Arrestable Offenses / Crimes under Fla. Stat. 367.081
S367.081 4c - FRAUD-FALSE STATEMENT - MAKE FALSE STMT ABOUT ACCURACY UTLITY FIGURES - F: T
CopyCited 34 times | Published | Supreme Court of Florida | 38 P.U.R.4th 123, 1980 Fla. LEXIS 4263
...The Commission argues that it was required to change its policy because its prior policy was unlawful. But it fails to point to any statute or court decision which expressly states that a sewer and water utility may not deduct its depreciation expenses on CIAC and AIAC assets. Instead the Commission refers us to section 367.081(2), Florida *1283 Statutes (1977), which states that the Commission shall consider the "cost of providing the service" and argues that depreciation expenses on contributed property are not part of the cost of providing services....
CopyCited 20 times | Published | Supreme Court of Florida | 1973 Fla. LEXIS 5256, 1973 WL 297106
...orce at the time of the hearing in this cause was Section 367.12, Florida Statutes, 1969, F.S.A., which required the Commission to consider the "fair value" of the utility. The "fair value" of the utility is undisputed to be $195,134.94; (2) Even if Section 367.081, Florida Statutes, 1971, F.S.A., was in full force and effect so as to govern this case, the 1971 law requires the Commission to fix rates which are just, reasonable, compensatory, and to consider the value and the quality of the service....
...ted. A Statute is not to be given retrospective application unless it is required by the terms of the Statute or it is unequivocally *609 implied. In re Seven Barrels of Wine. [3] The law is substantive rather than procedural, and the application of Section 367.081, Florida Statutes, 1971, F.S.A., by the Commission, constituted a retrospective application of a Statute dealing with substantive rights....
...ed and useful in the public service as of September 1, 1967. [11] It was certainly the intent of the Legislature that the value of a system coming under the jurisdiction of the Commission after September 1, 1967, should be considered. The passage of Section 367.081, Florida Statutes, 1971, F.S.A., did not change that intent....
...do so by express reference. This law shall not impair or take away vested rights, other than procedural rights or benefits." [3]
79 Fla. 1,
83 So. 627 (1920). See generally, 50 Am.Jur.Statutes § 478. [4]
143 So.2d 854 (Fla. 1962), reh. denied. [5] Section
367.081(2), Florida Statutes, 1971, F.S.A....
CopyCited 11 times | Published | Florida 2nd District Court of Appeal | 10 Fla. L. Weekly 2341, 1985 Fla. App. LEXIS 16231, 1985 WL 1083675
...e the agreement, or for any other knowing and willful failure to comply with the PSC's provision. Third, and finally, the PSC can determine how this charge will be included in the utility's rate base and, therefore, affect its rate-making structure. § 367.081(2), Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1985 WL 1083676
...Florida Public Service Commission,
380 So.2d 1028. III. We next address appellants' second point, that the Commission lacks statutory authority for the proposed rules. Turning first to the Commission's proposed rule 25-30.515(3), the only distinction between the words in section
367.081(2), defining CIAC as including any amount or item of money, services, or property received by a utility, from any person or governmental agency, any portion of which is provided at no cost to the utility, which represents a donation o...
...Water and sewer utilities regulated by the PSC are uniformly required to keep records complying with a uniform system of accounts; therefore, as found by the hearing officer, nearly all utilities have records which establish their rate base. Since CIAC must be excluded from the rate base in any rate proceeding (section 367.081(2)), and a regulated utility is required to substantiate the amount it claims as a rate base upon which it is entitled to earn a fair rate of return, we agree entirely with the hearing officer's conclusion that "the imputation rule is...
...The imputation of CIAC to a utility that has failed to keep proper records is but one of a variety of lawful sanctions available to the Commission in carrying out its statutory responsibilities to fix rates "which are just, reasonable, compensatory and not unfairly discriminatory." § 367.081(2), Fla....
...of statutory authority afforded to the Commission. [1] I would also hold invalid Rule 25-30.515(3), which proposes to substitute the words "addition or transfer" for the words "contribution or donation," found in the statutory definition of CIAC in Section 367.081(2), Florida Statutes....
...Legislature or by the Commission. [4] The two terms express different concepts, one relating to the regulation of charges and conditions for the initiation of service [5] and the other having to do with the utility's capital structure, and, through Section 367.081, with rates for service....
