Florida Regulations 25-30.035: Application for Original Certificate of Authorization Following Rescission of Jurisdiction by a County
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(1) Each applicant for an original certificate of authorization following rescission of jurisdiction by a county under the provisions of Florida Statutes § 367.171, (commonly known as the grandfather provision), shall file with the Commission Clerk one original of the information set forth in subsections (2) through (16) below. Form PSC 1003 (12/15), entitled “”Application for Original Certificate of Authorization Following Rescission of Jurisdiction by a County (Grandfather Certificate),”” which is incorporated by reference in this rule and is available at http://www.flrules.org/Gateway/reference.asp?No=Ref-06240, is an example application that may be completed by the applicant and filed with the Office of Commission Clerk to comply with this subsection. This form may also be obtained from the Commission’s website, www.floridapsc.com;
(2) A filing fee pursuant to Fl. Admin. Code R. 25-30.020(2)(d);
(3) The utility’s name, address, telephone number, Federal Employer Identification Number, authorized representative, and, if available, email address and fax number;
(4) The nature of the utility’s business organization, i.e., corporation, limited liability company, partnership, limited partnership, sole proprietorship, or association. The applicant must provide documentation from the Florida Department of State, Division of Corporations, showing:
(a) The utility’s business name and registration/document number for the business, unless operating as a sole proprietor; and,
(b) The utility’s fictitious name and registration number for the fictitious name, if operating under a fictitious name;
(5) The name(s), address(es), and percentage of ownership of each entity or person which owns or will own more than a 5 percent interest in the utility;
(6) A statement indicating whether the application is for water, wastewater, or both. If the applicant is applying for water or wastewater only, the statement shall include how the other service is provided;
(7) The date the utility was established;
(8) A description of the types of customers served, i.e., single family homes, mobile homes, duplexes, golf course clubhouse, or commercial;
(9) A schedule showing the number of customers currently served, by class and meter size, as well as the number of customers projected to be served when the requested service territory is fully developed;
(10) A legal description of the proposed service area in the format prescribed in Fl. Admin. Code R. 25-30.029 The utility must provide documentation of the territory the utility was serving, or was authorized to serve, from the county which had jurisdiction over the utility on the day Florida Statutes Chapter 367, became applicable to the utility;
(11) Documentation of the utility’s right to access and continued use of the land upon which the utility treatment facilities are located. Documentation of continued use shall be in the form of a recorded warranty deed, recorded quit claim deed accompanied by title insurance, recorded lease such as a 99-year lease, or recorded easement. The applicant may submit an unrecorded copy of the instrument granting the utility’s right to access and continued use of the land upon which the utility treatment facilities are or will be located, provided the applicant files a recorded copy within the time required in the order granting the certificate;
(12) Documentation, or if no documentation exists, a statement, specifying on what date and under what authority the current rates and charges were established;
(13) A tariff containing all rates, classifications, charges, rules, and regulations, which shall be consistent with Fl. Admin. Code Chapter 25-9 Form PSC 1010 (12/15), entitled “”Water Tariff”” and Form PSC 1011 (12/15), entitled “”Wastewater Tariff,”” which are incorporated by reference in Fl. Admin. Code R. 25-30.033, are example tariffs that may be completed by the applicant and included in the application. These forms may also be obtained from the Commission’s website, www.floridapsc.com;
(14) A detailed system map showing the existing and proposed lines and treatment facilities, with the territory proposed to be served plotted thereon, consistent with the legal description provided in subsection (10) above. Any territory not served at the time of the application shall be specifically identified. The map shall be of sufficient scale and detail to enable correlation with the description of the territory to be served;
(15) An official county tax assessment map, or other map showing township, range, and section with a scale such as 1” = 200′ or 1” = 400′, with the proposed territory plotted thereon, consistent with the legal description provided in subsection (10) above; and,
(16) A copy of all current permits issued by the Department of Environmental Protection and water management district.
Rulemaking Authority 350.127(2), 367.121, 367.1213 FS. Law Implemented 367.1213, 367.171 FS. History-New 7-21-65, Amended 1-7-69, 2-3-70, 3-6-71, 9-12-74, 3-26-81, Formerly 25-10.02, 25-10.002, Amended 11-10-86, 1-27-91, 11-30-93, 1-4-16.
Terms Used In Florida Regulations 25-30.035
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
- Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
(3) The utility’s name, address, telephone number, Federal Employer Identification Number, authorized representative, and, if available, email address and fax number;
(4) The nature of the utility’s business organization, i.e., corporation, limited liability company, partnership, limited partnership, sole proprietorship, or association. The applicant must provide documentation from the Florida Department of State, Division of Corporations, showing:
(a) The utility’s business name and registration/document number for the business, unless operating as a sole proprietor; and,
(b) The utility’s fictitious name and registration number for the fictitious name, if operating under a fictitious name;
(5) The name(s), address(es), and percentage of ownership of each entity or person which owns or will own more than a 5 percent interest in the utility;
(6) A statement indicating whether the application is for water, wastewater, or both. If the applicant is applying for water or wastewater only, the statement shall include how the other service is provided;
(7) The date the utility was established;
(8) A description of the types of customers served, i.e., single family homes, mobile homes, duplexes, golf course clubhouse, or commercial;
(9) A schedule showing the number of customers currently served, by class and meter size, as well as the number of customers projected to be served when the requested service territory is fully developed;
(10) A legal description of the proposed service area in the format prescribed in Fl. Admin. Code R. 25-30.029 The utility must provide documentation of the territory the utility was serving, or was authorized to serve, from the county which had jurisdiction over the utility on the day Florida Statutes Chapter 367, became applicable to the utility;
(11) Documentation of the utility’s right to access and continued use of the land upon which the utility treatment facilities are located. Documentation of continued use shall be in the form of a recorded warranty deed, recorded quit claim deed accompanied by title insurance, recorded lease such as a 99-year lease, or recorded easement. The applicant may submit an unrecorded copy of the instrument granting the utility’s right to access and continued use of the land upon which the utility treatment facilities are or will be located, provided the applicant files a recorded copy within the time required in the order granting the certificate;
(12) Documentation, or if no documentation exists, a statement, specifying on what date and under what authority the current rates and charges were established;
(13) A tariff containing all rates, classifications, charges, rules, and regulations, which shall be consistent with Fl. Admin. Code Chapter 25-9 Form PSC 1010 (12/15), entitled “”Water Tariff”” and Form PSC 1011 (12/15), entitled “”Wastewater Tariff,”” which are incorporated by reference in Fl. Admin. Code R. 25-30.033, are example tariffs that may be completed by the applicant and included in the application. These forms may also be obtained from the Commission’s website, www.floridapsc.com;
(14) A detailed system map showing the existing and proposed lines and treatment facilities, with the territory proposed to be served plotted thereon, consistent with the legal description provided in subsection (10) above. Any territory not served at the time of the application shall be specifically identified. The map shall be of sufficient scale and detail to enable correlation with the description of the territory to be served;
(15) An official county tax assessment map, or other map showing township, range, and section with a scale such as 1” = 200′ or 1” = 400′, with the proposed territory plotted thereon, consistent with the legal description provided in subsection (10) above; and,
(16) A copy of all current permits issued by the Department of Environmental Protection and water management district.
Rulemaking Authority 350.127(2), 367.121, 367.1213 FS. Law Implemented 367.1213, 367.171 FS. History-New 7-21-65, Amended 1-7-69, 2-3-70, 3-6-71, 9-12-74, 3-26-81, Formerly 25-10.02, 25-10.002, Amended 11-10-86, 1-27-91, 11-30-93, 1-4-16.