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Florida Statute 366.04 - Full Text and Legal Analysis
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The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 366
PUBLIC UTILITIES
View Entire Chapter
F.S. 366.04
366.04 Jurisdiction of commission.
(1) In addition to its existing functions, the commission shall have jurisdiction to regulate and supervise each public utility with respect to its rates and service; assumption by it of liabilities or obligations as guarantor, endorser, or surety; and the issuance and sale of its securities, except a security which is a note or draft maturing not more than 1 year after the date of such issuance and sale and aggregating (together with all other then-outstanding notes and drafts of a maturity of 1 year or less on which such public utility is liable) not more than 5 percent of the par value of the other securities of the public utility then outstanding. In the case of securities having no par value, the par value for the purpose of this section shall be the fair market value as of the date of issue. The commission, upon application by a public utility, may authorize the utility to issue and sell securities of one or more offerings, or of one or more types, over a period of up to 12 months; or, if the securities are notes or drafts maturing not more than 1 year after the date of issuance and sale, the commission, upon such application, may authorize the utility to issue and sell such securities over a period of up to 24 months. The commission may take final action to grant an application by a public utility to issue and sell securities or to assume liabilities or obligations after having given notice in the Florida Administrative Register published at least 7 days in advance of final agency action. In taking final action on such application, the commission may deny authorization for the issuance or sale of a security or assumption of a liability or obligation if the security, liability, or obligation is for nonutility purposes; and shall deny authorization for the issuance or sale of a security or assumption of a liability or obligation if the financial viability of the public utility is adversely affected such that the public utility’s ability to provide reasonable service at reasonable rates is jeopardized. Securities issued by a public utility or liabilities or obligations assumed by a public utility as guarantor, endorser, or surety pursuant to an order of the commission, which order is certified by the clerk of the commission and which order approves or authorizes the issuance and sale of such securities or the assumption of such liabilities or obligations, shall not be invalidated by a modification, repeal, or amendment to that order or by a supplemental order; however, the commission’s approval of the issuance of securities or the assumption of liabilities or obligations shall constitute approval only as to the legality of the issue or assumption, and in no way shall it be considered commission approval of the rates, service, accounts, valuation, estimates, or determinations of cost or any other such matter. The jurisdiction conferred upon the commission shall be exclusive and superior to that of all other boards, agencies, political subdivisions, municipalities, towns, villages, or counties, and, in case of conflict therewith, all lawful acts, orders, rules, and regulations of the commission shall in each instance prevail.
(2) In the exercise of its jurisdiction, the commission shall have power over electric utilities for the following purposes:
(a) To prescribe uniform systems and classifications of accounts.
(b) To prescribe a rate structure for all electric utilities.
(c) To require electric power conservation and reliability within a coordinated grid, for operational as well as emergency purposes.
(d) To approve territorial agreements between and among rural electric cooperatives, municipal electric utilities, and other electric utilities under its jurisdiction. However, nothing in this chapter shall be construed to alter existing territorial agreements as between the parties to such agreements.
(e) To resolve, upon petition of a utility or on its own motion, any territorial dispute involving service areas between and among rural electric cooperatives, municipal electric utilities, and other electric utilities under its jurisdiction. In resolving territorial disputes, the commission may consider, but not be limited to consideration of, the ability of the utilities to expand services within their own capabilities and the nature of the area involved, including population, the degree of urbanization of the area, its proximity to other urban areas, and the present and reasonably foreseeable future requirements of the area for other utility services.
(f) To prescribe and require the filing of periodic reports and other data as may be reasonably available and as necessary to exercise its jurisdiction hereunder.

No provision of this chapter shall be construed or applied to impede, prevent, or prohibit any municipally owned electric utility system from distributing at retail electrical energy within its corporate limits, as such corporate limits exist on July 1, 1974; however, existing territorial agreements shall not be altered or abridged hereby.

