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The 2025 Florida Statutes
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F.S. 366.02366.02 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 366.02
Total Results: 24
873 So. 2d 1182, 2003 WL 22966277
Supreme Court of Florida | Filed: Dec 18, 2003 | Docket: 397879
Cited 193 times | Published
setting forth criteria governing such regulation); § 366.02(2), Fla. Stat. (1997) (defining "electric utility"
533 So. 2d 281, 98 P.U.R.4th 533
Supreme Court of Florida | Filed: Oct 27, 1988 | Docket: 2516670
Cited 54 times | Published
the phrase "to the public," as it is used in section 366.02(1), Florida Statutes (1985). In pertinent part
820 So. 2d 297, 2002 WL 825704
Supreme Court of Florida | Filed: May 2, 2002 | Docket: 1715438
Cited 21 times | Published
utilities.
§ 366.04(2), Fla. Stat. (2001).[2] Section 366.02, Florida Statutes (2001), provides the following
912 F.2d 1262, 118 P.U.R.4th 287, 1990 U.S. App. LEXIS 16430, 1990 WL 125506
Court of Appeals for the Eleventh Circuit | Filed: Sep 19, 1990 | Docket: 998055
Cited 14 times | Published
distributors, but not LP gas distributors. Fla.Stat.Ann. § 366.02.
. Section 366.04 was revised in 1989 and the
60 F.R.D. 177, 19 Fed. R. Serv. 2d 1140, 1973 U.S. Dist. LEXIS 12860
District Court, M.D. Florida | Filed: Jul 3, 1973 | Docket: 66068078
Cited 14 times | Published
“public utilities” within the meaning of Fla.Stat. § 366.02 because the resale of electricity was not “to
362 So. 2d 433, 1978 WL 391813
District Court of Appeal of Florida | Filed: Sep 1, 1978 | Docket: 416868
Cited 10 times | Published
to "public utilities", which are defined in Section 366.02, Florida Statutes (1975), as:
... every person
336 So. 2d 560, 1976 WL 352305
Supreme Court of Florida | Filed: Jan 7, 1976 | Docket: 1378620
Cited 10 times | Published
Legislature could repeal the exemption expressed in Section 366.02, Florida Statutes, and thereby extend the full
880 F.2d 297, 1989 U.S. App. LEXIS 11874, 1989 WL 81651
Court of Appeals for the Eleventh Circuit | Filed: Aug 10, 1989 | Docket: 821000
Cited 7 times | Published
authority granted to the Commission in Fla.Stat. § 366.02 to “prescribe fair and reasonable rates and charges”
569 So. 2d 1253, 15 Fla. L. Weekly Supp. 583, 1990 Fla. LEXIS 1582, 1990 WL 177000
Supreme Court of Florida | Filed: Nov 8, 1990 | Docket: 1189728
Cited 6 times | Published
gas ... to or for the public within this state." § 366.02(1), Fla. Stat. (1987).
The parties in interest
665 F. Supp. 1493, 1987 U.S. Dist. LEXIS 6926
District Court, S.D. Florida | Filed: Jul 24, 1987 | Docket: 1256628
Cited 6 times | Published
supplying LP gas is not a public utility. Fla.Stat. § 366.02 (1985). The powers of the FPSC with respect to
388 So. 2d 1031, 1980 WL 579665
Supreme Court of Florida | Filed: Sep 25, 1980 | Docket: 419513
Cited 6 times | Published
1979, Peoples, a public utility as defined in section 366.02, Florida Statutes (1977), applied to the Commission
490 So. 2d 60, 1985 WL 1083647
District Court of Appeal of Florida | Filed: Dec 17, 1985 | Docket: 1488795
Cited 5 times | Published
334 So.2d 351 (Fla. 1st DCA 1976) (citing Section 366.02, Florida Statutes, and holding that under that
334 So. 2d 351, 1976 WL 352274
District Court of Appeal of Florida | Filed: May 24, 1976 | Docket: 1309742
Cited 4 times | Published
directly or indirectly for compensation; . .." § 366.02, Florida Statutes.
The District Court of Appeal
340 So. 2d 1159
Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 1299168
Cited 3 times | Published
from regulation by this Commission pursuant to Section 366.02, Florida Statutes. However, a 1974 statutory
340 So. 2d 1159
Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 1299168
Cited 3 times | Published
from regulation by this Commission pursuant to Section 366.02, Florida Statutes. However, a 1974 statutory
857 So. 2d 219, 2003 WL 21819032
District Court of Appeal of Florida | Filed: Aug 8, 2003 | Docket: 1774072
Cited 2 times | Published
a public utility corporation. We disagree.
Section 366.02(1), Florida Statutes (2001), includes suppliers
177 So. 3d 235, 2015 WL 6387952
Supreme Court of Florida | Filed: Oct 22, 2015 | Docket: 60251164
Cited 1 times | Published
electricity ... to or for the public within this state.” § 366.02(1), Fla. Stat. (2014). However, that definition
District Court of Appeal of Florida | Filed: Nov 27, 2024 | Docket: 69419600
Published
other public utilities. The court also cited section 366.02, Florida Statutes
(2019), which defines certain
District Court of Appeal of Florida | Filed: Feb 21, 2024 | Docket: 68268129
Published
public within this state.” Id. at 282–83 (quoting
§ 366.02(1), Fla. Stat. (1985)). The Florida Public Service
191 So. 3d 897
Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065480
Published
]” § 366.041(1), Fla. Stat.
(2014).
Section 366.02(1), Florida Statutes (2014), defines a “public
Supreme Court of Florida | Filed: Oct 22, 2015 | Docket: 2991651
Published
. . to or for the public within this state.” § 366.02(1), Fla. Stat. (2014). However,
that definition
106 So. 3d 78, 2013 Fla. App. LEXIS 1756, 2013 WL 440222
District Court of Appeal of Florida | Filed: Feb 6, 2013 | Docket: 60228450
Published
a “public utility” within the definition of section 366.02(1), Florida Statutes (2011), it is an “electric
340 So. 2d 1159, 1976 Fla. LEXIS 4617
Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 64556503
Published
from regulation by this Commission pursuant to Section 366.02, Florida Statutes. However, a 1974 statutory
Florida Attorney General Reports | Filed: Oct 9, 1974 | Docket: 3256570
Published
and so is within the purview of your request. Section 366.02, F.S., defines a public utility as every corporation
