Florida Statutes
Fla. Stat. § 180.191 (2025)
Limitation on rates charged consumer outside city limits.
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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.
Notes of Decisions
Cited in 12
cases (2 in the last 5 years), 1975–2023 · leading case: Mohme v. City of Cocoa, 328 So. 2d 422 (Fla. 1976).
Mohme v. City of Cocoa, 328 So. 2d 422 (Fla. 1976). “This matter is before us upon appeal from the Circuit Court of the Eighteenth Judicial Circuit, in and for Brevard County, Florida, which upheld the constitutionality of Section 180.191, Florida Statutes. We have jurisdiction pursuant to the provisions of Subsection 3(b)(1),…”
Vill. of Palm Springs v. Ret. BUILDERS, 396 So. 2d 196 (Fla. 1st DCA 1981). “This is an appeal from an order denying an award of attorneys fees following a successful defense by appellant of an action brought by appellees pursuant to the provisions of Section 180.191, Florida Statutes (1973).”
Polk Cnty. v. Florida Pub. Serv. Com'n, 460 So. 2d 370 (Fla. 1984). “This Court, in upholding an analogous surcharge authorized by section 180.191, Florida Statutes (1973), held that a twenty-five percent surcharge on non-resident municipal water customers was not unreasonable, discriminatory, or unconstitutional.”
Hunger v. City of Zephyrhills, 307 So. 2d 487 (Fla. 2d DCA 1975). “Appellants, who were the plaintiffs in the trial court and lived outside the City of Zephyrhills, filed a class action suit against appellee for themselves and on behalf of all other users of sewer and water services who live outside the limits of the City of Zephyrhills,…”
City of North Miami Beach v. So. Gulf Utils., Inc., 339 So. 2d 173 (Fla. 1976). “We believe that the same principles apply when petitioner acted under the chapter as when a municipality acts under Section 180.191(1)(b), Florida Statutes (1975), where the question of burden of proof of reasonableness is concerned.”
City of Miami Gardens, Etc. v. City of North Miami Beach, Etc. (Fla. 3d DCA 2022). “ponsibility for water utilities it owns that are located outside its geographical bounds, is North Miami Beach still “operating” those water utilities? (b) If [NMB] is no longer “operating” water utilities it owns that are located outside its geographical bounds, may [NMB]…”
PALM BEACH SHORES v. City of Riviera Beach, 916 So. 2d 25 (Fla. 4th DCA 2005). “191, does not require a twenty-five percent surcharge, but rather, by the use of the term "may," grants the city discretion to charge an increased rate not to exceed twenty-five percent of what it charges its own residents. The town emphasizes that the 1951 agreement was not…”
Mohme v. City of Cocoa, 356 So. 2d 2 (Fla. 4th DCA 1977). “Plaintiffs are proceeding under Section 180.191, Florida Statutes, which provides a civil action, ‘may be instituted by the person or persons aggrieved’ and does not specifically provide for a class action.”
Town of Indian River Shores v. City of Vero Beach (Fla. 4th DCA 2023). “The Town failed to show that the City’s entire enterprise would not lose money by using the County’s extremely reduced rate for non-pressurized water.”
Oltman v. City of Pompano Beach, 46 Fla. Supp. 138 (Fla. Cir. Ct., Broward Cty. 1977). “In passing, it should be pointed out that the provisions of Section 180.191, Florida Statutes, effective December 8, 1970, *143 which limit the amount of municipally-owned water utility rate surcharges to customers outside the municipal boundaries, do not apply to the…”
Blubaugh v. Brevard Cnty., 691 So. 2d 559 (Fla. 5th DCA 1997). “In 1994, the legislature enacted Chapter 94^442, Special Laws of Florida, which exempted Brevard County from the general law expressed in section 180.191, Florida Statutes, and imposed the specific regulations and limitations of a “Distribution Differential Surcharge” in…”
City of Kissimmee v. Dept. of Env't Reg., 753 So. 2d 770 (Fla. 5th DCA 2000). “191(1) is not applicable in this case, as subsection (3) of section 180.191 specifically provides that, "[t]his section shall apply to municipally owned water and sewer utilities.”
