Florida Statutes
Fla. Stat. § 367.101 (2025)
Charges for service availability.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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367.101 Charges for service availability.—
(1) The commission shall set just and reasonable charges and conditions for service availability. The commission by rule may set standards for and levels of service-availability charges and service-availability conditions. Such charges and conditions shall be just and reasonable. The commission shall, upon request or upon its own motion, investigate agreements or proposals for charges and conditions for service availability.
(2) An application for approval of charges and conditions for service availability shall be accompanied by a fee as provided by s. 367.145.
History.—s. 1, ch. 71-278; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 53, ch. 78-95; ss. 13, 25, 26, ch. 80-99; ss. 2, 3, ch. 81-318; ss. 14, 26, 27, ch. 89-353; s. 4, ch. 91-429.
Notes of Decisions
Cited in 6
cases, 1977–1985 · leading case: Florida Waterworks v. FLORIDA PUB. SER. COM'N, 473 So. 2d 237 (Fla. 1st DCA 1985).
Florida Waterworks v. FLORIDA PUB. SER. COM'N, 473 So. 2d 237 (Fla. 1st DCA 1985). “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.”
Hill Top Developers v. HOLIDAY PINES Serv., 478 So. 2d 368 (Fla. 2d DCA 1985). “ere it cannot be questioned that the trial court was invested with subject matter jurisdiction to entertain the action cast in terms of a contractual debt owed by HTD to HPSC, application of the primary jurisdiction principle simply would have required the trial court to abate…”
Duval Util. Co. v. Fla. Pub. Serv. Com'n, 380 So. 2d 1028 (Fla. 1980). “The utilities applied to the commission for approval of service availability charges pursuant to section 367.101, Florida Statutes (1977).”
H. Miller & Sons, Inc. v. Hawkins, 373 So. 2d 913 (Fla. 1979). “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…”
Christian & Missionary All. v. FLA. CITIES, 386 So. 2d 543 (Fla. 1980). “If the utility is unable to charge for service availability to these new units, the developer could substantially develop Shell 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…”
In re Jacksonville Suburban Utilties Corp., 47 Fla. Supp. 73 (Fla. Pub. Serv. Comm'n 1977). “contract dated October 20, 1972, which date is subsequent to the enactment of Section 367.101, Florida Statutes, which became law in late 1971.”
— 367.101(1) — 2 cases
Florida Waterworks v. FLORIDA PUB. SER. COM'N, 473 So. 2d 237 (Fla. 1st DCA 1985). “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.”
Hill Top Developers v. HOLIDAY PINES Serv., 478 So. 2d 368 (Fla. 2d DCA 1985). “ere it cannot be questioned that the trial court was invested with subject matter jurisdiction to entertain the action cast in terms of a contractual debt owed by HTD to HPSC, application of the primary jurisdiction principle simply would have required the trial court to abate…”
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