ORANGE CITY WATER COMPANY, A FLORIDA CORPORATION, APPELLANT,
v.
TOWN OF ORANGE CITY, A MUNICIPAL CORPORATION ORGANIZED AND EXISTING UNDER THE LAWS OF THE STATE OF FLORIDA, APPELLEE

Fla. | 1971-12-01
Nos. 41176; Circuit Court No.: Civil Action No. 46346 Div. E
ROBERTS, C. J., and ERVIN, CARLTON, ADKINS, BOYD and McCAIN, JJ., concur.
255 So. 2d 257 Florida Supreme Court (1971) Positive Treatment
Cited by 6 cases

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Synopsis

Orange City Water Company challenged a special act giving the Town of Orange City authority to regulate water rates, claiming it violated equal protection. The Florida Supreme Court reversed the lower court's judgment and held that a 1971 comprehensive revision of the Water and Sewer System Regulatory Law superseded all prior special acts and vested exclusive jurisdiction in the Public Service Commission, eliminating the Town's regulatory authority.


Holding

The court reversed the lower court's judgment. The court held that Chapter 67-1815 was superseded by the 1971 comprehensive revision of the Water and Sewer System Regulatory Law (Chapter 71-278), which expressly provided that it would supersede all other laws on the same subject. The court held that the Public Service Commission has exclusive jurisdiction over water and sewer utilities in all of Volusia County, including its municipalities, and the Town of Orange City is without authority to regulate or fix rates of the Water Company. The court declined to address the constitutional question on equal protection grounds.


Headnotes

[1] A legislative revision intended to cover an entire subject of legislation implicitly repeals all former acts dealing with the same subject.

[2] A court will not decide the constitutionality of a statute if the case can be resolved on other grounds.

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Key Quotes

“This chapter shall supersede all other laws on the same subject”

The 1971 legislative revision explicitly stated it would supersede all prior laws on water and sewer regulation, manifesting clear legislative intent to repeal Chapter 67-1815

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Facts & Procedural History

Orange City Water Company supplied water within the Town of Orange City. In 1959, Florida enacted Chapter 367 granting the Public Service Commission e…

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Opinion of the Court
DEKLE, Justice.

DEKLE, Justice.

This cause is before us on direct appeal from the Circuit Court of Volusia County. Appellant brought this action for declaratory relief because of “doubt as to its rights and status in relation to the Town of Orange City and the Florida Public Service Commission” by reason of Ordinance No. 64-3-1, enacted by the Town of Orange City and House Bill No. 2117, Chapter 67-1815, a Special Act of the Florida Legislature, enabling Orange City to regulate water rates within its corporate limits on the one hand; and on the other, Fla. Stat. Ch. 367, F.S.A. Water and Sewer System Regulatory Law, granting “exclusive jurisdiction” of such regulation to the Public Service Commission.

Appellant water company unsuccessfully sought a declaration that the aforesaid Special Act (Ch. 67-1815) is unconstitutional on its face as class legislation (not being applicable to other water companies) and, therefore, violates petitioner’s constitutional right to equal protection under the law. We have jurisdiction pursuant to Fla. Const, art. V, § 4(2), F.S.A.

For an understanding of appellant’s dilemma, we must first look briefly at the 12-year history of this contest. In 1959, the Florida Legislature first enacted the “Water and Sewer System Regulatory Law,” now Fla. Stat. Chapter 367. Two days later, the Legislature adopted Chapter 59-1958, Laws of Florida, a Special Act, giving the County Commissioners of Volu-sia County independent authority to regulate sewer and other utilities in Volusia County outside the limits of any municipality. Thereafter, on March 16, 1964, the appellee, Orange City, enacted the aforementioned Ordinance No. 64-3-1 in question. This ordinance prescribes maximum rates and charges for the supply of water furnished by appellant within Orange City.

The 1959 Fla.Stat. § 367.21, F.S.A. had provided for the exclusive regulation by the Public Service Commission (hereafter P.S.C.) of all privately-owned water and sewer systems within the State of Florida, with exceptions not here relevant. Chapter 367 also had provided that jurisdiction in the P.S.C. would vest upon the adoption *259by the Board of County Commissioners of each county of a resolution declaring that such county is subject to the provisions of Chapter 367 and the submission of said resolution to the P.S.C. In September 1959, the Volusia County Commissioners adopted and submitted the necessary resolution to bring said county under the jurisdiction of the P.S.C.

Thereafter, appellant water company submitted an application to the P.S.C. for a rate-making proceeding. However, said application was rejected by the P.S.C. on the ground that Chapter 59-1958 (the special act giving the county independent regulatory authority) had entirely divested the P.S.C. of jurisdiction over public utilities in Volusia County. Appellant brought an action for mandamus against the P.S.C. On July 13, 1964, the Supreme Court of Florida held that although the aforesaid special act divested the P.S.C. of jurisdiction over areas in Volusia County outside municipalities, it did not divest the Commission of jurisdiction over public utilities within Volusia County municipalities. Orange City Water Co. v. Mason, 166 So.2d 449 (Fla. 1964). In the meantime, on June 26, 1964, (with seeming clairvoyance) the Volusia County Commissioners adopted a resolution purporting to repeal said Commissioners’ earlier resolution activating Chapter 367 in Volusia County in the first place.