(3) In the exercise of its jurisdiction, the commission shall have the authority over natural gas utilities for the following purposes:
(a) To approve territorial agreements between and among natural gas utilities. However, nothing in this chapter shall be construed to alter existing territorial agreements between the parties to such agreements.
(b) To resolve, upon petition of a utility or on its own motion, any territorial dispute involving service areas between and among natural gas utilities. In resolving territorial disputes, the commission may consider, but not be limited to consideration of, the ability of the utilities to expand services within their own capabilities and the nature of the area involved, including population, the degree of urbanization of the area, its proximity to other urban areas, and the present and reasonably foreseeable future requirements of the area for other utility services.
(c) For purposes of this subsection, “natural gas utility” means any utility which supplies natural gas or manufactured gas or liquefied gas with air admixture, or similar gaseous substance by pipeline, to or for the public and includes gas public utilities, gas districts, and natural gas utilities or municipalities or agencies thereof.
(4) Any customer shall be given an opportunity to present oral or written communications in commission proceedings to approve territorial agreements or resolve territorial disputes. If the commission proposes to consider such material, then all parties shall be given an opportunity to cross-examine or challenge or rebut it. Any substantially affected customer shall have the right to intervene in such proceedings.
(5) The commission shall further have jurisdiction over the planning, development, and maintenance of a coordinated electric power grid throughout Florida to assure an adequate and reliable source of energy for operational and emergency purposes in Florida and the avoidance of further uneconomic duplication of generation, transmission, and distribution facilities.
(6) The commission shall further have exclusive jurisdiction to prescribe and enforce safety standards for transmission and distribution facilities of all public electric utilities, cooperatives organized under the Rural Electric Cooperative Law, and electric utilities owned and operated by municipalities. In adopting safety standards, the commission shall, at a minimum:
(a) Adopt the 1984 edition of the National Electrical Safety Code (ANSI C2) as initial standards; and
(b) Adopt, after review, any new edition of the National Electrical Safety Code (ANSI C2).

The standards prescribed by the current 1984 edition of the National Electrical Safety Code (ANSI C2) shall constitute acceptable and adequate requirements for the protection of the safety of the public, and compliance with the minimum requirements of that code shall constitute good engineering practice by the utilities. The administrative authority referred to in the 1984 edition of the National Electrical Safety Code is the commission. However, nothing herein shall be construed as superseding, repealing, or amending the provisions of s. 403.523(1) and (10).

