The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 366
PUBLIC UTILITIES

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F.S. 366.05

366.05 Powers.—

(1)(a) In the exercise of such jurisdiction, the commission shall have power to prescribe fair and reasonable rates and charges, classifications, standards of quality and measurements, including the ability to adopt construction standards that exceed the National Electrical Safety Code, for purposes of ensuring the reliable provision of service, and service rules and regulations to be observed by each public utility; to require repairs, improvements, additions, replacements, and extensions to the plant and equipment of any public utility when reasonably necessary to promote the convenience and welfare of the public and secure adequate service or facilities for those reasonably entitled thereto; to employ and fix the compensation for such examiners and technical, legal, and clerical employees as it deems necessary to carry out the provisions of this chapter; and to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement and enforce the provisions of this chapter.

(b) If the commission authorizes a public utility to charge tiered rates based upon levels of usage and to vary its regular billing period, the utility may not charge a customer a higher rate because of an increase in usage attributable to an extension of the billing period; however, the regular meter reading date may not be advanced or postponed more than 5 days for routine operating reasons without prorating the billing for the period.

1. For an existing account, the total deposit may not exceed 2 months of average actual charges, calculated by adding the monthly charges from the 12-month period immediately before the date any change in the deposit amount is sought, dividing this total by 12, and multiplying the result by 2. If the account has less than 12 months of actual charges, the deposit shall be calculated by adding the available monthly charges, dividing this total by the number of months available, and multiplying the result by 2.

2. For a new service request, the total deposit may not exceed 2 months of projected charges, calculated by adding the 12 months of projected charges, dividing this total by 12, and multiplying the result by 2. Once a new customer has had continuous service for a 12-month period, the amount of the deposit shall be recalculated using actual data. Any difference between the projected and actual amounts must be resolved by the customer paying any additional amount that may be billed by the utility or the utility returning any overcharge.

(d) If a utility has more than one rate for any customer class, it must notify each customer in that class of the available rates and explain how the rate is charged to the customer. If a customer contacts the utility seeking assistance in selecting the most advantageous rate, the utility must provide good faith assistance to the customer. The customer is responsible for charges for service provided under the selected rate.

(e) New tariffs and changes to an existing tariff, other than an administrative change that does not substantially change the meaning or operation of the tariff, must be approved by majority vote of the commission, except as otherwise specifically provided by law.

(2) Every public utility, as defined in s. 366.02, which in addition to the production, transmission, delivery or furnishing of heat, light, or power also sells appliances or other merchandise shall keep separate and individual accounts for the sale and profit deriving from such sales. No profit or loss shall be taken into consideration by the commission from the sale of such items in arriving at any rate to be charged for service by any public utility.

(3) The commission shall provide for the examination and testing of all meters used for measuring any product or service of a public utility.

(4) Any consumer or user may have any such meter tested upon payment of the fees fixed by the commission.

(5) The commission shall establish reasonable fees to be paid for testing such meters on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his or her request, but to be paid by the public utility and repaid to the consumer or user if the meter is found defective or incorrect to the disadvantage of the consumer or user, in excess of the degree or amount of tolerance customarily allowed for such meters, or as may be provided for in rules and regulations of the commission.

(6) The commission may purchase materials, apparatus, and standard measuring instruments for such examination and tests.

(7) The commission shall have the power to require reports from all electric utilities to assure the development of adequate and reliable energy grids.

(8) If the commission determines that there is probable cause to believe that inadequacies exist with respect to the energy grids developed by the electric utility industry, including inadequacies in fuel diversity or fuel supply reliability, it shall have the power, after proceedings as provided by law, and after a finding that mutual benefits will accrue to the electric utilities involved, to require installation or repair of necessary facilities, including generating plants and transmission facilities, with the costs to be distributed in proportion to the benefits received, and to take all necessary steps to ensure compliance. The electric utilities involved in any action taken or orders issued pursuant to this subsection shall have full power and authority, notwithstanding any general or special laws to the contrary, to jointly plan, finance, build, operate, or lease generating and transmission facilities and shall be further authorized to exercise the powers granted to corporations in chapter 361. This subsection shall not supersede or control any provision of the Florida Electrical Power Plant Siting Act, ss. 403.501-403.518.

(9) The commission may require the filing of reports and other data by a public utility or its affiliated companies, including its parent company, regarding transactions, or allocations of common costs, among the utility and such affiliated companies. The commission may also require such reports or other data necessary to ensure that a utility’s ratepayers do not subsidize nonutility activities.

