Board of County Com'rs of St. Johns County v. Beard, No. 91-2290

CourtCourt of Appeal of Florida (US)
Writing for the CourtPER CURIAM
Citation601 So.2d 590
PartiesBOARD OF COUNTY COMMISSIONERS OF ST. JOHNS COUNTY, and the St. Johns County Water and Sewer Authority, Appellants, v. Thomas M. BEARD, Chairman, and Thomas M. Beard, Betty Easley, Michael Wilson, and J. Terry Deason, Commissioners, as and constituting the Florida Public Service Commission, and Jacksonville Suburban Utilities Corporation, Appellees. 601 So.2d 590, 17 Fla. L. Week. D1425
Docket NumberNo. 91-2290
Decision Date05 June 1992

Page 590

601 So.2d 590
BOARD OF COUNTY COMMISSIONERS OF ST. JOHNS COUNTY, and the
St. Johns County Water and Sewer Authority,
Appellants,
v.
Thomas M. BEARD, Chairman, and Thomas M. Beard, Betty
Easley, Michael Wilson, and J. Terry Deason, Commissioners,
as and constituting the Florida Public Service Commission,
and Jacksonville Suburban Utilities Corporation, Appellees.
No. 91-2290.
601 So.2d 590, 17 Fla. L. Week. D1425
District Court of Appeal of Florida,
First District.
June 5, 1992.

Page 591

David G. Conn of Conn & Christine, P.A., St. Augustine, for appellants.

James L. Ade and Scott G. Schildberg of Martin, Ade, Birchfield & Mickler, P.A., Jacksonville, for appellee/Jacksonville Suburban Utilities Corp.

Robert D. Vandiver, General Counsel; William E. Wyrough, Jr., Associate General Counsel, Florida Public Service Comn., Tallahassee, for appellee/Public Service Comn.

PER CURIAM.

Appellant, St. Johns County, challenges an order of the Public Service Commission (PSC) declaring that the PSC, not appellant, had exclusive jurisdiction over water and wastewater services provided by appellee, Jacksonville Suburban Utilities Corp. (JSUC), within St. Johns County. We affirm.

In July 1985, the Board of County Commissioners of St. Johns County adopted a resolution giving the PSC jurisdiction over private water and wastewater utilities located within the County. In September 1989, the County exercised its statutory right to rescind its resolution and thereby exclude its private utilities from PSC jurisdiction. See Sec. 367.171(1), Fla.Stat. (1985). The County passed an ordinance placing regulatory authority in the newly created St. Johns County Water and Sewer Authority and, thereafter, the PSC issued an order acknowledging the County's assumption of jurisdiction. A portion of the PSC order stated: "We further acknowledge that our jurisdiction over privately owned water and sewer utilities whose systems are located exclusively within said county is rescinded effective September 26, 1989." (Emphasis added).

When the County resumed jurisdiction, two of its private water and sewer utilities had cases pending before the PSC. In these cases, two small utilities sought PSC approval of their sale of assets and transfer of water and sewer certificates to JSUC. Pursuant to subsection 367.171(5), Florida Statutes (1989), the PSC retained jurisdiction over these cases, eventually approving the transfers. Thereafter, JSUC obtained certificates from the County authorizing JSUC to provide water and sewer service within St. Johns County.

In January 1991, JSUC petitioned the PSC for a declaratory statement as to whether the PSC had exclusive jurisdiction over JSUC's water and sewer facilities located in Duval, Nassau and St. Johns counties. In addition to identifying itself as a provider of water and wastewater utility service in the three neighboring counties of Duval, Nassau and St. Johns, JSUC indicated that it provided such service through numerous facilities located within the counties. JSUC argued that...

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4 practice notes
  • Southern States Utilities v. Florida Public Service Com'n, No. 96-4227
    • United States
    • Court of Appeal of Florida (US)
    • June 10, 1998
    ...is purely a jurisdictional concept. We initially construed the phrase "functionally related" in Board of County Commissioners v. Beard, 601 So.2d 590 (Fla. 1st DCA 1992). The issue there was whether the St. Johns County Water and Sewer Authority could exercise jurisdiction over the Jacksonv......
  • Sugarmill Woods Civic Ass'n, Inc. v. Southern States Utilities, Nos. 95-425
    • United States
    • Court of Appeal of Florida (US)
    • February 4, 1997
    ...656 So.2d 1307 (Fla. 1st DCA), review denied mem., 663 So.2d 631 (Fla.1995); Board of County Commissioners of St. Johns County v. Beard, 601 So.2d 590 (Fla. 1st DCA 1992). After filing of the notice of appeal in this case, the PSC moved to relinquish jurisdiction back to the PSC due to its ......
  • Hernando County v. Florida Public Service Com'n, No. 95-2935
    • United States
    • Court of Appeal of Florida (US)
    • December 12, 1996
    ...a valid basis for the PSC's expansive definition of the word "service." Board of County Commissioners of St. Johns County v. Beard, 601 So.2d 590 (Fla. 1st DCA 1992) is both factually and legally distinguishable. First, that case involved the question whether facilities operating in Duval, ......
  • Citrus County v. Southern States Utilities, Inc., Nos. 93-3324
    • United States
    • Court of Appeal of Florida (US)
    • April 6, 1995
    ...367.021(11), Fla.Stat. (1991) (emphasis added). This court analyzed the PSC's jurisdiction in Board of County Commissioners v. Beard, 601 So.2d 590 (Fla. 1st DCA 1992), adjudicating a challenge to a PSC order which declared that the PSC, rather than St. Johns County, had jurisdiction over w......
4 cases
  • Southern States Utilities v. Florida Public Service Com'n, No. 96-4227
    • United States
    • Court of Appeal of Florida (US)
    • June 10, 1998
    ...is purely a jurisdictional concept. We initially construed the phrase "functionally related" in Board of County Commissioners v. Beard, 601 So.2d 590 (Fla. 1st DCA 1992). The issue there was whether the St. Johns County Water and Sewer Authority could exercise jurisdiction over the Jacksonv......
  • Sugarmill Woods Civic Ass'n, Inc. v. Southern States Utilities, Nos. 95-425
    • United States
    • Court of Appeal of Florida (US)
    • February 4, 1997
    ...656 So.2d 1307 (Fla. 1st DCA), review denied mem., 663 So.2d 631 (Fla.1995); Board of County Commissioners of St. Johns County v. Beard, 601 So.2d 590 (Fla. 1st DCA 1992). After filing of the notice of appeal in this case, the PSC moved to relinquish jurisdiction back to the PSC due to its ......
  • Hernando County v. Florida Public Service Com'n, No. 95-2935
    • United States
    • Court of Appeal of Florida (US)
    • December 12, 1996
    ...a valid basis for the PSC's expansive definition of the word "service." Board of County Commissioners of St. Johns County v. Beard, 601 So.2d 590 (Fla. 1st DCA 1992) is both factually and legally distinguishable. First, that case involved the question whether facilities operating in Duval, ......
  • Citrus County v. Southern States Utilities, Inc., Nos. 93-3324
    • United States
    • Court of Appeal of Florida (US)
    • April 6, 1995
    ...367.021(11), Fla.Stat. (1991) (emphasis added). This court analyzed the PSC's jurisdiction in Board of County Commissioners v. Beard, 601 So.2d 590 (Fla. 1st DCA 1992), adjudicating a challenge to a PSC order which declared that the PSC, rather than St. Johns County, had jurisdiction over w......

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