FLORIDA STATE STATUTES - Charlotte County, Florida

1 FLORIDA STATE STATUTES FSS Prohibited Practices A landlord of any dwelling unit governed by this part shall not cause, directly or indirectly, the termination or interruption of any utility service furnished the tenant, including, but not limited to water, heat, light, electricity, gas, elevator, garbage collection, or refrigeration, whether or not the utility service is under the control of, or payment is made by the landlord . FSS Service Fee for dishonored check The governing body of a county may adopt a service fee not to exceed the service fees authorized under (5) or 5 percent of the face amount of the check, draft, or order, whichever is greater, for the collection of a dishonored check, draft, or other order for the payment of money to a county official or agency. The service fee shall be in addition to all other penalties imposed by law. FLORIDA STATE Statute Giving worthless checks, drafts, and debit card orders; penalty, duty of drawee, evidence, costs, complaint form Makes it unlawful for any person, firm or corporation to draw, make, utter, issue or deliver to another any check, draft or written order on any bank or depositor, or to use a debit card etc.

2 Knowing at the time of the drawing .. that the maker or drawer thereof has not sufficient funds on deposit in or credit with such bank or depository, unless the payee has been expressly notified prior to the drawing that the drawer did not have sufficient funds. Violation of the provisions of this subsection constitutes a misdemeanor of the first degree. FSS Water service charges and sewer service charges Provides that the County Commissioners can set the 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. FSS Unpaid fees to constitute a lien In the event that the fees, rates, or charges for the services and facilities of any water or sewer system shall not be paid as and when due, any unpaid balance thereof and all interest accruing thereon shall be a lien on any parcel or property of any owner. FSS Free water and sewer services prohibited The same rates, fees, and charges shall be fixed and collected from any County.

3 Using the services and facilities of the water system. No free water or sewer services shall be rendered by the district and no discrimination shall exist in the fees, rates, and charges for users in the same class. FSS Water or sewer utilities notice Before a local government water or sewer utility increases any rate, charge, or fee for water or sewer utility service, the utility shall provide notice of the proposed increase to each customer of the utility through the utility billing process. FSS Water Conservation The Legislature encourages the use of efficient, effect and affordable water conservation measures. The Legislature emphasizes goal-based, accountable, tailored, and measurable water conservation programs for public water supply. FSS Trespass and larceny It is unlawful to willfully alter, tamper with, injure, or knowingly suffer to be injured any meter, meter seal, pipe, conduit, wire, line, cable, transformer, amplifier or any other apparatus or device belonging to a utility line service.

4 It is unlawful to receive the direct benefit from the use of a utility knowing, or under such circumstances as would induce a reasonable person to believe, that such direct benefits have resulted from any tampering with, altering of, or injury to any connection .. Backbilling Public Service Council A utility may not backbill customers for any period greater than 12 months for any undercharge in billing which is the result of the utility s mistake. The utility shall allow the customer to pay for the unbilled services over the same time period as the time period during which the under billing occurred. Uniform Water and Sewer Tariff The district may backbill in the event that a meter is found to be slow, non-registering or partially registering. The District may not backbill for any period greater than twelve (12) months from the date it notifies a customer that the meter is slow, not registering or partially registering. Charlotte COUNTY RESOLUTIONS #2006-170 Rate Resolution Puts into effect a schedule fixing water, sewer, and reuse utility rates, fees and charges for customers within the Charlotte County Water and Sewer District.

5 #2007-173 Amends the rate resolution #2006-170 to increase low pressure sewer installation residential fee and add unauthorized use charges #2007-179 Credit and Collection Policy Adopts a Charlotte County Credit and Collection Policy which addresses the policies and procedures for the billing and collection of service fees and established owner responsibility policy. Uniform Water and Sewer Tariff Effective May 9, 1991 Addresses the rules and regulations governing Charlotte County Utility operations including: Policy dispute General information Application for services withholding services Extension of service/facilities Limitation of use Delinquent bills etc Customer deposits Adjustment of bills Meters Water through the meter Meter accuracy And many more #2007-075 Water Shortage Ordinance Ties Charlotte County Watering Restrictions to those of Southwest FLORIDA Water Management District Provides for enforcement of restrictions by CCU Provides for penalties, via the rate resolution, to be collected by CCU when violations are identified.

6 #2007-022 Adopts a Uniform Extension Policy Sets forth the service and financial relationship between CCU and property owners, builders, and/or developers seeking to obtain potable water, reclaimed water or wastewater services #95- 045 Code of Laws and ordinances for the regulation of CCU s wastewater collection and treatment facilities Establishes direction to provide the public health and welfare and to maintain the efficient, economic, and safe operation of Charlotte County Utilities by regulating the quality and quantity of wastes discharged into CCU's wastewater facilities #95- 044 Code of Laws and ordinances for the regulation of CCU s water treatment and distribution facilities Establishes direction to provide the public health and welfare and to maintain the efficient, economic, and safe operation of Charlotte County Utilities by regulating the quality and quantity of water provided to CCU customers Website A copy of these laws and ordinances can be obtained on the p drive at: p/all_ccu/business services-bulletin board/law & ordinances