Utilities

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A bill to be entitled 1
An act relating to utilities; amending s. 180.19, 2
F.S.; requiring municipalities that operate utility 3
services to allow other municipalities and property 4
owners outside its municipal boundaries to connect 5
with and use the utility services under specified 6
conditions; prohibiting municipalities that operate 7
utility services from denying requests by property 8
owners outside its municipal boundaries to connect 9
with or use the utility services based on specified 10
criteria; providing an exception; requiring 11
municipalities to make certain determinations within a 12
specified timeframe; providing for appeal of such 13
determinations; providing for the award of attorney 14
fees and court costs; providing that municipalities 15
are not liable for such fees and costs under certain 16
conditions; requiring municipalities that operate 17
water and wastewater utility services to negotiate 18
interlocal agreements with counties under specified 19
conditions; providing minimum requirements for such 20
agreements; establishing a deadline for executing such 21
agreements; providing construction; creating s. 22
166.0487, F.S.; defining the terms "wastewater utility 23
infrastructure" and "wastewater utility upgrade 24
project"; prohibiting municipalities from applying 25

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certain comprehensive plan amendments or land use 26
regulations to wastewater utility upgrade projects 27
under specified conditions; providing applicability; 28
amending s. 425.09, F.S.; authorizing notices for 29
rural electrical cooperative board of trustees 30
meetings to be delivered by e-mail; revising notice 31
requirements for meetings during which elections will 32
occur; requiring the board of trustees, beginning on a 33
specified date, to annually prepare a list of 34
cooperative members and to make the list available for 35
certain inspection; revising quorum requirements; 36
authorizing electronic voting; amending s. 425.10, 37
F.S.; requiring the bylaws of rural electrical 38
cooperatives to include specified provisions relating 39
to the nomination of members for election to the board 40
of trustees; requiring the appointment of election 41
inspectors; providing duties of election inspectors; 42
creating s. 425.30, F.S.; authorizing rural electric 43
cooperatives to conduct elections and membership votes 44
through electronic voting under certain conditions; 45
requiring members voting electronically to be counted 46
for quorum purposes; prohibiting substantive votes 47
when a quorum is based on the number of members voting 48
electronically; requiring electronic voting to be 49
authorized by a resolution of the board of trustees; 50

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providing requirements for such resolutions; providing 51
for members to consent to and opt out of electronic 52
voting; providing applicability; providing for 53
cooperative members to petition the board of trustees 54
to adopt electronic voting; providing an effective 55
date. 56
57
Be It Enacted by the Legislature of the State of Florida: 58
59
Section 1. Section 180.19, Florida Statutes, is amended to 60
read: 61
180.19 Use by other municipalities and by individuals 62
outside corporate limits.— 63
(1)(a) A municipality that operates utility services which 64
constructs any works as are authorized under by this chapter 65
shall allow a, may permit any other municipality or property 66
owner and the owners or association of owners of lots or lands 67
outside of its municipal boundaries corporate limits or within 68
the limits of any other municipality, to connect with or use the 69
utility services if: 70
1. The utility system has sufficient treatment, 71
transmission, and distribution capacity to serve the requested 72
connection without materially impairing service to existing 73
utility customers; 74
2. The property is not within the service area of another 75

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water or wastewater utility, as applicable; 76
3. The property is within 1 mile of a main line of the 77
utility system, measured by the closest property boundary line 78
from the main line; and 79
4. The requesting municipality or property owner agrees to 80
pay all applicable rates, fees, and charges authorized under s. 81
180.191. 82
(b) If the conditions in paragraph (a) are not met, 83
connection with or use of the utility services are utilities 84
mentioned in this chapter upon such terms and conditions as may 85
be agreed between the such municipalities or the municipality 86
and the property owner, and the owners or association of owners 87
of such outside lots or lands. 88
(c) A municipality that operates utility services may not 89
deny a request for connection with or use of utility services by 90
a property owner outside of its municipal boundaries on the sole 91
basis that the property owner refuses to assent or otherwise 92
consent to the property being annexed by the municipality, 93
unless, as of July 1, 2026, the property is subject to an 94
annexation agreement or developer agreement or is located in an 95
area subject to a joint planning agreement between the 96
municipality and the applicable county under s. 163.3171. 97
(2)(a) A municipality that operates utility services must 98
make a written capacity determination within 30 days after 99
receipt of a completed application for connection from a 100

