Florida Statutes

Fla. Stat. § 366.041 (2025)

Rate fixing; adequacy of facilities as criterion.

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366.041 Rate fixing; adequacy of facilities as criterion.—

(1) In fixing the just, reasonable, and compensatory rates, charges, fares, tolls, or rentals to be observed and charged for service within the state by any and all public utilities under its jurisdiction, the commission is authorized to give consideration, among other things, to the efficiency, sufficiency, and adequacy of the facilities provided and the services rendered; the cost of providing such service and the value of such service to the public; the ability of the utility to improve such service and facilities; and energy conservation and the efficient use of alternative energy resources; provided that no public utility shall be denied a reasonable rate of return upon its rate base in any order entered pursuant to such proceedings. In its consideration thereof, the commission shall have authority, and it shall be the commission’s duty, to hear service complaints, if any, that may be presented by subscribers and the public during any proceedings involving such rates, charges, fares, tolls, or rentals; however, no service complaints shall be taken up or considered by the commission at any proceedings involving rates, charges, fares, tolls, or rentals unless the utility has been given at least 30 days’ written notice thereof, and any proceeding may be extended, prior to final determination, for such period; further, no order hereunder shall be made effective until a reasonable time has been given the utility involved to correct the cause of service complaints, considering the factor of growth in the community and availability of necessary equipment.

(2) The power and authority herein conferred upon the commission shall not cancel or amend any existing punitive powers of the commission but shall be supplementary thereto and shall be construed liberally to further the legislative intent that adequate service be rendered by public utilities in the state in consideration for the rates, charges, fares, tolls, and rentals fixed by said commission and observed by said utilities under its jurisdiction.

(3) The term “public utility” as used herein means all persons or corporations which the commission has the authority, power, and duty to regulate for the purpose of fixing rates and charges for services rendered and requiring the rendition of adequate service.

(4) No electric utility may collect impact fees designed to recover capital costs in initiating new service unless the utility can demonstrate and the commission finds that such fees are fair, just, and reasonable and are collected from the ultimate utility customer of record at such time as or after permanent electric service is provided. This prohibition shall not apply to underground electric distribution lines or line extension charges collected pursuant to approved tariffs.

History.—ss. 1, 2, 3, 4, ch. 67-326; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 53, ch. 78-95; ss. 4, 16, ch. 80-35; s. 2, ch. 81-318; ss. 3, 20, 22, ch. 89-292; s. 4, ch. 91-429.

Notes of Decisions

Cited in 19 cases (1 in the last 5 years), 1968–2023 · leading case: Askew v. Bevis, 283 So. 2d 337 (Fla. 1973).

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Askew v. Bevis, 283 So. 2d 337 (Fla. 1973). · cites it 19× “Additionally, petitioner argues that Fla. Stat. § 366.041 , [3] F.S.A. which authorizes the commission *339 to consider rates and services in the same administrative proceeding, only permits the Commission to deny rate relief as a result of inadequate service.”

Citizens of the State of Florida v. Art Graham, etc., 191 So. 3d 897 (Fla. 2016). · cites it 4× “]” § 366.041(1), Fla. Stat. (2014). Section 366.”

Sierra Club v. Julie Imanuel Brown, etc., 243 So. 3d 903 (Fla. 2018). · cites it 3× “; see also § 366.041, Fla. Stat. (2017). Although we do not conclusively define the term today, see Citizens I , 146 So.”

Occidental Chem. Co. v. Mayo, 351 So. 2d 336 (Fla. 1977). · cites it 2× “[5] § 366.041(4), Fla. Stat. (1975); Greyhound Lines, Inc.”

Intern. Minerals & Chem. Corp. v. Mayo, 336 So. 2d 548 (Fla. 1976). · cites it 6× “" Although the Ohio statute is more explicit in defining "rate base," it does not differ substantially from Fla. Stat. § 366.041 (1), which is set forth in pertinent part at p.”

Citizens of the State of Florida, etc. v. Florida Pub. Serv. Comm'n, 146 So. 3d 1143 (Fla. 2014). · cites it 2× “When a settlement addresses rate levels and structures, section 366.041, Florida Statutes (2012), provides that the Commission may "give consideration, among other things, to the efficiency, sufficiency, and adequacy of the facilities provided and the services rendered; the cost…”

Florida Retail Fed'n, Inc. v. Mayo, 331 So. 2d 308 (Fla. 1976). · cites it 2× “" They add that, in fact, although "cost of service" was not computed with mathematical precision with respect to a particular class or grade of service, nonetheless testimony of Mr.”

Gulf Power Co. v. Florida Pub. Serv. Com'n, 453 So. 2d 799 (Fla. 1984). · cites it 2× “nent of rate base made by the commission was erroneous and contrary to the evidence; and 4) that the commission's denial of rates that will produce a reasonable rate of return for Gulf Power Company constitutes confiscation in violation of the fifth and fourteenth amendments of…”

Florida Power Corp. v. Seminole Cnty., 579 So. 2d 105 (Fla. 1991). · cites it 2× “§ 366.041(1), Fla. Stat. (1989); see also Gulf Power Co.”

United Tel. Co. of Florida v. Mayo, 215 So. 2d 609 (Fla. 1968). · cites it 2× “Squarely in the path of those who would oppose the ruling by the Commission is Fla. Stat. § 366.041 (1967), F.S.A., Ch. 67-326, Laws of Florida, which plainly authorizes what was done in this case for it expressly provides: "In fixing the just, reasonable, and compensatory…”

Action Grp. v. Deason, 615 So. 2d 683 (Fla. 1993). · cites it 3× “) Subsection (2) of section 366.041 provides that the Commission’s authority to set such rates, charges, fares, tolls, or rentals is to be “construed liberally.”

North Florida Water Co. v. Bevis, 302 So. 2d 129 (Fla. 1974). · cites it 2× “We agree with the respondent-Commission that the public should not be *130 compelled to pay increased rates because of an inefficient system.”

Show all 19 citing cases →

— 366.041(1) — 7 cases

Citizens of the State of Florida v. Art Graham, etc., 191 So. 3d 897 (Fla. 2016). “]” § 366.041(1), Fla. Stat. (2014). Section 366.”

Florida Retail Fed'n, Inc. v. Mayo, 331 So. 2d 308 (Fla. 1976). “" They add that, in fact, although "cost of service" was not computed with mathematical precision with respect to a particular class or grade of service, nonetheless testimony of Mr.”

Intern. Minerals & Chem. Corp. v. Mayo, 336 So. 2d 548 (Fla. 1976). “" Although the Ohio statute is more explicit in defining "rate base," it does not differ substantially from Fla. Stat. § 366.041 (1), which is set forth in pertinent part at p.”

Sierra Club v. Julie Imanuel Brown, etc., 243 So. 3d 903 (Fla. 2018). “; see also § 366.041, Fla. Stat. (2017). Although we do not conclusively define the term today, see Citizens I , 146 So.”

Florida Power Corp. v. Seminole Cnty., 579 So. 2d 105 (Fla. 1991). “§ 366.041(1), Fla. Stat. (1989); see also Gulf Power Co.”

— 366.041(4) — 1 case

Occidental Chem. Co. v. Mayo, 351 So. 2d 336 (Fla. 1977). “[5] § 366.041(4), Fla. Stat. (1975); Greyhound Lines, Inc.”

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