...[6] Although both terms may eventually or inevitably apply to the same money or asset, [7] the power to regulate one has not *249 heretofore been taken to allow regulation of the other as proposed here. Had the Legislature intended that the Commission regulate CIAC beyond the regulation allowed in, for example, Section 367.081, Florida Statutes, it would have been a simple matter to so empower the Commission....
...The Commission must have the ability to alter service-availability charges to defray the expenses of preserving plant capacity with changing economic factors: otherwise the whole point of having service-availability charges would be lost and existing customers would subsidize future connections. [6] Section 367.081(2), Florida Statutes: [T]he Commission shall not allow the inclusion of contributions-in-aid-of-construction in the rate base of any utility during a rate proceeding; and accumulated depreciation on such contributions-in-aid-of-constr...
CopyCited 4 times | Published | Supreme Court of Florida | 1978 WL 391809
...in aid of construction into the rate base, resulting in a windfall to the utility and unjust rates to its consumers. By allowing a return on property outside of the utility's capital investment structure the Commission exceeds its jurisdiction under Section 367.081(2), Florida Statutes (1975)....
...t wears out. Therefore, the total dollar amount of investment and CIAC property stays constant over time, as does the rate base. This is as it should be, since the ratepayers are paying for the cost of using up the equipment which provides services. Section 367.081(2), Florida Statutes (1975), directs the Commission to "fix rates which are just, reasonable, compensatory, and not unjustly discriminatory," and to provide the utility with a "fair return on the utility's investment in property used and useful in the public service." We believe the Commission exceeds its authority under Section 367.081(2) and contravenes its own policy by adding back the accumulated depreciation of CIAC into the rate base calculation....
...Florida Public Service Commission,
208 So.2d 249, 256-257 (Fla. 1968). We have demonstrated above that the Commission's accounting procedure results in the inclusion of CIAC property into the rate base contrary to the Commission's policy and the dictates of Section
367.081(2)....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...." State v. Hawkins,
364 So.2d 723, 724 (Fla. 1978). The rate of return which a utility may earn on its investment "is a percentage figure which is applied to the rate base in order to establish a reasonable return for the utility's investors." Id.; §
367.081(2), Fla....
...Accordingly, the language of the opinion which reads "no record evidence of a transfer of funds" and "no evidence that any funds were transferred in the transaction" is clarified to the extent recited herein. In all other respects, the motion for rehearing is denied. NOTES [1] § 367.081(2), Fla....
CopyCited 3 times | Published | Florida 1st District Court of Appeal
...Citrus County and Cypress and Oaks Villages Association appealed the PSC's decision to approve statewide uniform rates for the affected utility systems, arguing that (1) there was no evidence in the record to support such rates; (2) the rates violated section 367.081(2)(a), Florida Statutes; (3) they were denied due process because the statewide uniform rate issue was not properly noticed; (4) the new rate structure resulted in a taking of their contributions-in-aid-of-construction (CIAC); (5) the...
...Lastly, we address the Office of Public Counsel's contention that the Commission erred by not recognizing SSU's gain on the sale of two of its systems because this allows SSU to earn a greater than reasonable rate of return on its investment, in violation of section 367.081(2)(a), Florida Statutes (1991). We are not persuaded by this argument. Section 367.081(2)(a) requires that in setting rates, the Commission must allow the utility to collect a fair return on its investment in property used and useful in the public service....
CopyCited 2 times | Published | Florida 1st District Court of Appeal
...." §§
366.06(2),
366.05(1), Florida Statutes (1979). This Court has consistently recognized the broad legislative grant of authority which these statutes confer and the considerable license the Commission enjoys as a result of this delegation. Id. Section
367.081(2), Florida Statutes (1997), contains no requirement that a utility owning multiple systems must prove that the systems are functionally related in order for the PSC to set uniform rates applicable to some or all of the systems....
...The commission shall also consider the investment of the utility in land acquired or facilities constructed or to be constructed in the public interest within a reasonable time in the future, not to exceed, unless extended by the commission, 24 months from the end of the historical test period used to set final rates. § 367.081, Fla....
...f inevitable intra-system subsidization. Nor is a pure cost of service basis as to each individual ratepayer mandated by a statute which directs that "the commission shall consider the value and quality of service and the cost of providing service." § 367.081(2), Fla....
