Florida Statute 366.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 366
PUBLIC UTILITIES

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F.S. 366.02

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.

F.S. 366.02 on Google Scholar

F.S. 366.02 on Casetext

Amendments to 366.02

Arrestable Offenses / Crimes under Fla. Stat. 366.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 366.02.

Annotations, Discussions, Cases:

Cases Citing Statute 366.02

Total Results: 20

Layne Rachowicz v. Florida Fish and Wildlife Conservation Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2024-05-08T00:00:00-07:00

Snippet: and not the specific section 379.366 2 violations that we found his plea

Sun Gas Marketing & Petroleum, LLC v. BJ'S Wholesale Club, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2024-02-21T00:00:00-08:00

Snippet: public within this state.” Id. at 282–83 (quoting § 366.02(1), Fla. Stat. (1985)). The Florida Public Service

John Mathers and Brenda Mathers v. Wakulla County, a political subdivision etc.

Court: Fla. Dist. Ct. App. | Date Filed: 2017-05-02T00:00:00-07:00

Citation: 219 So. 3d 140, 2017 WL 1655252, 2017 Fla. App. LEXIS 6121

Snippet: apply to an electric utility, as defined in s. 366.02(2). The dedication shall vest all rights, title

Citizens of the State of Florida v. Art Graham, etc.

Court: Fla. | Date Filed: 2016-05-19T00:00:00-07:00

Citation: 191 So. 3d 897

Snippet: public[.]” § 366.041(1), Fla. Stat. (2014). Section 366,02(1), Florida Statutes (2014), defines a “public …, or distribution system within the state.” § ‘ 366.02(2), Fla. Stat. (2014). It is undisputed that FPL…reasonable rates for public utilities, and section 366.02(2) defines an electric utility as owning, maintaining

& SC15-890 Advisory Opinion to the Attorney General Re: Limits or Prevents Barriers to Local Solar Electricity Supply & Advisory Opinion to the Attorney General Re: Limits or Prevents Barriers to Local Solar Electricity Supply (FIS)

Court: Fla. | Date Filed: 2015-10-22T00:53:00-07:00

Snippet: . . to or for the public within this state.” § 366.02(1), Fla. Stat. (2014). However, that definition

Advisory Opinion to the Attorney General re Limits or Prevents Barriers to Local Solar Electricity Supply

Court: Fla. | Date Filed: 2015-10-22T00:00:00-07:00

Citation: 177 So. 3d 235, 2015 WL 6387952

Snippet: ... to or for the public within this state.” § 366.02(1), Fla. Stat. (2014). However, that definition

Roemmele-Putney v. Reynolds

Court: Fla. Dist. Ct. App. | Date Filed: 2013-02-06T00:00:00-08:00

Citation: 106 So. 3d 78, 2013 Fla. App. LEXIS 1756, 2013 WL 440222

Snippet: public utility” within the definition of section 366.02(1), Florida Statutes (2011), it is an “electric…utility” under the subsection which follows, section 366.02(2). Section 366.04, “Jurisdiction of commission

CHACKAL v. Staples

Court: Fla. Dist. Ct. App. | Date Filed: 2008-10-22T00:53:00-07:00

Citation: 991 So. 2d 949

Snippet: apply to an electric utility, as defined in s. 366.02(2). The dedication shall vest all rights, title

Ago

Court: Fla. Att'y Gen. | Date Filed: 2008-08-27T00:53:00-07:00

Snippet: facilities of electric utilities, as defined in s. 366.02, which are directly involved in the generation,

Amendments to Rules of Appellate Procedure

Court: Fla. | Date Filed: 2006-10-26T00:53:00-07:00

Citation: 941 So. 2d 352

Snippet: Motions for post-trial release, rule 9.140(g). *366 (2) Motions for stay pending appeal, rule 9.310. (