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municipality or property owner under subsection (1). The 101
determination must be based on generally accepted engineering 102
standards and current system data. A denial of connection with 103
or use of utility services due to a lack of capacity must 104
include specific engineering findings identifying the deficient 105
components of the system. 106
(b) A requesting municipality or property owner denied 107
connection with or use of utility services may appeal the 108
capacity determination to the circuit court in the county in 109
which the municipality or property is located. The court must 110
review the determination de novo. 111
(c) If the court finds that the municipality refused to 112
allow the connection in violation of this subsection, the court 113
must order the connection and award the prevailing party 114
reasonable attorney fees and court costs to be paid by the 115
municipality operating the utility services. 116
(d) The municipality operating the utility services is not 117
liable for attorney fees or court costs under paragraph (c) if 118
the municipality demonstrates by clear and convincing evidence 119
that the denial was based on a good faith, reasonable 120
engineering determination of insufficient capacity. 121
(3)(2) Any private company or corporation organized to 122
accomplish the purposes of set forth in this chapter that, which 123
has been granted a privilege or franchise by a municipality to 124
operate utility services, may allow a municipality or property 125

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owner permit the owners or association of owners of lots or 126
lands outside of the boundaries of the granting said 127
municipality granting said privilege or franchise, or other 128
municipality, to connect with and use the utility services 129
operated by the said private company or corporation upon such 130
terms as may be agreed between the said private company or 131
corporation and the owners or association of owners of said lots 132
or lands or the said municipality or property owner. 133
(4)(a) A municipality that operates water or wastewater 134
utility services outside of its municipal boundaries must enter 135
into an interlocal agreement under s. 163.01 with the county in 136
which the municipality provides such services if all of the 137
following conditions are met: 138
1. The county has designated an area located outside such 139
municipal boundaries but within the county as an economic 140
development zone. 141
2. The economic development zone is located entirely or 142
partially within the municipal utility's service area. 143
3. The economic development zone is geographically 144
surrounded by unincorporated area of the county, except that a 145
portion of the boundary of such zone may abut the municipal 146
boundary of the municipality. 147
(b) The interlocal agreement must address the provision of 148
water and wastewater services to the entire economic development 149
zone to ensure, to the maximum extent practicable, the provision 150

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of safe, efficient, and sufficient services to meet current and 151
forecasted needs of the economic development zone. The agreement 152
must, at a minimum: 153
1. Define service and maintenance responsibilities for 154
facilities and infrastructure required to provide such services, 155
including all necessary supporting infrastructure. 156
2. Establish and define responsibilities for capacity 157
planning, infrastructure expansion, and cost allocation for the 158
investments needed to provide such services. 159
3. Provide timelines and permitting procedures to ensure 160
the timely and reliable delivery of such services. 161
4. Include procedures for amending the agreement and for 162
dispute resolution to prevent unreasonable delay in the 163
provision of such services. 164
(c) The interlocal agreement must be executed by July 1, 165
2027, or within 12 months after the designation of the economic 166
development zone, whichever occurs later. 167
(d) An extension of utility services made pursuant to an 168
interlocal agreement under this subsection is not subject to any 169
other provision of this section related to the establishment of 170
a new agreement for the extension of services. 171
(5) This section does not prohibit a municipality from 172
imposing reasonable impact fees, connection fees, or 173
infrastructure contributions necessary to fund system expansion 174
required for a new connection. 175

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Section 2. Section 166.0487, Florida Statutes, is created 176
to read: 177
166.0487 Limitation on municipal regulation of wastewater 178
utility infrastructure on property owned by another political 179
subdivision.- 180
(1) As used in this section: 181
(a) "Wastewater utility infrastructure" includes 182
wastewater treatment plants, lift stations, vacuum stations, 183
pump stations, and appurtenances. 184
(b) "Wastewater utility upgrade project" means a project 185
to improve the operation or efficiency or expand the capacity of 186
existing wastewater utility infrastructure in a manner intended, 187
in whole or in part, to prevent or reduce pollution. 188
(2) A municipality may not apply a comprehensive plan 189
amendment or a land use regulation, including, but not limited 190
to, a land development regulation, setback requirement, lot size 191
requirement, or use restriction, to a wastewater utility upgrade 192
project proposed by another political subdivision that owns the 193
property on which the infrastructure is located if all of the 194
following conditions are met: 195
(a) The existing wastewater utility infrastructure is 196
located within the municipal boundaries of the municipality 197
applying the land use regulation. 198
(b) The land use regulation is more burdensome or 199
restrictive than the regulations that applied at the time the 200

