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Florida Statute 153.11 - Full Text and Legal Analysis
Florida Statute 153.11 | Lawyer Caselaw & Research
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The 2025 Florida Statutes

Title XI
COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS
Chapter 153
WATER AND SEWER SYSTEMS
View Entire Chapter
153.11 Water service charges and sewer service charges; revenues.
(1)(a) The county commission shall in the resolution providing for the issuance of either water revenue bonds or sewer revenue bonds, or both, fix the initial schedule of rates, fees and other charges for the use of and for the services furnished or to be furnished by the facilities, to be paid by the owner, tenant or occupant of each lot or parcel of land which may be connected with and use any such facility by or through any part of the water system of the county.
(b) After the system or systems shall have been in operation the county commission may revise such schedule of rates, fees and charges from time to time. Such rates, fees and charges shall be so fixed and revised as to provide funds, with other funds available for such purposes, sufficient at all times to pay the cost of maintaining, repairing and operating the system or systems including the reserves for such purposes and for replacements and depreciation and necessary extensions, to pay the principal of and the interest on the water revenue bonds and/or sewer revenue bonds as the same shall become due and the reserves therefor, and to provide a margin of safety for making such payments. The county commission shall charge and collect the rates, fees and charges so fixed or revised and such rates, fees and charges shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the county or of the state or of any sanitary district or other political subdivision of the state.
(c) Such rates, fees and charges shall be just and equitable and may be based or computed upon the quantity of water consumed and/or upon the number and size of sewer connections or upon the number and kind of plumbing fixtures in use in the premises connected with the sewer system or upon the number or average number of persons residing or working in or otherwise connected with such premises or upon any other factor affecting the use of the facilities furnished or upon any combination of the foregoing factors.
(d) In cases where the amount of water furnished to any building or premises is such that it imposes an unreasonable burden upon the water supply system an additional charge may be made therefor or the county commission may if it deems advisable compel the owners or occupants of such building or premises to reduce the amount of water consumed thereon in a manner to be specified by the county commission or the county commission may refuse to furnish water to such building or premises.
(e) In cases where the character of the sewage from any manufacturing or industrial plant or any building or premises is such that it imposes an unreasonable burden upon any sewage disposal system, an additional charge may be made therefor, or the county commission may, if it deems it advisable, compel such manufacturing or industrial plant or such building or premises to treat such sewage in such manner as shall be specified by the county commission before discharging such sewage into any sewer lines owned or maintained by the county.
(2) The county commission may charge any owner or occupant of any building or premise receiving the services of the facilities herein provided such initial installation or connection charge or fee as the commission may determine to be just and reasonable.
(3)(a) No rates, fees or charges shall be fixed under the foregoing provisions of this section until after a public hearing at which all of the users of the facilities provided by this chapter and owners, tenants and 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. After the adoption by the county commission of a resolution setting forth the preliminary schedule or schedules fixing and classifying such rates, fees and charges, notice of such public hearing setting forth the schedule or schedules of rates, fees and charges shall be given by one publication in a newspaper published in the county at least 10 days before the date fixed in said notice for the hearing, which said hearing may be adjourned from time to time. After such hearing such preliminary schedule or schedules, either as originally adopted or as modified or amended, shall be adopted and put into effect and thereupon the resolution providing for the issuance of water revenue bonds and/or sewer revenue bonds may be finally adopted.
(b) A copy of the schedule or schedules of such rates, fees and charges finally fixed in such resolution shall be kept on file in the office of the clerk of the circuit court in the county and shall be open to inspection by all parties interested. The rates, fees or charges so fixed for any class of users or property served shall be extended to cover any additional property thereafter served which fall within the same class without the necessity of any hearing or notice.
(c) Any change or revision of any rates, fees or charges may be made in the same manner as such rates, fees or charges were originally established as hereinabove provided, but if such change or revision be made substantially pro rata as to all classes of service no notice or hearing shall be required.
History.s. 11, ch. 29837, 1955.

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Amendments to 153.11


Annotations, Discussions, Cases:

Cases Citing Statute 153.11

Total Results: 6  |  Sort by: Relevance  |  Newest First

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Loxahatchee Ecd v. Sch. Bd. Palm Beach Cty., 496 So. 2d 930 (Fla. 4th DCA 1986).

