CopyCited 54 times | Published | Supreme Court of Florida | 98 P.U.R.4th 533
...The express mention of one thing implies the exclusion of another. Thayer v. State,
335 So.2d 815 (Fla. 1976). This rationale is further illustrated in the statutory regulation of water and sewer utilities. As explained in the PSC order: In parallel with Section
366.02(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." Section
367.022(6), Florida Statutes, expressly exempts from th...
CopyCited 20 times | Published | Supreme Court of Florida | 1964 WL 109567
"Every public utility" in pari materia with Section 367.21 which grants exclusive jurisdiction unto the
CopyCited 8 times | Published | Florida 2nd District Court of Appeal | 1988 WL 137197
...ation of extrinsic evidence as to the intent of the original parties to the agreement. Therefore, says the appellant, the summary determination of the trial judge was incorrect. We agree. 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....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1985 WL 1083647
...inst Americable. [5] E.g., Section
366.02(1), Florida Statutes (1985), defines "public utility" as an entity supplying electricity or gas to the public, and Section
366.04, Florida Statutes (1985), gives the Commission jurisdiction over such entity. Section
367.021(3), Florida Statutes (1985), defines "utility" as an entity supplying "water or sewer services to the public for compensation," and Section
367.121, Florida Statutes (1985), gives the Commission jurisdiction of this utility....
CopyCited 4 times | Published | Florida 5th District Court of Appeal | 1991 Fla. App. LEXIS 3766, 1991 WL 61812
...exclusive jurisdiction over each utility with respect to its authority, service and rates. [3] City of Winter Park v. Southern States 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....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...ose service transverses county boundaries." The term "system" is defined as "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." *1310 § 367.021(11), Fla....
...which placed it within the ambit of the PSC's jurisdiction as enunciated in section
367.171(7). This court agreed, rejecting the county's argument that JSUC's facilities must be physically connected to constitute a functionally related system under section
367.021(11), and finding that the undisputed evidence established that JSUC's facilities were interrelated not only administratively but also operationally, such that the company should be regulated by the PSC. Here, we find no competent substantial evidence that the facilities and land comprising the 127 SSU systems are functionally related in a way permitting the PSC to require that the customers of all systems pay identical rates. Section
367.021(11) requires that the facilities and land used or useful in providing service to the customers of the systems be considered in setting rates....
...e CIAC for each system. It is clear that this testimony does not constitute competent substantial evidence to support the PSC's decision to set uniform statewide rates for the systems involved. The systems are not functionally related as required by section 367.021(11), their relationship being apparently confined to fiscal functions resulting from common ownership....
CopyCited 3 times | Published | Florida 1st District Court of Appeal | 22 Fla. L. Weekly Fed. D 373
...ems 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 the commission, may include a combination of functionally related facilities and land." § 367.021, Fla.Stat....
CopyCited 3 times | Published | Supreme Court of Florida
...sewer services, with Baymeadows' pipes merely acting as conduits, and since payment for services is made to Jacksonville Suburban Utilities, with Baymeadows acting as a money collector, it would appear that Baymeadows is not a utility as defined at Section 367.021, Florida Statutes." Additional information was requested by the Public Service Commission regarding how Fletcher Properties recoups the cost of water and sewer utility service from the various apartment complexes and condominium assoc...
...t Jacksonville Suburban bills Fletcher. The Public Service Commission issued its declaratory statement on June 2, 1977, finding that the operations of petitioner in providing water and sewer utility service are within the definitions of a utility in Section
367.021, Florida Statutes (1975), and are not exempt under Section
367.022, Florida Statutes (1975)....
...7.022, 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 sewer service to the public for compensation.' (Section 367.021(3))....
...Read Investment Company, and cases cited therein, 96 PURNS 120, 122, Wisconsin (1952).) "From the facts cited above, it is apparent that the operations of Fletcher Properties, Inc., in providing water and sewer utility service, are within the definitions of a utility in Section
367.021, *292 Florida Statutes, and are not exempt under Section
367.022, Florida Statutes....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...ems 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 the commission, may include a combination of functionally related facilities and land." § 367.021(11), Fla....
...The only time the phrase "functionally related" appears in chapter 367, Florida Statutes (1997), is in the statutory definition [2] of "system": "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(11), Fla....
CopyPublished | Supreme Court of Florida | 1964 WL 117712
reasons the petitioner finally contends that Section 367.21, Florida Statutes, F.S.A., is unconstitutional
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 5937
...e 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. § 367.021(3), Fla....
CopyPublished | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 6569
...service transverses county boundaries.” The term “system” is defined as “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(11), Fla....
...atutes (1997), is in the statutory definition 2 of “system”: “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(11), Fla....
CopyPublished | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 85, 1991 Fla. LEXIS 77, 1991 WL 6547
..."0 — ” refers to calls where the caller dials 0 and no other digit. . A corporate undertaking is the unqualified guarantee of a utility to pay any refund and interest which may be ordered by the PSC at such time as the obligation becomes fixed and final. See § 367.021(4), Fla.Stat....
CopyPublished | Supreme Court of Florida | 1971 Fla. LEXIS 3168
appellant within Orange City. The 1959 Fla.Stat. § 367.21, F.S.A. had provided for the exclusive regulation
CopyPublished | Florida 2nd District Court of Appeal
...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." § 367.021(12); see also Utils., Inc....
...kely could not be forced to use their
land to begin providing such service. 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)....
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 8844, 1995 WL 492951
...fits to the general body of ratepayers and that the finding that contributors pass the full gross-up through to their customers is not supported by competent, substantial evidence. We affirm. “Contributions-in-aid-of-construction,” as defined in section 367.021(3), Florida Statutes, 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...
