Florida Statutes

Fla. Stat. § 366.02 (2025)

Definitions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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366.02 Definitions.—As used in this chapter:

(1) “Attaching entity” means a person that is a local exchange carrier, a public utility, a communications services provider, a broadband service provider, or a cable television operator that owns or controls pole attachments.

(2) “Commission” means the Florida Public Service Commission.

(3) “Communications services provider” means an entity providing communications services as defined in s. 202.11(1).

(4) “Electric utility” means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an electric generation, transmission, or distribution system within the state.

(5) “Pole” means a pole used for electric distribution service, streetlights, communications services, local exchange services, or cable television services which is owned in whole or in part by a pole owner. The term does not include a pole used solely to support wireless communications service facilities or a pole with no electrical facilities attached.

(6) “Pole attachment” means any attachment by a public utility, local exchange carrier communications services provider, broadband provider, or cable television operator to a pole, duct, conduit, or right-of-way owned or controlled by a pole owner.

(7) “Pole owner” means a local exchange carrier, a public utility, a communications services provider, or a cable television operator that owns a pole.

(8) “Public utility” means every person, corporation, partnership, association, or other legal entity and their lessees, trustees, or receivers supplying electricity or gas (natural, manufactured, or similar gaseous substance) to or for the public within this state; but the term “public utility” does not include either a cooperative now or hereafter organized and existing under the Rural Electric Cooperative Law of the state; a municipality or any agency thereof; any dependent or independent special natural gas district; any natural gas transmission pipeline company making only sales or transportation delivery of natural gas at wholesale and to direct industrial consumers; any entity selling or arranging for sales of natural gas which neither owns nor operates natural gas transmission or distribution facilities within the state; or a person supplying liquefied petroleum gas, in either liquid or gaseous form, irrespective of the method of distribution or delivery, or owning or operating facilities beyond the outlet of a meter through which natural gas is supplied for compression and delivery into motor vehicle fuel tanks or other transportation containers, unless such person also supplies electricity or manufactured or natural gas.

(9) “Redundant pole” means a pole owned or controlled by a pole owner which is:

(a) Near or adjacent to a new pole that is intended to replace the old pole from which some or all of the pole attachments have not been removed and transferred to the new pole;

(b) Left standing after the pole owner has relocated its facilities to underground but on which pole attachments of other attaching entities remain; or

(c) Left standing after a pole owner’s attachments have been removed from that route or location to accommodate a new route or design for the delivery of service.

History.—s. 2, ch. 26545, 1951; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 16, ch. 80-35; s. 2, ch. 81-318; ss. 1, 20, 22, ch. 89-292; s. 4, ch. 91-429; s. 14, ch. 92-284; s. 2, ch. 2021-191; s. 27, ch. 2022-4.

Notes of Decisions

Cited in 31 cases (3 in the last 5 years), 1953–2025 · leading case: Clay Elec. Co-Op., Inc. v. Johnson, 873 So. 2d 1182 (Fla. 2003).

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Clay Elec. Co-Op., Inc. v. Johnson, 873 So. 2d 1182 (Fla. 2003). · cites it 6× “Under section 366.02, Florida Statutes (2002), such entities are not considered "public utilities" and therefore, with limited exceptions, are outside the regulatory scope of chapter 366.”

Lee Cnty. Elec. Co-op., Inc. v. Jacobs, 820 So. 2d 297 (Fla. 2002). · cites it 6× “[2] Section 366.02, Florida Statutes (2001), provides the following definition for an electric utility: (2) "Electric utility" means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an *300 electric…”

Citizens of the State of Florida v. Art Graham, etc., 191 So. 3d 897 (Fla. 2016). · cites it 9× “Section 366.02(1), Florida Statutes (2014), defines a “public utility” as “every person, corporation, partnership, association, or other legal entity and their -6- lessees, trustees, or receivers supplying electricity or gas (natural, manufactured, or similar gaseous substance)…”

PW Ventures, Inc. v. Nichols, 533 So. 2d 281 (Fla. 1988). · cites it 5× “The decision hinges on the phrase "to the public," as it is used in section 366.02(1), Florida Statutes (1985).”

Gen. Motors Corp. v. Tracy, 519 U.S. 278 (1997). · cites it 2× “1996); Florida: Fla. Stat. Ann. §§ 366.02 (1), 366.03 (West Supp.”

