How to Fill Out Florida PSC Application for Authority to Transfer Certificate + FAQs

The Florida Public Service Commission Application for Authority to Transfer Certificate is the form a regulated water or wastewater utility files with the Florida Public Service Commission (PSC) to legally sell, assign, or transfer all or part of its Certificate of Authorization, its facilities, or its majority organizational control to another person or entity. The form is required by Section 367.071, Florida Statutes, and the procedure for filing it lives inside Rule 25-30.037, Florida Administrative Code.

If you transfer a certificate without PSC approval, the Commission can fine you under Section 367.161, Florida Statutes, and the seller stays on the hook for unpaid regulatory assessment fees, fines, and customer refunds. Florida has roughly 145 PSC-regulated private water and wastewater utilities, and transfer dockets account for a meaningful share of the Commission’s water docket activity each year, which means the agency reviews these filings closely.

Here is what this guide will teach you:

📋 What every box, schedule, and exhibit on the transfer application asks for and how to answer it
💰 The exact filing fee math under Section 367.145, Florida Statutes and how to calculate it from your gross revenue
🗂️ The complete pre-filing checklist of deeds, tariffs, and financial statements you must gather first
⚖️ How the “public interest” test works and what proof the PSC wants to see
🛑 The most common rejection triggers and how to avoid them before the Commission Clerk stamps your file

What the Form Is and Who Must File It

The Application for Authority to Transfer Certificate is the regulatory permission slip that lets a Florida-jurisdictional water or wastewater utility hand its certificate, its plant, or its controlling stock to a new owner. The form is grounded in Section 367.071, Florida Statutes, which says no utility may sell, assign, or transfer its certificate of authorization, its facilities, or majority organizational control without a Commission finding that the deal is in the public interest. The current paper form referenced by most filers carries a revision date in the early 1990s, but the substantive checklist now lives inside Rule 25-30.037, F.A.C., so always cross-check the rule before filing.

Filers fall into four buckets. First, the buyer and seller of a private water company file a joint application when both are willing and able to sign. Second, a buyer files alone when the seller is unavailable, deceased, or in bankruptcy. Third, a lender or assignee filing after foreclosure files under the foreclosure clause of Section 367.071(6), Florida Statutes. Fourth, a governmental authority buying a private system files a streamlined version because the sale is approved as a matter of right under Section 367.071(4)(a), Florida Statutes.

The form covers three different transactions that look the same legally. A sale of facilities moves the physical plant. An assignment moves the paper certificate. A transfer of majority organizational control moves more than 50% of the voting stock or membership interests. All three trigger the same application under Rule 25-30.037, F.A.C., and all three require the same “public interest” finding from the Commission.

Before You Start: Documents and Information You Need

Gathering paper before you open the form is the single biggest predictor of an approval on first review. The Florida PSC Water and Wastewater Certification Manual sets out exactly what staff looks for, and missing items are the leading cause of deficiency letters. Below is the minimum pre-filing checklist for the transferee.

Recorded deed or bill of sale. The PSC must see legal proof that title moved or will move. Without it, staff will issue a deficiency letter and stop the clock on the docket.
Closing or contract documents. A purchase and sale agreement, contingent on Commission approval, satisfies Section 367.071(1), Florida Statutes. Without a contract, staff cannot evaluate the deal.
Existing tariff and certificate. The current tariff, certificate number, and territorial description are needed because the Commission must amend the certificate to reflect the new owner under Section 367.071(4)(b), Florida Statutes.
Most recent annual report and rate base order. These let staff set or confirm the rate base for the buyer under Section 367.071(5), Florida Statutes.
Financial statements of the buyer. A balance sheet, income statement, and cash flow statement prove the buyer can run the system. Without them, staff cannot find the deal in the public interest.
Technical experience résumé. Operator licenses, prior utility experience, or a contract operator agreement demonstrate technical capability under Rule 25-30.037(2)(j), F.A.C..
Customer notice draft and mailing list. Notice to every customer, every utility within one mile, and every local government is required under Rule 25-30.030, F.A.C.. Skipping a name voids the notice.
Filing fee check. The fee is calculated from gross annual revenue under Section 367.145, Florida Statutes. The wrong fee triggers a deficiency letter the same day.
Affidavit of noticing. A sworn statement that notice was published and mailed, signed in front of a notary, must be filed within the rule’s deadline.
Statement of buyer’s financing. A loan commitment, equity contribution letter, or proof of cash on hand satisfies the financial-ability test inside Rule 25-30.037(2)(i), F.A.C..