(7)(a) As used in this subsection, the term “affected municipal electric utility” means a municipality that operates an electric utility that:
1. Serves two cities in the same county;
2. Is located in a noncharter county;
3. Has between 30,000 and 35,000 retail electric customers as of September 30, 2007; and
4. Does not have a service territory that extends beyond its home county as of September 30, 2007.
(b) Each affected municipal electric utility shall conduct a referendum election of all of its retail electric customers, with each named retail electric customer having one vote, concurrent with the next regularly scheduled general election following the effective date of this act.
(c) The ballot for the referendum election required under paragraph (b) shall contain the following question: “Should a separate electric utility authority be created to operate the business of the electric utility in the affected municipal electric utility?” The statement shall be followed by the word “yes” and the word “no.”
(d) The provisions of the Election Code relating to notice and conduct of the election shall be followed to the extent practicable. Costs of the referendum election shall be borne by the affected municipal electric utility.
(8)(a) The commission shall regulate and enforce rates, charges, terms, and conditions of pole attachments, including the types of attachments regulated under 47 U.S.C. s. 224(a)(4), attachments to streetlight fixtures, attachments to poles owned by a public utility, or attachments to poles owned by a communications services provider, to ensure that such rates, charges, terms, and conditions are just and reasonable. The commission’s authority under this subsection includes, but is not limited to, the state regulatory authority referenced in 47 U.S.C. s. 224(c).
(b) In the development of rules pursuant to paragraph (g), the commission shall consider the interests of the subscribers and users of the services offered through such pole attachments, as well as the interests of the consumers of any pole owner providing such attachments.
(c) It is the intent of the Legislature to encourage parties to enter into voluntary pole attachment agreements, and this subsection may not be construed to prevent parties from voluntarily entering into pole attachment agreements without commission approval.
(d) A party’s right to nondiscriminatory access to a pole under this subsection is identical to the rights afforded under 47 U.S.C. s. 224(f)(1). A pole owner may deny access to its poles on a nondiscriminatory basis when there is insufficient capacity, for reasons of safety and reliability, and when required by generally applicable engineering purposes. A pole owner’s evaluation of capacity, safety, reliability, and engineering requirements must consider relevant construction and reliability standards approved by the commission.
(e) The commission shall hear and resolve complaints concerning rates, charges, terms, conditions, voluntary agreements, or any denial of access relative to pole attachments. Federal Communications Commission precedent is not binding upon the commission in the exercise of its authority under this subsection. When taking action upon such complaints, the commission shall establish just and reasonable cost-based rates, terms, and conditions for pole attachments and shall apply the decisions and orders of the Federal Communications Commission and any appellate court decisions reviewing an order of the Federal Communications Commission regarding pole attachment rates, terms, or conditions in determining just and reasonable pole attachment rates, terms, and conditions unless a pole owner or attaching entity establishes by competent substantial evidence pursuant to proceedings conducted pursuant to ss. 120.569 and 120.57 that an alternative cost-based pole attachment rate is just and reasonable and in the public interest.
(f) In the administration and implementation of this subsection, the commission shall authorize any petitioning pole owner or attaching entity to participate as an intervenor with full party rights under chapter 120 in the first four formal administrative proceedings conducted to determine pole attachment rates under this section. These initial four proceedings are intended to provide commission precedent on the establishment of pole attachment rates by the commission and help guide negotiations toward voluntary pole attachment agreements. After the fourth such formal administrative proceeding is concluded by final order, parties to subsequent pole attachment rate proceedings are limited to the specific pole owner and pole attaching entities involved in and directly affected by the specific pole attachment rate.
(g) The commission shall propose procedural rules to administer and implement this subsection. The rules must be proposed for adoption no later than January 1, 2022, and, upon adoption of such rules, shall provide its certification to the Federal Communications Commission pursuant to 47 U.S.C. s. 224(c)(2).
(9)(a) The commission shall regulate the safety, vegetation management, repair, replacement, maintenance, relocation, emergency response, and storm restoration requirements for poles of communication services providers. This subsection does not apply to a communications services provider that owns no poles.
(b) The commission shall adopt rules to administer and implement this subsection. The rules must be proposed for adoption no later than April 1, 2022, and must address at least the following:
1. Mandatory pole inspections, including repair or replacement;
2. Vegetation management requirements for poles owned by providers of communications services; and
3. Monetary penalties to be imposed upon any communications services provider that fails to comply with any such rule of the commission. Monetary penalties imposed by the commission must be consistent with s. 366.095.
(c) The commission may access the books and records of communications services providers to the limited extent necessary to perform its functions and to exercise its authority under subsection (8), this subsection, and s. 366.97(4). Upon request by a communications services provider, any records that are received by the commission under this paragraph which are proprietary confidential business information under s. 364.183 or s. 366.093 shall retain their status as confidential or exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
History.s. 4, ch. 26545, 1951; s. 1, ch. 63-288; s. 1, ch. 63-279; s. 1, ch. 65-52; s. 1, ch. 74-196; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 3, 16, ch. 80-35; s. 2, ch. 81-318; s. 4, ch. 86-173; ss. 2, 20, 22, ch. 89-292; s. 50, ch. 90-331; s. 4, ch. 91-429; s. 13, ch. 95-146; s. 16, ch. 2006-230; s. 37, ch. 2008-227; s. 32, ch. 2013-14; s. 66, ch. 2014-17; s. 3, ch. 2021-191; s. 29, ch. 2022-4.

F.S. 366.04 on Google Scholar

F.S. 366.04 on CourtListener

Amendments to 366.04


Annotations, Discussions, Cases:

Cases Citing Statute 366.04

Total Results: 57

City of Homestead v. Johnson

760 So. 2d 80, 25 Fla. L. Weekly Supp. 206, 2000 Fla. LEXIS 544, 2000 WL 283696

Supreme Court of Florida | Filed: Mar 16, 2000 | Docket: 1324885

Cited 57 times | Published

section 2, Laws of Florida (to be codified at section 366.04(2)(e), Florida Statutes (1989)[[5]]), the

PW Ventures, Inc. v. Nichols

533 So. 2d 281, 98 P.U.R.4th 533

Supreme Court of Florida | Filed: Oct 27, 1988 | Docket: 2516670

Cited 54 times | Published

909, 89 S.Ct. 1751, 23 L.Ed.2d 222 (1969). Section 366.04(3), Florida Statutes (1985), directs the PSC

Ameristeel Corp. v. Clark

691 So. 2d 473, 1997 WL 166244

Supreme Court of Florida | Filed: Apr 10, 1997 | Docket: 401058

Cited 23 times | Published

February 6, 1996, agenda conference pursuant to section 366.04(4), Florida Statutes (1995), and Rules 25-6

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

820 So. 2d 297, 2002 WL 825704

Supreme Court of Florida | Filed: May 2, 2002 | Docket: 1715438

Cited 21 times | Published

rate schedule. LCEC based its complaint on section 366.04(2)(b), Florida Statutes (1997), which gives

Florida Power Corp. v. City of Casselberry

793 So. 2d 1174, 2001 Fla. App. LEXIS 12976, 2001 WL 1048522

District Court of Appeal of Florida | Filed: Sep 14, 2001 | Docket: 1267063

Cited 20 times | Published

exercises its purchase option. See Fla. Stat. § 366.04(2); see also id. Ch. 166. Arbitration provisions

City Gas Company v. Peoples Gas System, Inc.

