Florida Regulations 25-30.029: Legal Description of Service Area
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(1) The utility shall provide a legal description of the service area to be served, extended, deleted, or transferred in the following applications:
(a) An original certificate of authorization and initial rates and charges as provided in Fl. Admin. Code R. 25-30.033;
(b) An original certificate of authorization for an existing utility currently charging for service provided in Fl. Admin. Code R. 25-30.034;
(c) An original certificate of authorization following rescission of jurisdiction by a county as provided in Fl. Admin. Code R. 25-30.035;
(d) An extension of service area as provided in subsection 25-30.036(2) or (3), F.A.C.;
(c) A deletion of service area as provided in subsection 25-30.036(4), F.A.C.;
(f) A transfer of a regulated utility to another regulated utility as provided in subsection 25-30.037(2), F.A.C.;
(g) A transfer of an exempt entity to a regulated utility or transfer of a utility in a nonjurisdictional county to a regulated utility as provided in subsection 25-30.037(3), F.A.C.;
(h) A transfer of majority organizational control of a regulated utility as provided in subsection 25-30.037(4), F.A.C.;
(i) A transfer of a regulated utility to an exempt entity other than a governmental authority as provided in subsection 25-30.037(5), F.A.C.; or
(j) A partial transfer of a regulated utility to a governmental authority as provided in subFl. Admin. Code R. 25-30.038(2)(h)2.
(2) The legal description of the service area to be served, extended, deleted or transferred shall identify:
(a) A reference to township(s), range(s), land section(s), and county(s); and,
(b) A complete and accurate description of the service area to be served, added, deleted, or transferred. The description may reference interstates, state roads, local streets, and major bodies of water, but shall not rely on references to government lots, recorded plats or lots, tracts, or other recorded instruments. The description shall be provided in one of the following formats:
1. Sections. If the service area includes complete sections, the description shall only include the township, range, and section reference. If the service area includes partial sections, the description shall identify the subsections to be included or excluded.
2. Metes and bounds. The description shall identify a point of beginning which is referenced from either a section corner or a subsection corner, such as a quarter corner. The perimeter shall be described by traversing the service area boundary and closing at the point of beginning. The description shall identify all bearings and distances necessary to provide continuous description.
Rulemaking Authority 350.127(2), 367.045, 367.121(1) FS. Law Implemented 367.045, 367.071 FS. History—New 1-4-16.
Terms Used In Florida Regulations 25-30.029
- 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.
- 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.
(b) An original certificate of authorization for an existing utility currently charging for service provided in Fl. Admin. Code R. 25-30.034;
(c) An original certificate of authorization following rescission of jurisdiction by a county as provided in Fl. Admin. Code R. 25-30.035;
(d) An extension of service area as provided in subsection 25-30.036(2) or (3), F.A.C.;
(c) A deletion of service area as provided in subsection 25-30.036(4), F.A.C.;
(f) A transfer of a regulated utility to another regulated utility as provided in subsection 25-30.037(2), F.A.C.;
(g) A transfer of an exempt entity to a regulated utility or transfer of a utility in a nonjurisdictional county to a regulated utility as provided in subsection 25-30.037(3), F.A.C.;
(h) A transfer of majority organizational control of a regulated utility as provided in subsection 25-30.037(4), F.A.C.;
(i) A transfer of a regulated utility to an exempt entity other than a governmental authority as provided in subsection 25-30.037(5), F.A.C.; or
(j) A partial transfer of a regulated utility to a governmental authority as provided in subFl. Admin. Code R. 25-30.038(2)(h)2.
(2) The legal description of the service area to be served, extended, deleted or transferred shall identify:
(a) A reference to township(s), range(s), land section(s), and county(s); and,
(b) A complete and accurate description of the service area to be served, added, deleted, or transferred. The description may reference interstates, state roads, local streets, and major bodies of water, but shall not rely on references to government lots, recorded plats or lots, tracts, or other recorded instruments. The description shall be provided in one of the following formats:
1. Sections. If the service area includes complete sections, the description shall only include the township, range, and section reference. If the service area includes partial sections, the description shall identify the subsections to be included or excluded.
2. Metes and bounds. The description shall identify a point of beginning which is referenced from either a section corner or a subsection corner, such as a quarter corner. The perimeter shall be described by traversing the service area boundary and closing at the point of beginning. The description shall identify all bearings and distances necessary to provide continuous description.
Rulemaking Authority 350.127(2), 367.045, 367.121(1) FS. Law Implemented 367.045, 367.071 FS. History—New 1-4-16.