— 180.191(1) — 3 cases
PALM BEACH SHORES v. City of Riviera Beach, 916 So. 2d 25 (Fla. 4th DCA 2005). “191, does not require a twenty-five percent surcharge, but rather, by the use of the term "may," grants the city discretion to charge an increased rate not to exceed twenty-five percent of what it charges its own residents. The town emphasizes that the 1951 agreement was not…”
City of Miami Gardens, Etc. v. City of North Miami Beach, Etc. (Fla. 3d DCA 2022). “ponsibility for water utilities it owns that are located outside its geographical bounds, is North Miami Beach still “operating” those water utilities? (b) If [NMB] is no longer “operating” water utilities it owns that are located outside its geographical bounds, may [NMB]…”
City of Kissimmee v. Dept. of Env't Reg., 753 So. 2d 770 (Fla. 5th DCA 2000). “191(1) is not applicable in this case, as subsection (3) of section 180.191 specifically provides that, "[t]his section shall apply to municipally owned water and sewer utilities.”
— 180.191(1)(a) — 3 cases
Mohme v. City of Cocoa, 328 So. 2d 422 (Fla. 1976). “This matter is before us upon appeal from the Circuit Court of the Eighteenth Judicial Circuit, in and for Brevard County, Florida, which upheld the constitutionality of Section 180.191, Florida Statutes. We have jurisdiction pursuant to the provisions of Subsection 3(b)(1),…”
City of Miami Gardens, Etc. v. City of North Miami Beach, Etc. (Fla. 3d DCA 2022). “ponsibility for water utilities it owns that are located outside its geographical bounds, is North Miami Beach still “operating” those water utilities? (b) If [NMB] is no longer “operating” water utilities it owns that are located outside its geographical bounds, may [NMB]…”
Town of Indian River Shores v. City of Vero Beach (Fla. 4th DCA 2023). “The Town failed to show that the City’s entire enterprise would not lose money by using the County’s extremely reduced rate for non-pressurized water.”
— 180.191(1)(b) — 2 cases
Mohme v. City of Cocoa, 328 So. 2d 422 (Fla. 1976). “This matter is before us upon appeal from the Circuit Court of the Eighteenth Judicial Circuit, in and for Brevard County, Florida, which upheld the constitutionality of Section 180.191, Florida Statutes. We have jurisdiction pursuant to the provisions of Subsection 3(b)(1),…”
City of North Miami Beach v. So. Gulf Utils., Inc., 339 So. 2d 173 (Fla. 1976). “We believe that the same principles apply when petitioner acted under the chapter as when a municipality acts under Section 180.191(1)(b), Florida Statutes (1975), where the question of burden of proof of reasonableness is concerned.”
— 180.191(2) — 1 case
City of Miami Gardens, Etc. v. City of North Miami Beach, Etc. (Fla. 3d DCA 2022). “ponsibility for water utilities it owns that are located outside its geographical bounds, is North Miami Beach still “operating” those water utilities? (b) If [NMB] is no longer “operating” water utilities it owns that are located outside its geographical bounds, may [NMB]…”
— 180.191(4) — 1 case
City of Miami Gardens, Etc. v. City of North Miami Beach, Etc. (Fla. 3d DCA 2022). “ponsibility for water utilities it owns that are located outside its geographical bounds, is North Miami Beach still “operating” those water utilities? (b) If [NMB] is no longer “operating” water utilities it owns that are located outside its geographical bounds, may [NMB]…”
— 180.191(5) — 1 case
Vill. of Palm Springs v. Ret. BUILDERS, 396 So. 2d 196 (Fla. 1st DCA 1981). “This is an appeal from an order denying an award of attorneys fees following a successful defense by appellant of an action brought by appellees pursuant to the provisions of Section 180.191, Florida Statutes (1973).”
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