Where to Get the Form and How to Access It

The official form lives on the Florida PSC Application and Tariff Forms page, and the direct download is the Application for Sale, Assignment or Transfer of Certificate or Facilities PDF. Always pull a fresh copy the day you start drafting because the Commission updates the schedules without changing the file name.

Filers who prefer electronic filing use the Florida PSC Electronic Filing portal, which routes the application directly into the Office of Commission Clerk. Paper filers mail or hand-deliver the original plus the required copies to 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850. Counsel and consultants who file regularly should also bookmark the Office of Commission Clerk filing instructions.

If your law firm or utility has never used the e-filing portal, set up the user account at least one week before you plan to file. The portal requires a confirmed e-mail address, and password resets can take up to 24 hours. The portal does not accept ZIP files or password-protected PDFs, so combine your exhibits into a single bookmarked PDF before uploading.

Step-by-Step: How to Fill Out the Florida PSC Transfer Application Line by Line

The form follows the structure of Rule 25-30.037, F.A.C., and most modern filings are organized as a cover application followed by lettered schedules A through O. Each field below should be answered using the exact language printed on the official PDF; do not paraphrase the field labels.

Caption and Docket Heading

The caption sits at the very top of the application and tells the Commission Clerk what kind of case to open. It reads “Application for Authority to Transfer” followed by the certificate numbers. The Clerk uses this caption to assign the docket number, so a sloppy caption produces a sloppy docket title that follows the file forever.

To answer the caption, write the buyer’s full legal name, the seller’s full legal name, both certificate numbers, and the county where the system sits. Sunshine Acres Utilities, Inc., Transferee, and Lakeview Water Company, Transferor; Water Certificate No. 412-W; Polk County is a clean example. The buyer’s name must match the entity name on the Florida Department of State Sunbiz registration, letter for letter.

A common edge case is a transfer that involves only the wastewater certificate and not the water certificate. Filers sometimes list both numbers out of habit and accidentally widen the docket. The most common mistake here is using a “doing business as” name in the caption, which causes the Clerk to open the docket under a name that does not match the buyer’s articles of incorporation, leading to amended notice and a delayed final order. A misconception filers carry is that the caption is just a label; in fact, it is the legal definition of the case and binds the parties.

Box 1 — Type of Application

Box 1 asks the filer to check whether the transaction is a sale, an assignment, a transfer of majority organizational control, or a transfer to a governmental authority. The check box determines which schedules are required and which are waived under Section 367.071(4)(a), Florida Statutes.

To answer, read the contract carefully. If the deal moves the physical plant, check “sale of facilities.” If it moves the paper certificate alone, check “assignment.” If it moves more than 50% of the stock or membership interests, check “transfer of majority organizational control.” A sale to a city, county, or special district is checked as “transfer to governmental authority.”

For example, Carlos Mendez, buying the stock of a small Brevard County water company, checks “transfer of majority organizational control” because no real estate moves; only the equity changes hands. The nuance is that some deals are both a sale of facilities and a stock transfer; in that case, check both boxes and explain the structure in the cover letter. The most common mistake is checking “sale of facilities” when the transaction is really a stock sale, which causes staff to demand schedules that do not apply and adds weeks to the docket. Filers often think the box is harmless boilerplate; in reality, it sets the entire schedule path.

Box 2 — Name and Address of Transferor (Seller)

Box 2 captures the seller’s legal name, mailing address, telephone number, and e-mail address. The Commission uses this address to send service of process, deficiency letters, and the final order, so any error here delays everything.

