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The 2025 Florida Statutes
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F.S. 366.05366.05 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. (c) Effective January 1, 2016, a utility may not charge or receive a deposit in excess of the following amounts: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.
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Annotations, Discussions, Cases:
Cases Citing Statute 366.05
Total Results: 29
217 So. 2d 304
Supreme Court of Florida | Filed: Nov 6, 1968 | Docket: 1662050
Cited 27 times | Published
reasonably entitled thereto * * *." Fla. Stat. § 366.05 (1967), F.S.A. The regulatory powers of the Commission
187 So. 2d 335
Supreme Court of Florida | Filed: Jun 1, 1966 | Docket: 1768593
Cited 20 times | Published
procedure adopted by the commission pursuant to Section 366.05(1), F.S.A., do not permit what the commission
76 F.3d 1560, 1996 U.S. App. LEXIS 3998
Court of Appeals for the Eleventh Circuit | Filed: Mar 8, 1996 | Docket: 1053399
Cited 18 times | Published
through statute and regulatory rules. Fla.Stat. § 366.05(1), .04(1), (5), .06(1), .051 (1994); Fla.Admin
337 So. 2d 966, 1976 Fla. LEXIS 4506, 1976 WL 352304
Supreme Court of Florida | Filed: Sep 23, 1976 | Docket: 1414971
Cited 18 times | Published
familiar with Tampa Electric's technology (Section 366.05(1), Fla. Stat. (1975)), the agency's expertise
182 So. 2d 429
Supreme Court of Florida | Filed: Jul 14, 1965 | Docket: 1365676
Cited 18 times | Published
powers of the commission under this chapter, section 366.05 authorizes the commission, inter alia,
"to
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
convenience and welfare of the public_” Id. at § 366.05.
After 1974, the Florida statute expressly provided
446 So. 2d 1063, 1984 WL 914501
Supreme Court of Florida | Filed: Feb 2, 1984 | Docket: 1780353
Cited 14 times | Published
administration and enforcement of this chapter." § 366.05(1), Fla. Stat. (1981). The rulemaking in this
411 So. 2d 162, 1981 Fla. LEXIS 2762
Supreme Court of Florida | Filed: Jul 23, 1981 | Docket: 1697027
Cited 11 times | Published
prescribe rates for an investor-owned utility under section 366.05(1), Florida Statutes (1981), it may now also
366 So. 2d 798, 1979 WL 396265
District Court of Appeal of Florida | Filed: Jan 23, 1979 | Docket: 1655562
Cited 9 times | Published
and the broad power granted to the PSC under § 366.05(1) "to exercise all judicial powers, issue all
665 F. Supp. 1493, 1987 U.S. Dist. LEXIS 6926
District Court, S.D. Florida | Filed: Jul 24, 1987 | Docket: 1256628
Cited 6 times | Published
respect to public utilities are enumerated in § 366.05. They include the following powers:
(1) In the
336 So. 2d 548
Supreme Court of Florida | Filed: Jun 4, 1976 | Docket: 1721035
Cited 6 times | Published
accordance with accepted accounting principles. Section 366.05, Florida Statutes, and like statutory provisions
453 So. 2d 799, 1984 WL 914486
Supreme Court of Florida | Filed: Jul 12, 1984 | Docket: 1651447
Cited 5 times | Published
facilities to those reasonably entitled thereto". § 366.05(1), Fla. Stat. (1981). Cognizant of the fact that
167 So. 2d 577, 1964 WL 117711
District Court of Appeal of Florida | Filed: Sep 2, 1964 | Docket: 1693956
Cited 4 times | Published
welfare of the public and secure adequate service. § 366.05, Fla. Stat., F.S.A.; (3) to promulgate rules and
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
— (2), Fla. Stat. (2012);
see also
§ 366.05(1) (“In the exercise of such jurisdiction, the
896 So. 2d 891, 2005 WL 475441
District Court of Appeal of Florida | Filed: Mar 2, 2005 | Docket: 1282971
Cited 3 times | Published
for the meters that FP & L uses. See generally § 366.05, Fla. Stat. (2004). More to the point, FP & L
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
administration and enforcement of this chapter.
§ 366.05(1), Fla. Stat. (1989).
Requiring FPC to place
21 So. 3d 91, 2009 Fla. App. LEXIS 15801, 2009 WL 3364872
District Court of Appeal of Florida | Filed: Oct 21, 2009 | Docket: 1229243
Cited 2 times | Published
with respect to its rates and service...." Section 366.05(1) grants to the PSC "power to prescribe fair
527 F. Supp. 927, 1981 U.S. Dist. LEXIS 18103
District Court, M.D. Florida | Filed: Dec 3, 1981 | Docket: 2270358
Cited 2 times | Published
Defendants' first basis of rejection is Florida Statute 366.05(2) which provides:
The Commissioners are
Supreme Court of Florida | Filed: Sep 28, 2023 | Docket: 67836463
Published
service.” § 366.06(1), Fla. Stat. (2021); see also § 366.05(1)(a), Fla.
Stat. (2021) (“[T]he commission shall
District Court of Appeal of Florida | Filed: Dec 11, 2019 | Docket: 16571838
Published
505 So. 2d 552, 554 (Fla. 3d DCA 1987); see also § 366.05(1)(e), Fla.
Stat. (2019) (“New tariffs and changes
191 So. 3d 897
Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065480
Published
utility ... shall be fair' and reasonable.”); § 366.05(1), Fla. Stat. (2014) (“In the exercise of such
208 So. 3d 111, 46 Envtl. L. Rep. (Envtl. Law Inst.) 20080, 2016 Fla. App. LEXIS 5953
District Court of Appeal of Florida | Filed: Apr 20, 2016 | Docket: 3055572
Published
administration and enforcement of this chapter. § 366.05(1), Fla. Stat. (1989).
Id.
at 106-07
Florida Attorney General Reports | Filed: Mar 3, 2005 | Docket: 3258109
Published
assets to a municipality.15 Similarly, while section 366.05(8), Florida Statutes, authorizes the PSC, to
700 So. 2d 770, 1997 Fla. App. LEXIS 11537, 1997 WL 633950
District Court of Appeal of Florida | Filed: Oct 15, 1997 | Docket: 64776318
Published
is *772not authorized to grant such relief. See § 366.05, Fla. Stat. (1995). These are judicial remedies
76 F.3d 1560, 1996 WL 75650
Court of Appeals for the Eleventh Circuit | Filed: Mar 8, 1996 | Docket: 419653
Published
through statute and regulatory rules. Fla.Stat. § 366.05(1), .04(1), (5), .06(1), .051 (1994); Fla.Admin
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
or rentals is to be “construed liberally.” 1 Section 366.05(1), Florida Statutes (1991), provides that
516 So. 2d 260, 90 P.U.R.4th 562, 12 Fla. L. Weekly 601, 1987 Fla. LEXIS 2562
Supreme Court of Florida | Filed: Dec 10, 1987 | Docket: 64631337
Published
transmission of cogenerated electric power.
Section 366.05(9), Florida Statutes (1985), authorizes PSC
Florida Attorney General Reports | Filed: Dec 23, 1974 | Docket: 3255818
Published
Section 350.66 — Public Service Commission. Section 366.05(1) — Public Service Commission. Section 367
113 So. 2d 747, 1959 Fla. App. LEXIS 2656
District Court of Appeal of Florida | Filed: Jul 10, 1959 | Docket: 60192967
Published
the consumers are fair and reasonable. See Section 366.05(1), Florida Statutes, F.S.A.
In the present
