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Florida Statute 367.171 | Lawyer Caselaw & Research
F.S. 367.171 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 367
WATER AND WASTEWATER SYSTEMS
View Entire Chapter
F.S. 367.171
367.171 Effectiveness of this chapter.
(1) The provisions of this chapter shall become effective in a county of this state upon the adoption of a resolution by the board of county commissioners of such county, or, in counties operating under a countywide charter, by the appropriate board, declaring that such county is subject to the provisions of this chapter. Any board of county commissioners which adopts such a resolution shall immediately notify the commission of its adoption and submit the resolution to the commission. A county, after 10 continuous years under the jurisdiction of the commission, may by resolution or ordinance rescind any prior resolution or ordinance imposing commission jurisdiction and thereby exclude itself from the provisions of this chapter, except that the county may not exclude itself from the provisions of this section.
(2)(a) Within 30 days after this chapter becomes applicable to a county, each utility shall register by filing with the commission a written statement setting forth the full legal name of the utility, its mailing address, and a brief description of its service area.
(b) On the day this chapter becomes applicable to any county, any utility engaged in the operation or construction of a system shall be entitled to receive a certificate for the area served by such utility on the day this chapter becomes applicable to it. Within 90 days after the day this chapter becomes applicable to it, the utility shall make application for a certificate by filing with the commission:
1. A map of its existing system or system under construction;
2. A description of the area served by the system; and
3. A tariff listing all rates and charges and such other financial information as may be required by the commission.

Such application shall be accompanied by a fee as provided by s. 367.145. If a utility fails to register with the commission within the prescribed time, the commission may require that the utility apply for an original certificate of authorization in accordance with s. 367.045.

(c) Before the commission issues a certificate of authorization under paragraph (b), it may establish the amount of money prudently invested in property of the utility, which property is used and useful in the public service; may establish other elements of the rate base; and may set and approve rates pursuant to s. 367.081.
(3) In consideration of the variance of powers, duties, responsibilities, population, and size of municipalities of the several counties and in consideration of the fact that every county varies from every other county and thereby affects the functions, duties, and responsibilities required of its county officers and the scope of responsibilities which each county may, at this time, undertake, the Counties of Alachua, Baker, Bradford, Calhoun, Charlotte, Collier, Dixie, Escambia, Flagler, Gadsden, Gilchrist, Glades, Hamilton, Hardee, Hendry, Hernando, Hillsborough, Holmes, Indian River, Jefferson, Lafayette, Leon, Liberty, Madison, Manatee, Miami-Dade, Okaloosa, Okeechobee, Polk, St. Lucie, Santa Rosa, Sarasota, Suwannee, Taylor, Union, Wakulla, and Walton are excluded from the provisions of this chapter until such time as the board of county commissioners of any such county, acting pursuant to the provisions of subsection (1), makes this chapter applicable to such county or until the Legislature, by appropriate act, removes one or more of such counties from this exclusion.
(4) As of the day a utility is no longer regulated by the commission under this chapter, each such utility which is engaged in the operation or construction of a system shall be entitled to receive from the county in which it is located and operating a certificate of authorization for each area for which such utility held a certificate of authorization from the commission on the day the utility became subject to regulation by the county. The utility will make application by filing with the governing body of the county:
(a) A map of its existing system or system under construction;
(b) A certified copy of the certificate of authorization issued by the commission, including a legal description of the service area for which the certificate of authorization was issued;
(c) A tariff, listing all rates and charges then in effect, which shall remain in effect until thereafter lawfully changed;
(d) A copy of the operating regulations and procedures of the utility then in effect, which shall remain in effect until thereafter lawfully changed; and
(e) The then-current rate base of the utility, which shall then continue to be the rate base of the utility until thereafter lawfully changed.
(5) When a utility becomes subject to regulation by a county, all cases in which the utility is a party then pending before the commission, or in any court by appeal from any order of the commission, shall remain within the jurisdiction of the commission or court until disposed of in accordance with the law in effect on the day such case was filed by any party with the commission or initiated by the commission, whether or not the parties or the subject of any such case relates to a utility in a county wherein this chapter no longer applies.
(6) Any county in which utilities as herein defined were regulated by the commission on or after January 1, 1980, which subsequently cease to be so regulated, shall, within 90 days of the cessation of commission regulation, adopt and follow as minimum standards of regulation the provisions of s. 367.081, except for paragraph (4)(a), and s. 367.082, except that the word “commission” shall be read as “the governing body of such county” when the context implies or admits. The authorized rate of return shall be no less than the weighted cost of the capital of the utility, including debt and equity.
(7) Notwithstanding anything in this section to the contrary, the commission shall have exclusive jurisdiction over all utility systems whose service transverses county boundaries, whether the counties involved are jurisdictional or nonjurisdictional, except for utility systems that are subject to, and remain subject to, interlocal utility agreements in effect as of January 1, 1991, that create a single governmental authority to regulate the utility systems whose service transverses county boundaries, provided that no such interlocal agreement shall divest commission jurisdiction over such systems, any portion of which provides service within a county that is subject to commission jurisdiction under this section.
(8) Each county which is excluded from the provisions of this chapter shall regulate the rates of all utilities in that county which would otherwise be subject to regulation by the commission pursuant to s. 367.081(1), (2), (3), and (6). The county shall not regulate the rates or charges of any system or facility which would otherwise be exempt from commission regulation pursuant to s. 367.022(2). For this purpose the county or its agency shall proceed as though the county or agency is the commission.
History.s. 1, ch. 71-278; s. 1, ch. 73-193; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 22, 25, 26, ch. 80-99; ss. 2, 3, ch. 81-318; ss. 12, 15, ch. 82-25; s. 4, ch. 85-85; ss. 23, 26, 27, ch. 89-353; s. 6, ch. 90-166; s. 1, ch. 90-350; s. 4, ch. 91-429; s. 11, ch. 96-202; s. 1, ch. 97-24; s. 13, ch. 2000-350; s. 1, ch. 2001-145; s. 74, ch. 2008-4.

