CopyCited 29 times | Published | Supreme Court of Florida | 31 P.U.R.3d 497
...ate rate base. Said increase actually granted is also some $84,000 more than 6.55% of the intrastate rate base. [3] Section 364.20, F.S.A. [4] Florida Rate Conference v. Florida Railroad and Public Utilities Commission, Fla. 1959,
108 So.2d 601. [5] Section
366.10, F.S.A....
CopyCited 27 times | Published | Supreme Court of Florida
...At the hearing, the City expressly stated that it was not conceding Commission jurisdiction over the municipal operation. By a 2-1 vote the Commission approved the agreement. Petitioners, who were among the protestants, seek review pursuant to Fla. Stat. § 350.641 (1967), F.S.A.; Fla. Stat. § 366.10 (1967), F.S.A....
CopyCited 27 times | Published | Supreme Court of Florida | 1977 WL 365309
...6794 of the Commission should be declared void for failure to comply with Section
286.011, Florida Statutes, and this case should be remanded to the Commission for further proceedings. NOTES [1] We have jurisdiction by reason of Art. V, § 3(b)(3), Fla. Const., and §
366.10, Fla....
CopyCited 22 times | Published | Supreme Court of Florida
...NOTES [1] The body of the order of dismissal reads: As stated by the Florida Supreme Court in the Citizens of the State of Florida v. Mayo,
324 So.2d 35, 37 (Fla. 1975): "By law, the Orders of the Commission in utility rate cases are only reviewable here," Fla.Cons., Art. V, § 3(b)(3); §
366.10, Fla....
CopyCited 18 times | Published | Supreme Court of Florida | 1976 Fla. LEXIS 4506, 1976 WL 352304
...The first issue we must decide is whether Plant City, Winter Haven and Tampa have standing to obtain review of an order entered by the Commission in a proceeding to which they were not parties. The municipalities argue that they are "persons in interest" under Section 366.10, Florida Statutes (1973), which provides: "Any public utility or any person in interest dissatisfied with any order of the commission may have it reviewed by the supreme court by certiorari." The Commission disagrees, cautioning that w...
...ty to a proceeding or else the jurisdiction of this Court will be expanded infinitely by indiscriminate and unpredictable demands to review Commission orders. In our view, the right to seek review of Commission orders is no longer governed solely by Section 366.10, and the Legislature has by more recently-enacted legislation expressly and clearly delineated the class of "persons" who may seek judicial review of the Commission's final orders....
...To that end, it is the express intent of the legislature that the provisions of this act shall replace all other provisions in the Florida Statutes, 1973, relating to ... judicial review of administrative action... ." [1] Under this directive, the "judicial review" provisions found in Section
366.10, Florida Statutes (1973), as well as those found in Part III of Chapter 120, Florida Statutes (1973), were "replaced" by Section
120.68, Florida Statutes (1975) to the extent of the procedural inconsistencies....
...6990 on the authority of Section
120.68(9)(a), Florida Statutes (1975). ROBERTS, Acting C.J., and ADKINS, BOYD and SUNDBERG, JJ., concur. NOTES [1] Section
120.72(1), Fla. Stat. (1975). [2] Nothing in the Administrative Procedure Act purports to alter the legislative directive in Section
366.10 that review of Commission orders is had in the Supreme Court rather than in the district courts of appeal....
CopyCited 17 times | Published | Supreme Court of Florida | 1973 WL 297078
...sion by which the rates of Florida Power & Light Company were found to be fair and reasonable. (Order No. 5280, Docket No. 9777-EU, filed December 7, 1971.) This Court has jurisdiction pursuant to Fla. Const., art. V, § 4(2), F.S.A., and Fla. Stat. § 366.10, F.S.A....
CopyCited 11 times | Published | Supreme Court of Florida | 1981 Fla. LEXIS 2762
...f its jurisdiction. Art. V, § 3(b)(7), Fla. Const. The order the petitioner seeks to have reviewed is an order to show cause in a matter which, upon final action by the commission, would be reviewable in this Court. Art. V, § 3(b)(2), Fla. Const.; § 366.10, Fla....
CopyCited 5 times | Published | Supreme Court of Florida | 1975 WL 343332
...on with a full rate application. I conclude, however, as did the majority here, that this was the intent of the Legislature in enacting Section
366.06(4), Florida Statutes (1974 Supp.). NOTES [1] Article V, Section 3(b)(7), Florida Constitution, and Section
366.10, Florida Statutes (1973)....
