Florida Statute 366.06 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 366
PUBLIC UTILITIES

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F.S. 366.06

366.06 Rates; procedure for fixing and changing.—

(1) A public utility shall not, directly or indirectly, charge or receive any rate not on file with the commission for the particular class of service involved, and no change shall be made in any schedule. All applications for changes in rates shall be made to the commission in writing under rules and regulations prescribed, and the commission shall have the authority to determine and fix fair, just, and reasonable rates that may be requested, demanded, charged, or collected by any public utility for its service. The commission shall investigate and determine the actual legitimate costs of the property of each utility company, actually used and useful in the public service, and shall keep a current record of the net investment of each public utility company in such property which value, as determined by the commission, shall be used for ratemaking purposes and shall be the money honestly and prudently invested by the public utility company in such property used and useful in serving the public, less accrued depreciation, and shall not include any goodwill or going-concern value or franchise value in excess of payment made therefor. In fixing fair, just, and reasonable rates for each customer class, the commission shall, to the extent practicable, consider the cost of providing service to the class, as well as the rate history, value of service, and experience of the public utility; the consumption and load characteristics of the various classes of customers; and public acceptance of rate structures.

(2) Whenever the commission finds, upon request made or upon its own motion, that the rates demanded, charged, or collected by any public utility for public utility service, or that the rules, regulations, or practices of any public utility affecting such rates, are unjust, unreasonable, unjustly discriminatory, or in violation of law; that such rates are insufficient to yield reasonable compensation for the services rendered; that such rates yield excessive compensation for services rendered; or that such service is inadequate or cannot be obtained, the commission shall order and hold a public hearing, giving notice to the public and to the public utility, and shall thereafter determine just and reasonable rates to be thereafter charged for such service and promulgate rules and regulations affecting equipment, facilities, and service to be thereafter installed, furnished, and used.

(3) Pending a final order by the commission in any rate proceeding under this section, the commission may withhold consent to the operation of all or any portion of the new rate schedules, delivering to the utility requesting such increase, within 60 days, a reason or written statement of good cause for withholding its consent. Such consent shall not be withheld for a period longer than 8 months from the date of filing the new schedules. The new rates or any portion not consented to shall go into effect under bond or corporate undertaking at the end of such period, but the commission shall, by order, require such public utility to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts were paid and, upon completion of hearing and final decision in such proceeding, shall by further order require such public utility to refund with interest at a fair rate, to be determined by the commission in such manner as it may direct, such portion of the increased rate or charge as by its decision shall be found not justified. Any portion of such refund not thus refunded to patrons or customers of the public utility shall be refunded or disposed of by the public utility as the commission may direct; however, no such funds shall accrue to the benefit of the public utility. The commission shall take final commission action in the docket and enter its final order within 12 months of the commencement date for final agency action. As used in this subsection, the “commencement date for final agency action” means the date upon which it has been determined by the commission or its designee that the utility has filed with the clerk the minimum filing requirements as established by rule of the commission. Within 30 days after receipt of the application, rate request, or other written document for which the commencement date for final agency action is to be established, the commission or its designee shall either determine the commencement date for final agency action or issue a statement of deficiencies to the applicant, specifically listing why said applicant has failed to meet the minimum filing requirements. Such statement of deficiencies shall be binding upon the commission to the extent that, once the deficiencies in the statement are satisfied, the commencement date for final agency action shall be promptly established as provided herein. Thereafter, within 15 days after the applicant indicates to the commission that it believes that it has met the minimum filing requirements, the commission or its designee shall either determine the commencement date for final agency action or specifically enumerate in writing why the requirements have not been met, in which case this procedure shall be repeated until the commencement date for final agency action is established. When the commission initiates a proceeding, the commencement date for final agency action shall be the date upon which the order initiating the proceeding is issued.

(4) A natural gas utility or a public electric utility whose annual sales to end-use customers amount to less than 1,000 gigawatt hours may specifically request the commission to process its petition for rate relief using the agency’s proposed agency action procedure, as prescribed by commission rule. The commission shall enter its vote on the proposed agency action within 5 months of the commencement date for final agency action. If the commission’s proposed action is protested, the final decision must be rendered by the commission within 8 months after the date the protest is filed. At the expiration of 5 months following the commencement date for final agency action, if the commission has not taken action or if the commission’s action is protested by a party other than the utility, the utility may place its requested rates into effect under bond, escrow, or corporate undertaking subject to refund, upon notice to the commission and upon filing the appropriate tariffs. The utility must keep accurate records of amounts received as provided by subsection (3).

