The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 367
WATER AND WASTEWATER SYSTEMS

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F.S. 367.021

367.021 Definitions.—As used in this chapter, the following words or terms shall have the meanings indicated:

(1) “Certificate of authorization” means a document issued by the commission authorizing a utility to provide service in a specific service area.

(2) “Commission” means the Florida Public Service Commission.

(3) “Contribution-in-aid-of-construction” means any amount or item of money, services, or property received by a utility, from any person or governmental authority, any portion of which is provided at no cost to the utility, which represents a donation or contribution to the capital of the utility, and which is used to offset the acquisition, improvement, or construction costs of the utility property, facilities, or equipment used to provide utility services.

(4) “Corporate undertaking” means the unqualified guarantee of a utility to pay a refund and pay interest connected therewith which may be ordered by the commission at such time as the obligation becomes fixed and final.

(5) “Domestic wastewater” means wastewater principally from dwellings, business buildings, institutions, and sanitary wastewater or sewage treatment plants.

(6) “Effluent reuse” means the use of wastewater after the treatment process, generally for reuse as irrigation water or for in-plant use.

(7) “Governmental authority” means a political subdivision, as defined by s. 1.01(8), a regional water supply authority created pursuant to s. 373.713, or a nonprofit corporation formed for the purpose of acting on behalf of a political subdivision with respect to a water or wastewater facility.

(8) “Industrial wastewater” means wastewater not otherwise defined as domestic wastewater, including runoff and leachate from areas that receive pollutants associated with industrial or commercial storage, handling, or processing.

(9) “Official date of filing” means the date upon which it has been determined, pursuant to s. 367.083, by the commission that the utility has filed with the clerk the minimum filing requirements as established by rule of the commission.

(10) “Service area” means the geographical area described in a certificate of authorization, which may be within or without the boundaries of an incorporated municipality and may include areas in more than one county.

(11) “System” means facilities and land used or useful in providing service and, upon a finding by the commission, may include a combination of functionally related facilities and land.

(12) “Utility” means a water or wastewater utility and, except as provided in s. 367.022, includes every person, lessee, trustee, or receiver owning, operating, managing, or controlling a system, or proposing construction of a system, who is providing, or proposes to provide, water or wastewater service to the public for compensation.

(13) “Wastewater” means the combination of the liquid and water-carried pollutants from a residence, commercial building, industrial plant, or institution, together with any groundwater, surface runoff, or leachate that may be present.

History.—s. 1, ch. 71-278; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 25, 26, ch. 80-99; ss. 2, 3, ch. 81-318; ss. 2, 26, 27, ch. 89-353; s. 4, ch. 91-429; s. 3, ch. 99-319; s. 9, ch. 2010-205.

F.S. 367.021 on Google Scholar

F.S. 367.021 on Casetext

Amendments to 367.021

Arrestable Offenses / Crimes under Fla. Stat. 367.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 367.021.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA PUBLIC SERVICE COMMISSION v. FLORIDA WATERWORKS ASSOCIATION, 731 So. 2d 836 (Fla. Dist. Ct. App. 1999)

. . . . § 367.021(3), Fla. Stat. (1997). . . .

SOUTHERN STATES UTILITIES, n k a v. FLORIDA PUBLIC SERVICE COMMISSION, 714 So. 2d 1046 (Fla. Dist. Ct. App. 1998)

. . . .” § 367.021(11), Fla. Stat. (1991) (emphasis added). Citrus County, 656 So.2d at 1309-1310. . . . finding by the commission, may include a combination of functionally related facilities and land. § 367.021 . . .

SUGARMILL WOODS CIVIC ASSOCIATION, INC. f k a v. SOUTHERN STATES UTILITIES HERNANDO COUNTY, v. SOUTHERN STATES UTILITIES, 687 So. 2d 1346 (Fla. Dist. Ct. App. 1997)

. . . .” § 367.021, Fla.Stat. (1991) ... . . .

