Florida Statutes

Fla. Stat. § 367.021 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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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 by a utility, from any person or governmental authority, any portion of which is provided at no cost to the utility, which represents a donation or contribution to the capital of the utility, and which is used to offset the acquisition, improvement, or construction costs of the utility property, facilities, or equipment used to provide utility services.

(4) “Corporate undertaking” means the unqualified guarantee of a utility to pay a refund and pay interest connected therewith which may be ordered by the commission at such time as the obligation becomes fixed and final.

(5) “Domestic wastewater” means wastewater principally from dwellings, business buildings, institutions, and sanitary wastewater or sewage treatment plants.

(6) “Effluent reuse” means the use of wastewater after the treatment process, generally for reuse as irrigation water or for in-plant use.

(7) “Governmental authority” means a political subdivision, as defined by s. 1.01(8), a regional water supply authority created pursuant to s. 373.713, or a nonprofit corporation formed for the purpose of acting on behalf of a political subdivision with respect to a water or wastewater facility.

(8) “Industrial wastewater” means wastewater not otherwise defined as domestic wastewater, including runoff and leachate from areas that receive pollutants associated with industrial or commercial storage, handling, or processing.

(9) “Official date of filing” means the date upon which it has been determined, pursuant to s. 367.083, by the commission that the utility has filed with the clerk the minimum filing requirements as established by rule of the commission.

(10) “Service area” means the geographical area described in a certificate of authorization, which may be within or without the boundaries of an incorporated municipality and may include areas in more than one county.

(11) “System” means facilities and land used or useful in providing service and, upon a finding by the commission, may include a combination of functionally related facilities and land.

(12) “Utility” means a water or wastewater utility and, except as provided in s. 367.022, includes every person, lessee, trustee, or receiver owning, operating, managing, or controlling a system, or proposing construction of a system, who is providing, or proposes to provide, water or wastewater service to the public for compensation.

(13) “Wastewater” means the combination of the liquid and water-carried pollutants from a residence, commercial building, industrial plant, or institution, together with any groundwater, surface runoff, or leachate that may be present.

History.—s. 1, ch. 71-278; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 25, 26, ch. 80-99; ss. 2, 3, ch. 81-318; ss. 2, 26, 27, ch. 89-353; s. 4, ch. 91-429; s. 3, ch. 99-319; s. 9, ch. 2010-205.

Notes of Decisions

Cited in 18 cases, 1975–2019 · leading case: PW Ventures, Inc. v. Nichols, 533 So. 2d 281 (Fla. 1988).

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PW Ventures, Inc. v. Nichols, 533 So. 2d 281 (Fla. 1988). · cites it 2× “02(1), Section 367.021, Florida Statutes (1985), defines a water or sewer utility as every person "providing, or who proposes to provide, water or sewer service to the public for compensation.”

CITRUS CTY. v. S. States Utils., 656 So. 2d 1307 (Fla. 1st DCA 1995). · cites it 5× “" *1310 § 367.021(11), Fla. Stat. (1991) (emphasis added).”

Fletcher Props., Inc. v. FLA. PUB. Serv. COM'N, 356 So. 2d 289 (Fla. 1978). · cites it 6× “"In any event, since Jacksonville Surburban [sic] Utilities is in fact a public utility providing the water and sewer services, with Baymeadows' pipes merely acting as conduits, and since payment for services is made to Jacksonville Suburban Utilities, with Baymeadows acting as…”

Forest Hills Utils., Inc. v. Pasco Cnty., 536 So. 2d 1117 (Fla. 2d DCA 1988). · cites it 2× “Pasco County argues that there is no latent ambiguity because section 367.021, Florida Statutes (1987), defines "governmental agency" as a political subdivision authorized to provide water or sewer service.”

City of Mount Dora v. JJ's Mobile Homes, Inc., 579 So. 2d 219 (Fla. 5th DCA 1991). · cites it 2× “…Utilities, 540 So.2d 178 (Fla. 5th DCA 1989). [1] I urge that this protection should come from the legislature. [2] § 367.021(10), Fla. Stat. (1989).”

Devon-Aire Villas Home. v. Americable Assoc., 490 So. 2d 60 (Fla. 3d DCA 1985). · cites it 2× “Section 367.021(3), Florida Statutes (1985), defines "utility" as an entity supplying "water or sewer services to the public for compensation," and Section 367.”

Charlotte Cty. v. Gen. Develop. Utils., 653 So. 2d 1081 (Fla. 1st DCA 1995). “022, includes every person, lessee, trustee, or receiver owning, operating, managing, or controlling a system, or proposing construction of a system, who is providing, or proposes to provide, water or wastewater service to the public for compensation.”