Enter the seller’s name exactly as it appears on the existing certificate. Use the corporate mailing address registered with Sunbiz, not the home address of an officer. Format the phone number as (863) 555-1212 and the e-mail in lowercase.

For example, Lakeview Water Company, 1500 Citrus Lane, Lake Wales, FL 33853, (863) 555-1212, billing@lakeviewwater.com is a clean entry. If the seller has dissolved during the closing, list the dissolved entity’s last good address and add the personal representative’s address as a secondary contact. The biggest mistake here is using the seller’s old DBA, which causes the Clerk to mismatch the docket against the certificate file. A common misconception is that the seller can use a P.O. Box; staff prefers a street address because some service of process cannot be made on a P.O. Box.

Box 3 — Name and Address of Transferee (Buyer)

Box 3 mirrors Box 2 but for the buyer. The Commission cross-checks this name against the buyer’s Sunbiz registration and against the buyer’s federal Employer Identification Number to confirm the entity actually exists.

Write the buyer’s legal name, principal mailing address, telephone, and e-mail. If the buyer is a brand-new entity formed for the transaction, attach the Sunbiz Certificate of Status as an exhibit because staff will ask for it.

Sunshine Acres Utilities, Inc., 200 Grove Road, Winter Haven, FL 33880, (863) 555-7878, ops@sunshineacres.com shows the format. The nuance is that a buyer formed in another state must register as a foreign entity with the Florida Department of State before the application is filed, or staff will issue a deficiency letter. The most common mistake is leaving the e-mail blank because filers think the agency will only mail; in fact, e-service is now standard at the PSC. A misconception is that the buyer’s name can be changed later by amendment; staff treats name changes after filing as a substantive amendment that resets some deadlines.

Box 4 — Certificate Number(s) Being Transferred

Box 4 asks for the existing water and wastewater certificate numbers and whether the entire certificate or only a portion is moving. This box, combined with Schedule A, defines the territorial scope of what changes hands.

Pull the certificate numbers from the most recent annual report or from the PSC docket search. Write the water number first, then the wastewater number, separated by a slash if both apply. Indicate “all” or “part” of each.

For instance, Water Certificate No. 412-W (all); Wastewater Certificate No. 366-S (all) tells staff the entire certificate is moving. The edge case is a partial transfer where only a subdivision peels off; in that case, attach a metes-and-bounds description of the area being transferred. The most common mistake is omitting the “W” or “S” suffix, which forces staff to guess and risks confusion with another utility’s certificate. A misconception is that the certificate number changes after transfer; in fact, the same number stays with the system, only the holder name changes.

Box 5 — Description of System and Service Area

Box 5 narrates the physical system: number of connections, plant capacity, source of supply, and a description of the service territory. The description has to match the legal description in the existing certificate.

Pull the connection count from the most recent annual report. State plant capacity in gallons per day. Describe the territory by section, township, and range, mirroring the language already on file. Add a county map as Schedule A.

For example, Janet Reyes writes “412 residential water connections; 0.250 MGD plant capacity; groundwater source; service area in Section 18, Township 28S, Range 26E, Polk County.” The nuance is that filers sometimes describe the territory using only street boundaries; staff requires the formal section/township/range language. The biggest mistake is reporting connection counts that do not match the most recent annual report, which raises immediate questions about reporting accuracy. Filers often think the territorial description can be loose; the Commission treats it as the legal boundary of the certificate.

Box 6 — Reason for the Transfer

Box 6 asks why the transfer is happening. The Commission uses this answer to weigh the public interest test under Section 367.071(1), Florida Statutes.

Answer in plain language. Owner retirement, estate sale, consolidation with a larger system, financial distress, and bankruptcy are all common and acceptable reasons. Avoid jargon and avoid silence; a blank answer reads like evasion.

For instance, Marcus Chen writes “The seller’s principal owner is retiring, and the buyer operates four nearby systems and intends to consolidate billing and treatment.” The edge case is a court-ordered sale, which should be answered with the case style and case number. The most common mistake is writing “private business decision” without elaboration, which invites staff to issue interrogatories. A misconception is that the reason does not really matter; in fact, the reason directly drives the public interest analysis.

