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Florida Statute 180.191 | Lawyer Caselaw & Research
F.S. 180.191 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 180.191

The 2023 Florida Statutes (including Special Session C)

Title XII
MUNICIPALITIES
Chapter 180
MUNICIPAL PUBLIC WORKS
View Entire Chapter
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 from cite.case.law:

TOWN OF PALM BEACH SHORES, v. CITY OF RIVIERA BEACH,, 916 So. 2d 25 (Fla. Dist. Ct. App. 2005)

. . . The statute relied on by Riviera Beach, section 180.191(1), Florida Statutes (2004), provides: (1) Any . . . The town’s response to this argument is that the statute on which Riviera Beach relies, section 180.191 . . .

CITY OF KISSIMMEE, v. DEPARTMENT OF ENVIRONMENTAL REGULATION,, 753 So. 2d 770 (Fla. Dist. Ct. App. 2000)

. . . (1999) which govern municipal public works apply and that rates must be set pursuant to subsection 180.191 . . . However, subsection 180.191(1) is not applicable in this case, as subsection (3) of section 180.191 specifically . . .

BLUBAUGH, v. BREVARD COUNTY,, 691 So. 2d 559 (Fla. Dist. Ct. App. 1997)

. . . 442, Special Laws of Florida, which exempted Brevard County from the general law expressed in section 180.191 . . .

WALL, d b a v. CITY OF ATHENS, GEORGIA,, 663 F. Supp. 747 (M.D. Ga. 1987)

. . . importantly, although this fact was not discussed by the Falls Chase and Au-ton courts, Florida Statute § 180.191 . . .

POLK COUNTY, v. FLORIDA PUBLIC SERVICE COMMISSION, LEON COUNTY, v. FLORIDA PUBLIC SERVICE COMMISSION,, 460 So. 2d 370 (Fla. 1984)

. . . This Court, in upholding an analogous surcharge authorized by section 180.191, Florida Statutes (1973 . . . authorized by the rule in the instant case is much more reasonable than the one authorized by section 180.191 . . .

VILLAGE OF PALM SPRINGS, v. RETIREMENT BUILDERS, INC., 396 So. 2d 196 (Fla. Dist. Ct. App. 1981)

. . . successful defense by appellant of an action brought by appellees pursuant to the provisions of Section 180.191 . . . moved the court for award of attorney’s fees in excess of $220,000, pursuant to the provisions of F.S. 180.191 . . . (F.S. 180.191(5)) The Supreme Court of the United States of America, in the case of Christianburg [Christiansburg . . . Therefore, this court adopts the rationale and holding contained in the cited case and applies it to F.S. 180.191 . . . defendant, Village of Palm Springs, for attorney’s fees in this cause pursuant to the provisions of F.S. 180.191 . . .

OLTMAN, v. CITY OF POMPANO BEACH OLTMAN, v. CITY OF POMPANO BEACH, 46 Fla. Supp. 138 (Broward Cty. Cir. Ct. 1977)

. . . In passing, it should be pointed out that the provisions of Section 180.191, Florida Statutes, effective . . .

W. MOHME, S. P. E. W. M. v. CITY OF COCOA, a, 356 So. 2d 2 (Fla. Dist. Ct. App. 1977)

. . . Plaintiffs are proceeding under Section 180.191, Florida Statutes, which provides a civil action, ‘may . . . propriety of maintaining this action as a class action because the cause of action arises under Section 180.191 . . . City of Cocoa, 328 So.2d 422 (Fla.1976), the Supreme Court observed no proscription in Section 180.191 . . . 1.220, and I can conceive of no reason why that rule would not apply to a cause of action under Section 180.191 . . .

CITY OF NORTH MIAMI BEACH, a v. SOUTHERN GULF UTILITIES, INC. a, 339 So. 2d 173 (Fla. 1976)

. . . principles apply when petitioner acted under the chapter as when a municipality acts under Section 180.191 . . . Pursuant to Section 180.191(l)(b), Florida Statutes (1975), water rates charged by a municipality to . . .

CITY OF ORMOND BEACH, v. T. MAYO, 330 So. 2d 524 (Fla. Dist. Ct. App. 1976)

. . . . §,180.191 and that the City’s establishment of the rate differential between in-city and out-of-city . . .

W. MOHME v. CITY OF COCOA, a, 328 So. 2d 422 (Fla. 1976)

. . . Judicial Circuit, in and for Brevard County, Florida, which upheld the constitutionality of Section 180.191 . . . In addition to the constitutionality of Section 180.191, Florida Statutes, the points raised on this . . . Appellants submit that Section 180.191, Florida Statutes, violates Sections 2 and 9 of Article I of the . . . Under Subsection 180.191(1) (a), Florida Statutes, the rate to which the 25% surcharge may be added is . . . But the requirements of Subsection 180.191(1) (b), Florida Statutes, are twofold: (1) The rates must . . .

HUNGER v. CITY OF ZEPHYRHILLS, a, 307 So. 2d 487 (Fla. Dist. Ct. App. 1975)

. . . the limits of the City of Zephyrhills, claiming that the city had violated the provisions of Section 180.191 . . . Section 180.191 became effective on December 8, 1970, and placed a ceiling on rates which could be charged . . . consideration are: (1) whether the trial court erred when it failed to find the city in violation of Section 180.191 . . . users, and (2) whether the trial court erred when it failed to find the city in violation of Section 180.191 . . .