Miami-Dade panel adopts ordinance to require transparency, agreements from municipal utilities serving areas outside city limits

Miami-Dade County's Infrastructure Innovations and Technology Committee voted 4-1 to adopt an ordinance (1G1) that requires municipal utilities operating outside their city limits to meet minimum standards, provide written agreements with jurisdictions they serve and disclose how surcharges are used.

The ordinance, which the committee said implements existing Florida statutory requirements, passed after public hearings in which elected officials from North Miami Beach and Miami Gardens, legal counsel and county staff debated whether the county had authority and whether the measure would affect utility finances.

Supporters, including Sonia Dickens, city attorney for Miami Gardens, told the committee the county has authority under the county charter to require fairness and parity for customers across municipalities. "What this ordinance proposes to do is what exactly your authority allows you to do," Dickens said. Miami Gardens Vice Mayor Robert Stevens said the measure provides "accountability" and is needed to protect residents who receive service from utilities outside their municipal boundaries.

Opponents from North Miami Beach said the ordinance unfairly targets their municipal utility. Mayor Michael Joseph said the proposal "unfairly target[s] N and B Water" and risked duplicating oversight already performed by state and federal agencies. Kendall Coffey, an attorney and registered lobbyist representing North Miami Beach interests, cautioned the county to avoid actions that would conflict with Florida law, saying section 180.191 "has established that this rate is perfectly authorized" and that challenges to the 25% surcharge could be legally fraught.

Committee members pressed for specifics on how the ordinance would be enforced and how compliance reviews would be carried out. Roy (last name not provided), director of the county's water and sewer department, described a compliance process: "We have a compliance team at the water and sewer department that would be charged with reviewing these submissions. If somebody doesn't comply, we report back to the commission." The committee also said civil penalties are available under the ordinance for noncompliance.

Commission auditor staff flagged the financial scale of the surcharge for North Miami Beach. Yinka Majakoto, Office of the Commission Auditor, cited the city of North Miami Beach's 2023 audited financial statements and said the county's review found the 25% surcharge produced about $9.9 million in the referenced year. Commissioners used that figure in the debate over whether the ordinance's penalties were proportionate.

Chairman Alberto Gilbert (role given in transcript) framed the ordinance as a transparency and accountability measure rather than a prohibition on surcharges. "The surcharge is something completely separate that they can and they have been taking into their general fund," Gilbert said, adding the ordinance aims to ensure that charges used for municipal general-fund purposes are clearly disclosed to the county and affected residents. The chair said municipalities that demonstrate the surcharge is kept within their utility (a proprietary approach) would have a lighter compliance requirement.

After discussion the committee approved the ordinance 4-1. Commissioner Steinberg voted no; other members voted in favor. The commission directed staff to implement a compliance review process through the water and sewer department and to return information on outstanding interlocal agreements as requested by committee members.

Votes at a glance - Item 1G1 — Ordinance establishing minimum standards and enforcement authority for municipal utilities operating outside their boundaries: Passed 4-1. (Recorded opposition: Commissioner Steinberg.)

What remains The ordinance requires municipalities that levy the 25% surcharge or otherwise provide service beyond their boundaries to submit relevant agreements and disclosures. Committee members asked county staff to track submissions and report noncompliance back to the commission; specific enforcement steps, timelines for remediation and any future amendments will be developed by staff and can be revisited by the commission.