Box 7 — Statement That the Transfer Is in the Public Interest

Box 7 is a sworn statement that the transfer is in the public interest. This is the heart of the application under Section 367.071(1), Florida Statutes.

Build a short paragraph that hits four points: the buyer is financially capable, the buyer is technically capable, customer rates will not rise solely because of the transfer, and existing service quality will be maintained or improved. Each point should reference an attached schedule.

Aisha Patel writes “The transferee is financially capable, as shown in Schedule G; technically capable, as shown in Schedule H; will honor the existing tariff with no rate change attributable to this transfer; and will continue or improve service quality.” The nuance is that promising rate decreases is not required and can backfire if circumstances change. The most common mistake is parroting the statute without pointing to evidence, which staff flags as conclusory. A misconception is that the public interest finding is automatic; in reality, staff routinely recommends denial of poorly supported applications.

Schedule A — Territory Description and Map

Schedule A is the legal territory description plus a county-level map showing the service area boundary. The schedule is required by Rule 25-30.030, F.A.C..

Use the same section/township/range language already on the certificate. Attach an 8.5×11 map at a scale that shows the entire territory. Mark roads and major water bodies for context.

For example, the schedule reads “All of Section 18, Township 28S, Range 26E, Polk County, less and except the following parcels recorded at Official Records Book 4500, Page 220.” The nuance is that the map cannot be a screenshot from a property appraiser’s website without a scale bar; staff requires a scaled map. The biggest mistake is filing a map without a north arrow or scale, which earns an automatic deficiency letter. A misconception is that the description can change in transfer; the territory must match unless the buyer is also seeking an amendment.

Schedule G — Financial Statements of Transferee

Schedule G holds the buyer’s most recent balance sheet, income statement, and cash flow statement. These prove financial ability under Rule 25-30.037(2)(i), F.A.C..

If the buyer is an existing company, attach the most recent audited or reviewed financials. If the buyer is a brand-new entity, attach the personal financial statement of the principal plus a loan commitment letter or equity contribution letter.

For example, Sunshine Acres Utilities, Inc. attaches its 2025 balance sheet showing $1.8 million in net assets, its 2025 income statement showing $620,000 in net income, and a $750,000 loan commitment letter from a community bank. The nuance is that staff accepts CPA-compiled statements for small utilities but prefers reviewed or audited statements when the deal is large. The most common mistake is attaching a tax return instead of a balance sheet; the two are not interchangeable. A misconception is that bank statements alone prove financial ability; staff wants formal financial statements.

Schedule H — Technical Capability of Transferee

Schedule H demonstrates technical capability through operator licenses, prior utility experience, or a written contract with a licensed operator.

List every Florida-licensed operator who will run the system, attach the FDEP operator license verification, and describe the buyer’s prior systems. If the buyer hires a contract operator, attach the signed contract.

Marcus Chen attaches his Class C Water Operator license, his three-year work history at a 1,200-connection system, and a letter from a Class B operator who will provide oversight. The nuance is that a buyer with no operating history can still qualify by retaining a licensed contract operator. The most common mistake is naming an operator without attaching the license; staff cannot verify a name alone. A misconception is that an out-of-state operator’s license counts; only Florida licenses satisfy the rule.

Schedule M — Customer Notice and Affidavit

Schedule M holds the customer notice draft, the certificate of mailing, and the notarized affidavit of noticing required by Rule 25-30.030, F.A.C..

Mail the notice to every customer, every utility within one mile of the territorial boundary, and the local governing body. Publish the notice once in a newspaper of general circulation in the county. Hold the notice open for at least 30 days for objections.

For example, the notice opens “Notice is hereby given that on June 1, 2026, Sunshine Acres Utilities, Inc., filed an application with the Florida Public Service Commission for authority to transfer Water Certificate No. 412-W from Lakeview Water Company.” The nuance is that the affidavit must be signed by the person who actually mailed the notices, not by counsel. The most common mistake is mailing notice before the docket number is assigned; staff requires the docket number on the notice. A misconception is that e-mail notice satisfies the rule; the rule requires first-class mail.

