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The 2025 Florida Statutes
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F.S. 366.06366.06 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.
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Annotations, Discussions, Cases:
Cases Citing Statute 366.06
Total Results: 41
425 So. 2d 534, 1982 WL 893190
Supreme Court of Florida | Filed: Dec 16, 1982 | Docket: 1657968
Cited 45 times | Published
progress (CWIP) in the rate base is prohibited by section 366.06(2), Florida Statutes (1979), and conflicts
208 So. 2d 249, 1968 WL 163771
Supreme Court of Florida | Filed: Mar 27, 1968 | Docket: 1436166
Cited 22 times | Published
the same by order as hereinafter provided."
Section 366.06(2), Florida Statutes, F.S.A., states that in
668 So. 2d 982
Supreme Court of Florida | Filed: Feb 29, 1996 | Docket: 1686967
Cited 19 times | Published
the utility's contention, we found that since section 366.06(1), Florida Statutes (1985), compelled the
182 So. 2d 429
Supreme Court of Florida | Filed: Jul 14, 1965 | Docket: 1365676
Cited 18 times | Published
enforcement of its orders and requirements."
Section 366.06(2) relates to the setting of rates. It provides:
274 So. 2d 505, 1973 WL 297078
Supreme Court of Florida | Filed: Feb 21, 1973 | Docket: 1260757
Cited 17 times | Published
in progress in the rate base in violation of Section 366.06(2), Florida Statutes [F.S.A.]?
"I.B. Whether
403 So. 2d 962, 1981 WL 610488
Supreme Court of Florida | Filed: Jul 30, 1981 | Docket: 1672808
Cited 15 times | Published
1976).
[5] § 350.061, Fla. Stat. (1979).
[6] § 366.06(4), Fla. Stat. (1979).
[7] § 350.031, Fla. Stat
1 So. 3d 400, 2009 Fla. App. LEXIS 1041, 2009 WL 321581
District Court of Appeal of Florida | Filed: Feb 11, 2009 | Docket: 60224879
Cited 13 times | Published
Commission is empowered to set utility rates, § 366.06, Fla. Stat. (2006)1; the rates FPL charges and
433 So. 2d 505, 1983 WL 813520
Supreme Court of Florida | Filed: May 12, 1983 | Docket: 1425859
Cited 8 times | Published
surcharge, the PSC relied on the mandates of section 366.06(1), Florida Statutes (1981), as well as proposed
435 So. 2d 784, 1983 WL 813522
Supreme Court of Florida | Filed: Jul 14, 1983 | Docket: 1328758
Cited 7 times | Published
Pursuant to the Commission's authority under section 366.06(3), Florida Statutes (Supp. 1980), the Commission
333 So. 2d 1, 1976 WL 352307
Supreme Court of Florida | Filed: May 5, 1976 | Docket: 1290986
Cited 7 times | Published
Power Company an interim rate increase under Section 366.06(4), Florida Statutes (1975).[1] Our jurisdiction
336 So. 2d 548
Supreme Court of Florida | Filed: Jun 4, 1976 | Docket: 1721035
Cited 6 times | Published
fix fair, just and reasonable rates." Fla. Stat. § 366.06(2).
[3] § 4909.15, Ohio Rev.Code, provides that
453 So. 2d 799, 1984 WL 914486
Supreme Court of Florida | Filed: Jul 12, 1984 | Docket: 1651447
Cited 5 times | Published
be nonused and useful by present customers. See § 366.06, Fla. Stat. (1981).
Gulf has mischaracterized
410 So. 2d 492
Supreme Court of Florida | Filed: Jan 28, 1982 | Docket: 477762
Cited 5 times | Published
rate schedules on March 3, 1980, pursuant to section 366.06(4), Florida Statutes (1979), the Florida "File
316 So. 2d 262, 1975 WL 343332
Supreme Court of Florida | Filed: Jul 16, 1975 | Docket: 1456008
Cited 5 times | Published
Corporation under the statutory authority of Section 366.06(4), Florida Statutes (1974 Supplement). The
626 So. 2d 660, 18 Fla. L. Weekly Supp. 558, 1993 Fla. LEXIS 1737, 1993 WL 433788
Supreme Court of Florida | Filed: Oct 28, 1993 | Docket: 1286254
Cited 4 times | Published
and prudent expenditures by the utility under section 366.06, Florida Statutes (1991). According to the
534 So. 2d 695, 1988 WL 131571
Supreme Court of Florida | Filed: Dec 8, 1988 | Docket: 1295764
Cited 4 times | Published
that the present rates are unreasonable, see section 366.06(1), Florida Statutes (1985), and show by a
167 So. 2d 577, 1964 WL 117711
District Court of Appeal of Florida | Filed: Sep 2, 1964 | Docket: 1693956
Cited 4 times | Published
equipment, facilities and service to be installed. § 366.06(3), Fla. Stat., F.S.A.
The Legislature has expressed
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
application for a rate base increase pursuant to section 366.06(1), Florida Statutes (2012). Three intervenors
324 So. 2d 35, 1975 WL 343312
Supreme Court of Florida | Filed: Oct 15, 1975 | Docket: 1248623
Cited 3 times | Published
procedure enacted by the 1974 Legislature. Section 366.06(4), Fla. Stat. (Supp. 1974).
