TOWN OF INDIAN RIVER SHORES v. CITY OF VERO BEACH

Court: District Court of Appeal of Florida | Date Filed: 2023-05-10

Snippet: to city residents, which is contrary to section 180.191, which allows a municipality to charge the same

CITY OF MIAMI GARDENS, etc. v. CITY OF NORTH MIAMI BEACH, etc.

Court: District Court of Appeal of Florida | Date Filed: 2022-07-20

Snippet: NMB adopted an ordinance pursuant to section 180.191, Florida Statute (2003). In Ordinance Number 2002-25

& SC15-297 Donald Lenneth Banks v. State of Florida and Donald Lenneth Banks v. Julie L. Jones, etc.

Court: Supreme Court of Florida | Date Filed: 2017-04-20

Citation: 219 So. 3d 19

Snippet: denial of relief. See Hildwin v. State, 84 So. 3d 180, 191 (Fla. 2011) (“In order to prevail on an ineffective

Oscar E. Castanon v. State

Court: District Court of Appeal of Florida | Date Filed: 2014-07-30

Citation: 162 So. 3d 52, 2014 WL 3730458, 2014 Fla. App. LEXIS 11598

Snippet: evidence.” Hildwin v. State, 84 So.3d 180, 191 (Fla.2011) (quoting Merck v. State,

Wickham v. State

Court: Supreme Court of Florida | Date Filed: 2013-05-02

Citation: 124 So. 3d 841, 2013 WL 1830950

Snippet: failing to object.” Hildwin v. State, 84 So.3d 180, 191 (Fla.2011) (quoting Stephens v. State, 975 So

Valentine v. State

Court: Supreme Court of Florida | Date Filed: 2012-05-17

Citation: 98 So. 3d 44, 2012 WL 1722588

Snippet: evidence presented. See Hildwin v. State, 84 So.3d 180, 191 (Fla.2011) (“Closing argument is an opportunity

PALM BEACH SHORES v. City of Riviera Beach

Court: District Court of Appeal of Florida | Date Filed: 2005-11-09

Citation: 916 So. 2d 25, 2005 Fla. App. LEXIS 17656, 2005 WL 2990640

Snippet: The statute relied on by Riviera Beach, section 180.191(1), Florida Statutes (2004), provides: (1) Any

Ago

Court: Florida Attorney General Reports | Date Filed: 2005-06-01

Snippet: consumers outside the city limits. As provided in s. 180.191, Florida Statutes, "[a]ny municipality within the

City of Kissimmee v. DEPT. OF ENVIRONMENTAL REG.

Court: District Court of Appeal of Florida | Date Filed: 2000-03-24

Citation: 753 So. 2d 770, 2000 Fla. App. LEXIS 3529, 2000 WL 300510

Snippet: be set pursuant to subsection 180.191(1). However, subsection *773 180.191(1) is not applicable in this

Blubaugh v. Brevard County

Court: District Court of Appeal of Florida | Date Filed: 1997-04-11

Citation: 691 So. 2d 559, 1997 Fla. App. LEXIS 3762, 1997 WL 168329

Snippet: County from the general law expressed in section 180.191, Florida Statutes, and imposed the specific regulations

Ago

Court: Florida Attorney General Reports | Date Filed: 1994-04-05

Snippet: 92-18, the City of Cocoa asked whether section 180.191, Florida Statutes, which limits the rates municipal

Ago

Court: Florida Attorney General Reports | Date Filed: 1992-03-09

Snippet: City Attorney City of Cocoa QUESTION: Does s. 180.191, F.S., limiting the rates municipal public works

Polk County v. Florida Public Service Com'n

Court: Supreme Court of Florida | Date Filed: 1984-12-06

Citation: 460 So. 2d 370, 1984 WL 914502

Snippet: upholding an analogous surcharge authorized by section 180.191, Florida Statutes (1973), held that a twenty-five

Ago

Court: Florida Attorney General Reports | Date Filed: 1981-04-07

Snippet: which uses municipal utilities. Pursuant to s. 180.191, F.S., municipalities may charge consumers outside

Village of Palm Springs v. RETIREMENT BUILDERS

Court: District Court of Appeal of Florida | Date Filed: 1981-02-04

Citation: 396 So. 2d 196, 1981 Fla. App. LEXIS 18735

Snippet: appellees pursuant to the provisions of Section 180.191, Florida Statutes (1973). The appellees, representing

Mohme v. City of Cocoa

Court: District Court of Appeal of Florida | Date Filed: 1977-07-01

Citation: 356 So. 2d 2, 1977 Fla. App. LEXIS 17310

Snippet: stated: “1. Plaintiffs are proceeding under Section 180.191, Florida Statutes, which provides a civil action

Ago

Court: Florida Attorney General Reports | Date Filed: 1976-11-16

Snippet: of Seminole County than for residents. Cf. s. 180.191, F. S., relating to municipal utility rates for

City of North Miami Beach v. So. Gulf Utilities, Inc.

Court: Supreme Court of Florida | Date Filed: 1976-10-07

Citation: 339 So. 2d 173

Snippet: chapter as when a municipality acts under Section 180.191(1)(b), Florida Statutes (1975), where the question

City of Ormond Beach v. Mayo

Court: District Court of Appeal of Florida | Date Filed: 1976-04-23

Citation: 330 So. 2d 524, 1976 Fla. App. LEXIS 15031, 1976 WL 357276

Snippet: excess of the maximum rates allowed under F.S. §,180.191 and that the City’s establishment of the rate differential

Mohme v. City of Cocoa

Court: Supreme Court of Florida | Date Filed: 1976-02-25

Citation: 328 So. 2d 422, 1976 WL 352269

Snippet: which upheld the constitutionality of Section 180.191, Florida Statutes. We have jurisdiction pursuant