Filing Fee Calculation Block

The application includes a filing fee block tied to gross annual revenue under Section 367.145, Florida Statutes. The fee scales from the smallest tier (well under $1,000) to a statutory cap for the largest utilities; check the current schedule on the PSC fee page before writing the check.

Pull gross annual revenue from the most recent annual report. Match revenue to the tier published in the rule. Write a single check for water plus wastewater if both move together.

For example, Lakeview Water Company with $185,000 in water revenue and $96,000 in wastewater revenue cuts one check covering both tiers. The nuance is that a transfer to a governmental authority pays no fee under Section 367.071(3), Florida Statutes. The most common mistake is calculating the fee from net rather than gross revenue, which underpays and triggers a deficiency. A misconception is that the fee can be paid after the docket opens; staff requires the fee with the application.

Signature, Verification, and Notary Block

The signature block must be signed by an officer of the buyer (and the seller, if joint), under oath, before a Florida notary. The verification language is printed on the form and should not be edited.

Sign in blue ink if filing on paper. If filing electronically, use a notarized signature page scanned into the PDF. The notary stamp must show the commission expiration date.

Janet Reyes, as President of Sunshine Acres Utilities, Inc., signs and dates the verification page in front of a Polk County notary. The nuance is that a power-of-attorney signature is allowed only if the POA is recorded and attached. The most common mistake is signing without notary acknowledgment, which voids the verification. A misconception is that an electronic signature alone is enough; the Commission requires notarial acknowledgment of the verification.

Three Filled-Out Examples Using Real Scenarios

The three scenarios below show how different buyers walk the same form from caption to signature. Each scenario assumes the Florida PSC Application for Authority to Transfer and a real Florida system.

Scenario 1 — Carlos Mendez, Stock Buyer of a Small Brevard System

Form Section	What Carlos Enters
Caption	Carlos Mendez, Transferee; Coastal Wells, Inc., Transferor; Water Cert. No. 287-W; Brevard County
Box 1 — Type	Transfer of majority organizational control
Box 2 — Seller	Coastal Wells, Inc., 14 Atlantic Way, Cocoa, FL 32922
Box 3 — Buyer	Carlos Mendez, 88 Bayside Drive, Merritt Island, FL 32953
Box 4 — Certificate	Water Certificate No. 287-W (all)
Box 6 — Reason	Founder retiring; buyer is current general manager assuming ownership
Schedule G — Financials	Personal balance sheet plus $300,000 SBA loan commitment
Schedule H — Technical	Buyer’s Class C Water Operator license and 9 years’ on-site experience
Schedule M — Notice	Mailed to 188 customers, published in Florida Today, affidavit notarized
Fee	Calculated from $142,000 gross water revenue under Section 367.145, F.S.

Scenario 2 — Sunshine Acres Utilities, Inc., Consolidating a Polk County System

Form Section	What Sunshine Acres Enters
Caption	Sunshine Acres Utilities, Inc., Transferee; Lakeview Water Company, Transferor; Cert. Nos. 412-W and 366-S; Polk County
Box 1 — Type	Sale of facilities and assignment of certificates
Box 3 — Buyer	Sunshine Acres Utilities, Inc., 200 Grove Road, Winter Haven, FL 33880
Box 4 — Certificate	Water Cert. No. 412-W (all); Wastewater Cert. No. 366-S (all)
Box 5 — System	412 water connections; 0.250 MGD; 380 wastewater connections; 0.150 MGD
Box 7 — Public Interest	Buyer operates four nearby systems; no rate change attributable to transfer
Schedule G — Financials	Audited 2025 financials; $1.8M net assets; $750,000 acquisition loan
Schedule H — Technical	In-house Class B operator and FDEP-certified maintenance staff
Schedule M — Notice	792 customer notices mailed; published in Lakeland Ledger
Fee	Combined water and wastewater fee per Section 367.145, F.S.