Cited 19 times | Published | Florida 4th District Court of Appeal | 1986 WL 1167087

...e pertinent definition here is a part. The Department of Education clearly is the agency charged with administering the Florida School Code, of which Chapter 235 is a part; and as to the claim that statutes pertaining to public utilities — sections 153.11(1)(b) and 184.09(1)(a) — prohibit regulation of such utilities by state agencies, it should be noted that section 235.26(9) states in terms that "[a]ll special acts or general laws of local application are hereby repealed to the extent that t...
...In its reply brief the county says, in effect, that even if section 235.26(9) indeed repeals all special acts or general laws of local application to the extent they conflict with section 235.26, the section has no effect on three provisions in the statutes that are general laws of general application — sections 153.83, 153.11(1)(b) and 180.13(2)....
...Moreover, it may be argued that even if section 153.83 were applicable, it would not be violated by the exemption of a school board's new facilities from payment of impact or similar fees, in that such users are in a class by themselves. The statute prohibits discrimination in fees charged to users in the same class. Section 153.11(1)(b) is the statutory section which says the rates fees and charges of county water and sewer districts are fixed by the county commission and not subject to supervision or regulation by any other state or county agency....
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Blitz Telecom Consulting, LLC v. Peerless Network, Inc., 151 F. Supp. 3d 1294 (M.D. Fla. 2015).

Cited 15 times | Published | District Court, M.D. Florida | 2015 U.S. Dist. LEXIS 170093, 2015 WL 9269413

engaged as a common carrier for hire.” 47 U.S.C. § 153(11). Due to the lack of instruction afforded by this
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Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001).

Cited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 10391

...a water-conserving rate structure. The PSC approved the rate and granted the necessary certificate to the utility. The regulatory interplay between the PSC and the water management district was not an issue in the case. Pinellas further argues that section 153.11(1)(b), Florida Statutes (1995), gives the county commission authority over water *923 rates and that the rates "shall not be subject to supervision or regulation by any other commission, board, bureau or agency of the county or of the...
...ated that if any portion of section II of the Florida Water Act is in conflict with any other state law, that portion of the Florida Water Act controls. Thus, in this instance, should there have been a conflict, section 373.223(1) would control over section 153.11(1)(b)....
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I-4 Com. Ctr, Phase II, Unit I v. Orange Cnty., 46 So. 3d 134 (Fla. 5th DCA 2010).

Cited 1 times | Published | Florida 5th District Court of Appeal | 2010 Fla. App. LEXIS 16058, 35 Fla. L. Weekly Fed. D 2336

...Furthermore, we cannot conclude that the readiness-to-serve/capacity cost component of Orange County’s rate schedule is arbitrary, unreasonable, or discriminatory. We also reject appellants’ contention that Orange County’s ordinance violates section 153.11(l)(c), Florida Statutes (2008). Section 153.11 authorizes counties to charge for wastewater services....
...he sewer system or upon the number or average number of persons residing or working in or otherwise connected with such premises or upon any other factor affecting the use of the facilities furnished or upon any combination of the foregoing factors. § 153.11(1)(c), Fla. Stat. (2008). The only mandatory provision in section 153.11(l)(c) states that the fees must be “just” and “equitable.” The lack of actual use does not render a fee unjust or inequitable....
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Yakubik v. Lee Cnty., 471 So. 2d 540 (Fla. 1985).

Published | Supreme Court of Florida | 10 Fla. L. Weekly 308, 1985 Fla. LEXIS 3475

...the issuance of revenue bonds for the water treatment plant. Appellants contend the circuit court erred in entering a final judgment validating the revenue bonds on the following three grounds: (1) the Board failed to comply with the requirements of section 153.11, Florida Statutes (1983), prior to adopting resolution 84-4-25; (2) the Board lacked authority to issue the bonds because the combined and consolidated system was created in violation of either chapter 153, Part II, Florida Statutes, or chapter 165, Florida Statutes; (3) the bonds violate prior bond provisions. In adopting resolution 84-4-25, the Board did not set forth, pursuant to section 153.11(l)(a), a preliminary schedule of rates, fees and charges, or, pursuant to section 153.11(3)(a), hold a public hearing or publish notice setting forth the schedule and announcing a public hearing date....
...validation of the bonds. We disagree. The county’s combined water and sewer system has been in operation since its water system was constructed with the proceeds of the water system bonds issued in 1966. We conclude that sections 153.-ll(l)(a) and 153.11(3)(a) are not applicable once a system becomes operational....
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Ago (Fla. Att'y Gen. 1981).

Published | Florida Attorney General Reports

may require pretreatment of those wastes. Section 153.11(1)(e), F.S. From this, the implication is clear

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.