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Florida Statute 366.041 | Lawyer Caselaw & Research
F.S. 366.041 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 366.041

The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 366
PUBLIC UTILITIES
View Entire Chapter
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 from cite.case.law:

SIERRA CLUB, v. BROWN,, 243 So. 3d 903 (Fla. 2018)

. . . .; see also § 366.041, Fla. Stat. (2017). . . . Legislature has specifically authorized the Commission to consider the development of renewable energy. §§ 366.041 . . .

CITIZENS OF STATE v. GRAHAM, v., 191 So. 3d 897 (Fla. 2016)

. . . .]” § 366.041(1), Fla. Stat. (2014). . . .

CITIZENS OF STATE v. FLORIDA PUBLIC SERVICE COMMISSION,, 146 So. 3d 1143 (Fla. 2014)

. . . When a settlement addresses rate levels and structures, section 366.041, Florida Statutes (2012), provides . . .

FLORIDA POWER LIGHT COMPANY FPL v. FLORIDA PUBLIC SERVICE COMMISSION, Jr. v., 31 So. 3d 860 (Fla. Dist. Ct. App. 2010)

. . . . §§ 366.04(1)-(2), 366.041(1), & 366.06, Fla. Stat. (2008). . . .

ACTION GROUP, v. J. DEASON,, 615 So. 2d 683 (Fla. 1993)

. . . Section 366.041(1), Florida Statutes (1991), provides that in fixing the “just, reasonable, and compensatory . . . Subsection (2) of section 366.041 provides that the Commission’s authority to set such rates, charges . . .

FLORIDA POWER CORPORATION, v. SEMINOLE COUNTY, 579 So. 2d 105 (Fla. 1991)

. . . . § 366.041(1), Fla.Stat. (1989); see also Gulf Power Co. v. Florida Pub. Serv. . . .

CONSOLIDATED GAS COMPANY OF FLORIDA, INC. v. CITY GAS COMPANY OF FLORIDA, A, 912 F.2d 1262 (11th Cir. 1990)

. . . Id. at § 366.041. . . . The FPSC fixes these rates based on the factors described in section 366.041: In fixing the just, reasonable . . . ensure that they are fair and just and provide a reasonable rate of return as specified in section 366.041 . . . See id. §§ 366.041, .06. . . .

CITY GAS COMPANY OF FLORIDA, v. FLORIDA PUBLIC SERVICE COMMISSION, 501 So. 2d 580 (Fla. 1987)

. . . .” § 366.041, Fla.Stat. (1985). . . .

GULF POWER COMPANY, v. FLORIDA PUBLIC SERVICE COMMISSION,, 453 So. 2d 799 (Fla. 1984)

. . . Constitution of the United States, articles I and X of the Constitution of the State of Florida, section 366.041 . . .

OCCIDENTAL CHEMICAL COMPANY, v. T. MAYO, H., 351 So. 2d 336 (Fla. 1977)

. . . . § 366.041(4), Fla.Stat. (1975); Greyhound Lines, Inc. v. Mayo, 207 So.2d 1 (Fla.1968). . . .

FLORIDA WATER AND UTILITIES, v. METROPOLITAN DADE COUNTY ENVIRMONENTAL QUALITY CONTROL BOARD FLORIDA WATER AND UTILITIES, v. METROPOLITAN DADE COUNTY WATER AND SEWER BOARD FLORIDA WATER AND UTILITIES, v. METROPOLITAN DADE COUNTY WATER AND SEWER BOARD, 46 Fla. Supp. 59 (Dade Cty. Cir. Ct. 1977)

. . . Florida Statutes, Section 366.041; United Telephone Co. of Florida v. Mayo, supra. . . .

ST. JOSEPH TELEPHONE TELEGRAPH CO., 45 Fla. Supp. 57 (Fla. P.S.C. 1977)

. . . the level of service being provided by the company is adequate to satisfy the requirements of Section 366.041 . . .

INTERNATIONAL MINERALS AND CHEMICAL CORPORATION v. T. MAYO MOBIL CHEMICAL COMPANY, v. T. MAYO, 336 So. 2d 548 (Fla. 1976)

. . . When the PSC sets electric company rates, it acts pursuant to the authority conferred by Section 366.041 . . . Similarly, Section 366.041(1), Florida Statutes, makes no such reference. In New York v. . . . statute is more explicit in defining “rate base,” it does not differ substantially from Fla.Stat. § 366.041 . . .

FLORIDA RETAIL FEDERATION, INC. a v. T. MAYO, 331 So. 2d 308 (Fla. 1976)

. . . that although there is no reference in the Florida Statutes to a “cost of service” factor, Section 366.041 . . .

NORTH FLORIDA TELEPHONE CO., 42 Fla. Supp. 167 (Fla. P.S.C. 1975)

. . . give consideration to service deficiencies, if any, when fixing the rates of the public utilities (§366.041 . . . Thus, we are withholding $226,000 of the revenue requirements by virtue of §366.041, F.S.,' pending further . . .

NORTH FLORIDA WATER COMPANY, a v. H. BEVIS, 302 So. 2d 129 (Fla. 1974)

. . . While Section 366.041, Florida Statutes, provides that no public utility shall be denied a reasonable . . .

O D ASKEW, v. H. BEVIS, 283 So. 2d 337 (Fla. 1973)

. . . . § 366.041, F.S.A. which authorizes the commission to consider rates and services in the same administrative . . . Fla.Stat. § 366.041, F. . . . we said: “Squarely in the path of those who would oppose the ruling by the Commission is Fla.Stat. § 366.041 . . . Prior to the enactment of Fla.Stat. § 366.041, F.S.A., the leading case relative to service complaints . . . It appears, as we surmised in United Telephone, that Fla.Stat. § 366.041, F.S.A., in part represents . . . Mayo (Fla.1968), 215 So.2d 609, contrary to the intent and 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 by us to “withhold approval of a rate . . . F.S., Section 366.041, F.S.A. expressly prohibits any rate increase from being effective until after . . .

In SERVICE RENDERED BY FLORIDA TELEPHONE CORPORATION, 37 Fla. Supp. 63 (Fla. P.S.C. 1972)

. . . actively supported by a current member of this commission, enacted the so-called “Rates and Service” Law( §366.041 . . .

GENERAL TELEPHONE COMPANY OF FLORIDA, 33 Fla. Supp. 48 (Fla. P.S.C. 1970)

. . . Section 366.041, F. . . .

UNITED TELEPHONE COMPANY OF FLORIDA, v. T. MAYO, W. L., 215 So. 2d 609 (Fla. 1968)

. . . . § 366.041 (1967), F.S.A., Ch. 67-326, Laws of Florida, which plainly authorizes what was done in this . . .