Florida Public Service Commission native order document 05316-2026

FILED 8/20/2026
DOCUMENT NO. 05316-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
DOCKET NO. 20260090- WS
ORDER NO. PSC-2026-0284-DS-WS
ISSUED: August 20, 2026
The following Commissioners participated in the disposition of this matter:
GABRIELLA PASSIDOMO SMITH, Chairman
GARY F. CLARK
MIKE LA ROSA
BOBBY PAYNE
ANA ORTEGA
FINAL ORDER DENYING PETITION FOR DECLARATORY STATEMENT
BY THE COMMISSION:
BACKGROUND
On June 	10, 2026, Rekisha Codogan (Petitioner) filed a petition for declaratory statement
(Petition) related to her dispute with Orange County 	Utilities. Orange County 	Utilities provides
water and wastewater services to the Petitioner’s property.
More broadly, 	the 	Petitioner asked us 	to determine 	if Section 	120.565, 	Florida 	Statutes
(F.S.), 	Rule 	28-105.001, 	Florida 	Administrative 	Code 	(F.A.C.), 	Rule 	28-105.002, 	F.A.C.,
Section 153.83, F.S., Chapter 153, F.S., and any applicable Orange County ordinance, resolution,
utility service policy, 	tariff, written customer-service procedure, or order governing the billing of
residential water and wastewater service was applicable 	to 	the 	Petitioner's particular residential
account and circumstances.
Pursuant to Section 120.565, F.S., and Rule 28-105.0024, F.A.C., a Notice of Declaratory
Statement was published in the June 	15, 2026, 	edition of the Florida Administrative Register to
inform substantially affected persons of the Petition.
LAW GOVERNING PETITIONS FOR DECLARATORY STATEMENT
Section 	120.565, 	F.S., 	sets 	forth 	the 	necessary 	elements 	of a 	petition 	for 	declaratory
statement. This section provides:
(1) Any substantially affected person may seek a declaratory statement regarding
an agency’s opinion as to the applicability of a statutory provision, or of any
In re: Petition for declaratory statement, by
Rekisha Codogan.

ORDER NO. PSC-2026-0284-DS-WS
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rule or order of the agency, as it applies to the petitioner’s particular set of
circumstances.
(2) The petition seeking a declaratory statement shall state with particularity the
petitioner’s set of circumstances and shall specify the statutory provision, rule, or
order that the petitioner believes may apply to the set of circumstances.
Rule 28-105.001, F.A.C., states the purpose of a declaratory statement:
A declaratory statement is a means for resolving a controversy or answering
questions or doubts concerning the applicability of statutory provisions, rules, or
orders over which the agency has authority. A petition for declaratory statement
may be used to resolve questions or doubts as to how the statutes, rules, or orders
may apply to the petitioner’s particular circumstances. A declaratory statement is
not the appropriate means for determining the conduct of another person.
If a petitioner meets the filing requirements provided by Rule 28-105.002, F.A.C., an
agency must issue a declaratory statement. Rule 28-105.003, F.A.C., provides the requirements
for how agencies must dispose of declaratory statements and states that an agency may rely on
the statements of fact set out in a petition without taking any position with regard to the validity
of the facts. A declaratory statement enables members of the public to resolve ambiguities of law
and obtain definitive, binding advice as to the applicability of agency law to a particular set of
facts.
DISCUSSION AND CONCLUSION
As already discussed, Section 120.565, F.S., allows substantially affected persons to seek
a declaratory statement regarding an agency’s opinion on the applicability of a statute, agency
rule, or agency order. Rule 28-105.001, F.A.C., a rule that implements Section 120.565, F.S.,
further clarifies that “a declaratory statement is a means for resolving a controversy or answering
questions or doubts concerning the applicability of statutory provisions, rules, or orders over
which the agency has authority.” Importantly, this rule implies that an agency may only issue a
declaratory statement for guidance on statutes, rules, or orders specifically under the agency’s
authority.
Chapter 367, F.S., governs whether, and to what extent, our statutes, rules, and regulatory
authority apply to a particular water or wastewater utility. Section 367.021(12), F.S., provides
that “[u]tility” refers to a “waste or wastewater utility . . . except as provided in s. 367.022.”
Section 367.022, F.S., lists certain entities that are not subject to regulation by us. Water and
wastewater utilities specifically exempt from our regulation include “systems owned, operated,
managed, or controlled by governmental authorities.”1 Consequently, we lack jurisdictional
authority and possess no regulatory oversight over county government actions concerning their
own water and wastewater utilities. Nor do we have jurisdictional authority or regulatory
1 Section 367.022(2), F.S

ORDER NO. PSC-2026-0284-DS-WS
DOCKET NO. 20260090-WS
PAGE 3
oversight over county government operated water and sewer systems’ 	service 	rules, 	ordinances,
orders, 	tariffs, policies, or written customer-service procedures.
Orange County Utilities 	is a water and wastewater system owned, operated, and managed
by 	the Orange County government. Thus, we do not have the regulatory 	authority 	to 	issue any
guidance on Orange County ordinances and resolutions, or Orange County 	Utility 	service 	rules,
ordinances, 	orders, 	tariffs, 	policies, 	or 	written 	customer-service 	procedures. 	Furthermore, we
cannot provide any 	interpretation on 	the 	applicability of Chapter 	153, 	F.S., 	to Orange County
Utilities, as we do not implement nor have authority to act pursuant to the 	statute.
Thus, we 	hereby 	deny 	the 	petition 	for 	declaratory 	statement 	as we 	do 	not have 	the
jurisdiction to issue the declaratory statement requested under Section 120.565, F.S.
Based on the foregoing, 	it is
ORDERED by 	the Florida Public Service Commission that Rekisha Codogan’s 	Petition
for Declaratory Statement 	is denied as 	set forth in the body of this Order. 	It 	is further
ORDERED that this docket shall be closed.
By ORDER of the Florida Public Service Commission this 20th day of August, 2026 	.
ADAM TEITZMAN^-^
Commission Clerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850)413-6770
www.floridapsc.com
Copies 	furnished: A 	copy 	of 	this 	document 	is
provided 	to 	the 	parties 	of record 	at 	the 	time 	of
issuance and, 	if applicable, interested persons.
ZB

ORDER NO. PSC-2026-0284-DS-WS
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NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any administrative hearing or judicial review of Commission orders
that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and
time limits that apply. This notice should not be construed to mean all requests for an
administrative hearing or judicial review will be granted or result in the relief sought.
Any party adversely affected by the Commission's final action in this matter may request:
1) reconsideration of the decision by filing a motion for reconsideration with the Office of
Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within
fifteen (15) days of the issuance of this order in the form prescribed by Rule 25-22.060, Florida
Administrative Code; or 2) judicial review by the Florida Supreme Court in the case of an
electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or
wastewater utility by filing a notice of appeal with the Office of Commission Clerk, and filing a
copy of the notice of appeal and the filing fee with the appropriate court. This filing must be
completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida
Rules of Appellate Procedure. The notice of appeal must be in the form specified in Rule
9.900(a), Florida Rules of Appellate Procedure.