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Florida Statute 366.095 - Full Text and Legal Analysis Florida Statute 366.095 | Lawyer Caselaw & Research
Fla. Stat. § 366.095 (2026) Copy Cite Official Site Syfertize CourtListener Amendments
366.095 Penalties.The commission shall have the power to impose upon any entity subject to its jurisdiction under this chapter that is found to have refused to comply with or to have willfully violated any lawful rule or order of the commission or any provision of this chapter a penalty for each offense of not more than $5,000, which penalty shall be fixed, imposed, and collected by the commission. Each day that such refusal or violation continues shall constitute a separate offense. Each penalty shall be a lien upon the real and personal property of the entity, enforceable by the commission as a statutory lien under chapter 85.
History.ss. 2, 15, ch. 82-25; ss. 12, 20, 22, ch. 89-292; s. 4, ch. 91-429.

Cases Citing F.S. 366.095

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·Gulf Power Co. v. Wilson, 597 So. 2d 270 (Fla. 1992).

Cited 4 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 232, 92 FPSC 630, 1992 Fla. LEXIS 753, 1992 WL 68951

...da Statutes, constitutes the general grant of authority to the Commission to regulate utilities and contains no express authority to impose a penalty for the type of corporate conduct involved in this case, the Commission has exceeded its authority. Section 366.095, Florida Statutes (1989), which authorizes the Commission to impose penalties, provides: The commission shall have the power to impose upon any entity subject to its jurisdiction under this chapter that is found to have refused to com...
...but it is not a matter of statutory concern to the *273 Public Service Commission." Mayo, 342 So.2d at 512. Gulf Power asserts that these cases establish that the only "penalties" that the Commission may impose are those expressly authorized by statute, i.e., section 366.095, Florida Statutes....
0 red0 yellow3 green0 procedural
Cited as authorityIn Re Citizens Utilities Co. (2000)
phrase: "rule_authority"
Cited as authority(citing case) (1998)
phrase: "rule_authority"
Cited as authority(citing case) (1997)
phrase: "rule_authority"
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Citizens of the State of Florida, etc. v. Andrew Giles Fay, etc. (Fla. 2024).

Published | Supreme Court of Florida

times, often in describing costs. See, e.g., § 366.95(1), Fla. Stat. (2021) (“The commission shall
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Ago (Fla. Att'y Gen. 2005).

Published | Florida Attorney General Reports

...Section 366.11 , Florida Statutes, provides certain exemptions from the PSC's jurisdiction, stating in part: "(1) No provision of this chapter shall apply in any manner, other than as specified in ss. 366.04 , 3 366.05 (7) and (8), 4 366.051 , 5 366.055 , 6 366.093 , 7 366.095 , 8 366.14 , 9 and 366.80 — 366.85 , 10 to utilities owned and operated by municipalities, whether within or without any municipality, or by cooperatives organized and existing under the Rural Electric Cooperative Law of the state, or t...
...366.055 , Fla. Stat., authorizing the commission to take such action as is necessary to assure that grid reliability and integrity are maintained, subject to certain limitations. 7 Section 366.093 , Fla. Stat., relates to access to utility records. 8 Section 366.095 , Fla....

This Florida statute resource is curated by Florida Bar member Graham W. Syfert, a Jacksonville, Florida personal injury and workers' compensation attorney (Florida Bar No. 39104). For legal consultation, call 904-383-7448.