HERNANDO COUNTY, v. FLORIDA PUBLIC SERVICE COMMISSION, 685 So. 2d 48 (Fla. Dist. Ct. App. 1996)

. . . A system is defined by section 367.021(11) as “facilities and land used or useful in providing service . . . utility services in a particular geographic area comparable to the “service area” defined in section 367.021 . . .

SOUTHWEST FLORIDA CAPITAL CORPORATION, v. FLORIDA PUBLIC SERVICE COMMISSION, 661 So. 2d 82 (Fla. Dist. Ct. App. 1995)

. . . “Contributions-in-aid-of-construction,” as defined in section 367.021(3), Florida Statutes, means: any . . .

CHARLOTTE COUNTY, v. GENERAL DEVELOPMENT UTILITIES, INC., 653 So. 2d 1081 (Fla. Dist. Ct. App. 1995)

. . . Subsection 367.021(12), defines “utility” in the following manner: (12) “Utility” means a water or waste-water . . .

CITRUS COUNTY, FLORIDA v. SOUTHERN STATES UTILITIES, INC., 656 So. 2d 1307 (Fla. Dist. Ct. App. 1995)

. . . .” § 367.021(11), Fla.Stat. (1991) (emphasis added). . . . s facilities must be physically connected to constitute a functionally related system under section 367.021 . . . Section 367.021(11) requires that the facilities and land used or useful in providing service to the . . . The systems are not functionally related as required by section 367.021(11), their relationship being . . .

BOARD OF COUNTY COMMISSIONERS OF ST. JOHNS COUNTY, St. v. M. BEARD, M. J., 601 So. 2d 590 (Fla. Dist. Ct. App. 1992)

. . . In its order, the PSC cited the definition of “system” in subsection 367.021(11): “ ‘System’ means facilities . . . subsection, the PSC properly focussed upon the statutory definition of “system” set out in subsection 367.021 . . .

CITY OF MOUNT DORA, v. JJ s MOBILE HOMES, INC., 579 So. 2d 219 (Fla. Dist. Ct. App. 1991)

. . . . § 367.021(10), Fla.Stat. (1989). . . .

INTERNATIONAL TELECHARGE, INC. v. McK. WILSON,, 573 So. 2d 816 (Fla. 1991)

. . . See § 367.021(4), Fla.Stat. (1989) (defining for purposes of water and wastewater systems). . . . .

FOREST HILLS UTILITIES, INC. a v. PASCO COUNTY, a, 536 So. 2d 1117 (Fla. Dist. Ct. App. 1988)

. . . Pasco County argues that there is no latent ambiguity because section 367.021, Florida Statutes (1987 . . .

PW VENTURES, INC. v. NICHOLS,, 533 So. 2d 281 (Fla. 1988)

. . . As explained in the PSC order: In parallel with Section 366.02(1), Section 367.021, Florida Statutes . . .

DEVON- AIRE VILLAS HOMEOWNERS ASSOCIATION, NO. INC. a v. AMERICABLE ASSOCIATES, LTD. a a, 490 So. 2d 60 (Fla. Dist. Ct. App. 1985)

. . . Section 367.021(3), Florida Statutes (1985), defines "utility” as an entity supplying “water or sewer . . .

In OAK HILL PARK UTILITY CO., 48 Fla. Supp. 203 (Fla. P.S.C. 1979)

. . . We find that the city of Jacksonville is a governmental agency as defined by Section 367.021(5), Florida . . .

FLETCHER PROPERTIES, INC. v. FLORIDA PUBLIC SERVICE COMMISSION,, 356 So. 2d 289 (Fla. 1978)

. . . acting as a money collector, it would appear that Bay-meadows is not a utility as defined at Section 367.021 . . . petitioner in providing water and sewer utility service are within the definitions of a utility in Section 367.021 . . . (Section 367.021(3)). . . . ., in providing water and sewer utility service, are within the definitions of a utility in Section 367.021 . . .

In GLENN T. BLAND WATER SYSTEM, 41 Fla. Supp. 197 (Fla. P.S.C. 1975)

. . . Docket No. 5818-WE providing in part — Each utility, as defined by the provisions of subsection (3), §367.021 . . .