History.—s. 6, ch. 26545, 1951; s. 4, ch. 74-195; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 7, 16, ch. 80-35; s. 2, ch. 81-318; ss. 8, 20, 22, ch. 89-292; s. 4, ch. 91-429; s. 5, ch. 93-35; s. 5, ch. 95-328; s. 1, ch. 2022-74.

F.S. 366.06 on Google Scholar

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Amendments to 366.06

Arrestable Offenses / Crimes under Fla. Stat. 366.06

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 366.06.

Annotations, Discussions, Cases:

Cases Citing Statute 366.06

Total Results: 20

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

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

Snippet: collected by any public utility for its service.” § 366.06(1), Fla. Stat. (2021); see also § 366.05(1)(a),…; and public acceptance of rate structures.” § 366.06(1). The Commission “shall also consider the performance…considered the statutory factors set out in sections 366.06(1) and 366.82(10). Even a cursory statement of…consider the factors “to the extent practicable.” § 366.06(1). 15 By choosing the word “practicable,” the…12-month timeframe is 16. See, e.g., § 366.06(3) (requiring that Commission deliver notice of

Duke Energy Florida, LLC v. Gary F. Clark, etc.

Court: Fla. | Date Filed: 2022-07-07T00:53:00-07:00

Snippet: the steam unit to service were “prudent.” See § 366.06(1), Fla. Stat. (2021) (requiring that costs be… 3d 903, 908 (Fla. 2018) (“It is from [section 366.06(1)] that the Commission derives its prudence standard…been allowed. See Graham, 113 So. 3d at 750; § 366.06(1). III. Conclusion

Florida Industrial Power Users Group v. Julie Imanuel Brown, etc.

Court: Fla. | Date Filed: 2019-06-13T00:00:00-07:00

Citation: 273 So. 3d 926

Snippet: and MUÑIZ, JJ., concur. 1 Section 366.06(1), Florida Statutes (2017), provides that

Sierra Club v. Julie Imanuel Brown, etc.

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

Citation: 243 So. 3d 903

Snippet: issue involves the Commission interpreting section 366.06(1), Florida Statutes (2017), which it is tasked…Appropriate Standard Pursuant to section 366.06(1), Florida Statutes, the Commission "shall…utility for its service." Id. § 366.06(1). As part of these base rate cases, utilities… 435 So.2d 784 , 785 (Fla. 1983). Section 366.06 details the Commission's procedures for ratemaking…the public, less accrued depreciation .... § 366.06(1), Fla. Stat. It is from this statute that the

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: with the majority’s conclusion that under sections 366.06(1) and 366.02(2), Florida-Statutes (2014), “cost…distribution system within the state[,]” and section 366.06(1) provides that the PSC “shall have the authority…Comm’n, 425 So.2d 534, 540 (Fla.1982) (citing. §§ 366.06(2), 366.05(1), Fla. Stat. (1979)). Indeed, the …So.2d at 540. Neither section 366.02(2), section 366,06(1), nor any other provision in chapter 366 limit

Citizens of the State Ex Rel. Office of Public Counsel v. Florida Public Service Commission & Utilities, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2015-05-06T00:00:00-07:00

Citation: 164 So. 3d 58, 2015 WL 1963786

Snippet: eight months of the filing date of the protest. §§ 366.06(4); 367.081(8), Fla. Stat. (2014). 3

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: application for a rate base increase pursuant to section 366.06(1), Florida Statutes (2012). Three intervenors … just, and reasonable rates pursuant to section 366.06(1), Florida Statutes, is not conditioned on the…independently and also enacted sections 366.04(1) and 366.06(1), which provide that the Commission has exclusive…and changing rates of public utilities. Section 366.06(1) provides in relevant part that “[a]ll applications…public utility for its ser-vice_” Further, section 366.06(1) provides that the Commission, in fixing rates

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

Extraordinary Title Services, LLC v. Florida Power & Light Co.

