Florida Statutes

Fla. Stat. § 366.11 (2025)

Certain exemptions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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366.11 Certain exemptions.—

(1) No provision of this chapter shall apply in any manner, other than as specified in ss. 366.04, 366.05(7) and (8), 366.051, 366.055, 366.093, 366.095, 366.14, 366.80-366.83, and 366.91, 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 to the sale of electricity, manufactured gas, or natural gas at wholesale by any public utility to, and the purchase by, any municipality or cooperative under and pursuant to any contracts now in effect or which may be entered into in the future, when such municipality or cooperative is engaged in the sale and distribution of electricity or manufactured or natural gas, or to the rates provided for in such contracts.

(2) Nothing herein shall restrict the police power of municipalities over their streets, highways, and public places or the power to maintain or require the maintenance thereof or the right of a municipality to levy taxes on public services under s. 166.231 or affect the right of any municipality to continue to receive revenue from any public utility as is now provided or as may be hereafter provided in any franchise.

History.—s. 11, ch. 26545, 1951; s. 5, ch. 74-196; s. 3, ch. 76-168; s. 7, ch. 76-265; s. 108, ch. 77-104; s. 1, ch. 77-457; ss. 12, 16, ch. 80-35; s. 217, ch. 81-259; s. 2, ch. 81-318; ss. 13, 20, 22, ch. 89-292; s. 4, ch. 91-429; s. 2, ch. 2005-259; s. 67, ch. 2014-17.

Notes of Decisions

Cited in 8 cases, 1966–2005 · leading case: Lee Cnty. Elec. Co-op., Inc. v. Jacobs, 820 So. 2d 297 (Fla. 2002).

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Lee Cnty. Elec. Co-op., Inc. v. Jacobs, 820 So. 2d 297 (Fla. 2002). · cites it 14× “Consistency with Other Provisions of Chapter 366 Second, Seminole argues that Commission jurisdiction over Seminole's rate structure is inconsistent with Section 366.11, Florida Statutes, and other provisions of Chapter 366, Florida Statutes.”

Fla. Dept. of Rev. v. City of Gainesville, 918 So. 2d 250 (Fla. 2005). · cites it 2× “See § 366.11(1), Fla. Stat. (2004); City of Homestead v.”

City of Homestead v. Beard, 600 So. 2d 450 (Fla. 1992). · cites it 4× “NOTES [1] § 366.11, Fla. Stat. (1967). In 1974 the legislature amended chapter 366 to confer upon the PSC limited jurisdiction over municipally owned electric utilities for certain purposes.”

Amerson v. Jacksonville Elec. Auth., 362 So. 2d 433 (Fla. 1st DCA 1978). · cites it 2× “" Thus, the statute by its very terms specifically excludes electric utilities operated by Rural Electrification Cooperatives and municipalities from its rate change jurisdiction.”

Storey v. Mayo, 217 So. 2d 304 (Fla. 1968). · cites it 2× “Fla. Stat. § 366.11 (1967), F.S.A. It was for this reason that in the instant matter, the City pointedly saved itself against submission to Commission jurisdiction.”

City of Plant City v. Mayo, 337 So. 2d 966 (Fla. 1976). “[20] For the same reasons, we see no violation of Section 366.11, Fla. Stat. (1975), which prevents the Commission from affecting a city's right to "continue to receive revenue from any public utility as is now provided .”

Dept. of Rev. v. City of Gainesville, 859 So. 2d 595 (Fla. 1st DCA 2003). · cites it 2× “See § 366.11, Fla. Stat. (2002); Storey v. Mayo, 217 So.”

In re Florida Power Corp., 26 Fla. Supp. 186 (Fla. Pub. Serv. Comm'n 1966). · cites it 2× “Talquin Electric, like all other electric co-operatives in the state, is exempted from regulation by section 366.11, Florida Statutes. Involved in the application is a transfer of about 150 customers from Florida Power Corporation to Talquin Electric Co-Operative, Inc.”

— 366.11(1) — 2 cases

Lee Cnty. Elec. Co-op., Inc. v. Jacobs, 820 So. 2d 297 (Fla. 2002). “Consistency with Other Provisions of Chapter 366 Second, Seminole argues that Commission jurisdiction over Seminole's rate structure is inconsistent with Section 366.11, Florida Statutes, and other provisions of Chapter 366, Florida Statutes.”

Fla. Dept. of Rev. v. City of Gainesville, 918 So. 2d 250 (Fla. 2005). “See § 366.11(1), Fla. Stat. (2004); City of Homestead v.”

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