JEA
v.
FIRST COAST REGIONAL UTILITIES, INC.
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The Florida Public Service Commission has statutory authority under section 367.045 to decide certificate of authorization applications for water and wastewater utilities, considering objections from municipalities and existing systems, and the court will not prohibit its exercise of that authority based on anticipatory claims of jurisdictional excess.
[1] A petition for a writ of prohibition challenging an administrative agency's jurisdiction is premature when it is based on anticipated future exercise of authority in exce…
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Join FLexlaw to unlock all legal intelligenceJEA petitioned for a writ of prohibition to prevent the Florida Public Service Commission from exercising authority it claimed was reserved to the jud…
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September 22, 2021 PER CURIAM.
JEA petitions this court for the entry of a writ prohibiting the Florida Public Service Commission from exercising authority reserved to the judiciary. But Petitioners are premature in anticipating that the PSC will carry out its statutory responsibilities in a manner that exceeds its jurisdiction. Cf. S. Fla. Cargo Carriers Ass’n, Inc. v. State Bd. of Pilot Comm’rs, 627 So. 2d 597, 598–99 (Fla. 1st DCA 1993). 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.
DENIED. B.L. THOMAS, OSTERHAUS, and M.K. THOMAS, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Susan Clark, Tom Crabb, and Laura Dennis of Radey Law Firm, Tallahassee, for Petitioner. William E. Sundstrom and Robert C. Brannan of Sundstrom & Mindlin, LLP, Tallahassee; John L. Wharton of Dean Mead & Dunbar, Tallahassee, for Respondent. Samantha M. Cibula and Kathryn G.W. Cowdery of the Florida Public Service Commission, Tallahassee.