(10) The Legislature finds that violations of commission orders or rules, in connection with the impairment of a public utility’s operations or service, constitute irreparable harm for which there is no adequate remedy at law. The commission is authorized to seek relief in circuit court including temporary and permanent injunctions, restraining orders, or any other appropriate order. Such remedies shall be in addition to and supplementary to any other remedies available for enforcement of agency action under s. 120.69 or the provisions of this chapter. The commission shall establish procedures implementing this section by rule.

(11) The commission has the authority to assess a public utility for reasonable travel costs associated with reviewing the records of the public utility and its affiliates when such records are kept out of state. The public utility may bring the records back into the state for review.

History.—s. 5, ch. 26545, 1951; s. 2, ch. 74-196; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 53, ch. 78-95; ss. 5, 16, ch. 80-35; s. 1, ch. 81-131; s. 2, ch. 81-318; ss. 4, 20, 22, ch. 89-292; s. 51, ch. 90-331; s. 4, ch. 91-429; s. 3, ch. 93-35; s. 552, ch. 95-148; s. 72, ch. 98-200; s. 17, ch. 2006-230; s. 5, ch. 2015-129.

F.S. 366.05 on Google Scholar

F.S. 366.05 on Casetext

Amendments to 366.05

Arrestable Offenses / Crimes under Fla. Stat. 366.05

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 366.05.

Annotations, Discussions, Cases:

Cases from cite.case.law:

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

. . . See §§ 366.04, 366.05, Fla. Stat. (2017) ; City of St. Petersburg v. . . .

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

. . . .”); § 366.05(1), Fla. . . . . §§ 366.06(2), 366.05(1), Fla. Stat. (1979)). . . .

MIAMI- DADE COUNTY, v. In FLORIDA POWER LIGHT CO., 208 So. 3d 111 (Fla. Dist. Ct. App. 2016)

. . . . § 366.05(1), Fla. Stat. (1989). Id. at 106-07. . . .

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

. . . Stat. (2012); see also § 366.05(1) (“In the exercise of such jurisdiction, the commission shall have . . .

RAMOS, v. FLORIDA POWER LIGHT COMPANY,, 21 So. 3d 91 (Fla. Dist. Ct. App. 2009)

. . . Section 366.05(1) grants to the PSC “power to prescribe fair and reasonable rates and charges, classifications . . .

FLORIDA POWER LIGHT COMPANY, a v. ALBERT LITTER STUDIOS, INC. a, 896 So. 2d 891 (Fla. Dist. Ct. App. 2005)

. . . See generally § 366.05, Fla. Stat. (2004). . . .

LEE COUNTY ELECTRIC COOPERATIVE, INC. v. E. JACOBS, Jr., 820 So. 2d 297 (Fla. 2002)

. . . In 1974, the Legislature passed the Grid Bill, codified at sections 366.04(2) and 366.05(7)-(8), Florida . . . No other provision of this chapter shall apply in any manner, other than as specified in ss. 366.04, 366.05 . . . utilities pursuant to the Grid Bill, which includes the jurisdiction granted in Sections 366.04 and 366.05 . . .

SOUTHERN STATES UTILITIES, n k a v. FLORIDA PUBLIC SERVICE COMMISSION, 714 So. 2d 1046 (Fla. Dist. Ct. App. 1998)

. . . .” §§ 366.06(2), 366.05(1), Florida Statutes (1979). . . .

P. TRAWICK, Jr. J. v. FLORIDA POWER LIGHT COMPANY,, 700 So. 2d 770 (Fla. Dist. Ct. App. 1997)

. . . See § 366.05, Fla. Stat. (1995). These are judicial remedies. See Fla. Power & Light Co. v. . . .

AMERISTEEL CORPORATION, f k a v. F. CLARK,, 691 So. 2d 473 (Fla. 1997)

. . . Although sections 366.04(2), (5), and 366.05(7), (8), Florida Statutes (1995), parts of what is informally . . .

TEC COGENERATION INC. RRD v. FLORIDA POWER LIGHT COMPANY, FPL FPL H. T. C. Jr., 76 F.3d 1560 (11th Cir. 1996)

. . . . § 366.05(1), .04(1), (5), .06(1), .051 (1994); Fla.Admin.Code R. 25-17.080-.091 (1988). . . . Florida’s electric utility companies. 1981 Fla.Laws. ch. 81-131, § 1 (codified as amended at Fla.Stat. § 366.05 . . .

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

. . . Section 366.05(1), Florida Statutes (1991), provides that in the exercise of its jurisdiction the Commission . . .

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

. . . . § 366.05(1), Fla.Stat. (1989). . . .

