Florida Statutes

Fla. Stat. § 350.128 (2025)

Judicial review.

✓ 2025 Florida Statutes — current through the 2025 Regular Session
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350.128 Judicial review.
(1) As authorized by s. 3(b)(2), Art. V of the State Constitution, the Supreme Court shall, upon petition, review any action of the commission relating to rates or service of utilities providing electric, gas, or telephone service. The District Court of Appeal, First District, shall, upon petition, review any other action of the commission.
(2) Notice of such review shall be given by the petitioner to all parties who entered appearances of record in the proceedings before the commission in which the order sought to be reviewed was made.
(3) Such parties may file briefs in support of their interests, as such interests may appear, within the time and in the manner provided by the Florida Rules of Appellate Procedure.
(4) Such parties shall be entitled as a matter of right to make oral argument in support of their interests, as such interests may appear, in any case in which oral argument is granted by the court on the application of the petitioner or the respondent.
History.ss. 3, 6, ch. 80-289; ss. 2, 3, ch. 81-318; s. 6, ch. 87-50.
Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 1985–2024 · leading case: Hill Top Developers v. HOLIDAY PINES Serv., 478 So. 2d 368 (Fla. 2d DCA 1985).
Hill Top Developers v. HOLIDAY PINES Serv., 478 So. 2d 368 (Fla. 2d DCA 1985). · cites it 2× “§ 350.128(1), Fla. Stat.; Scholastic Systems, Inc.”
Florida Power & Light Co. v. Florida Pub. Serv. Comm'n, 31 So. 3d 860 (Fla. 1st DCA 2010). · cites it 2× “See § 350.128(1), Fla. Stat. (2008); Fla. Soc’y of Newspaper Editors, Inc.”
Florida Pub. Serv. Com'n v. Bryson, 569 So. 2d 1253 (Fla. 1990). · cites it 2× “030(a)(1)(B)(ii); § 350.128(1), Fla. Stat. (1987). Accordingly, we find that the circuit court does not have jurisdiction to act in the matter of H.”
Microtel, Inc. v. Florida Pub. Serv., 483 So. 2d 415 (Fla. 1986). · cites it 2× “This cause is before us to review Public Service Commission (PSC) order no. 13750 of October 5, 1984, and order no.”
At & T Commc'ns v. Marks, 515 So. 2d 741 (Fla. 1987). “; §§ 350.128 & 364.381, Fla. Stat.(1985). We affirm the order.”
Davis v. S. Bell Tel. & Tel. Co., 755 F. Supp. 1532 (S.D. Fla. 1991). · cites it 2× “In this case, it is undisputed that on January 27, 1983, the PSC issued an Order which suspended, pending hearing, the implementation of the new charges, including the unbundled IWMS charges, proposed by Southern Bell to the PSC on November 23, 1982 (“1982 Rate Case”).”
Callard v. Baez, 934 So. 2d 1184 (Fla. 2006). · cites it 2× “See § 350.128(1), Fla. Stat. (2005). It is so ordered.”
U.S. Sprint Commc'ns Co. v. Nichols, 534 So. 2d 698 (Fla. 1988). “; §§ 350.128 and 364.381, Fla.Stat. (1987).”
Pub. Couns. ex rel. Citizens of Florida v. Florida Pub. Serv. Comm'n & Pluris Wedgefield, LLC. (Fla. 1st DCA 2024). · cites it 6× “190(b)–(c) to address the specific nature of review directed by section 350.128, Florida Statutes. 2 _____________________________ Not final until disposition of any timely and authorized motion under Fla.”
Off. of Pub. Couns. v. Florida Pub. Serv. Comm'n, Pluris Wedgefield, LLC. (Fla. 1st DCA 2024). · cites it 4× “* We in turn treat the petition as one seeking review of action of the Florida Public Service Commission under section 350.128, Florida Statutes. That stated, the public counsel now has filed a notice of voluntary dismissal under Florida Rule of Appellate Procedure 9.”
Duke Energy Florida, LLC v. Gary F. Clark, etc. (Fla. 2022). · cites it 2× “; § 350.128(1), Fla. Stat. (2020), and for the reasons explained below reverse the Commission’s order and remand for entry of an order awarding the costs.”
Metro. Dade Cnty. v. Nichols, 517 So. 2d 691 (Fla. 1988). · cites it 2× “; § 350.128, Fla.Stat. (1985). In the order under appeal, PSC approved a request from Florida Power and Light Company (FPL) to establish a new and reduced rate which FPL would pay to qualified facilities for electric power cogenerat-ed on an as available basis.”
— 350.128(1) — 7 cases
Hill Top Developers v. HOLIDAY PINES Serv., 478 So. 2d 368 (Fla. 2d DCA 1985). “§ 350.128(1), Fla. Stat.; Scholastic Systems, Inc.”
Florida Power & Light Co. v. Florida Pub. Serv. Comm'n, 31 So. 3d 860 (Fla. 1st DCA 2010). “See § 350.128(1), Fla. Stat. (2008); Fla. Soc’y of Newspaper Editors, Inc.”
Florida Pub. Serv. Com'n v. Bryson, 569 So. 2d 1253 (Fla. 1990). “030(a)(1)(B)(ii); § 350.128(1), Fla. Stat. (1987). Accordingly, we find that the circuit court does not have jurisdiction to act in the matter of H.”
Callard v. Baez, 934 So. 2d 1184 (Fla. 2006). “See § 350.128(1), Fla. Stat. (2005). It is so ordered.”
Duke Energy Florida, LLC v. Gary F. Clark, etc. (Fla. 2022). “; § 350.128(1), Fla. Stat. (2020), and for the reasons explained below reverse the Commission’s order and remand for entry of an order awarding the costs.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.

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