Florida Statute 367.021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 367
WATER AND WASTEWATER SYSTEMS

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F.S. 367.021

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.

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Amendments to 367.021

Arrestable Offenses / Crimes under Fla. Stat. 367.021

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 367.021.

Annotations, Discussions, Cases:

Cases Citing Statute 367.021

Total Results: 20

NELSON P. SCHWOB v. JAMES C. GOSS

Court: Fla. Dist. Ct. App. | Date Filed: 2019-08-07T00:53:00-07:00

Snippet: service to the public for compensation." § 367.021(12); see also Utils., Inc. of Fla. v. Corso, 846…provider of utility service pursuant to section 367.021(12), and the PSC has "exclusive jurisdiction

Florida Public Serv. v. Florida Waterworks

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-10T00:53:00-07:00

Citation: 731 So. 2d 836

Snippet: equipment used to provide utility services. § 367.021(3), Fla. Stat. (1997). When a utility's rate

So. States Util. v. FLA. PUB. SERV. COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-10T00:53:00-07:00

Citation: 714 So. 2d 1046

Snippet: functionally related facilities and land." § 367.021(11), Fla. Stat. (1991) (emphasis added). Citrus…of functionally related facilities and land. § 367.021(11), Fla. Stat. (1997). The definition of "… [3] "Utility" is defined in section 367.21(12), Florida Statutes (1997). "Utility"

Southern States Utilities v. Florida Public Service Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-10T00:00:00-07:00

Citation: 714 So. 2d 1046

Snippet: of functionally related facilities and land.” § 367.021(11), Fla. Stat. (1991) (emphasis added). Citrus…of functionally related facilities and land. § 367.021(11), Fla. Stat. (1997). The definition of “system…enacted in 1971. . “Utility” is defined in section 367.21(12), Florida Statutes (1997). “Utility" means

Sugarmill Woods Civic Ass'n v. SOUTHERN STATES

Court: Fla. Dist. Ct. App. | Date Filed: 1997-02-03T23:53:00-08:00

Citation: 687 So. 2d 1346

Snippet: functionally related facilities and land." § 367.021, Fla.Stat. (1991) ... In Citrus County this court

Hernando County v. Florida Public Service Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1996-12-12T00:00:00-08:00

Citation: 685 So. 2d 48

Snippet: county boundaries.1 A system is defined by section 367.021(11) as “facilities and land used or useful in providing…comparable to the “service area” defined in section 367.021(10), over which the PSC ordinarily has jurisdiction

Southwest Florida Capital Corp. v. Florida Public Service Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1995-08-21T00:00:00-07:00

Citation: 661 So. 2d 82

Snippet: Contributions-in-aid-of-construction,” as defined in section 367.021(3), Florida Statutes, means: any amount or item

CITRUS CTY. v. Southern States Utilities

Court: Fla. Dist. Ct. App. | Date Filed: 1995-06-27T00:53:00-07:00

Citation: 656 So. 2d 1307

Snippet: functionally related facilities and land." *1310 § 367.021(11), Fla. Stat. (1991) (emphasis added). This court…constitute a functionally related system under section 367.021(11), and finding that the undisputed evidence established…customers of all systems pay identical rates. Section 367.021(11) requires that the facilities and land used …not functionally related as required by section 367.021(11), their relationship being apparently confined

Charlotte Cty. v. Gen. Develop. Utilities

Court: Fla. Dist. Ct. App. | Date Filed: 1995-04-13T00:00:00-07:00

Citation: 653 So. 2d 1081

Snippet: to its authority, service and rates. Subsection 367.021(12), defines "utility" in the following

BOARD OF COUNTY COM'RS v. Beard

Court: Fla. Dist. Ct. App. | Date Filed: 1992-06-05T00:53:00-07:00

Citation: 601 So. 2d 590

Snippet: definition of "system" in subsection 367.021(11): "`System' means facilities and land…definition of "system" set out in subsection 367.021(11): "System" means facilities and land

Kimlow, Inc. v. Seminole Landing Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1991-10-02T00:00:00-07:00

Citation: 586 So. 2d 1290

Snippet: understanding includes sewer systems. See section 367.-021(12), Florida Statutes (1989), which includes sewer

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

Court: Fla. Dist. Ct. App. | Date Filed: 1991-04-25T00:53:00-07:00

Citation: 579 So. 2d 219

Snippet: protection should come from the legislature. [2] § 367.021(10), Fla. Stat. (1989). 90-733 District

International Telecharge, Inc. v. Wilson

Court: Fla. | Date Filed: 1991-01-15T00:00:00-08:00

Citation: 573 So. 2d 816

Snippet: the obligation becomes fixed and final. See § 367.021(4), Fla.Stat. (1989) (defining for purposes of

Forest Hills Utilities, Inc. v. Pasco County

Court: Fla. Dist. Ct. App. | Date Filed: 1988-12-20T23:53:00-08:00

Citation: 536 So. 2d 1117

Snippet: that there is no latent ambiguity because section 367.021, Florida Statutes (1987), defines "governmental

PW Ventures, Inc. v. Nichols

Court: Fla. | Date Filed: 1988-10-27T00:53:00-07:00

Citation: 533 So. 2d 281

Snippet: order: In parallel with Section 366.02(1), Section 367.021, Florida Statutes (1985), defines a water or sewer

Devon-Aire Villas Home. v. Americable Assoc.

Court: Fla. Dist. Ct. App. | Date Filed: 1985-12-16T23:53:00-08:00

Citation: 490 So. 2d 60

Snippet: Commission jurisdiction over such entity. Section 367.021(3), Florida Statutes (1985), defines "utility

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

Court: Fla. | Date Filed: 1978-02-22T23:53:00-08:00

Citation: 356 So. 2d 289

Snippet: Baymeadows is not a utility as defined at Section 367.021, Florida Statutes." Additional information…within the definitions of a utility in Section 367.021, Florida Statutes (1975), and are not exempt under… to the public for compensation.' (Section 367.021(3)). "Exempt from regulation, insofar as herein…within the definitions of a utility in Section 367.021, *292 Florida Statutes, and are not exempt under

Orange City Water Co. v. Town of Orange City

Court: Fla. | Date Filed: 1971-12-01T00:00:00-08:00

Citation: 255 So. 2d 257

Snippet: appellant within Orange City. The 1959 Fla.Stat. § 367.21, F.S.A. had provided for the exclusive regulation

Tequesta Development Corp. v. Jupiter Utility Co.

Court: Fla. Dist. Ct. App. | Date Filed: 1966-02-01T00:00:00-08:00

Citation: 182 So. 2d 468

Snippet: CURIAM. Affirmed. See F.S.A. §§ 367.11, 367.20 and 367.21. SMITH, C. J., and ANDREWS and WALDEN, JJ., concur

City of Margate v. King

Court: Fla. | Date Filed: 1964-09-09T00:00:00-07:00

Citation: 167 So. 2d 852

Snippet: reasons the petitioner finally contends that Section 367.21, Florida Statutes, F.S.A., is unconstitutional.