Florida Statutes
Fla. Stat. § 367.045 (2025)
Certificate of authorization; application and amendment procedures.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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367.045 Certificate of authorization; application and amendment procedures.—
(1) When a utility applies for an initial certificate of authorization from the commission, it shall:
(a) Provide notice of the actual application filed by mail or personal delivery to the governing body of the county or city affected, to the Public Counsel, to the commission, and to such other persons and in such other manner as may be prescribed by commission rule;
(b) Provide all information required by rule or order of the commission, which information may include a detailed inquiry into the ability of the applicant to provide service, the area and facilities involved, the need for service in the area involved, and the existence or nonexistence of service from other sources within geographical proximity to the area in which the applicant seeks to provide service;
(c) File with the commission schedules showing all rates, classifications, and charges for service of every kind proposed by it and all rules, regulations, and contracts relating thereto;
(d) File the application fee required by s. 367.145; and
(e) Submit an affidavit that the applicant has provided notice of its actual application pursuant to this section.
(2) A utility may not delete or extend its service outside the area described in its certificate of authorization until it has obtained an amended certificate of authorization from the commission. When a utility applies for an amended certificate of authorization from the commission, it shall:
(a) Provide notice of the actual application filed by mail or personal delivery to the governing body of the county or municipality affected, to the Public Counsel, to the commission, and to such other persons and in such other manner as may be prescribed by commission rule;
(b) Provide all information required by rule or order of the commission, which information may include a detailed inquiry into the ability or inability of the applicant to provide service, the need or lack of need for service in the area that the applicant seeks to delete or add; the existence or nonexistence of service from other sources within geographical proximity to the area that the applicant seeks to delete or add, and a description of the area sought to be deleted or added to the area described in the applicant’s current certificate of authorization;
(c) Provide a reference to the number of the most recent order of the commission establishing or amending the applicant’s rates and charges;
(d) Submit an affidavit that the utility has tariffs and annual reports on file with the commission;
(e) File the application fee required by s. 367.145; and
(f) Submit an affidavit that the applicant has provided notice of its actual application pursuant to this section.
(3) If, within 30 days after the last day that notice was mailed or published by the applicant, whichever is later, the commission does not receive written objection to the notice, the commission may dispose of the application without hearing. If the applicant is dissatisfied with the disposition, it may bring a proceeding under ss. 120.569 and 120.57.
(4) If, within 30 days after the last day that notice was mailed or published by the applicant, whichever is later, the commission receives from the Public Counsel, a governmental authority, or a utility or consumer who would be substantially affected by the requested certification or amendment a written objection requesting a proceeding pursuant to ss. 120.569 and 120.57, the commission shall order such proceeding conducted in or near the area for which application is made, if feasible. Notwithstanding the ability to object on any other ground, a county or municipality has standing to object on the ground that the issuance or amendment of the certificate of authorization violates established local comprehensive plans developed pursuant to ss. 163.3161-163.3211. If a consumer, utility, or governmental authority or the Public Counsel requests a public hearing on the application, such hearing must, if feasible, be held in or near the area for which application is made; and the transcript of such hearing and any material submitted at or before the hearing must be considered as part of the record of the application and any proceeding related thereto.
(5)(a) The commission may grant or amend a certificate of authorization, in whole or in part or with modifications in the public interest, but may not grant authority greater than that requested in the application or amendment thereto and noticed under this section; or it may deny a certificate of authorization or an amendment to a certificate of authorization, if in the public interest. The commission may deny an application for a certificate of authorization for any new Class C wastewater system, as defined by commission rule, if the public can be adequately served by modifying or extending a current wastewater system. The commission may not grant a certificate of authorization for a proposed system, or an amendment to a certificate of authorization for the extension of an existing system, which will be in competition with, or a duplication of, any other system or portion of a system, unless it first determines that such other system or portion thereof is inadequate to meet the reasonable needs of the public or that the person operating the system is unable, refuses, or neglects to provide reasonably adequate service.
(b) When granting or amending a certificate of authorization, the commission need not consider whether the issuance or amendment of the certificate of authorization is inconsistent with the local comprehensive plan of a county or municipality unless a timely objection to the notice required by this section has been made by an appropriate motion or application. If such an objection has been timely made, the commission shall consider, but is not bound by, the local comprehensive plan of the county or municipality.
(6) The revocation, suspension, transfer, or amendment of a certificate of authorization is subject to the provisions of this section. The commission shall give 30 days’ notice before it initiates any such action.
Notes of Decisions
Cited in 4
cases (1 in the last 5 years), 1991–2021 · leading case: City of Mount Dora v. JJ's Mobile Homes, Inc., 579 So. 2d 219 (Fla. 5th DCA 1991).
City of Mount Dora v. JJ's Mobile Homes, Inc., 579 So. 2d 219 (Fla. 5th DCA 1991). “Section 367.045(5)(a), Florida Statutes. (5) When a public service entity, whether governmental or private, has a prior (earlier acquired) legal right to provide services in a particular territory but does not have the present ability to promptly and efficiently meet its duty to…”
City of Oviedo v. Clark, 699 So. 2d 316 (Fla. 5th DCA 1997). “We affirm the order of the Public Service Commission and address only Oviedo’s argument concerning the PSC’s application of section 367.045(5)(b), Florida Statutes (1995).”
JEA v. First Coast Reg'l Utils., Inc. (Fla. 1st DCA 2021). “Because section 367.045, Florida Statutes, gives the PSC authority to decide certificate of authorization applications, taking account of objections filed by municipalities, local comprehensive plans, and existing systems, we deny the petition.”
Lake Util. Servs., Inc. v. City of Clermont, 727 So. 2d 984 (Fla. 5th DCA 1999). “See also § 367.045(5), Florida Statutes (1991). 3 Although Clermont acquired its right to provide water service to the subject area first, its failure to exercise its concomitant duty to promptly and efficiently provide those services resulted in a waiver of the right to do so.”
— 367.045(5) — 1 case
Lake Util. Servs., Inc. v. City of Clermont, 727 So. 2d 984 (Fla. 5th DCA 1999). “See also § 367.045(5), Florida Statutes (1991). 3 Although Clermont acquired its right to provide water service to the subject area first, its failure to exercise its concomitant duty to promptly and efficiently provide those services resulted in a waiver of the right to do so.”
— 367.045(5)(a) — 1 case
City of Mount Dora v. JJ's Mobile Homes, Inc., 579 So. 2d 219 (Fla. 5th DCA 1991). “Section 367.045(5)(a), Florida Statutes. (5) When a public service entity, whether governmental or private, has a prior (earlier acquired) legal right to provide services in a particular territory but does not have the present ability to promptly and efficiently meet its duty to…”
— 367.045(5)(b) — 1 case
City of Oviedo v. Clark, 699 So. 2d 316 (Fla. 5th DCA 1997). “We affirm the order of the Public Service Commission and address only Oviedo’s argument concerning the PSC’s application of section 367.045(5)(b), Florida Statutes (1995).”
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