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The 2025 Florida Statutes
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F.S. 180.191180.191 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 180.191
Total Results: 15
328 So. 2d 422, 1976 WL 352269
Supreme Court of Florida | Filed: Feb 25, 1976 | Docket: 1334523
Cited 16 times | Published
Florida, which upheld the constitutionality of Section 180.191, Florida Statutes. We have jurisdiction pursuant
460 So. 2d 370, 1984 WL 914502
Supreme Court of Florida | Filed: Dec 6, 1984 | Docket: 1766573
Cited 7 times | Published
upholding an analogous surcharge authorized by section 180.191, Florida Statutes (1973), held that a twenty-five
396 So. 2d 196, 1981 Fla. App. LEXIS 18735
District Court of Appeal of Florida | Filed: Feb 4, 1981 | Docket: 1732019
Cited 4 times | Published
by appellees pursuant to the provisions of Section 180.191, Florida Statutes (1973).
The appellees, representing
339 So. 2d 173
Supreme Court of Florida | Filed: Oct 7, 1976 | Docket: 1436702
Cited 3 times | Published
chapter as when a municipality acts under Section 180.191(1)(b), Florida Statutes (1975), where the question
916 So. 2d 25, 2005 Fla. App. LEXIS 17656, 2005 WL 2990640
District Court of Appeal of Florida | Filed: Nov 9, 2005 | Docket: 1186947
Cited 1 times | Published
" The statute relied on by Riviera Beach, section 180.191(1), Florida Statutes (2004), provides:
(1)
District Court of Appeal of Florida | Filed: May 10, 2023 | Docket: 67359006
Published
rates to city residents, which is
contrary to section 180.191, which allows a municipality to charge the
District Court of Appeal of Florida | Filed: Jul 20, 2022 | Docket: 63654659
Published
2003, NMB adopted an ordinance pursuant to section
180.191, Florida Statute (2003). In Ordinance Number
Florida Attorney General Reports | Filed: Jun 1, 2005 | Docket: 3258014
Published
Stat.
8 Section 180.191(1)(a), Fla. Stat.
9 Section 180.191(1)(b), Fla. Stat.
10 Section 180.191(1)(b)
753 So. 2d 770, 2000 Fla. App. LEXIS 3529, 2000 WL 300510
District Court of Appeal of Florida | Filed: Mar 24, 2000 | Docket: 1433777
Published
applicable in this case, as subsection (3) of section 180.191 specifically provides that, "[t]his section
691 So. 2d 559, 1997 Fla. App. LEXIS 3762, 1997 WL 168329
District Court of Appeal of Florida | Filed: Apr 11, 1997 | Docket: 64772445
Published
Brevard County from the general law expressed in section 180.191, Florida Statutes, and imposed the specific
Florida Attorney General Reports | Filed: Apr 5, 1994 | Docket: 3256116
Published
Opinion 92-18, the City of Cocoa asked whether section 180.191, Florida Statutes, which limits the rates municipal
Florida Attorney General Reports | Filed: Mar 9, 1992 | Docket: 3257324
Published
180.06, F.S.
3 Section 180.06(6), F.S.
4 Section 180.191(1)(a) and (b), F.S.
5 Section 403.064(1), F
356 So. 2d 2, 1977 Fla. App. LEXIS 17310
District Court of Appeal of Florida | Filed: Jul 1, 1977 | Docket: 64563280
Published
stated:
“1. Plaintiffs are proceeding under Section 180.191, Florida Statutes, which provides a civil action
330 So. 2d 524, 1976 Fla. App. LEXIS 15031, 1976 WL 357276
District Court of Appeal of Florida | Filed: Apr 23, 1976 | Docket: 64553390
Published
in excess of the maximum rates allowed under F.S. §,180.191 and that the City’s establishment of the rate
307 So. 2d 487, 1975 Fla. App. LEXIS 14628
District Court of Appeal of Florida | Filed: Jan 17, 1975 | Docket: 64544220
Published
that the city had violated the provisions of Section 180.191, F. S.A., by charging out-of-city users higher