[3] Fla. Const
243 So. 3d 903
Supreme Court of Florida | Filed: May 17, 2018 | Docket: 6748448
Cited 2 times | Published
issue involves the Commission interpreting section 366.06(1), Florida Statutes (2017), which it is tasked
551 So. 2d 568, 14 Fla. L. Weekly 2478, 1989 Fla. App. LEXIS 5924, 1989 WL 124571
District Court of Appeal of Florida | Filed: Oct 19, 1989 | Docket: 527284
Cited 2 times | Published
authority other than those already found in section 366.06(1) as well as those factors it has, and subsequently
342 So. 2d 63
Supreme Court of Florida | Filed: Dec 22, 1976 | Docket: 421156
Cited 2 times | Published
Florida Power and Light Company pursuant to Section 366.06(4), Florida Statutes (1975), the so-called
273 So. 3d 926
Supreme Court of Florida | Filed: Jun 13, 2019 | Docket: 15769056
Cited 1 times | Published
and MUÑIZ, JJ., concur.
1
Section 366.06(1), Florida Statutes (2017), provides that
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
and public acceptance of rate structures.” Id. § 366.06(1). All rates must be fair and reasonable and
463 So. 2d 227, 10 Fla. L. Weekly 89, 1985 Fla. LEXIS 3411
Supreme Court of Florida | Filed: Jan 31, 1985 | Docket: 64609835
Cited 1 times | Published
Fla. Const. The issue here is whether sub- ■ section 366.06(3) or subsection 717.05(2), Florida Statutes
Supreme Court of Florida | Filed: Nov 14, 2024 | Docket: 69374490
Published
that its
investment choices are prudent. See § 366.06(1), Fla. Stat.
(requiring that costs must be
Supreme Court of Florida | Filed: Sep 28, 2023 | Docket: 67836463
Published
collected by any public utility for its
service.” § 366.06(1), Fla. Stat. (2021); see also § 366.05(1)(a)
Supreme Court of Florida | Filed: Jul 7, 2022 | Docket: 63575520
Published
the steam unit to service
were “prudent.” See § 366.06(1), Fla. Stat. (2021) (requiring that
costs be
191 So. 3d 897
Supreme Court of Florida | Filed: May 19, 2016 | Docket: 3065480
Published
rates that are “fair, just, and reasonable.” See § 366.06(1), Fla. Stat. (2014) (“[T]he commission shall
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
rates and charges, [and] classifications.” Section 366.06(1), Florida Statutes (1991), which directs
568 So. 2d 904, 15 Fla. L. Weekly Supp. 508, 1990 Fla. LEXIS 1195, 1990 WL 141448
Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 64653869
Published
analysis which accompanied the 1980 amendment to section 366.06(4).
. While not applicable in this case,
567 So. 2d 889, 15 Fla. L. Weekly Supp. 506, 1990 Fla. LEXIS 1187, 1990 WL 141441
Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 64653555
Published
having been filed under the file-and-suspend law. § 366.06(3), Fla.Stat. (1987). As we reaffirmed in Citizens
571 So. 2d 1300, 15 Fla. L. Weekly Supp. 510, 1990 Fla. LEXIS 1185, 1990 WL 254857
Supreme Court of Florida | Filed: Sep 27, 1990 | Docket: 64655385
Published
rate change under the file-and-suspend law, section 366.06(3), Florida Statutes (1987). Thus, the new
403 So. 2d 1332, 1981 Fla. LEXIS 2843
Supreme Court of Florida | Filed: Sep 10, 1981 | Docket: 64585185
Published
issue. While the commission has the duty under section 366.06(2), Florida Statutes (1979), to “determine
372 So. 2d 1118, 1979 Fla. LEXIS 4720, 1979 WL 396359
Supreme Court of Florida | Filed: Jun 28, 1979 | Docket: 64571069
Published
petitioner Florida Gas Company pursuant to section 366.06(4), Florida Statutes (1977) (The File and Suspend
367 So. 2d 1011, 1979 Fla. LEXIS 4555, 1979 WL 396361
Supreme Court of Florida | Filed: Feb 8, 1979 | Docket: 64568702
Published
the statutory 30-day period established in Section 366.06(4) Florida Statutes (1975) within which to
335 So. 2d 809, 1976 Fla. LEXIS 4270
Supreme Court of Florida | Filed: Jun 23, 1976 | Docket: 64554613
Published
exceeded its lawfully delegated authority under Section 366.06(4), Florida Statutes. Petitioner asserts that
Florida Attorney General Reports | Filed: Oct 9, 1974 | Docket: 3256570
Published
"insufficient to yield reasonable compensation." Section 366.06(3), F.S. It has been argued that since most
Florida Attorney General Reports | Filed: Sep 20, 1974 | Docket: 3256563
Published
notice to the public and to the utility company. Section 366.06(3), F.S. This requirement in implied in s.
251 So. 2d 547, 1971 Fla. App. LEXIS 6172
District Court of Appeal of Florida | Filed: Jun 29, 1971 | Docket: 64521796
Published
outlined in § 193.011 applied in connection with § 366.06, Fla.Stat., F.S.A.
Affirmed.
113 So. 2d 747, 1959 Fla. App. LEXIS 2656
District Court of Appeal of Florida | Filed: Jul 10, 1959 | Docket: 60192967
Published
property enters into the utility’s rate base, Section 366.06(2), Florida Statutes, F.S.A., with the attendant