...holds paying less than maximum rates, such use need not lead to unfairly discriminatory rates. Cost Of Service Remains Starting Point The PSC properly requires rigorous cost accounting in every ratemaking case. By providing that rates be reasonable, section 367.081(2)(a), Florida Statutes (1997), so dictates....
...This has created an incentive for larger utilities to acquire small, troubled utilities. In fact, many small utilities[] have been acquired by larger utilities, and we have changed rate base in only a few instances. ... We acknowledged that we had consistently interpreted the "investment of the utility," as contained in Section 367.081(2)(a), Florida Statutes, to be the original cost of the property when first dedicated to the public service, and would not deviate from that interpretation....
...and useful or other ratemaking calculations. The treatment of contributions-in-aid-of-construction is one example. Moneys received as contributions-in-aid-of-construction cannot be included "in the rate base of any utility during a rate proceeding." §
367.081(2)(a), Fla. Stat. (1997). See Florida Waterworks Ass'n v. Florida Public Serv. Comm'n,
473 So.2d 237, 243 (Fla. 1st DCA 1985). *1058 Here Florida Water complains that the PSC failed to give effect to section
367.0817(3), Florida Statutes (1997), when it treated reuse facilities essentially the same way it treated all other plant and equipment for purposes of making used and useful calculations....
...d by subsection (2) or facilities used for reliability purposes for a reclaimed water reuse system, to recover the full, prudently incurred cost of such studies and facilities through their rate structure. Enacted at the same time as this provision, section 367.0817(3), Florida Statutes (1995), provides: All prudent costs of a reuse project shall be recovered in rates....
...cessarily benefit present customers of the utility, ie. [sic] "used and useful in the public service") might have arguably been denied by the commission. Id. at 7. The same source describes the situation prior to the passage of the bill that enacted section 367.0817(3), Florida Statutes (1995), as follows: Present PSC policy with regard to reuse implementation cost recovery is to allow the utility to "recover the full cost of such facilities through their rate structure." (s.403.064(6), F.S.) Ho...
...As Florida Water argues, where the PSC has previously made this determination about service areas involved in the present case, any deviation from prior policy must be explained. [10] Before a reuse facility is built, the plans can be submitted to the PSC for approval. § 367.0817(1), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1983 WL 813603
...Such contributions include the construction of facilities for the utility by a developer, as well as connection fees paid by customers moving into the development. Application of Tamarac Utilities, Inc.,
45 Fla. Supp. 164 (Fla.P.U.C. 1977). Though not expressly applicable here, section
367.081(2), Florida Statutes (1981), contains a detailed description of CIAC property that is helpful: any amount or item of money, services, or property received by a utility, from any person or governmental agency, any portion of which is p...
CopyPublished | District Court of Appeal of Florida | 1999 Fla. App. LEXIS 5934, 1999 WL 761169
...the utility’s rate base. A regulated utility is entitled to an opportunity to earn a fair rate of return on its “rate base” — the capital prudently invested in the utility’s facilities that “are used and useful in the public service.” § 367.081(2)(a), Fla....
...Palm Coast first contends that the Commission erred in utilizing a so-called “lot count” methodology in determining that portion of the Palm Coast’s water transmission and distribution system and its wastewater gravity mains which are deemed used and useful in the public service. § 367.081(2)(a), Fla....
CopyPublished | Florida 1st District Court of Appeal | 2000 Fla. App. LEXIS 13855, 2000 WL 1617858
...Commission and the Florida Department of Environmental Protection testified. In setting rates, the Commission must consider, among other things, “a fair return on the investment of the utility in property used and useful in the public service.” § 367.081(2)(a)l, Fla....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 10020, 1991 WL 204594
...to, approval by the Florida Public Service Commission of a petition to be filed by either Seller, or Buyer on Seller’s behalf, which requests that said rate of One Dollar and 39/100 ($1.39) per thousand gallons be “passed-through”, pursuant to Section 367.081(4)(b), Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 1999 Fla. App. LEXIS 5937
...The commission shall also consider the investment of the utility in land acquired or facilities constructed or to be constructed in the public interest within a reasonable time in the future, not to exceed, unless extended by the commission, 24 months from the end of the historical test period used to set final rates. § 367.081(2)(a), Fla....