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infrastructure was originally installed and would prevent, 201
hinder, obstruct, or increase the cost of the proposed 202
wastewater utility upgrade project. 203
(c) The wastewater utility infrastructure is owned or 204
operated by: 205
1. The political subdivision that owns the property; 206
2. A private firm operating under a wastewater facility 207
privatization contract as provided in part III of chapter 153; 208
or 209
3. A private company operating under a franchise granted 210
by a municipality as provided in chapter 180. 211
(3) The prohibition under subsection (2) does not apply to 212
any property that: 213
(a) Does not have any wastewater utility infrastructure 214
installed at the time the land use regulation is adopted by the 215
municipality. 216
(b) Would be acquired or developed for wastewater utility 217
purposes by another political subdivision as part of the 218
proposed wastewater utility upgrade project. 219
Section 3. Subsections (6), (7), and (8) of section 220
425.09, Florida Statutes, are renumbered as subsections (7), 221
(8), and (9), respectively, subsection (5) and present 222
subsection (6) are amended, and a new subsection (6) is added to 223
that section, to read: 224
425.09 Members.— 225

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(5) Except as hereinafter otherwise provided, written or 226
printed notice stating the time and place of each meeting of 227
members, and in the case of a special meeting the purpose or 228
purposes for which the meeting is called, must shall be given to 229
each member, either personally, or by mail, or by e-mail, not 230
less than 10 days or nor more than 45 days before the date of 231
the meeting. For any meeting at which an election of trustees or 232
successors to trustees will be held, the notice must be provided 233
not less than 30 days or more than 45 days before the date of 234
the meeting and must state the name or names of those nominated 235
and certified for the election as provided in this chapter. 236
(6) By January 1, 2027, and annually thereafter, the board 237
of trustees shall prepare an updated, alphabetical list of the 238
names of all members and, if applicable, the voting district 239
established under s. 425.11 in which each member receives 240
service. The board of trustees shall make the list available 241
upon request of any member of the cooperative. At each meeting 242
of members, any member or the member's proxy is entitled to 243
inspect the list at any time during the meeting or any 244
adjournment. 245
(7)(6) Effective January 1, 2027, 5 One percent of all 246
members, present in person, constitutes shall constitute a 247
quorum for the transaction of business at all meetings of the 248
members, except that a quorum shall be 10 percent of all members 249
present in person at any meeting at which an election of 250

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trustees or successors to trustees will be held. unless The 251
bylaws may prescribe the presence of a greater percentage of the 252
members for a quorum. Notwithstanding the requirement that 253
members be present in person in order to be counted in 254
determining a quorum, the bylaws may permit voting by limited 255
proxy, or by mail, or electronically through an Internet-based 256
online voting system and members so voting shall be counted as 257
present in person for determination of a quorum. A majority of a 258
quorum is required to approve any motion or matter before a 259
meeting of the members. Members voting by mail, or limited 260
proxy, or electronically through an Internet-based online voting 261
system may shall not be counted on any matter raised at a 262
meeting that which was not specifically listed and identified on 263
the mail ballot, or proxy, or Internet-based online voting 264
system. If less than a quorum is present at any meeting, a 265
majority of those present in person may adjourn the meeting from 266
time to time without further notice. 267
Section 4. Subsections (4), (5), and (6) of subsection (1) 268
of section 425.10, Florida Statutes, are renumbered as 269
subsections (5), (6), and (7), respectively, subsection (1) is 270
amended, and a new subsection (4) is added to that section, to 271
read: 272
425.10 Board of trustees.— 273
(1) The business and affairs of a cooperative shall be 274
managed by a board of not less than five trustees, each of whom 275