182 So. 2d 429

Supreme Court of Florida | Filed: Jul 14, 1965 | Docket: 1365676

Cited 18 times | Published

upon terms as required by the commission." Section 366.04 vests in the commission "jurisdiction to regulate

GULF COAST ELEC. CO-OP., INC. v. Johnson

727 So. 2d 259, 1999 WL 74016

Supreme Court of Florida | Filed: Feb 18, 1999 | Docket: 1729983

Cited 14 times | Published

requirements of the area for other utility services. § 366.04(2)(d), (e), Fla. Stat. (1997) (emphasis supplied)

Praxair, Inc. v. Florida Power & Light Co. Florida Power Corp.

64 F.3d 609, 1995 U.S. App. LEXIS 26483, 1995 WL 519150

Court of Appeals for the Eleventh Circuit | Filed: Sep 19, 1995 | Docket: 2402205

Cited 14 times | Published

operation of the regulated entities”); Fla.Stat. § 366.04(3) (directing the Commission to exercise its powers

City of Homestead v. Beard

600 So. 2d 450, 17 Fla. L. Weekly Supp. 273, 1992 Fla. LEXIS 877, 1992 WL 91420

Supreme Court of Florida | Filed: May 7, 1992 | Docket: 539218

Cited 14 times | Published

territorial agreement negotiated by the parties. See § 366.04(2)(d), Fla. Stat. (1989). [15] Public Serv. Comm'n

Consolidated Gas Company of Florida, Inc. v. City Gas Company of Florida, a Florida Corporation

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

issuance and sale of its securities.” Fla.Stat.Ann. § 366.04.4 In fixing rates, the FPSC is authorized to consider

Extraordinary Title Services, LLC v. Florida Power & Light Co.

1 So. 3d 400, 2009 Fla. App. LEXIS 1041, 2009 WL 321581

District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 60224879

Cited 13 times | Published

estimated federal corporate taxes; pursuant to section 366.04, Florida Statutes (2006),2 the Commission has

City of Tallahassee v. Mann

411 So. 2d 162, 1981 Fla. LEXIS 2762

Supreme Court of Florida | Filed: Jul 23, 1981 | Docket: 1697027

Cited 11 times | Published

so it could implement its jurisdiction under section 366.04(2), Florida Statutes (1977). After receiving

Biglen v. Florida Power & Light Co.

910 So. 2d 405, 2005 WL 2291913

District Court of Appeal of Florida | Filed: Sep 21, 2005 | Docket: 1744684

Cited 10 times | Published

http://www.impactrm. com/html/t.html. [3] Section 366.04(6), Florida Statutes (2004), provides that

Richter v. Florida Power Corp.

366 So. 2d 798, 1979 WL 396265

District Court of Appeal of Florida | Filed: Jan 23, 1979 | Docket: 1655562

Cited 9 times | Published

regulated utilities be "fair and reasonable," while § 366.04 gives the PSC exclusive jurisdiction "to regulate

WEST FLORIDA ELEC. CO-OPERATIVE ASSOCIATION v. Jacobs

887 So. 2d 1200, 2004 WL 2359979

Supreme Court of Florida | Filed: Oct 21, 2004 | Docket: 2371856

Cited 7 times | Published

for resolution of the territorial dispute. Section 366.04, Florida Statutes (2000), grants the commission

Utilities Com'n of New Smyrna Beach v. Fla. Psc

469 So. 2d 731, 10 Fla. L. Weekly 177

Supreme Court of Florida | Filed: Mar 21, 1985 | Docket: 1679497

Cited 7 times | Published

other electric utilities under its jurisdiction." § 366.04(2)(d), Fla. Stat. (1983). This Court has stated

Florida Public Service Com'n v. Bryson

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

Comm'n, 496 So.2d 116, 118 (Fla. 1986). In section 366.04(1) of the Florida Statutes (1987), the legislature

PUBLIC SERVICE COM'N v. Fuller

551 So. 2d 1210, 14 Fla. L. Weekly 566, 1989 Fla. LEXIS 1134, 1989 WL 139086

Supreme Court of Florida | Filed: Nov 16, 1989 | Docket: 1525619

Cited 6 times | Published

agreement and that the agreement was governed by section 366.04(2), Florida Statutes (1979). The PSC dismissed

Consol. Gas Co. of Fla. v. City Gas Co. of Fla.