...Incrementally these contributions-in-aid-of-construction replace the utility's own original investment in reserve capacity. "Moneys received as contributions-in-aid-of-construction cannot be included `in the rate base of any utility during a rate proceeding.' § 367.081(2)(a), Fla....
...1st DCA 1985)." Southern States Utils. v. Florida Pub. Serv. Comm'n,
714 So.2d 1046, 1057 (Fla. 1st DCA 1998). Consistently since the statute was amended to disallow contributions-in-aid-of-construction in rate base, Ch. 80-99, § 10, at 383, Laws of Fla., the PSC has interpreted section
367.081 to require that margin reserves be decreased by the imputation of contributions-in-aid-of-construction....
...(2) "Margin reserve period" is defined as the time period needed to install the next economically feasible increment of plant capacity. (3) Margin reserve is an acknowledged component of the used and useful rate base determination that when requested and justified shall be included in rate cases filed pursuant to section 367.081, Florida Statutes....
...State, Florida Public Service Commission,
705 So.2d 620, 623 (Fla. 1st DCA 1998), we held: "The commission shall ... consider the investment of the utility in land acquired or facilities constructed or to be constructed in the public interest within a reasonable time in the future...." §
367.081(2)(a), Fla....
...It does not govern recovery of capital improvements of any kind based on the nature or purpose of the improvements. Recovery Of Reuse Costs The final order's conclusion that "the proposed rule would have the unlawful effect of denying a utility recovery of its reuse costs through rates, contrary to Sections
403.064(10) and
367.0817(3), Florida Statutes," is plainly mistaken....
...While numerous expert witnesses offered views on both of these questions, the former is essentially a matter of Commission procedure and the latter is statutory policy at the core of the legislative *845 prohibition against including contributions-in-aid-of-construction in rate base. See § 367.081(2)(a), Fla....
CopyPublished | Supreme Court of Florida | 1978 Fla. LEXIS 4759
rates in accordance with the prescriptions of Section
367.081, Florida Statutes (rate base/rate of return)
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 2809, 1991 WL 43178
...Florida Public Service Commission,
418 So.2d 249 (Fla.1982), and Richter v. Florida Power Corp.,
366 So.2d 798 (Fla. 3d DCA 1979), has the authority to determine whether there are mistakes of this character in its prior orders and has a duty to correct such errors. *666 Section
367.081, Florida Statutes, provides that the PSC has exclusive jurisdiction over the rates of each public utility and must: either upon request or upon its own motion, fix rates which are just, reasonable, compensation.......
...might have had. Although Sunshine contended that it did not have the burden of establishing its investment, statutory and case law indicates to the contrary. See South Florida National Gas Co. v. Public Service Commission,
534 So.2d 695 (Fla.1988). Section
367.081, Florida Statutes, provides that the commission shall upon request or upon its own motion fix rates which are reasonable....
...Testimony *667 that the audit did not and could not reflect CIAC that may have existed when the systems were purchased constituted competent substantial evidence supporting the Commission’s rejection of the proposed finding. Affirmed. SMITH and WIGGINTON, JJ., concur. . The amount of CIAC is at issue because the statute, § 367.081, Florida Statutes, does not allow the inclusion of CIAC in the rate base of any utility during a rate proceeding....
CopyPublished | Florida 1st District Court of Appeal
...stage of the proceeding and admitting exhibits offered by its staff
over OPC’s objection; (b) whether the Commission’s analysis of the
Sandalhaven and Lusi wastewater systems departed from the
standards for “used and useful” analysis set forth in section
367.081(2)(a) 2....
...opportunity to earn a fair rate of return on its ‘rate base’—the
capital prudently invested in the utility's facilities that ‘are used
and useful in the public service.’” Palm Coast Util. Corp. v. State,
Fla. Pub. Serv. Com'n,
742 So. 2d 482, 484 (Fla. 1st DCA 1999)
(quoting section
367.081(2)(a), Fla....
...Such property is needed to serve customers more
than 5 full years after the end of the test year used in the
commission's final order on a rate request as provided in
subsection (6) only to the extent that the utility presents
clear and convincing evidence to justify such
consideration.
§ 367.081(2)(a)2....
