CopyCited 20 times | Published | Supreme Court of Florida | 1973 Fla. LEXIS 5256, 1973 WL 297106
...Under Chapter 367, as it was applicable at the time Keystone became subject to the jurisdiction of the Commission, the law required the Commission to: [I]nvestigate and determine the fair value of the utility's property used and useful in the public service... . [1] The Commission's Order quotes Section 367.011(4), Florida Statutes, 1971, F.S.A., [2] and concludes that the 1971 law which went into effect September 1, 1971, had retrospective operation and affects all cases upon which the Commission ruled after September 1, 1971, regardless of when the Petition was filed or the case heard....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2341, 1985 Fla. App. LEXIS 16231, 1985 WL 1083675
...We conclude upon the present record that the power and authority of the PSC are preemptive. It is plain beyond any doubt that in formulating Chapter 367, the Legislature desired exclusive jurisdiction to rest with the PSC to regulate utilities such as the HPSC and to fix charges for service availability. §§
367.011(2) and
367.101, Fla....
...Any reasonable doubt as to the lawful existence of a particular power sought to be or that is being exercised by the PSC must be resolved against the exercise thereof. City of Cape Coral v. GAC Utilities, Inc.,
281 So.2d 493, 494 (Fla. 1973). There is no doubt that section
367.011(2), Florida Statutes (1981), grants the PSC exclusive jurisdiction over utilities with respect to authority, service, and rates....
...The jurisdiction to hear and award a money judgment in this cause remains with the circuit court. The main thrust of HTD's appeal is that it should not have to pay the damages sought by HPSC because the charges were not given prior approval by the PSC pursuant to sections
367.011(2) and
367.101(1)....
CopyCited 11 times | Published | Florida 1st District Court of Appeal | 1995 WL 214970
...The question of the PSC's jurisdiction was addressed at an Agenda Conference. The PSC staff and the commissioners recognized that the PSC never before had exercised jurisdiction in these precise circumstances. After a deferral for further study, the PSC staff recommended that jurisdiction be implied, based on section 367.011(2), Florida Statutes, because the alleged overcharges occurred during the period of the PSC's exclusive jurisdiction to resolve customer complaints over tariffed charges....
...parable injury' for these purposes." Lozano,
616 So.2d at 75. See also Continental Equities, Inc. v. Jacksonville Transportation Authority,
558 So.2d 154 (Fla. 1st DCA 1990). The PSC authority to regulate water and wastewater systems is set forth in section
367.011(2), which provides: (2) The Florida Public Service Commission shall have exclusive jurisdiction over each utility with respect to its authority, service and rates....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1985 WL 1083676
...ge conferring authority on the Commission to control a regulated utility's levels of CIAC as a means of determining a fair rate. This premise would be stronger if the water utilities before us were not subject to the police powers of the state. *245 Section 367.011(3), Florida Statutes, explicitly states: The regulation of [water and sewer] utilities is declared to be in the public interest, and this law is an exercise of the police power of the state for the protection of the public health, safety, and welfare....
CopyCited 4 times | Published | Florida 2nd District Court of Appeal | 2001 WL 10391
...es' conservation efforts, including its rate structure, is appropriate in determining water allocations and applying the reasonable-beneficial use and public interest elements of the three-prong test of section
373.223(1)." Pinellas then argues that section
367.011(2) grants the Florida Public Service Commission (PSC) exclusive jurisdiction over water rates....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 3766, 1991 WL 61812
...the public the city had no legal right to prevent a private company certified to provide services to an area within the city's territorial limits, from serving the public where the private company had the present capability to provide services. [2] Section 367.011(2), Florida Statutes, provides: The Florida Public Service Commission shall have exclusive jurisdiction over each utility with respect to its authority, service and rates....
CopyCited 3 times | Published | Supreme Court of Florida
...initions of a utility in Section
367.021, Florida Statutes (1975), and are not exempt under Section
367.022, Florida Statutes (1975). The Commission reasoned as follows: "Chapter 367, Florida Statutes, is the `Water and Sewer System Regulatory Law' (Section
367.011(1), F.S.)....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...In this case, the Commission asserts that it is Commission policy to determine competing applications, not with reference to which applicant filed first, but on the basis of which utility is better qualified to provide service, and the Commission's statutory duty to determine issues in accordance with the "public interest." § 367.011, Fla....