INTERNATIONAL TELECHARGE, INC. v. McK. WILSON,, 573 So. 2d 816 (Fla. 1991)

. . . . §§ 364.15, 366.05(8), Fla.Stat. (1989). . . .

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

. . . public utility when reasonably necessary to promote the convenience and welfare of the public_” Id. at § 366.05 . . . Section 366.05 authorizes the FPSC to regulate repairs and extensions of facilities. . . . Thus, section 366.05 provides that the FPSC “shall have power to prescribe fair and reasonable rates . . . As section 366.05 provides: “the commission shall have power to ... require repairs, improvements, additions . . . Stat. § 366.05(1). . . .

C. F. INDUSTRIES, INC. v. NICHOLS,, 536 So. 2d 234 (Fla. 1988)

. . . Subsection 366.05(1) authorizes the PSC to prescribe fair and reasonable rates, charges, and classifications . . . Subsection 366.05(9) authorizes the PSC to establish guidelines and set rates for the purchase of power . . .

FLORIDA POWER AND LIGHT COMPANY, v. NICHOLS,, 516 So. 2d 260 (Fla. 1987)

. . . Section 366.05(9), Florida Statutes (1985), authorizes PSC to establish guidelines relating to the purchase . . . Appellant presents several arguments in support of its position that sections 366.-04(3), 366.05(9), . . . produced power, and the legislature could not have contemplated the wheeling of QF power; and (2) section 366.05 . . . Concerning section 366.05(9), the PSC is authorized to establish guidelines relating to the purchase . . .

CONSOLIDATED GAS COMPANY OF FLORIDA, INC. v. CITY GAS COMPANY OF FLORIDA, INC., 665 F. Supp. 1493 (S.D. Fla. 1987)

. . . The powers of the FPSC with respect to public utilities are enumerated in § 366.05. . . .

ANSTEAD, v. COX BROADCASTING CNA, 500 So. 2d 197 (Fla. Dist. Ct. App. 1986)

. . . 31 through February 23) was $596.86, whereas during the remaining 32 weeks of the year his AWW was $366.05 . . .

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

. . . . § 366.05(1), Fla. Stat. (1981). . . .

CITIZENS OF STATE v. PUBLIC SERVICE COMMISSION, 425 So. 2d 534 (Fla. 1982)

. . . .” §§ 366.06(2), 366.05(1), Florida Statutes (1979). . . .

SOUTHERN COOPERATIVE DEVELOPMENT FUND, v. E. DRIGGERS,, 527 F. Supp. 927 (M.D. Fla. 1981)

. . . Statute 366.05(2) is an enabling statute rather than a source of discretion, and reliance upon discretion . . . anticipated as a result of plat completion, it fails to comply with the required “access” in both statute 366.05 . . .

CITY OF TALLAHASSEE, v. T. MANN,, 411 So. 2d 162 (Fla. 1981)

. . . Just as the Commission may prescribe rates for an investor-owned utility under section 366.05(1), Florida . . .

RICHTER, a v. FLORIDA POWER CORPORATION,, 366 So. 2d 798 (Fla. Dist. Ct. App. 1979)

. . . appropriate in light of the purposes of Chapter 366, and the broad power granted to the PSC under § 366.05 . . .

AMERSON, v. JACKSONVILLE ELECTRIC AUTHORITY,, 362 So. 2d 433 (Fla. Dist. Ct. App. 1978)

. . . provision of this chapter shall apply in any manner, other than as specified in ss. 366.04(2), and (3), 366.05 . . .

CITIZENS OF FLORIDA, v. T. MAYO, H. F., 357 So. 2d 731 (Fla. 1978)

. . . Specific Authority 350.12(1)(m), 364.20, 364.42, 366.05(1), 367.121[1](f), 120.53, F.S. . . . Law Implemented 350.121[350.12](1)(m), 364.20, 364.42, 366.05(1), 367.121(1)(f), 120.53,F.S. . . . Specific Authority 350.0611. 350.12(1)(m), 364.20, 364.42, 366.05(1), 367.121(1)(f), 120.53,F.S. . . . Law Implemented 350.0611. 350.12(1)(m), 364.20, 364.42, 366.05(1), 367.121(1)(f), 120.53, F.S. . . .

KENNETH M. MYERS, 46 Fla. Supp. 74 (Fla. P.S.C. 1977)

. . . It is also germane to note that §§350.59, 350.63, 364.28 and 366.05(1), F.S., among others, expressly . . .