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

between rural electric cooperatives (Fla.Stat. § 366.04).[11] By virtue of the fact that the legislature

Ft. Pierce, Etc. v. Florida Public Service Com'n

388 So. 2d 1031, 1980 WL 579665

Supreme Court of Florida | Filed: Sep 25, 1980 | Docket: 419513

Cited 6 times | Published

natural gas distribution company arises from section 366.04(1), Florida Statutes (1977), which reads in

Florida Power & Light Co. v. Glazer

671 So. 2d 211, 1996 WL 148584

District Court of Appeal of Florida | Filed: Apr 3, 1996 | Docket: 1248132

Cited 5 times | Published

PSC's jurisdiction and function. Specifically, section 366.04(1) provides in part that "the commission shall

Devon-Aire Villas Home. v. Americable Assoc.

490 So. 2d 60, 1985 WL 1083647

District Court of Appeal of Florida | Filed: Dec 17, 1985 | Docket: 1488795

Cited 5 times | Published

supplying electricity or gas to the public, and Section 366.04, Florida Statutes (1985), gives the Commission

Tampa Elec. Co. v. Garcia

767 So. 2d 428, 2000 WL 422871

Supreme Court of Florida | Filed: Apr 20, 2000 | Docket: 1661622

Cited 4 times | Published

Smyrna is regulated by the PSC pursuant to section 366.04(2), Florida Statutes (1997). [8] Pub.L. No

Lee County Elec. Co-Op. v. Marks

501 So. 2d 585, 12 Fla. L. Weekly 75

Supreme Court of Florida | Filed: Jan 22, 1987 | Docket: 538278

Cited 4 times | Published

generation, transmission, and distribution facilities." § 366.04(3), Fla. Stat. (1985). LCEC alleged in its petition

Gulf Coast Elec. v. Fla. Public Serv. Com'n

462 So. 2d 1092

Supreme Court of Florida | Filed: Jan 24, 1985 | Docket: 449511

Cited 4 times | Published

We reject both arguments and affirm the PSC. Section 366.04(2)(e), Florida Statutes (1983), enumerates

Peoples Gas System, Inc. v. City Gas Company

167 So. 2d 577, 1964 WL 117711

District Court of Appeal of Florida | Filed: Sep 2, 1964 | Docket: 1693956

Cited 4 times | Published

as to the issuance and sale of its securities. § 366.04, Fla. Stat., F.S.A.; (2) to require repairs, improvements

Citizens of the State of Florida, etc. v. Florida Public Service Commission

146 So. 3d 1143, 39 Fla. L. Weekly Supp. 519, 2014 Fla. LEXIS 2581, 2014 WL 4257733

Supreme Court of Florida | Filed: Aug 28, 2014 | Docket: 1171081

Cited 3 times | Published

[Commission] is a legislative function.”). Further, section 366.04, Florida Statutes, provides the Commission

Florida Power & Light v. LITTER STUDIOS

896 So. 2d 891, 2005 WL 475441

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 1282971

Cited 3 times | Published

v. Bryson, 569 So.2d 1253, 1254 (Fla.1990). Section 366.04 of the Florida Statutes states: "[T]he commission

Florida Power Corp. v. Seminole County

579 So. 2d 105, 16 Fla. L. Weekly Supp. 286, 1991 Fla. LEXIS 717, 1991 WL 66662

Supreme Court of Florida | Filed: May 2, 1991 | Docket: 1432389

Cited 3 times | Published

consideration, we conclude that FPC must prevail. Section 366.04(1), Florida Statutes (1989), expressly confers

Gulf Power Co. v. Public Service Com'n

480 So. 2d 97, 10 Fla. L. Weekly 627

Supreme Court of Florida | Filed: Dec 12, 1985 | Docket: 401056

Cited 3 times | Published

duplication of electrical facilities prohibited by section 366.04(3), Florida Statutes (1983). The PSC therefore

GAINESVILLE-ALACHUA, ETC. v. Clay Elec. Co-Op.

