Florida Statutes
Fla. Stat. § 367.011 (2025)
Jurisdiction; legislative intent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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 the police power of the state for the protection of the public health, safety, and welfare. The provisions of this chapter shall be liberally construed for the accomplishment of this purpose.
(4) This chapter shall supersede all other laws on the same subject, and subsequent inconsistent laws shall supersede this chapter only to the extent that they do so by express reference. This chapter shall not impair or take away vested rights other than procedural rights or benefits.
History.—s. 1, ch. 71-278; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 25, 26, ch. 80-99; ss. 2, 3, ch. 81-318; ss. 6, 15, ch. 82-25; ss. 1, 26, 27, ch. 89-353; s. 4, ch. 91-429.
Notes of Decisions
Cited in 15
cases, 1971–2019 · leading case: Charlotte Cty. v. Gen. Develop. Utils., 653 So. 2d 1081 (Fla. 1st DCA 1995).
Charlotte Cty. v. Gen. Develop. Utils., 653 So. 2d 1081 (Fla. 1st DCA 1995). “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…”
Hill Top Developers v. HOLIDAY PINES Serv., 478 So. 2d 368 (Fla. 2d DCA 1985). “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.”
Florida Waterworks v. FLORIDA PUB. SER. COM'N, 473 So. 2d 237 (Fla. 1st DCA 1985). “*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.”
Sandpiper Homeowners Ass'n v. Lake Yale, 667 So. 2d 921 (Fla. 5th DCA 1996). “The Commission has exclusive jurisdiction over utilities with regard to service, authority, and rates pursuant to Section 367.011, Florida Statutes.... (emphasis supplied).”
Keystone Water Co., Inc. v. Bevis, 278 So. 2d 606 (Fla. 1973). “[1] The Commission's Order quotes Section 367.011(4), Florida Statutes, 1971, F.”
City of Mount Dora v. JJ's Mobile Homes, Inc., 579 So. 2d 219 (Fla. 5th DCA 1991). “[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.”
Loxahatchee River Env't Control Dist. v. Mann, 403 So. 2d 363 (Fla. 1981). “§ 367.011(2), Fla.Stat. (1979). That same year the legislature created ENCON for the purpose of meeting the entire Loxahatchee River basin’s water and sewer needs at the lowest possible cost and with the least possible environmental damage.”
Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001). “" Pinellas then argues that section 367.011(2) grants the Florida Public Service Commission (PSC) exclusive jurisdiction over water rates.”
Orange City Water Co. v. Town of Orange City, 255 So. 2d 257 (Fla. 1971). “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…”
Fletcher Props., Inc. v. FLA. PUB. Serv. COM'N, 356 So. 2d 289 (Fla. 1978). “The Commission reasoned as follows: "Chapter 367, Florida Statutes, is the `Water and Sewer System Regulatory Law' (Section 367.011(1), F.S.). A `utility' thereunder, `means water or sewer utility and, except as provided in Section 367.”
Cohee v. Crestridge Utils. Corp., 324 So. 2d 155 (Fla. 2d DCA 1975). “On the other hand, the plaintiffs contend that the courts rather than the Public Service Commission have jurisdiction since the plaintiffs’ claims are for breach of contract.”
St. Johns North Util. Corp. v. PSC, 549 So. 2d 1066 (Fla. 1st DCA 1989). “" § 367.011, Fla. Stat. (1985). Nevertheless, in Order No.”
— 367.011(1) — 1 case
Fletcher Props., Inc. v. FLA. PUB. Serv. COM'N, 356 So. 2d 289 (Fla. 1978). “The Commission reasoned as follows: "Chapter 367, Florida Statutes, is the `Water and Sewer System Regulatory Law' (Section 367.011(1), F.S.). A `utility' thereunder, `means water or sewer utility and, except as provided in Section 367.”
— 367.011(2) — 9 cases
Charlotte Cty. v. Gen. Develop. Utils., 653 So. 2d 1081 (Fla. 1st DCA 1995). “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…”
Hill Top Developers v. HOLIDAY PINES Serv., 478 So. 2d 368 (Fla. 2d DCA 1985). “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.”
City of Mount Dora v. JJ's Mobile Homes, Inc., 579 So. 2d 219 (Fla. 5th DCA 1991). “[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.”
Loxahatchee River Env't Control Dist. v. Mann, 403 So. 2d 363 (Fla. 1981). “§ 367.011(2), Fla.Stat. (1979). That same year the legislature created ENCON for the purpose of meeting the entire Loxahatchee River basin’s water and sewer needs at the lowest possible cost and with the least possible environmental damage.”
Sw. Florida Water Mgmt. Dist. v. Charlotte Cty., 774 So. 2d 903 (Fla. 2d DCA 2001). “" Pinellas then argues that section 367.011(2) grants the Florida Public Service Commission (PSC) exclusive jurisdiction over water rates.”
— 367.011(3) — 2 cases
Florida Waterworks v. FLORIDA PUB. SER. COM'N, 473 So. 2d 237 (Fla. 1st DCA 1985). “*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.”
In re Pine Island Utils. Corp., 39 Fla. Supp. 116 (Fla. Pub. Serv. Comm'n 1973).
— 367.011(4) — 3 cases
Keystone Water Co., Inc. v. Bevis, 278 So. 2d 606 (Fla. 1973). “[1] The Commission's Order quotes Section 367.011(4), Florida Statutes, 1971, F.”
Cohee v. Crestridge Utils. Corp., 324 So. 2d 155 (Fla. 2d DCA 1975). “On the other hand, the plaintiffs contend that the courts rather than the Public Service Commission have jurisdiction since the plaintiffs’ claims are for breach of contract.”
Orange City Water Co. v. Town of Orange City, 255 So. 2d 257 (Fla. 1971). “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…”
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