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The 2025 Florida Statutes
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F.S. 366.041366.041 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 366.041
Total Results: 15
351 So. 2d 336, 1977 WL 365309
Supreme Court of Florida | Filed: Jul 14, 1977 | Docket: 387991
Cited 27 times | Published
before drafting its rate increase request.
[5] § 366.041(4), Fla. Stat. (1975); Greyhound Lines, Inc. v
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
improve such service and facilities....” Id. at § 366.041. The FPSC may also “require repairs, improvements
331 So. 2d 308, 1976 WL 352308
Supreme Court of Florida | Filed: Apr 14, 1976 | Docket: 1287868
Cited 12 times | Published
Florida Statutes to a "cost of service" factor, Section 366.041(1), Florida Statutes, explicitly authorizes
336 So. 2d 548
Supreme Court of Florida | Filed: Jun 4, 1976 | Docket: 1721035
Cited 6 times | Published
acts pursuant to the authority conferred by Section 366.041(1) Florida Statutes, which provides that the
453 So. 2d 799, 1984 WL 914486
Supreme Court of Florida | Filed: Jul 12, 1984 | Docket: 1651447
Cited 5 times | Published
the Constitution of the State of Florida, section 366.041, Florida Statutes (1981), and exceeds its authority
215 So. 2d 609, 76 P.U.R.3d 207
Supreme Court of Florida | Filed: Oct 24, 1968 | Docket: 1691241
Cited 5 times | Published
oppose the ruling by the Commission is Fla. Stat. § 366.041 (1967), F.S.A., Ch. 67-326, Laws of Florida, which
283 So. 2d 337, 1973 WL 297100
Supreme Court of Florida | Filed: Sep 28, 1973 | Docket: 1489962
Cited 4 times | Published
Additionally, petitioner argues that Fla. Stat. § 366.041,[3] F.S.A. which authorizes the commission *339
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
settlement addresses rate levels and structures, section 366.041, Florida Statutes (2012), provides that the
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
sufficient to make a reasonable rate of return. § 366.041(1), Fla. Stat. (1989); see also Gulf Power Co
243 So. 3d 903
Supreme Court of Florida | Filed: May 17, 2018 | Docket: 6748448
Cited 2 times | Published
§ 366.06(1), Fla. Stat.;
see also
§ 366.041, Fla. Stat. (2017). Although we do not conclusively
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
efficient use of alternative energy resources.” § 366.041, Fla.Stat. (1985). The commission must also consider
Supreme Court of Florida | Filed: Sep 28, 2023 | Docket: 67836463
Published
efficient use of alternative energy resources.” § 366.041(1), Fla.
Stat. (2021). And the Legislature has
191 So. 3d 897
Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065480
Published
and the value of such service to the public[.]” § 366.041(1), Fla. Stat. (2014).
Section 366,02(1), Florida
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
that service to a given class of customers.
Section 366.041(1), Florida Statutes (1991), provides that
302 So. 2d 129, 7 P.U.R.4th 414
Supreme Court of Florida | Filed: Oct 16, 1974 | Docket: 1758472
Published
determining the propriety of a rate increase. While Section 366.041, Florida Statutes, provides that no public
