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: Fla. Dist. Ct. App. | Date Filed: 2023-05-10T00:53:00-07:00

Snippet: to city residents, which is contrary to section 180.191, which allows a municipality to charge the same…rate to water users outside its jurisdiction. § 180.191(1)(a), Fla. Stat. (2019). The statute does not

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

Court: Fla. Dist. Ct. App. | Date Filed: 2022-07-20T00:53:00-07:00

Snippet: confines of a single county.” § 180.191(3), Fla. Stat. (2003). Section 180.191(2) further provides that whenever… the cost.” § 180.191(4), Fla. Stat. (2003). The remedy provided for in section 180.191 was created to… NMB adopted an ordinance pursuant to section 180.191, Florida Statute (2003). In Ordinance Number 2002…distributed from the Norwood Plant pursuant to section 180.191(1)(a), Florida Statutes (2003). NMB consumers…of Miami Gardens? (c) Does Section 180.191, Florida Statutes provide for the imposition

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

Court: Fla. | Date Filed: 2017-04-20T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2014-07-30T00:00:00-07:00

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: Fla. | Date Filed: 2013-05-02T00:00:00-07:00

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.2d

Valentine v. State

Court: Fla. | Date Filed: 2012-05-17T00:00:00-07:00

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: Fla. Dist. Ct. App. | Date Filed: 2005-11-08T23:53:00-08:00

Citation: 916 So. 2d 25

Snippet: The statute relied on by Riviera Beach, section 180.191(1), Florida Statutes (2004), provides: (1) Any …statute on which Riviera Beach relies, section 180.191, does not require a twenty-five percent surcharge

Ago

Court: Fla. Att'y Gen. | Date Filed: 2005-06-01T00:53:00-07:00

Snippet: 8 Section 180.191(1)(a), Fla. Stat. 9 Section 180.191(1)(b), Fla. Stat. 10 Section 180.191(1)(b), Fla…consumers outside the city limits. As provided in s. 180.191, Florida Statutes, "[a]ny municipality within…Stat. I would note that the provisions of section 180.191, Fla. Stat., apply to municipally owned water and

City of Kissimmee v. DEPT. OF ENVIRONMENTAL REG.

Court: Fla. Dist. Ct. App. | Date Filed: 2000-03-23T23:53:00-08:00

Citation: 753 So. 2d 770

Snippet: be set pursuant to subsection 180.191(1). However, subsection *773 180.191(1) is not applicable in this…this case, as subsection (3) of section 180.191 specifically provides that, "[t]his section shall apply

Blubaugh v. Brevard County

Court: Fla. Dist. Ct. App. | Date Filed: 1997-04-11T00:00:00-07:00

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: Fla. Att'y Gen. | Date Filed: 1994-04-05T00:53:00-07:00

Snippet: 92-18, the City of Cocoa asked whether section 180.191, Florida Statutes, which limits the rates municipal…extraterritorially is bound by the provisions of section 180.191, Florida Statutes, in setting rates for such services…extraterritorially is bound by the provisions of s. 180.191, Fla. Stat., in setting rates for such services

Ago

Court: Fla. Att'y Gen. | Date Filed: 1992-03-08T23:53:00-08:00

Snippet: City Attorney City of Cocoa QUESTION: Does s. 180.191, F.S., limiting the rates municipal public works…extraterritorially, is bound by the provisions of s. 180.191, F.S., in setting rates for such services outside… another municipality. However, pursuant to s. 180.191(1), F.S., a municipality which operates a water…limits is bound by those guidelines set forth in s. 180.191, F.S., when setting rates. Such a reading of the…the statutes would not only allow ss. 180.191 and 403.064(5), F.S., to be harmonized and reconciled so

Polk County v. Florida Public Service Com'n

Court: Fla. | Date Filed: 1984-12-05T23:53:00-08:00

Citation: 460 So. 2d 370

Snippet: upholding an analogous surcharge authorized by section 180.191, Florida Statutes (1973), held that a twenty-five… reasonable than the one authorized by section 180.191. The rule provides for a more equitable surcharge

Ago

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

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: Fla. Dist. Ct. App. | Date Filed: 1981-02-03T23:53:00-08:00

Citation: 396 So. 2d 196

Snippet: appellees pursuant to the provisions of Section 180.191, Florida Statutes (1973). The appellees, representing…attorneys fees pursuant to the provisions of Section 180.191(5). The trial court denied appellant's request…of $220,000, pursuant to the provisions of F.S. 180.191(5). The issue presented to the court is of first…attorney's fee as part of the cost." (F.S. 180.191(5)) The Supreme Court of the United States of America…contained in the cited case and applies it to F.S. 180.191(5). The introductory paragraph of Chapter 70-997

Mohme v. City of Cocoa

Court: Fla. Dist. Ct. App. | Date Filed: 1977-07-01T00:00:00-07:00

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…because the cause of action arises under Section 180.191, Florida Statutes (1975). In a prior appeal in …Supreme Court observed no proscription in Section 180.191 against class actions by dissatisfied consumers…would not apply to a cause of action under Section 180.191. As I indicated above, this is a classic situation

Ago

Court: Fla. Att'y Gen. | Date Filed: 1976-11-15T23:53:00-08:00

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: Fla. | Date Filed: 1976-10-07T00:53:00-07:00

Citation: 339 So. 2d 173

Snippet: chapter as when a municipality acts under Section 180.191(1)(b), Florida Statutes (1975), where the question…reasonableness is concerned. Pursuant to Section 180.191(1)(b), Florida Statutes (1975), water rates charged…which has utilized the provisions of Subsection 180.191(1)(b), Florida Statutes, should not be required

City of Ormond Beach v. Mayo

Court: Fla. Dist. Ct. App. | Date Filed: 1976-04-23T00:00:00-08:00

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: Fla. | Date Filed: 1976-02-24T23:53:00-08:00

Citation: 328 So. 2d 422

Snippet: which upheld the constitutionality of Section 180.191, Florida Statutes. We have jurisdiction pursuant… rate charged city resident users; (2) Section 180.191(1)(b), Florida Statutes, authorizes cities to charge…amend to allege the unconstitutionality of Section 180.191, Florida Statutes, and denying with prejudice plaintiffs…In addition to the constitutionality of Section 180.191, Florida Statutes, the points raised on this appeal… be maintained as a class action. *424 Section 180.191, Florida Statutes, reads in pertinent part: "