Florida Statute 366.041 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 366
PUBLIC UTILITIES

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F.S. 366.041

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.

F.S. 366.041 on Google Scholar

F.S. 366.041 on Casetext

Amendments to 366.041

Arrestable Offenses / Crimes under Fla. Stat. 366.041

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 366.041.

Annotations, Discussions, Cases:

Cases Citing Statute 366.041

Total Results: 17

Floridians Against Increased Rates, Inc. v. Gary F. Clark, etc.

Court: Fla. | Date Filed: 2023-09-28T00:00:00-07:00

Snippet: efficient use of alternative energy resources.” § 366.041(1), Fla. Stat. (2021). And the Legislature has

Safepoint Ins. Co. v. Sousa

Court: Fla. Dist. Ct. App. | Date Filed: 2019-04-17T00:53:00-07:00

Snippet: estimate for the Insured’s claim, totaling $177,366.41, dated March 27, 2018. That estimate was prepared

Sierra Club v. Julie Imanuel Brown, etc.

Court: Fla. | Date Filed: 2018-05-17T00:00:00-07:00

Citation: 243 So. 3d 903

Snippet: § 366.06(1), Fla. Stat.; see also § 366.041, Fla. Stat. (2017). Although we do not conclusively…consider the development of renewable energy. §§ 366.041(1), 366.81, 366.92, Fla. Stat. (2017). Correspondingly

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: the value of such service to the public[.]” § 366.041(1), Fla. Stat. (2014). Section 366,02(1), Florida

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

Court: Fla. | Date Filed: 2014-08-28T00:00:00-07:00

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

Snippet: addresses rate levels and structures, section 366.041, Florida Statutes (2012), provides that the Commission

Florida Power & Light Co. v. Florida Public Service Commission

Court: Fla. Dist. Ct. App. | Date Filed: 2010-03-03T00:00:00-08:00

Citation: 31 So. 3d 860, 30 I.E.R. Cas. (BNA) 805, 2010 Fla. App. LEXIS 2528, 2010 WL 728211

Snippet: requested utility rate increase. §§ 366.04(1)-(2), 366.041(1), & 366.06, Fla. Stat. (2008). Progress Energy

Action Group v. Deason

Court: Fla. | Date Filed: 1993-03-18T00:00:00-08:00

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

Snippet: service to a given class of customers. Section 366.041(1), Florida Statutes (1991), provides that in fixing….. (Emphasis added.) Subsection (2) of section 366.041 provides that the Commission’s authority to set

Florida Power Corp. v. Seminole County

Court: Fla. | Date Filed: 1991-05-02T00:53:00-07:00

Citation: 579 So. 2d 105

Snippet: sufficient to make a reasonable rate of return. § 366.041(1), Fla. Stat. (1989); see also Gulf Power Co.

City Gas Co. v. Florida Public Service Commission

Court: Fla. | Date Filed: 1987-01-05T00:00:00-08:00

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

Snippet: efficient use of alternative energy resources.” § 366.041, Fla.Stat. (1985). The commission must also consider

Gulf Power Co. v. FLORIDA PUB. SERVICE COM'N

Court: Fla. | Date Filed: 1984-07-12T00:53:00-07:00

Citation: 453 So. 2d 799

Snippet: Constitution of the State of Florida, section 366.041, Florida Statutes (1981), and exceeds its authority

Occidental Chemical Company v. Mayo

Court: Fla. | Date Filed: 1977-07-14T00:53:00-07:00

Citation: 351 So. 2d 336

Snippet: before drafting its rate increase request. [5] § 366.041(4), Fla. Stat. (1975); Greyhound Lines, Inc. v.

INTERN. MINERALS & CHEM. CORP. v. Mayo

Court: Fla. | Date Filed: 1976-06-04T00:53:00-07:00

Citation: 336 So. 2d 548

Snippet: pursuant to the authority conferred by Section 366.041(1) Florida Statutes, which provides that the "…service" considerations.[3] Similarly, Section 366.041(1), Florida Statutes, makes no such reference. …does not differ substantially from Fla. Stat. § 366.041(1), which is set forth in pertinent part at p.

Florida Retail Federation, Inc. v. Mayo

Court: Fla. | Date Filed: 1976-04-13T23:53:00-08:00

Citation: 331 So. 2d 308

Snippet: a "cost of service" factor, Section 366.041(1), Florida Statutes, explicitly authorizes the

North Florida Water Company v. Bevis

Court: Fla. | Date Filed: 1974-10-16T00:53:00-07:00

Citation: 302 So. 2d 129

Snippet: the propriety of a rate increase. While Section 366.041, Florida Statutes, provides that no public utility

Askew v. Bevis

Court: Fla. | Date Filed: 1973-09-28T00:53:00-07:00

Citation: 283 So. 2d 337

Snippet: purpose of F.S., Section 366.041, F.S.A. In the Mayo case, F.S., Section 366.041, F.S.A. was obviously held…Additionally, petitioner argues that Fla. Stat. § 366.041,[3] F.S.A. which authorizes the commission *339…confronting the issues raised sub judice. Fla. Stat. § 366.041, F.S.A., which in our judgment is controlling in…oppose the ruling by the Commission is Fla. Stat. § 366.041 (1967), F.S.A., Ch. 67-326, Laws of Florida, which…require. Prior to the enactment of Fla. Stat. § 366.041, F.S.A., the leading case relative to service complaints

United Telephone Company of Florida v. Mayo

Court: Fla. | Date Filed: 1968-10-24T00:53:00-07:00

Citation: 215 So. 2d 609

Snippet: oppose the ruling by the Commission is Fla. Stat. § 366.041 (1967), F.S.A., Ch. 67-326, Laws of Florida, which

Hall v. Florida State Drainage Land Co.

Court: Fla. | Date Filed: 1925-03-28T00:00:00-08:00

Citation: 103 So. 828, 89 Fla. 312

Snippet: St. Louis, A. S. R. Co. v. Hamilton, 158 Ill. 366, 41 N.E. Rep. 777. See also, Gill v. Graham, supra;