CopyCited 3 times | Published | Supreme Court of Florida | 1975 WL 343312
...Sections
350.061-0614, Fla. Stat. (Supp. 1974). [2] Interim rate increases for electric utility companies are authorized under a "file and suspend" procedure enacted by the 1974 Legislature. Section
366.06(4), Fla. Stat. (Supp. 1974). [3] Fla. Const., art. V, § 3(b)(3); Section
366.10, FlaStat....
CopyCited 2 times | Published | Supreme Court of Florida
...P.S.C. Dec.
15, 2016) (the Final Order), which approved a nonunanimous settlement agreement
1. Various quotations below refer to the Commission as the PSC.
between certain parties.2 We have jurisdiction. See art. V, § 3(b)(2), Fla. Const.; §
366.10, Fla....
...approving a settlement.” Majority op. at 19 n.11. In my view, the proper standard
for the Commission’s approval of a settlement was resolved by this Court in
Citizens. Given that we do not have the authority to review Commission decisions
in the absence of an appeal, see § 366.10, Fla....
CopyCited 2 times | Published | Supreme Court of Florida
...ompany pursuant to Section
366.06(4), Florida Statutes (1975), the so-called *65 "file and suspend" law applicable to electric utility companies. We have jurisdiction for review pursuant to Article V, Section 3(b)(3) of the Florida Constitution, and Section
366.10, Florida Statutes (1975)....
CopyCited 1 times | Published | Supreme Court of Florida | 12 Fla. L. Weekly 27, 1987 Fla. LEXIS 1389
...This cause is before the Court on a petition for review of orders of the Public Service Commission. The orders in question constitute agency action relating to rates and service of utilities providing gas service. Therefore, we have jurisdiction to “review” the orders. Art. V, § 3(b)(2), Fla. Const. 1 ; § 366.10, Fla.Stat....
...Article V, section 3(b)(2), Florida Constitution, provides in pertinent part: “The supreme court ... [w]hen provided by general law ... shall review action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service.” (Emphasis added.) . Section 366.10, Florida Statutes, (1985), provides: “As authorized by s....
CopyPublished | Supreme Court of Florida
...interest.” So we remand this case to the Commission for an
explanation of its decision consistent with the governing law as set
forth in our case law and reiterated here. 2
1. We have jurisdiction. See art. V, § 3(b)(2), Fla. Const.; see
also § 366.10, Fla....
...y policy decisions shall be
made by members of the legislature who are elected to perform
those tasks,” Askew v. Cross Key Waterways,
372 So. 2d 913, 925
(Fla. 1978). The Legislature expressly tasked us with reviewing the
Commission’s decisions. §
366.10....
...13
13. Justice Francis says we have jurisdiction to review the
Commission’s “action[s],” not its orders. Francis dissenting op. at
42. Orders of the Commission “constitute agency action” for the
purposes of article V, section 3(b)(2) and section 366.10....
...settlement would have been invalidated as beyond the scope of the
Commission’s discretion. See, e.g., supra note 15. It is possible the
- 41 -
But article V, section 3(b)(2) gives us jurisdiction to review
agency “action.” See also § 366.10....
CopyPublished | Supreme Court of Florida
...the utility companies pursuant to section
366.96, Florida Statutes,
which became law in 2019. 1 The Office of Public Counsel (OPC)
challenged the orders below and appeals the Commission’s approval
1. We have jurisdiction. See art. V, § 3(b)(2), Fla. Const.;
§
366.10, Fla....
...(quoting W. Fla. Elec. Coop. Ass’n, Inc. v. Jacobs,
887 So. 2d 1200,
1204 (Fla. 2004)).
The Commission is correct that chapter 366 is about more
than rate making, for it says this Court will do more than review
rates set by the Commission. See §
366.10, Fla....
CopyPublished | Supreme Court of Florida | 18 Fla. L. Weekly Supp. 156, 1993 Fla. LEXIS 443, 1993 WL 74254
...We have for review an order of the Florida Public Service Commission (Commission) approving an “Agreement for Purchase and Sale of Electric System” entered into by Florida Power Corporation and Sebring Utilities Commission. We have jurisdiction pursuant to article V, section 3(b)(2), Florida Constitution, and section 366.10, Florida Statutes (1991)....
CopyPublished | Supreme Court of Florida | 1979 Fla. LEXIS 4555, 1979 WL 396361
...This cause is before the Court on Petition for a Writ of Certiorari to review an Order of the Public Service Commission (Commission) revoking certain interim rate increases which had been awarded to Florida Power Corporation (Florida Power). We have jurisdiction. Article V, Section 3(b)(3), Florida Constitution; Section 366.10 Florida Statutes (1977)....