Scenario 3 — City of Springfield, Governmental Buyer of a Failing System

Form Section	What the City Enters
Caption	City of Springfield, Transferee; Pinewood Utilities, Transferor; Wastewater Cert. No. 510-S
Box 1 — Type	Transfer to governmental authority
Box 2 — Seller	Pinewood Utilities, LLC, 600 Pine Ridge Road, Springfield, FL 32401
Box 3 — Buyer	City of Springfield, 100 City Hall Plaza, Springfield, FL 32401
Box 4 — Certificate	Wastewater Certificate No. 510-S (all)
Box 6 — Reason	Seller in financial distress; city assuming service to protect customers
Box 7 — Public Interest	Approval as a matter of right under Section 367.071(4)(a), F.S.
Schedule G — Financials	City CAFR and bond rating letter
Schedule M — Notice	Notice waived for governmental transfer; council resolution attached
Fee	None — governmental authority exempt under Section 367.071(3), F.S.

How to File the Completed Form

Florida offers two filing channels for the transfer application, and the Office of Commission Clerk accepts both. Pick the channel that matches your firm’s workflow and the size of the exhibits.

The first channel is the PSC Electronic Filing portal. Upload a single bookmarked PDF that contains the application, all schedules, and the notarized verification page. Pay the filing fee by check mailed separately to the Office of Commission Clerk because the portal does not accept fee payments online. Processing of the docket opening typically happens the same business day, and your proof of filing is the system-generated confirmation e-mail.

The second channel is paper. Mail or hand-deliver the original plus the required copies to the Office of Commission Clerk, Florida Public Service Commission, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850. Include the filing fee check made payable to the “Florida Public Service Commission.” Processing typically takes one to three business days, and your proof of filing is the date-stamped receipt copy.

Either way, the substantive review takes 90 to 180 days for an uncontested transfer and longer for contested or complex deals. Save every confirmation, mailing receipt, and certified-mail green card; staff will ask for them if any noticing question comes up later.

What Happens After You File

Once the Clerk opens the docket, staff assigns a primary analyst from the Division of Economics and a primary engineer from the Division of Engineering. They review the application against Rule 25-30.037, F.A.C., and if anything is missing they issue a deficiency letter that pauses the docket clock until you cure.

If no protest is filed during the 30-day customer notice window, the case usually moves through the Commission’s Proposed Agency Action (PAA) process. A PAA order grants the transfer, sets the rate base under Section 367.071(5), Florida Statutes, and amends the certificate to show the new owner. Recent transfer orders are searchable on the PSC docket list.

If a customer or competing utility protests within 21 days of the PAA order, the case converts to a full evidentiary hearing. That path can add six to twelve months and almost always requires expert witnesses on rate base, financial ability, and technical ability.

Mistakes to Avoid When Filling Out the Form

The mistakes below are the ten that most often produce a deficiency letter or a denial under Rule 25-30.037, F.A.C..

Filing the wrong revision of the form. Old form versions omit current schedules and trigger an immediate deficiency.
Mismatched legal names. The buyer’s name on the application must match Sunbiz exactly, or the docket caption is wrong.
Wrong fee tier. Calculating the fee from net revenue instead of gross revenue underpays and stops the clock.
Missing Schedule G. Without financial statements, staff cannot find the buyer financially capable.
Missing Schedule H. Without technical evidence, staff cannot find the buyer technically capable.
Defective customer notice. Mailing notice before the docket is opened forces a re-noticing and 30 more days.
Skipping notice to nearby utilities. Rule 25-30.030 requires notice to utilities within one mile, and staff checks.
Unsigned verification. A verification without notary acknowledgment voids the application.
Filing without a signed contract. Section 367.071 requires that a pre-approval transfer be contingent on PSC approval, evidenced by a written contract.
Ignoring foreclosure rules. Foreclosure transferees must continue service uninterrupted under Section 367.071(6) and cannot dismantle plant.

Do’s and Don’ts

The shortcuts below come from filings that staff has flagged in published PSC orders.