CopyCited 1 times | Published | Florida 5th District Court of Appeal | 1996 Fla. App. LEXIS 1007, 1996 WL 50082
...With respect to agreements between utilities and customers or other parties, contract disputes are matters which must be settled by the Circuit Court. The Commission has exclusive jurisdiction over utilities with regard to service, authority, and rates pursuant to Section 367.011, Florida Statutes.......
...THE LAW The resolution of this issue requires consideration of the interplay of two chapters within the Florida Statutes. Chapter 367 was enacted to regulate utilities and chapter 723, termed the Florida Mobile Home Act, was enacted to regulate mobile home lot tenancies. Subsection
367.011(2), Florida Statutes (1993) grants the PSC "exclusive jurisdiction over each utility with respect to its authority, service, and rates," while section
723.0381 provides that disputes arising under the Florida Mobile Home Act may be filed in circuit court....
...e several key differences. In Lindahl, the sole issue on appeal was whether the trial court had subject matter jurisdiction to enjoin Shady Oaks from charging or attempting to collect the PSC imposed rates. It clearly does not under chapter 367. See § 367.011(2), Fla.Stat....
...With respect to agreements between utilities and customers or other parties, contract disputes are matters which must be settled by the Circuit Court. The Commission has exclusive jurisdiction over utilities with regard to service, authority, and rates pursuant to Section 367.011, Florida Statutes.......
CopyPublished | Florida 1st District Court of Appeal
consolidated system of utilities; although section 367.11(2) uses only the phrase “a utility” and thereby
CopyPublished | Supreme Court of Florida | 1981 Fla. LEXIS 2731
...Part of this law provided that The Florida Public Service Commission shall have exclusive jurisdiction over each utility with respect to its authority, service rates, and issuance and sale of its securities maturing more than 12 months after date of issue, except as provided in this chapter. § 367.011(2), Fla.Stat....
CopyPublished | Supreme Court of Florida | 1971 Fla. LEXIS 3168
...eded by a new, complete rewrite of the Water and Sewer System Regulatory Law in 1971 (Ch. 71-278 effective September 1, 1971). It particularly provided: “This chapter shall supersede all other laws on the same subject” [emphasis ours], Fla.Stat. § 367.011(4) (1971), F.S.A....
...Volusia was not one of the 50 counties listed, so that no resolution of the Board of County Commissioners of Volusia County was required before coverage of the Act was extended to Volusia County by the terms of the Revised Act’s provisions. 2 This intention is reinforced by the language of §§ 367.011(2) and (3) : (2) The Florida public service commission shall have exclusive jurisdiction over each water/sewer utility with respect to its authority, service, rates and issuance and sale of its securities maturing more than twelve months after date of issue, except as provided in this chapter....
CopyPublished | Florida 2nd District Court of Appeal
...Further, the termination of utility services would cause a
material injury to the Petitioners that cannot be remedied on appeal of a final judgment.
-5-
III. Jurisdiction of the Florida Public Service Commission
Section 367.011(2), Florida Statutes (2014), states that "[t]he Florida
Public Service Commission shall have exclusive jurisdiction over each utility with
respect to its authority, service, and rates." "Utility" is defined as "a water or wastewater
utility and, except as provided in s....
...ility
services which dispute is within the exclusive jurisdiction of the PSC.").
The circuit court's ruling that the Respondents have a constitutional right
to terminate water and sewer service to the Petitioners is in conflict with section
367.011(2), which gives the PSC exclusive jurisdiction over each utility with respect to
the services provided by the utility....
...However, the Respondents have been providing
utility service to the Petitioners' homes for decades. As such, the Respondents are a
provider of utility service pursuant to section
367.021(12), and the PSC has "exclusive
jurisdiction" over them "with respect to [the Respondents'] authority, service, and rates."
See §
367.011(2)....