Ago

Court: Fla. Att'y Gen. | Date Filed: 2005-03-02T23:53:00-08:00

Snippet: be altered or abridged hereby." And see s. 366.02(2), Fla. Stat., defining "Electric utility…distribution system within the state."Compare s. 366.02(1), Fla. Stat., which excludes from the definition

Clay Elec. Co-Op., Inc. v. Johnson

Court: Fla. | Date Filed: 2003-12-18T00:00:00-08:00

Citation: 873 So. 2d 1182

Snippet: setting forth criteria governing such regulation); § 366.02(2), Fla. Stat. (1997) (defining "electric … electricity to a specified area. Under section 366.02, Florida Statutes (2002), such entities are not…scope of chapter 366. The majority cites section 366.02(2), Florida Statutes (2002), defining "electric

Pichowski v. Florida Gas Transmission Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2003-08-08T00:53:00-07:00

Citation: 857 So. 2d 219

Snippet: public utility corporation. We disagree. Section 366.02(1), Florida Statutes (2001), includes suppliers…does not qualify as a public utility under section 366.02(1) because it falls within the exclusion. Section…"public utility" contained in section 366.02(1) specifically excludes natural gas transmission

Ago

Court: Fla. Att'y Gen. | Date Filed: 2002-08-21T00:53:00-07:00

Snippet: , a public utility as defined by ss. 365.01 and 366.02, a law enforcement agency as defined bys. 934.02

LEE COUNTY ELEC. CO-OP., INC. v. Jacobs

Court: Fla. | Date Filed: 2002-05-02T00:53:00-07:00

Citation: 820 So. 2d 297

Snippet: defined in Section 366.02(2), Florida Statutes. Sections 366.04(2)(b) and 366.02(2), Florida Statutes…utilities. § 366.04(2), Fla. Stat. (2001).[2] Section 366.02, Florida Statutes (2001), provides the following…jurisdiction extends to all electric utilities. Section 366.02(2), Florida Statutes defines the term "electric…plain language used by the Legislature in Sections 366.02(2) and 366.04(2)(b), Florida Statutes, as discussed

Ago

Court: Fla. Att'y Gen. | Date Filed: 1997-03-06T23:53:00-08:00

Snippet: , a public utility as defined by ss. 365.01 and 366.02, a law enforcement agency as defined by s. 934.02

Florida Public Service Com'n v. Bryson

Court: Fla. | Date Filed: 1990-11-07T23:53:00-08:00

Citation: 569 So. 2d 1253

Snippet: to or for the public within this state." § 366.02(1), Fla. Stat. (1987). The parties in interest …subject to PSC jurisdiction pursuant to section 366.02(1), Florida Statutes (1985)); Fletcher Properties…relied on the language in sections 366.04(1) and 366.02(1) as the basis of its jurisdiction. The PSC found

PW Ventures, Inc. v. Nichols

Court: Fla. | Date Filed: 1988-10-27T00:53:00-07:00

Citation: 533 So. 2d 281

Snippet: quot;to the public," as it is used in section 366.02(1), Florida Statutes (1985). In pertinent part …unregulated if it were for natural gas services. Section 366.02(1) provides the following exemption: "[T]he…explained in the PSC order: In parallel with Section 366.02(1), Section 367.021, Florida Statutes (1985), defines…contradistinguishes them from a few. Thus if Section 366.02(1) is given its plain and ordinary meaning, a person

Sebring Utilities Com'n v. Home Sav. Ass'n

Court: Fla. Dist. Ct. App. | Date Filed: 1987-06-05T00:53:00-07:00

Citation: 508 So. 2d 26

Snippet: regulation by the Public Service Commission. See §§ 366.02, 366.11 and 367.022(2), Fla. Stat. (1983). However

Garcia v. State

Court: Fla. | Date Filed: 1986-06-05T00:53:00-07:00

Citation: 492 So. 2d 360

Snippet: trial court erred in adjudicating him guilty *366 of two robberies which were the underlying felonies