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shall be a member of the cooperative or of another cooperative 276
which shall be a member thereof. The bylaws shall prescribe the 277
number of trustees, their qualifications, other than those 278
provided for in this chapter, the manner of holding meetings of 279
the board of trustees and of the election of successors to 280
trustees who shall resign, die, or otherwise be incapable of 281
acting. The bylaws must prescribe a process by which members may 282
nominate one or more individuals for election as a trustee or a 283
successor to a trustee, a process by which the board of trustees 284
may certify that a nominee meets the qualifications for a 285
trustee or a successor to a trustee as set forth in the bylaws 286
and this chapter, and a process by which a nominee who is not 287
certified by the board of trustees may challenge the 288
noncertification decision. The bylaws may also provide for the 289
removal of trustees from office and for the election of their 290
successors. Without approval of the members, trustees shall not 291
receive any salaries for their services as trustees and, except 292
in emergencies, shall not be employed by the cooperative in any 293
capacity involving compensation. The bylaws may, however, 294
provide that a fixed fee and expenses of attendance, if any, may 295
be allowed to each trustee for attendance at each meeting of the 296
board of trustees and that such may be allowed for the 297
performance of other cooperative business, provided it has prior 298
approval of the board of trustees. 299

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(4)(a) For each meeting of members at which an 300
election for trustees or successors to trustees is to be 301
conducted, a cooperative must appoint one or more 302
inspectors to carry out the duties under paragraph (b). 303
Each inspector must faithfully execute the duties under 304
paragraph (b) with strict impartiality and according to the 305
best of his or her ability. An inspector may be an officer 306
or employee of the cooperative. 307
(b) An inspector must: 308
1. Determine the number of votes represented at the 309
meeting, whether in person, electronically, or by proxy. 310
2. Determine the validity of mail-in ballots and 311
proxy appointments and ballots. 312
3. Count the votes. 313
4. Make a written report of the results. 314
Section 5. Section 425.31, Florida Statutes, is created to 315
read: 316
425.31 Electronic voting.— 317
(1) A cooperative may conduct elections and other 318
membership votes through an Internet-based online voting system 319
if a member consents, electronically or in writing, to online 320
voting and if all of the following requirements are met: 321
(a) The cooperative provides each member with: 322
1. A method to authenticate the member's identity to the 323
online voting system. 324

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2. A method to confirm, at least 14 days before the voting 325
deadline, that the member's electronic device can successfully 326
communicate with the online voting system. 327
3. A method that is consistent with the election and 328
voting procedures provided in the cooperative's bylaws. 329
(b) The cooperative uses an online voting system that is: 330
1. Able to authenticate the member's identity. 331
2. Able to authenticate the validity of each electronic 332
vote to ensure that the vote is not altered in transit. 333
3. Able to transmit a receipt from the online voting 334
system to each member who casts an electronic vote. 335
4. Able to permanently separate any authentication or 336
identifying information from the electronic election ballot, 337
rendering it impossible to tie an election ballot to a specific 338
member. This subparagraph only applies if the cooperative's 339
bylaws provide for secret ballots for the election of trustees. 340
5. Able to store and keep electronic ballots accessible 341
for recount, inspection, and review purposes. 342
(2) A member voting electronically pursuant to this 343
section must be counted as being in attendance at the meeting 344
for purposes of determining a quorum. A substantive vote of the 345
members may not be taken on any issue other than the issues 346
specifically identified in the electronic vote when a quorum is 347
established based on members voting electronically pursuant to 348
this section. 349

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(3) This section applies to a cooperative that provides 350
for and authorizes an online voting system pursuant to this 351
section by a resolution of the board of trustees. The resolution 352
must provide that members receive notice of the opportunity to 353
vote through an online voting system; establish reasonable 354
procedures and deadlines for members to consent, electronically 355
or in writing to online voting; and establish reasonable 356
procedures and deadlines for members to opt out of online voting 357
after giving consent. Written notice of a meeting at which the 358
resolution regarding online voting will be considered must be 359
given to each member in accordance with the notice requirements 360
for member meetings under s. 425.09. 361
(4) A member's consent to online voting is valid until the 362
member opts out of online voting pursuant to the procedures 363
established by the board of trustees under subsection (3). 364
(5) This section may apply to any matter that requires a 365
vote of the members. 366
(6) If at least 25 percent of the members of a cooperative 367
petition the board of trustees to adopt a resolution for 368
electronic voting for the next scheduled election, the board of 369
trustees must hold a meeting within 21 days after receipt of the 370
petition to adopt such resolution. The board of trustees must 371
receive the petition within 180 days after the date of the last 372
scheduled annual meeting. 373
Section 6. This act shall take effect July 1, 2026. 374