340 So. 2d 1159

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 1299168

Cited 3 times | Published

cooperatives [and] municipal electric utilities... ." Section 366.04(2)(e), Florida Statutes. Although the complaint

Ramos v. Florida Power & Light Co.

21 So. 3d 91, 2009 Fla. App. LEXIS 15801, 2009 WL 3364872

District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 1229243

Cited 2 times | Published

granted. The PSC, the Rules, and the Tariff Section 366.04, Florida Statutes (1997), grants to the PSC

Leah Vitrano, as Personal Representative of the Estate of Nicholas Vitrano v. Florida Power & Light Company

190 So. 3d 89, 2015 Fla. App. LEXIS 4268, 2015 WL 1334270

District Court of Appeal of Florida | Filed: Mar 25, 2015 | Docket: 2679438

Cited 1 times | Published

2001). The Florida legislature enacted section 366.04, Florida Statutes (1986), adopting the NESC

BARRANADA v. Florida Power & Light Co.

905 So. 2d 167, 2005 Fla. App. LEXIS 2459, 2005 WL 475426

District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 1711791

Cited 1 times | Published

National Electric Safety Code [NESC] as adopted by section 366.04(6)(b), Florida Statutes (1999).[1] The company

City Gas Co. v. Florida Public Service Commission

501 So. 2d 580, 12 Fla. L. Weekly 27, 1987 Fla. LEXIS 1389

Supreme Court of Florida | Filed: Jan 5, 1987 | Docket: 64624641

Cited 1 times | Published

Its argument is premised on the fact that section 366.04, Florida Statutes (1985), authorizes the commission

Lewis v. Public Service Commission

463 So. 2d 227, 10 Fla. L. Weekly 89, 1985 Fla. LEXIS 3411

Supreme Court of Florida | Filed: Jan 31, 1985 | Docket: 64609835

Cited 1 times | Published

rate structure of municipal electric utilities. § 366.04(2)(b), Fla.Stat. (1983). The rate structure of

NELSON P. SCHWOB v. JAMES C. GOSS

District Court of Appeal of Florida | Filed: Aug 7, 2019 | Docket: 16025075

Published

precludes them from doing directly. § 366.04(1), Fla. Stat. ("The jurisdiction conferred

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

191 So. 3d 897

Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065480

Published

prescribe a rate structure for all electric utilities. § 366,04(l)-(2), Fla. Stat. (2014); Pub. Serv. Comm’n v

& SC15-505 Board of County Commissioners Indian River County, Florida v. Art Graham, etc. & Board of County Commissioners of Indian River County, Florida v. Art Graham, etc.

191 So. 3d 890

Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065481

Published

PSC’s “exclusive and superior” authority under section 366.04, Florida Statutes) apply to its particular-

Miami-Dade County v. Florida Power & Light Co.

208 So. 3d 111, 46 Envtl. L. Rep. (Envtl. Law Inst.) 20080, 2016 Fla. App. LEXIS 5953

District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055572

Published

of FPC. Id. The Court stated that section 366.04(1), Florida Statutes (1989), expressly confers

Choctawhatchee Electric Cooperative, Inc. v. Art Graham, etc.

132 So. 3d 208, 39 Fla. L. Weekly Supp. 1, 2014 WL 68138, 2014 Fla. LEXIS 36

Supreme Court of Florida | Filed: Jan 9, 2014 | Docket: 400983

Published

one between CHELCO and Gulf Power is found in section 366.04(2), which provides that “the commission shall

Roemmele-Putney v. Reynolds

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

subsection which follows, section 366.02(2). Section 366.04, “Jurisdiction of commission,” in subsection

Florida Power & Light Co. v. FEO

24 So. 3d 737, 2009 Fla. App. LEXIS 20043, 2009 WL 4927938

District Court of Appeal of Florida | Filed: Dec 23, 2009 | Docket: 391962

Published

has exclusive jurisdiction over this matter. See § 366.04, Fla. Stat. (2009); Extraordinary Title Servs

Ago

Florida Attorney General Reports | Filed: Mar 3, 2005 | Docket: 3258109

Published

exceptions. One such exception is the language of section 366.04(2), Florida Statutes, which provides: "In the

Florida Progress Corp. v. United States

156 F. Supp. 2d 1265, 1999 WL 33305818

District Court, M.D. Florida | Filed: Dec 2, 1999 | Docket: 2187133

Published

7172(a)(1)(B), 16 U.S.C. § 824 and Fla. Stat. § 366.04. The parties have stipulated that, insofar as

