Florida Statutes
Fla. Stat. § 366.03 (2025)
General duties of public utility.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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366.03 General duties of public utility.—Each public utility shall furnish to each person applying therefor reasonably sufficient, adequate, and efficient service upon terms as required by the commission. No public utility shall be required to furnish electricity or gas for resale except that a public utility may be required to furnish gas for containerized resale. All rates and charges made, demanded, or received by any public utility for any service rendered, or to be rendered by it, and each rule and regulation of such public utility, shall be fair and reasonable. No public utility shall make or give any undue or unreasonable preference or advantage to any person or locality, or subject the same to any undue or unreasonable prejudice or disadvantage in any respect.
History.—s. 3, ch. 26545, 1951; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 16, ch. 80-35; s. 2, ch. 81-318; ss. 1, 15, ch. 82-25; ss. 20, 22, ch. 89-292; s. 4, ch. 91-429.
Notes of Decisions
Cited in 20
cases (2 in the last 5 years), 1959–2025 · leading case: Consol. Gas Co. of Fla. v. City Gas Co. of Fla., 665 F. Supp. 1493 (S.D. Fla. 1987).
Consol. Gas Co. of Fla. v. City Gas Co. of Fla., 665 F. Supp. 1493 (S.D. Fla. 1987). “Moreover, because Fla.Stat. § 366.03 (1985) states that natural gas utilities shall not be required to resell gas, it is unclear whether the FPSC could compel City Gas to sell at any particular rate.”
Citizens of the State of Florida v. Art Graham, etc., 191 So. 3d 897 (Fla. 2016). “”); see also § 366.03, Fla. Stat. (2014) (“All rates and charges made, demanded, or received by any public utility .”
Pan Am. World Airways, Inc. v. FLA. PUB. SERV. COM'N, 427 So. 2d 716 (Fla. 1983). “FPL countered that the twenty-one deposit waivers were inadvertent and, in light of the enormous number of applications for service it receives, did not reflect a discriminatory intent toward Pan Am.”
Storey v. Mayo, 217 So. 2d 304 (Fla. 1968). “Fla. Stat. § 366.03 (1967), F.S.A.; Florida Power & Light Co.”
Richter v. Florida Power Corp., 366 So. 2d 798 (Fla. 2d DCA 1979). “The complaint alleged that the consumers had been forced to pay unreasonably high electrical rates because of excessive fuel adjustment charges [1] in violation of § 366.03, Fla. Stat. (1977). The complaint sought refunds of .”
Roberts v. Gator Freightways, Inc., 538 So. 2d 55 (Fla. 1st DCA 1989). “Notwithstanding the existence of a specific contract to provide electrical power, the court reasoned that FP & L's primary obligation arose, not from the contract with the mall owner, but rather from Section 366.”
Corp. De Gestion Ste-Foy v. Fla. Power & Light, 385 So. 2d 124 (Fla. 3d DCA 1980). “The established *126 law of the state, however, as expressed in Section 366.03, Florida Statutes (1977) is that "[N]o public utility shall make or give any undue or unreasonable preference .”
Arenado v. Florida Power & Light Co., 523 So. 2d 628 (Fla. 4th DCA 1988). “The appellant claims that the duty of FPL arises from one or more of three sources: (1) a statutory duty, (2) a contractual duty, and (3) a duty under the common law of torts.”
Florida Power & Light Co. v. Brown, 274 So. 2d 558 (Fla. 3d DCA 1973). “Florida Statutes, § 366.03, F.S.A., provides, inter alia: "Each public utility shall furnish to each person applying therefor reasonable sufficient, adequate and efficient service upon terms as required by the commission .”
Intern. Minerals & Chem. Corp. v. Mayo, 336 So. 2d 548 (Fla. 1976). “Gas and electric rates must be "fair and reasonable," Fla. Stat. § 366.03 , and, when rate adjustments are necessary because the rates are "unjust, unreasonable, insufficient, or unjustly discriminatory or preferential," Fla.”
Lee Cnty. Elec. Co-Op. v. Marks, 501 So. 2d 585 (Fla. 1987). “In November 1984, FPL sought from the PSC a declaratory judgment determining whether it had a statutory duty to serve a customer in FMM's position under section 366.03, Florida Statutes (1983). Both FPL and intervenor FMM asserted that such a duty existed because the customer…”
City Gas Co. v. Peoples Gas Sys., Inc., 182 So. 2d 429 (Fla. 1965). “Section 366.03 requires each public utility (i.”
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