Florida Statute 367.11 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 367
WATER AND WASTEWATER SYSTEMS

View Entire Chapter

F.S. 367.011

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.

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Amendments to 367.011

Annotations, Discussions, Cases:

Cases Citing Statute 367.011

Total Results: 14

Keystone Water Company, Inc. v. Bevis

278 So. 2d 606, 1973 Fla. LEXIS 5256, 1973 WL 297106

Supreme Court of Florida | Filed: May 9, 1973 | Docket: 1356325

Cited 20 times | Published

service... .[1] The Commission's Order quotes Section 367.011(4), Florida Statutes, 1971, F.S.A.,[2] and

Charlotte Cty. v. Gen. Develop. Utilities

653 So. 2d 1081, 1995 WL 214970

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 552023

Cited 11 times | Published

recommended that jurisdiction be implied, based on section 367.011(2), Florida Statutes, because the alleged overcharges

Hill Top Developers v. HOLIDAY PINES SERVICE

478 So. 2d 368, 10 Fla. L. Weekly 2341, 1985 Fla. App. LEXIS 16231, 1985 WL 1083675

District Court of Appeal of Florida | Filed: Oct 11, 1985 | Docket: 1484392

Cited 11 times | Published

493, 494 (Fla. 1973). There is no doubt that section 367.011(2), Florida Statutes (1981), grants the PSC

Florida Waterworks v. FLORIDA PUB. SER. COM'N

473 So. 2d 237, 1985 WL 1083676

District Court of Appeal of Florida | Filed: Jul 15, 1985 | Docket: 451580

Cited 10 times | Published

subject to the police powers of the state. *245 Section 367.011(3), Florida Statutes, explicitly states: The

Southwest Florida Water Management Dist. v. Charlotte Cty.

774 So. 2d 903, 2001 WL 10391

District Court of Appeal of Florida | Filed: Jan 5, 2001 | Docket: 1330773

Cited 4 times | Published

section 373.223(1)." Pinellas then argues that section 367.011(2) grants the Florida Public Service Commission

City of Mount Dora v. JJ's Mobile Homes, Inc.

579 So. 2d 219, 1991 Fla. App. LEXIS 3766, 1991 WL 61812

District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 1728842

Cited 4 times | Published

present capability to provide services. [2] Section 367.011(2), Florida Statutes, provides: The Florida

Fletcher Properties, Inc. v. FLA. PUB. SERVICE COM'N

356 So. 2d 289

Supreme Court of Florida | Filed: Feb 23, 1978 | Docket: 412002

Cited 3 times | Published

the `Water and Sewer System Regulatory Law' (Section 367.011(1), F.S.). A `utility' thereunder, `means water

Sandpiper Homeowners Ass'n v. Lake Yale

667 So. 2d 921, 1996 Fla. App. LEXIS 1007, 1996 WL 50082

District Court of Appeal of Florida | Filed: Feb 9, 1996 | Docket: 2560791

Cited 1 times | Published

service, authority, and rates pursuant to Section 367.011, Florida Statutes.... (emphasis supplied).

St. Johns North Utility Corp. v. PSC

549 So. 2d 1066

District Court of Appeal of Florida | Filed: Sep 13, 1989 | Docket: 1373902

Cited 1 times | Published

issues in accordance with the "public interest." § 367.011, Fla. Stat. (1985). Nevertheless, in Order No

NELSON P. SCHWOB v. JAMES C. GOSS

District Court of Appeal of Florida | Filed: Aug 7, 2019 | Docket: 16025075

Published

Florida Public Service Commission Section 367.011(2), Florida Statutes (2014), states that "[t]he

The Citizens of the State of Florida, through the Florida Office of Public Counsel v. Florida Public Service Commission Utilities, Inc. of Florida Summertree Water Alliance Anne Marie Ryan and Seminole County, Florida

District Court of Appeal of Florida | Filed: Mar 13, 2019 | Docket: 14693120

Published

consolidated system of utilities; although section 367.11(2) uses only the phrase “a utility” and thereby

Loxahatchee River Environmental Control District v. Mann

403 So. 2d 363, 1981 Fla. LEXIS 2731

Supreme Court of Florida | Filed: Jun 18, 1981 | Docket: 64584968

Published

of issue, except as provided in this chapter. § 367.011(2), Fla.Stat. (1979). That same year the legislature

Cohee v. Crestridge Utilities Corp.

324 So. 2d 155, 1975 Fla. App. LEXIS 19035, 1975 WL 343324

District Court of Appeal of Florida | Filed: Dec 23, 1975 | Docket: 64551442

Published

support of their position they point to Fla.Stat. § 367.011(4) (1973) which provides that Chapter 367 (the

Orange City Water Co. v. Town of Orange City

255 So. 2d 257, 1971 Fla. LEXIS 3168

Supreme Court of Florida | Filed: Dec 1, 1971 | Docket: 64523310

Published

the same subject” [emphasis ours], Fla.Stat. § 367.011(4) (1971), F.S.A. The underlined portion of the