Court: Fla. Dist. Ct. App. | Date Filed: 2009-02-11T00:00:00-08:00

Citation: 1 So. 3d 400, 2009 Fla. App. LEXIS 1041, 2009 WL 321581

Snippet: prejudice. Affirmed. . Section 366.06 provides in relevant part: 366.06 Rates: procedure for fixing and…Commission is empowered to set utility rates, § 366.06, Fla. Stat. (2006)1; the rates FPL charges and

Nationwide Mut. Ins. Co. v. Chillura

Court: Fla. Dist. Ct. App. | Date Filed: 2007-01-18T23:53:00-08:00

Citation: 952 So. 2d 547

Snippet: previously paid by Nationwide and then adding $70,366.06 to represent the prejudgment interest and $21,441.30

Zakrzewski v. State

Court: Fla. | Date Filed: 2003-11-12T23:53:00-08:00

Citation: 866 So. 2d 688

Snippet: to trial." Hill, 474 U.S. at 59, 106 S.Ct. 366.[6] In addition, "[w]here defense counsel'

So. States Util. v. FLA. PUB. SERV. COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-10T00:53:00-07:00

Citation: 714 So. 2d 1046

Snippet: "fair, just and reasonable rates." §§ 366.06(2), 366.05(1), Florida Statutes (1979). This Court

Southern States Utilities v. Florida Public Service Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-10T00:00:00-07:00

Citation: 714 So. 2d 1046, 1998 Fla. App. LEXIS 6569

Snippet: is to fix “fair, just and reasonable rates.” §§ 366.06(2), 366.05(1), Florida Statutes (1979). This Court

LEAF v. Clark

Court: Fla. | Date Filed: 1996-02-28T23:53:00-08:00

Citation: 668 So. 2d 982

Snippet: utility's contention, we found that since section 366.06(1), Florida Statutes (1985), compelled the Commission

Florida Power & Light Co. v. Beard

Court: Fla. | Date Filed: 1993-10-28T00:53:00-07:00

Citation: 626 So. 2d 660

Snippet: prudent expenditures by the utility under section 366.06, Florida Statutes (1991). According to the order…Commission acted within its authority under sections 366.06, 366.051 and 366.81.[6] We do not find the Commission

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: rates and charges, [and] classifications.” Section 366.06(1), Florida Statutes (1991), which directs that

Citizens of the State of Florida v. Wilson

Court: Fla. | Date Filed: 1990-09-27T00:00:00-07:00

Citation: 567 So. 2d 889, 15 Fla. L. Weekly Supp. 506, 1990 Fla. LEXIS 1187, 1990 WL 141441

Snippet: having been filed under the file-and-suspend law. § 366.06(3), Fla.Stat. (1987). As we reaffirmed in Citizens…withholding its consent to the tariff pursuant to section 366.06(3). Had no other action been taken, this would

Citizens of the State v. Wilson

Court: Fla. | Date Filed: 1990-09-27T00:00:00-07:00

Citation: 568 So. 2d 904, 15 Fla. L. Weekly Supp. 508, 1990 Fla. LEXIS 1195, 1990 WL 141448

Snippet: laws at present are found in sections 364.05(4), 366.06(4), and 367.081(6), Florida Statutes (1989). …which accompanied the 1980 amendment to section 366.06(4). . While not applicable in this case, we note

Citizens of the State of Florida v. Wilson

Court: Fla. | Date Filed: 1990-09-27T00:00:00-07:00

Citation: 571 So. 2d 1300, 15 Fla. L. Weekly Supp. 510, 1990 Fla. LEXIS 1185, 1990 WL 254857

Snippet: change under the file-and-suspend law, section 366.06(3), Florida Statutes (1987). Thus, the new tariff…proposed rate change as contemplated by section 366.-06(3). Under that law, TECO’s proposed rate change

PUBLIC SERVICE COM'N v. Central Corp.

Court: Fla. Dist. Ct. App. | Date Filed: 1989-10-19T00:53:00-07:00

Citation: 551 So. 2d 568

Snippet: authority other than those already found in section 366.06(1) as well as those factors it has, and subsequently