On August 7, 1964, the appellant again filed a rate-making application with the P.S.C. which application this time was accepted and docketed as No. 7635-W. Orange City then filed a declaratory judgment action in the Circuit Court of Volu-sia County, seeking a determination as to the validity of the Volusia County Commission’s aforesaid resolution of June 26, 1964. The Circuit Judge ruled in favor of the Town and held valid the Volusia County Commission’s repeal of its earlier resolution, and the DCA affirmed. Orange City Water Co. v. Town of Orange City, 179 So.2d 883 (1st DCA Fla.1965). We reversed and held that the power to give effect to an option law does not carry by implication the power to abolish it; and that therefore the “resolution of the board of county commissioners repealing its resolution adopting Ch. 367, Fla.Stat., F.S.A. was of no legal effect and did not oust the jurisdiction of the Florida Public Utilities Commission.” Orange City Water Co. v. Town of Orange City, 188 So.2d 306 (Fla.1966). The P.S.C. now had jurisdiction pursuant to Chapter 367 to regulate public utilities in Volusia County.

This brings us “full circle” to the first mentioned special act in question, House Bill No. 2117, Chapter 67-1815, Laws of Florida, which became law on August 4, 1967. This is the latest (third) attempt to divest the P.S.C. of regulatory jurisdiction over water rates in the Town of Orange City by this newest special act. It will not work.

This Chapter 67-1815 relied on by ap-pellee, along with all other laws on the subject, were expressly superseded by a new, complete rewrite of the Water and Sewer System Regulatory Law in 1971 (Ch. 71-278 effective September 1, 1971). It particularly provided: “This chapter shall supersede all other laws on the same subject” [emphasis ours], Fla.Stat. § 367.011(4) (1971), F.S.A. The underlined portion of the above quotation clearly indicates that the Legislature intended its 1971 total revision to supersede all other laws on the same subject, whether special or general.1 Inasmuch as the able Circuit *260Judge entered his final judgment prior to the enactment of Chapter 71-278, he could not have considered the effect of this new Act.

The Revised Act by Fla.Stat. § 367.171 (2) (1971), F.S.A. lists SO counties that, due to variance in size, duties, etc., are excluded from the provisions of the act until such time as the Board of County Commissioners of each of the named counties, acting pursuant to the provisions of § 367.171(1), shall make the chapter applicable to such county by resolution of the County Commission. Volusia was not one of the 50 counties listed, so that no resolution of the Board of County Commissioners of Volusia County was required before coverage of the Act was extended to Volusia County by the terms of the Revised Act’s provisions.2 This intention is reinforced by the language of §§ 367.011(2) and (3) :

(2) The Florida public service commission shall have exclusive jurisdiction over each water/sewer utility with respect to its authority, service, rates and issuance and sale of its securities maturing more than twelve months after date of issue, except as provided in this chapter.
“(3) The regulation of water/sewer utilities is declared to be in the public interest, and this law is an exercise of the police power of the state for the protection of the public health, safety and welfare. The provisions of this law shall be liberally construed for the accomplishment of this purpose.”

In view of this disposition of the case under new Chapter 71-278, we do not need to reach the constitutional question raised by appellant. It is well settled that this Court will not decide the constitutionality of a statute where its decision can rest on other grounds. State ex rel. Losey v. Willard, 54 So.2d 183 (Fla.1951); Peters v. Brown, 55 So.2d 334 (Fla.1951).

Accordingly, the final judgment is reversed and, since Chapter 67-1815, Special Acts of Florida, was superseded by new Chapter 71-278, vesting exclusive regulation in the P.S.C. over water and sewer rates and service in all of Volusia County— including its municipalities — , the Appellee Town of Orange City is without authority to regulate or to fix rates of Appellant Water Company.

The cause is remanded to the Circuit Court of Volusia County for entry of judgment accordingly.

It is so ordered.

ROBERTS, C. J., and ERVIN, CARLTON, ADKINS, BOYD and McCAIN, JJ., concur.


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  • Oldham v. Rooks, 361 So. 2d 140 (Fla. 1978)
    …8 (1939). Nevertheless, when the legislature makes a complete revision of a subject it serves as an implied repeal of earlier acts dealing with the same subject unless an intent to the contrary is shown. Orange City Water Co. v. Town of Orange City, 255 So. 2d 257 (Fla.1971); State v. Newell, 85 So. 2d 124 (Fla.1956); Brevard County v. Board of Public Instruction of Brevard County, 159 Fla. 869, 33 So. 2d 54 (1947). It could be argued that there was a continued field of operation for Section 839.07, Florida S…
  • Dep't OF Revenue v. Amrep Corp., 358 So. 2d 1343 (Fla. 1978)
    …ted above, it contends that as to the third ground, this Court has found a presumption in favor of an implied repealer, where there is a complete and general revision of a subject by the legislature. See Orange City Water Co. v. Town of Orange City, 255 So. 2d 257 (Fla.1971); State v. Newell, 85 So. 2d 124 (Fla.1956); Brevard County v. Board of Public Instruction, 159 Fla. 869, 33 So. 2d 54 (1947); Realty Bond and Share Co. v. Englar, 104 Fla. 329, 143 So. 152 (1932). Appellant concedes that Department of Rev…
  • DeBOLT v. The Dep't OF Health & Rehabilitative Servs., 427 So. 2d 221 (Fla. 1st DCA 1983)
    …evertheless found that when the legislature makes a complete revision of a subject it serves as an implied repeal of earlier acts dealing with the same subject unless an intent to the contrary is shown. Orange City Water Co. v. Town of Orange City, 255 So. 2d 257 (Fla.1971); State v. Newell, 85 So. 2d 124 [*226] (Fla.1956); Brevard County v. Board of Public Instruction of Brevard County, 159 Fla. 869, 33 So. 2d 54 (1947). Id. at 143. The continuing vitality of the Oldham decision was evidenced by the court’…

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