367.011 Jurisdiction; legislative intent.— (1) This chapter may be cited as the “Water and Wastewater System Regulatory Law.” (2) The Florida Public Service Commission shall have exclusive jurisdiction over each utility with respect to its authority, service, and rates. (3) The regulation of utilities is declared to be in the public interest, and this law is an exercise of […]
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 […]
367.022 Exemptions.—The following are not subject to regulation by the commission as a utility nor are they subject to the provisions of this chapter, except as expressly provided: (1) The sale, distribution, or furnishing of bottled water. (2) Systems owned, operated, managed, or controlled by governmental authorities, including water or wastewater facilities operated by private firms under water […]
367.031 Original certificate.—Each utility subject to the jurisdiction of the commission must obtain from the commission a certificate of authorization to provide water or wastewater service. A utility must obtain a certificate of authorization from the commission prior to being issued a permit by the Department of Environmental Protection for the construction of a new water […]
367.045 Certificate of authorization; application and amendment procedures.— (1) When a utility applies for an initial certificate of authorization from the commission, it shall: (a) Provide notice of the actual application filed by mail or personal delivery to the governing body of the county or city affected, to the Public Counsel, to the commission, and to such other […]
367.071 Sale, assignment, or transfer of certificate of authorization, facilities, or control.— (1) No utility shall sell, assign, or transfer its certificate of authorization, facilities or any portion thereof, or majority organizational control without determination and approval of the commission that the proposed sale, assignment, or transfer is in the public interest and that the buyer, assignee, […]
367.072 Petition to revoke certificate of authorization.—The Legislature finds that it is in the public interest that water service be of good quality and consistent with the standards set forth in this chapter. Therefore, a utility’s certificate of authorization to provide water service may be revoked if, after its customers file a petition with the commission, […]
367.081 Rates; procedure for fixing and changing.— (1) Except as provided in subsection (4) or subsection (6), a utility may only charge rates and charges that have been approved by the commission. (2)(a)1. The commission shall, either upon request or upon its own motion, fix rates which are just, reasonable, compensatory, and not unfairly discriminatory. In every such […]
367.0812 Rate fixing; quality of water service as criterion.— (1) In fixing rates that are just, reasonable, compensatory, and not unfairly discriminatory, the commission shall consider the extent to which the utility provides water service that meets secondary water quality standards as established by the Department of Environmental Protection. In determining whether a utility has satisfied its […]
367.0813 Gain or loss on purchase or condemnation by governmental authority.—In order to provide appropriate incentives to encourage the private sector to participate in the investment in water and wastewater infrastructure, to protect private sector property rights of a utility’s shareholders, and to avoid an additional burden of costs placed on ratepayers by relitigating this issue, […]
367.0814 Staff assistance in changing rates and charges; interim rates.— (1) The commission may establish rules by which a water or wastewater utility whose gross annual revenues are $250,000 or less may request and obtain staff assistance for the purpose of changing its rates and charges. A utility may request staff assistance by filing an application with […]
367.0817 Reuse projects.— (1) A utility may submit a reuse project plan for commission approval. A reuse project plan shall include: (a) A description of the project and other effluent disposal options considered by the utility. (b) Copies of the pertinent Department of Environmental Protection and water management district permit applications filed or, in lieu thereof, a statement of […]
367.082 Interim rates; procedure.— (1) The commission may, during any proceeding for a change of rates, upon its own motion, upon petition from any party, or by a tariff filing of a utility or a regulated company, authorize the collection of interim rates until the effective date of the final order. Such interim rates may be based […]
367.0822 Limited proceedings.— (1) Upon petition or by its own motion, the commission may conduct limited proceedings to consider, and act upon, any matter within its jurisdiction, including any matter the resolution of which requires a utility to adjust its rates. The commission shall determine the issues to be considered during such a proceeding and may grant […]
367.083 Determination of official date of filing.—Within 30 days after receipt of an application, rate request, or other written document for which an official date of filing is to be established, the commission or its designee shall either determine the official date of filing or issue a statement of deficiencies to the applicant, specifically listing why […]
367.084 Rate adjustment orders.—Any order issued by the commission adjusting general increases or reductions of the rates and charges of any utility or regulated company must be reduced to writing including any dissenting or concurring opinions within 20 days after the official vote of the commission. Within such 20-day period, the commission shall also mail a […]
367.091 Rates, tariffs; new class of service.— (1) All applications for new rates or changes in rates must be made to the commission in writing as prescribed by rule. (2) Upon filing an application for new rates, the utility shall mail a copy of the application to the chief executive officer of the governing body of each county […]
367.101 Charges for service availability.— (1) The commission shall set just and reasonable charges and conditions for service availability. The commission by rule may set standards for and levels of service-availability charges and service-availability conditions. Such charges and conditions shall be just and reasonable. The commission shall, upon request or upon its own motion, investigate agreements or […]
367.111 Service.— (1) Each utility shall provide service to the area described in its certificate of authorization within a reasonable time. If the commission finds that any utility has failed to provide service to any person reasonably entitled thereto, or finds that extension of service to any such person could be accomplished only at an unreasonable cost […]
367.121 Powers of commission.— (1) In the exercise of its jurisdiction, the commission shall have power: (a) To prescribe fair and reasonable rates and charges, classifications, standards of quality and measurements, and to prescribe service rules to be observed by each utility, except to the extent such authority is expressly given to another state agency. (b) To prescribe, by […]