Do use the Sunbiz legal name everywhere because consistency speeds the Clerk’s work.
Do file the contract as a single exhibit because staff likes one easy-to-find document.
Do keep the customer notice plain and short because regulators read every line.
Do call the Division of Economics analyst early because a five-minute call prevents a five-week deficiency.
Do save every certified mail receipt because the affidavit relies on them.
Do check the fee schedule the morning you file because tiers can be updated.
Don’t edit the verification language because the rule requires the printed wording.
Don’t rely on a P.O. Box for either party because service of process can fail.
Don’t skip exhibits “to keep it short” because a thin filing reads as unprepared.
Don’t promise rate decreases unless you can prove them because broken promises undermine future filings.
Don’t submit password-protected PDFs because the e-portal will reject them.
Don’t wait until the closing date to file because pre-approval contracts are the safer path.

Pros and Cons of Filing on Your Own vs. With Help

Self-filing keeps fees down but raises risk for first-time filers. Hiring counsel costs more up front but reduces the chance of a deficiency.

Pros of self-filing:

Saves legal fees, often $5,000 to $25,000 for a small system
Forces the buyer to learn the Rule 25-30.037, F.A.C. requirements firsthand
Lets the buyer build a direct working relationship with PSC staff
Faster turnaround on internal questions because there is no go-between
Works well for transfers to governmental authorities, which are approved as a matter of right

Cons of self-filing:

Higher risk of deficiency letters that delay the docket
Easier to miscalculate the filing fee under Section 367.145, F.S.
Customer notice errors are common and expensive to cure
Public interest narrative often reads as conclusory without legal training
Self-filers sometimes miss the foreclosure rules in Section 367.071(6), F.S.

Pros of hiring counsel or a regulated-utility consultant:

Drafts a public interest narrative that points cleanly to evidence
Knows which schedules trigger which staff divisions
Manages the noticing process and notarial requirements
Handles protests if they arise, avoiding scrambles
Speeds the docket because staff recognizes experienced counsel

Cons of hiring help:

Adds direct cost that may exceed the value of a small system
Slower internal communication if counsel is a bottleneck
Risk of “boilerplate” filings that miss system-specific facts
Some consultants are not licensed attorneys and cannot represent the buyer at hearing
Conflict checks may delay engagement

FAQs

Do I need PSC approval before I close on the purchase of a Florida water utility?

Yes. A transfer can occur before approval only if the contract is contingent on Commission approval; otherwise the seller faces penalties under Section 367.161, Florida Statutes.

Is there a filing fee for a transfer to a city or county?

No. A governmental authority pays no fee under Section 367.071(3), Florida Statutes.

Do I file in Box 1 as “sale” or “assignment” if only the stock is moving?

No. A pure equity deal is a “transfer of majority organizational control”; do not check “sale” because no real estate moves.

Should Box 4 list the certificate number with the “W” or “S” suffix?

Yes. Always include the suffix because it identifies water versus wastewater and prevents staff confusion.

Do I write a P.O. Box in Box 2 if that is the seller’s only address?

No. Use a street address whenever possible because some service of process cannot be made on a P.O. Box.

Is the customer notice in Schedule M required by mail or by e-mail?

No. E-mail does not satisfy Rule 25-30.030, F.A.C.; first-class mail is required.

Do I have to provide audited financials in Schedule G?

No. Compiled or reviewed statements are accepted for small utilities, though audits are preferred for larger deals.

Is a Class C operator license enough for technical capability in Schedule H?

Yes. A Class C license can satisfy the rule for small water systems if paired with adequate operating experience.

Do I need a recorded deed before filing?

No. A signed purchase contract contingent on PSC approval is enough; the deed can be recorded after approval.

Is the public interest finding automatic if no one objects?

No. Staff still tests financial ability, technical ability, and rate impact before recommending approval.

Do I need to file separate applications for the water and wastewater certificates?

No. A single combined application covers both certificates when they move together.

Is the transfer effective the day the PAA order issues?

No. A PAA order becomes effective only after the 21-day protest window closes without a timely protest.

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