Sugarmill Woods Civic Ass'n v. S. STATES, 687 So. 2d 1346 (Fla. 1st DCA 1997). · cites it 2× “171(7), Florida Statutes (1991), grants the PSC exclusive jurisdiction, with some exceptions, over "all utility systems whose service transverses county boundaries." The term "system" is defined as "facilities and land used or useful in providing service and, upon a finding by…”

So. States Util. v. Fla. Pub. Serv. Com'n, 714 So. 2d 1046 (Fla. 1st DCA 1998). · cites it 4× “171(7), Florida Statutes (1991), grants the PSC exclusive jurisdiction, with some exceptions, over "all utility systems whose service transverses county boundaries.”

S. States Utils. v. Florida Pub. Serv. Comm'n, 714 So. 2d 1046 (Fla. 5th DCA 1998). · cites it 4× “171(7), Florida Statutes (1991), grants the PSC exclusive jurisdiction, with some exceptions, over “all utility systems whose service transverses county boundaries.” The term “system” is defined as “facilities and land used or useful in providing service and, upon a finding by…”

Bd. of Cnty. Com'rs v. Beard, 601 So. 2d 590 (Fla. 1st DCA 1992). · cites it 2× “In its order, the PSC cited the definition of "system" in subsection 367.021(11): "`System' means facilities and land used or useful in providing service and, upon a finding by the commission, may include a combination of functionally related facilities and land.”

Hernando Cnty. v. Florida Pub. Serv. Comm'n, 685 So. 2d 48 (Fla. 5th DCA 1996). · cites it 2× “171(7) is the actual inter-relationship of two or more facilities providing utility services in a particular geographic area comparable to the “service area” defined in section 367.021(10), over which the PSC ordinarily has jurisdiction.”

Show all 18 citing cases →

— 367.021(10) — 2 cases

City of Mount Dora v. JJ's Mobile Homes, Inc., 579 So. 2d 219 (Fla. 5th DCA 1991). “…Utilities, 540 So.2d 178 (Fla. 5th DCA 1989). [1] I urge that this protection should come from the legislature. [2] § 367.021(10), Fla. Stat. (1989).”

Hernando Cnty. v. Florida Pub. Serv. Comm'n, 685 So. 2d 48 (Fla. 5th DCA 1996). “171(7) is the actual inter-relationship of two or more facilities providing utility services in a particular geographic area comparable to the “service area” defined in section 367.021(10), over which the PSC ordinarily has jurisdiction.”

— 367.021(11) — 5 cases

CITRUS CTY. v. S. States Utils., 656 So. 2d 1307 (Fla. 1st DCA 1995). “" *1310 § 367.021(11), Fla. Stat. (1991) (emphasis added).”

So. States Util. v. Fla. Pub. Serv. Com'n, 714 So. 2d 1046 (Fla. 1st DCA 1998). “171(7), Florida Statutes (1991), grants the PSC exclusive jurisdiction, with some exceptions, over "all utility systems whose service transverses county boundaries.”

S. States Utils. v. Florida Pub. Serv. Comm'n, 714 So. 2d 1046 (Fla. 5th DCA 1998). “171(7), Florida Statutes (1991), grants the PSC exclusive jurisdiction, with some exceptions, over “all utility systems whose service transverses county boundaries.” The term “system” is defined as “facilities and land used or useful in providing service and, upon a finding by…”

Bd. of Cnty. Com'rs v. Beard, 601 So. 2d 590 (Fla. 1st DCA 1992). “In its order, the PSC cited the definition of "system" in subsection 367.021(11): "`System' means facilities and land used or useful in providing service and, upon a finding by the commission, may include a combination of functionally related facilities and land.”

— 367.021(12) — 2 cases

Nelson P. Schwob v. James C. Goss (Fla. 2d DCA 2019).

— 367.021(3) — 4 cases

Devon-Aire Villas Home. v. Americable Assoc., 490 So. 2d 60 (Fla. 3d DCA 1985). “Section 367.021(3), Florida Statutes (1985), defines "utility" as an entity supplying "water or sewer services to the public for compensation," and Section 367.”

Fletcher Props., Inc. v. FLA. PUB. Serv. COM'N, 356 So. 2d 289 (Fla. 1978). “"In any event, since Jacksonville Surburban [sic] Utilities is in fact a public utility providing the water and sewer services, with Baymeadows' pipes merely acting as conduits, and since payment for services is made to Jacksonville Suburban Utilities, with Baymeadows acting as…”

Florida Pub. Serv. v. Florida Waterworks, 731 So. 2d 836 (Fla. 1st DCA 1999).

Sw. Florida Capital Corp. v. Florida Pub. Serv. Comm'n, 661 So. 2d 82 (Fla. 1st DCA 1995).

— 367.021(4) — 1 case

Int'l Telecharge, Inc. v. Wilson, 573 So. 2d 816 (Fla. 1991).

— 367.021(5) — 1 case

In re Oak Hill Park Util. Co., 48 Fla. Supp. 203 (Fla. Pub. Serv. Comm'n 1979).

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