In RULE AMENDMENT, 45 Fla. Supp. 204 (Fla. P.S.C. 1977)

. . . The. rule is adopted pursuant to the authority contained in Section 120.54, Florida Statutes, Section 366.05 . . . S. and implements Section 366.05, F. S. . . .

CITY OF PLANT CITY v. T. MAYO, 337 So. 2d 966 (Fla. 1976)

. . . Sections 366.04(1), 366.05(1), 366.06(3), Fla. Stat. (1975). . . . . Inasmuch as the Commission is necessarily familiar with Tampa Electric’s technology (Section 366.05(1 . . .

In PETITION OF PUBLIC COUNSEL, 44 Fla. Supp. 172 (Fla. P.S.C. 1976)

. . . Specific Authority 350.0611, 350.12(1) (m), 364.20, 364.42, 366.05(1), 367.121(1) (f), 120.53 FS. . . . Law Implemented 350.0611, 350.12(1) (M), 364.20, 364.42, 366.05(1), 367.121(1) (f), 120.53 FS. . . .

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

. . . Section 366.05, Florida Statutes, and like statutory provisions evidence a legislative intent to confer . . .

In CUSTOMER DEPOSITS OF ELECTRIC UTILITIES, 42 Fla. Supp. 78 (Fla. P.S.C. 1975)

. . . The commission is vested authority by §366.05 (1), Florida Statutes, to promulgate service rules and . . . Therefore, the commission on its own motion, pursuant to §§120.54 and 366.05(1), Florida Statutes, proposes . . . General Authority §366.05(1), F. S. Law Implemented §366.03, F.S. . . .

In BILLING PRACTICES OF ELECTRIC UTILITIES No., 39 Fla. Supp. 149 (Fla. P.S.C. 1973)

. . . It is therefore ordered, pursuant to provisions of §366.05, Florida Statutes, that Rules 25-6.100, 25 . . .

In BILLING PRACTICES OF ELECTRIC UTILITIES, 39 Fla. Supp. 144 (Fla. P.S.C. 1973)

. . . Therefore, the commission, on its own motion, pursuant to §366.05, Florida Statutes, proposes to amend . . .

PEOPLES GAS SYSTEM,, 38 Fla. Supp. 1 (Fla. P.S.C. 1972)

. . . The above-quoted language must of course, be considered in pari materia with the provisions of §§366.05 . . .

FEDERAL POWER COMMISSION v. FLORIDA POWER LIGHT CO., 404 U.S. 453 (U.S. 1972)

. . . . §366.05 (1969), authorizes the Florida Power Commission to “prescribe uniform system and classification . . .

In FLORIDA POWER LIGHT CO., 36 Fla. Supp. 8 (Fla. P.S.C. 1971)

. . . order on his aforesaid suggestion and motion pursuant to the expressed and implied powers found in §366.05 . . . chapter 366, with respect to its rates, service and the issuance and sale of certain of its securities. §366.05 . . .

In SALE OF ELECTRICITY TO BE RESOLD, 34 Fla. Supp. 40 (Fla. P.S.C. 1970)

. . . This investigation was instituted under the authority of §366.05, Florida Statutes, wherein the commission . . .

De STOREY, Mr. Mr. Dr. P. M. Jr. v. T. MAYO, L. W., 217 So. 2d 304 (Fla. 1968)

. . . . § 366.05, F.S.A., supra. . . .

SYKES, v. UNITED STATES, 392 F.2d 735 (8th Cir. 1968)

. . . 71A (h) in the present case to be the same as those that existed in the first case, United States v. 366.05 . . .

PEOPLES GAS SYSTEM, INC. v. L. MASON, W. T., 187 So. 2d 335 (Fla. 1966)

. . . Moreover, the rules of procedure adopted by the commission pursuant to Section 366.05(1), F.S.A., do . . . approve such agreements, 182 So.2d 429, we relied heavily upon the fact that in Sections 366.03, 366.04, 366.05 . . .

CITY GAS COMPANY, a v. PEOPLES GAS SYSTEM, INC. a, 182 So. 2d 429 (Fla. 1965)

. . . certain^ •of its securities * * In prescribing the powers of the commission under this chapter, section 366.05 . . .

PEOPLES GAS SYSTEM, INC. a v. CITY GAS COMPANY, a, 167 So. 2d 577 (Fla. Dist. Ct. App. 1964)

. . . . § 366.05, Fla.Stat., F.S.A.; (3) to promulgate rules and regulations affecting equipment, facilities . . .

FLORIDA POWER CORPORATION, v. WENZEL, 113 So. 2d 747 (Fla. Dist. Ct. App. 1959)

. . . See Section 366.05(1), Florida Statutes, F.S.A. . . .