United Gas Pipe Line Co. v. Bevis, 336 So. 2d 560 (Fla. 1976). · cites it 5× “Both sides agree that the Florida Legislature could repeal the exemption expressed in Section 366.02, Florida Statutes, and thereby extend the full jurisdiction of the Commission to direct industrial sales of natural gas by interstate pipe line transmission companies.”

Florida Pub. Serv. Com'n v. Bryson, 569 So. 2d 1253 (Fla. 1990). · cites it 4× “" § 366.02(1), Fla. Stat. (1987). The parties in interest agree that the PSC has no jurisdiction if Falk's complaint does not concern the (1) rates and service of (2) a public utility.”

Devon-Aire Villas Home. v. Americable Assoc., 490 So. 2d 60 (Fla. 3d DCA 1985). · cites it 4× “1st DCA 1976) (citing Section 366.02, Florida Statutes, and holding that under that statute a privately owned utility supplying electricity or gas and holding itself out to serve the general public is a public utility).”

Int'l Tel. & Tel. Corp. v. United Tel. Co., 60 F.R.D. 177 (M.D. Fla. 1973). · cites it 2× “3d 107 (April 23, 1970), the Florida Public Service Commission determined that “trailer parks, condominium housing units, apartment complexes, shopping centers, marinas, and other such businesses” engaged in the resale of electricity to their tenants are not “public utilities”…”

Advisory Opinion to the Attorney Gen. re Limits or Prevents Barriers to Local Solar Elec. Supply, 177 So. 3d 235 (Fla. 2015). · cites it 2× “” § 366.02(1), Fla. Stat. (2014). However, that definition excludes certain cooperatives, municipalities, and others.”

Amerson v. Jacksonville Elec. Auth., 362 So. 2d 433 (Fla. 1st DCA 1978). · cites it 2× “With limited exceptions, not relevant here, the jurisdiction of the PSC is limited to "public utilities", which are defined in Section 366.02, Florida Statutes (1975), as: .”

Sz Enter., LLC D/B/A Eagle Point Solar v. Iowa Utils. Bd., a Div. of the Dep't of Com., State of Iowa, 850 N.W.2d 441 (Iowa 2014). “at 282-83 (quoting Fla. Stat. § 366.02 (1) (1985)). Under the proposed agreement, PW Ventures would construct, own, and .”

Show all 31 citing cases →

— 366.02(1) — 9 cases

PW Ventures, Inc. v. Nichols, 533 So. 2d 281 (Fla. 1988). “The decision hinges on the phrase "to the public," as it is used in section 366.02(1), Florida Statutes (1985).”

Florida Pub. Serv. Com'n v. Bryson, 569 So. 2d 1253 (Fla. 1990). “" § 366.02(1), Fla. Stat. (1987). The parties in interest agree that the PSC has no jurisdiction if Falk's complaint does not concern the (1) rates and service of (2) a public utility.”

Citizens of the State of Florida v. Art Graham, etc., 191 So. 3d 897 (Fla. 2016). “Section 366.02(1), Florida Statutes (2014), defines a “public utility” as “every person, corporation, partnership, association, or other legal entity and their -6- lessees, trustees, or receivers supplying electricity or gas (natural, manufactured, or similar gaseous substance)…”

Advisory Opinion to the Attorney Gen. re Limits or Prevents Barriers to Local Solar Elec. Supply, 177 So. 3d 235 (Fla. 2015). “” § 366.02(1), Fla. Stat. (2014). However, that definition excludes certain cooperatives, municipalities, and others.”

Pichowski v. Florida Gas Transmission Co., 857 So. 2d 219 (Fla. 2d DCA 2003).

— 366.02(2) — 4 cases

Clay Elec. Co-Op., Inc. v. Johnson, 873 So. 2d 1182 (Fla. 2003). “Under section 366.02, Florida Statutes (2002), such entities are not considered "public utilities" and therefore, with limited exceptions, are outside the regulatory scope of chapter 366.”

Lee Cnty. Elec. Co-op., Inc. v. Jacobs, 820 So. 2d 297 (Fla. 2002). “[2] Section 366.02, Florida Statutes (2001), provides the following definition for an electric utility: (2) "Electric utility" means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an *300 electric…”

Roemmele-Putney v. Reynolds, 106 So. 3d 78 (Fla. 3d DCA 2013).

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