Gulf Coast Electric Cooperative, Inc. v. Clark

674 So. 2d 120, 169 P.U.R.4th 662, 21 Fla. L. Weekly Supp. 221, 1996 Fla. LEXIS 900, 1996 WL 271187

Supreme Court of Florida | Filed: May 23, 1996 | Docket: 64764917

Published

substantially equal. The Commission also applied section 366.04(5), Florida Statutes (1993), which provides:

Praxair, Inc. v. FL Power & Light

Court of Appeals for the Eleventh Circuit | Filed: Sep 19, 1995 | Docket: 418790

Published

regulated entities"); Fla.Stat. § 366.04(3) (directing the Commission to exercise

Action Group v. Deason

615 So. 2d 683, 18 Fla. L. Weekly Supp. 156, 1993 Fla. LEXIS 443, 1993 WL 74254

Supreme Court of Florida | Filed: Mar 18, 1993 | Docket: 64695054

Published

jurisdiction, the only issue properly before us. . Section 366.04(2)(b), Florida Statutes (1991), grants the

City of Tallahassee v. Talquin Electric Cooperative, Inc.

549 So. 2d 725, 14 Fla. L. Weekly 2275, 1989 Fla. App. LEXIS 5370, 1989 WL 113236

District Court of Appeal of Florida | Filed: Sep 26, 1989 | Docket: 64645265

Published

sufficiently specific. We recognize that, pursuant to Section 366.04, Florida Statutes, any territorial disputes

Florida Power & Light Co. v. Nichols

516 So. 2d 260, 90 P.U.R.4th 562, 12 Fla. L. Weekly 601, 1987 Fla. LEXIS 2562

Supreme Court of Florida | Filed: Dec 10, 1987 | Docket: 64631337

Published

generation, transmission, and distribution facilities. § 366.04(3), Fla.Stat. (1985). Further, To assure efficient

Lake Worth Utilities Authority v. Barkett

433 So. 2d 1278, 1983 Fla. App. LEXIS 20837

District Court of Appeal of Florida | Filed: Jun 29, 1983 | Docket: 64598066

Published

discriminatory. This is statutorily provided in Section 366.-04(1), Florida Statutes (1981). Further, the primacy

Escambia River Electric Cooperative, Inc. v. Florida Public Service Commission

421 So. 2d 1384, 1982 Fla. LEXIS 2597, 1982 WL 893104

Supreme Court of Florida | Filed: Sep 2, 1982 | Docket: 64593362

Published

petition with the Commission under authority of section 366.-04(2)(e), Florida Statutes (1980 Supp.), seeking

Rosalind Holding Co. v. Orlando Utilities Commission

402 So. 2d 1209, 1981 Fla. App. LEXIS 20623, 1981 WL 610480

District Court of Appeal of Florida | Filed: Jul 22, 1981 | Docket: 64584811

Published

Commission (PSC).3 Effective July 1, 1974, section 366.04(2), Florida Statutes, was added to give the

Florida Power Corp. v. Hawkins

367 So. 2d 1011, 1979 Fla. LEXIS 4555, 1979 WL 396361

Supreme Court of Florida | Filed: Feb 8, 1979 | Docket: 64568702

Published

Commission entered its Order No. 7791 pursuant to Section 366.04(4), Florida Statutes (1975). The Commission

Gainesville-Alachua County Regional Electric, Water & Sewer Utilities Board v. Clay Electric Cooperative, Inc.

340 So. 2d 1159, 1976 Fla. LEXIS 4617

Supreme Court of Florida | Filed: Nov 12, 1976 | Docket: 64556503

Published

[and] municipal electric utilities . . . .” Section 366.04(2)(e), Florida Statutes. Although the complaint

Ago

Florida Attorney General Reports | Filed: Oct 9, 1974 | Docket: 3256570

Published

apply in any matter other than as specified in section 366.04(2) . . . to utilities owned and operated by

Peoples Gas System, Inc. v. Lynch

254 So. 2d 371, 91 P.U.R.3d 523, 1971 Fla. App. LEXIS 5733

District Court of Appeal of Florida | Filed: Oct 5, 1971 | Docket: 64523017

Published

Kuykendall, 135 Fla. 644, 185 So. 448 (1938); F.S. § 366.04, F.S.A. We hold that the trial court improperly