F.S. 367.171 on Google Scholar

F.S. 367.171 on Casetext

Amendments to 367.171


Arrestable Offenses / Crimes under Fla. Stat. 367.171
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 367.171.



Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . Section 367.171(7), Florida Statutes (1991), grants the PSC exclusive jurisdiction, with some exceptions . . . portion of which provides service within a county that is subject to commission jurisdiction under § 367.171 . . . . § 367.171(7), Fla. . . . The Sugarmill court appropriately looked to section 367.171(7) for this purpose. . . .

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)

. . . Section 367.171(7), Florida Statutes (1991), grants the PSC exclusive jurisdiction, with some exceptions . . .

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

. . . jurisdiction to regulate all of the facilities involved in this proceeding under the authority of section 367.171 . . . Under section 367.171(7), the PSC may exercise exclusive jurisdiction over utility facilities located . . . Fla. 1st DCA), review denied mem., 663 So.2d 631 (Fla.l995)(to satisfy the prerequisites of section 367.171 . . . Moreover, while the court held in Beard that the requisite showing under section 367.171(7) that two . . . (7), because they are not the “service” which is addressed in section 367.171(7). . . .

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

. . . Section 367.171(7), Florida Statutes (1991), grants the PSC exclusive jurisdiction, with some exceptions . . . utility system, which placed it within the ambit of the PSC’s jurisdiction as enunciated in section 367.171 . . .

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

. . . See § 367.171(1), Fla.Stat. (1985). . . . Pursuant to subsection 367.171(5), Florida Statutes (1989), the PSC retained jurisdiction over these . . . Under the County’s interpretation of subsection 367.171(7), facilities and land in one county must be . . . efficiency and cost savings of system-wide operations were consistent with the purpose of subsection 367.171 . . . Although the PSC asks us to apply a favorable presumption to its interpretation of subsection 367.171 . . .

FLORIDA PUBLIC SERVICE COMMISSION, v. FLORIDA CITIES WATER COMPANY, 446 So. 2d 1111 (Fla. Dist. Ct. App. 1984)

. . . Pursuant to section 367.171, Florida Statutes (1981), Florida Cities, upon application, became automatically . . .

COHEE v. CRESTRIDGE UTILITIES CORP., 324 So. 2d 155 (Fla. Dist. Ct. App. 1975)

. . . . § 367.171 (1973). . . . Fla.Stat. § 367.171 (1973) lends support to this view because it indicates that once a county commission . . .

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

. . . with this commission within thirty days, as required by the provisions of paragraph (a), subsection 367.171 . . . the operation of its water or sewer systems, pursuant to the provisions of paragraph (b), subsection 367.171 . . . and the same is hereby received and recognized as full compliance with the provisions of subsection 367.171 . . .

OSCEOLA SERVICE COMPANY v. H. BEVIS, 289 So. 2d 712 (Fla. 1974)

. . . within ten miles of the applied for territory, which has registered pursuant to the provisions of § 367.171 . . .

ALOHA UTILITIES, INC. a v. FLORIDA PUBLIC SERVICE COMMISSION,, 281 So. 2d 357 (Fla. 1973)

. . . review has been sought, reads, in pertinent part, as follows: “Pursuant to the provisions of Section 367.171 . . .

ORANGE CITY WATER COMPANY, a v. TOWN OF ORANGE CITY, a, 255 So. 2d 257 (Fla. 1971)

. . . . § 367.171 (2) (1971), F.S.A. lists SO counties that, due to variance in size, duties, etc., are excluded . . . Board of County Commissioners of each of the named counties, acting pursuant to the provisions of § 367.171 . . .