Florida/Georgia Personal Injury & Workers Compensation

...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 this definition "systems with the capacity or proposed capacity to serve 100 or fewer persons"....

367 is unconstitutional. With reference to Section 367.22, petitioner is in error in stating that under

...on shall have exclusive jurisdiction over each utility with respect to its authority, service and rates. Subsection 367.021(12), defines "utility" in the following manner: (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. Utility systems which are "owned, operated, managed, or controlled by governmental authorities" are not subject to PSC regulation. § 367.022(2), Fla....

...[Emphasis added.] When Pasco County acquired the rights of the Water Authority under the agreement, Pasco County became both the requirements supplier and the rate setter. Pasco County is not subject to regulation by the Florida Public Service Commission. § 367.022, Fla....

...ompany to provide similar utility services in the same area. Chapter 367, the "Water and Wastewater System Regulatory Law" provides the Florida Public Service Commission with exclusive jurisdiction over the authority, service and rates of utilities. Section 367.022(2) provides: 367.022 Exemptions — The following are not subject to regulation by the commission as a utility nor are they subject to the provisions of this chapter except as expressly provided: * * * * * * (2) Systems owned, or systems of which the rates and cha...

...om the utility company that can now serve it and connect with the city's sewer system if and when the city gets around to meeting its duty to provide the service that it has undertaken to provide. AFFIRMED. DAUKSCH and DANIEL, JJ., concur. NOTES [1] Section 367.022(2), Florida Statutes, exempts utility systems owned, operated, managed or controlled by governmental agencies from the jurisdiction of the PSC....

...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). 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 367.022, 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))....

...(6) Systems designed to serve or serving one hundred persons or less; and (7) Nonprofit corporations, associations, or cooperatives providing service solely to members who own and control such nonprofit corporations, associations or cooperatives.' (Section 367.022, F.S.) "Fletcher Properties is manager and part owner of a development containing approximately 242 occupied condominiums, 826 rental apartments, and recreational facilities....

...) "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....

adequate consideration to the public interest. Section 367.22, Florida Statutes, F.S.A., docs announce a

unlawful because it is in violation of Fla.Stat. § 367.022(2), F. S. A., which provides in pertinent part:

“nonprofit” corporation pursuant to Fla.Stat. § 367.022(7), F.S.A., the pertinent part of which reads

...The government may impose regulations on how a property is used, and 1The court also found that the PSC had jurisdiction to resolve the question of whether the Respondents can claim the "landlord-tenant" exemption under section 367.022(5), Florida Statutes (2014). 2Although the circuit court cited article I, section 3, of the Florida Constitution, which involves religious freedom, it intended to cite article I, section 2, which states, "All natural pe...

...(2014), states that "[t]he Florida Public Service Commission shall have exclusive jurisdiction over each utility with respect to its authority, service, and rates." "Utility" is defined as "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." § 367.021(12); see also Utils., Inc....

...§,180.191 and that the City’s establishment of the rate differential between in-city and out-of-city purchasers *525 of water amounts to an arbitrary and unconstitutional classification. The Commission admits that it has no regulatory control over the City’s water system and its rates by virtue of the provisions of F.S. § 367.022(2), but claims that it has standing on its own behalf and on behalf of the customers of the two private utilities to bring the instant action....