CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2341, 1985 Fla. App. LEXIS 16231, 1985 WL 1083675
...ms of a contractual debt owed by HTD to HPSC, application of the primary jurisdiction principle simply would have required the trial court to abate the proceeding until such time as an order was issued by the PSC, pursuant to its powers conferred by section 367.101, Florida Statutes, determining the justness and reasonableness of the facility expansion charge....
...We conclude upon the present record that the power and authority of the PSC are preemptive. It is plain beyond any doubt that in formulating Chapter 367, the Legislature desired exclusive jurisdiction to rest with the PSC to regulate utilities such as the HPSC and to fix charges for service availability. §§
367.011(2) and
367.101, Fla....
...Florida Administrative Code Rule 25-10.129, in effect at the time the agreement in controversy was made, [1] provided that "disputes concerning the application of these rules and developer agreements may be referred to the" PSC. (Emphasis added.) This rule, however, implemented section 367.101, Florida Statutes (1981), which related to charges for service availability and provided: (1) The commission, by rule, may set standards for service-availability charges and service-availability conditions....
...The jurisdiction to hear and award a money judgment in this cause remains with the circuit court. The main thrust of HTD's appeal is that it should not have to pay the damages sought by HPSC because the charges were not given prior approval by the PSC pursuant to sections
367.011(2) and
367.101(1). First, there is nothing in the cited statutory authority or in the rules which states that these charges or the agreement shall be approved by the PSC before becoming effective. As noted above, section
367.101(1) provides for PSC investigation of agreements for service availability charges, "upon request or upon its own motion." There has been no allegation that any such request or motion was made before the present action was brought....
...First, the PSC can, upon proper application or upon its own motion, investigate this agreement and these charges to determine the reasonableness thereof. If it should determine that the charges are unreasonable, then it may order the utility to refund a portion of the charges to the consumer. § 367.101(1), Fla....
CopyCited 11 times | Published | Supreme Court of Florida | 1980 WL 579557
...estment when a sale or condemnation includes contributions. A more complete factual account of the history of this case is helpful to its determination. The utilities applied to the commission for approval of service availability charges pursuant to section 367.101, Florida Statutes (1977)....
...(1977), and by the denial of an opportunity to address the issue in an adjudicative proceeding, §
120.57(1)(b)4, Fla. Stat. (1977). They also allege that the commission lacks legal authority to condition the approval of service availability charges, either under section
367.101, Florida Statutes (1977), or under any other statute by which the commission is assigned responsibility over water and sewer companies....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1985 WL 1083676
...e rules are not supported by competent, substantial evidence; (2) The Commission does not have statutory authority to adopt the rules; and (3) These rules unconstitutionally confiscate a utility's property. The Commission is given broad authority by section
367.101(1), Florida Statutes (1981), to set by rule "standards for service-availability charges and service-availability conditions." The Commission is also permitted by section
350.127(2), Florida Statutes (1981), to "adopt ......
...It is not necessarily voluntarily given. We conclude that the evidence substantiates the above finding, and affirm the hearing officer's conclusion upholding the validity of proposed rule 25-30.515(3). The Commission asserts that authority to adopt rule 25-30.58 is found in section 367.101(1), Florida Statutes (1981), which reads as follows: Charges for service availability....
...Two small utilities in fact may have been abandoned because of high levels of CIAC. Since there is competent, substantial evidence supporting the determination that service availability charges and CIAC are synonymous, the Commission's power to *243 set standards for CIAC is clearly delegated to it by section 367.101(1) as a proper exercise of its police powers....
...utility is in compliance with the rules, unless the Commission has excused such compliance under the hardship exception set forth in subsection (2). This rule, like rule 25-30.58, is a proper exercise of legislatively delegated authority pursuant to section 367.101(1), Florida Statutes (1981)....
...The hearing officer's determination that this change in the wording "merely clarified the statutory definition" and that "the meaning of the term CIAC has not been changed by this rewording," should be reversed. The statute relied on by the Commission as empowering it to adopt these rules is Section 367.101(1), which provides: [2] The commission, by rule, may set standards for service-availability charges and service-availability conditions....
CopyCited 7 times | Published | Supreme Court of Florida | 1979 Fla. LEXIS 4738, 1979 WL 396358
...Mayo,
351 So.2d 336, 341 (Fla. 1977); Deel Motors, Inc. v. Dept. of Commerce,
252 So.2d 389 (Fla. 1st DCA 1971). The Commission directly addressed this issue in Order 7851. We agree with the following excerpt from that order: We believe the plain and unequivocal mandates of Section
367.101, Florida Statutes, that service availability charges and conditions be just and reasonable, a fact too well known to require further discourse, coupled with references to "public welfare" and application of legal rates without discrimination, spell out adequately the "public interest or welfare"....
CopyCited 2 times | Published | Supreme Court of Florida | 1980 WL 574286
...l Point without paying for the expansion of the water system outside the development that would be necessary to supply the increased demand at the master meter. The financial burden would then be shifted to other customers of the utility contrary to section 367.101, Florida Statutes (1977)....
...prescribing a uniform system and classification of accounts; and (c) requiring the filing of periodic reports and all other reasonably necessary information. It was pursuant to this charge that the tariff in question was approved by the Commission. Section 367.101, Florida Statutes (1977), provided the more specific authority for the Commission to "set just and reasonable charges and conditions for service availability." Under the auspices of this statutory authority, the Commission has establi...