...future connections that would occur, if ever, at some unspecified
time perhaps beyond the statutory time limits. Indeed, a number
of pre-paid connections never came to fruition. Because pre-paid
connections lack a timeframe, they are speculative and contrary to
how section 367.081(2) was intended to apply temporally in rate
cases.
The Commission counters that it has broad regulatory powers
and that it has specific authority in subsection (2)(a)2....
...the end of the test year at a growth rate for equivalent residential
connections not to exceed 5 percent per year.” It also points to Rule
25-30.432, Florida Administrative Code, entitled “Wastewater
Treatment Plant Used and Useful Calculations,” which
implements section 367.081(2) as additional authority....
...Indeed, the rule does make mention of “other factors” as
follows:
7
In determining the used and useful amount, the
Commission will also consider other factors such as the
allowance for growth pursuant to Section 367.081(2)(a)
2., F.S., infiltration and inflow, the extent to which the
area served by the plant is built out, whether the
permitted capacity differs from the design capacity,
whether there are differences between the actual...
...rule, a valid legal factor that it can apply as it sees fit. It sees the
phrase “other factors” in its administrative rule as a potentially
8
limitless fount of regulatory power, even though the law the rule
purports to implement—section 367.081(2)—cannot be read to
support that expansive a result.
Section 367.081(2) does not mention pre-paid connections or
similar items as part of the used and useful calculus, but it
establishes a relatively open-ended allocation of regulatory
authority to set rates and to include “operating expenses incurre...
...in the operation of all property used and useful in the public
service.” We read the statute to apply to pre-paid connections,
provided adequate proof is presented that pre-paid connections are
“property” that falls within the statutory strictures of section
367.081(2) and that one of the temporal restrictions in subsection
(2)(a) is met....
...or wastewater service that meets the standards promulgated by
the Department of Environmental Protection or the water
management districts, the commission may reduce the utility’s
return on equity until the standards are met.” §
367.111(2), Fla.
Stat. (emphasis added). The second,
367.0812(4), states:
The commission may prescribe penalties for a utility’s
failure to adequately resolve each quality of water service
issue as required....
...increase for a utility’s system or part of a system if it
determines that the quality of water service is less than
satisfactory until the quality of water is found to be
satisfactory, or revocation of the certificate of
authorization pursuant to s.
367.072.
§
367.0812(4), Fla....
...imposes a financial penalty on a specific offending sub-utility
within a consolidated system of utilities; although section
367.11(2) uses only the phrase “a utility” and thereby could be
interpreted to mean a consolidated utility, it must be read in
conjunction with section 367.0812(4), which allows for penalties on
“part of a system” where the quality of water service is less than
satisfactory....
CopyPublished | Supreme Court of Florida | 1973 Fla. LEXIS 5015
...his copy on July 11, and the other two received theirs on July 13. 1972, all by messenger. There was no evidence that any customers were notified of, or paid, the increased rates adopted on the July 1, 1972 resolution prior to July 11, 1972. “F.S. Section 367.081, F.S.A., provides : ‘(1) Rates and charges being charged and collected by a utility shall be changed only by approval of the commission.’ “This provision of the statute was drafted by our staff to overcome problems identical to the one in this case....
CopyPublished | Supreme Court of Florida | 1981 Fla. LEXIS 2731
...Department of Education,
317 So.2d 68, 73 (Fla.1975), quoting Curry v. Lehman,
55 Fla. 847, 855 ,
47 So. 18 , 21 (1908); see also §
1.04 Fla.Stat. (1979). One of the policies applicable to both of these laws is that a public body be responsible for regulating a utility’s financial structure. See §
367.081, Fla.Stat....
CopyPublished | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 6569
... §§
366.06(2),
366.05(1), Florida Statutes (1979). This Court has consistently recognized the broad legislative grant of authority which these statutes confer and the considerable license the Commission enjoys as a result of this delegation. Id. Section
367.081(2), Florida Statutes (1997), contains no requirement that a utility owning multiple systems must prove that the systems are functionally related in order for the PSC to set uniform rates applicable to some or all of the systems....
...The commission shall also consider the investment of the utility in land acquired or facilities constructed or to be constructed in the public interest within a reasonable time in the future, not to exceed, unless extended by the commission, 24 months from the end of the historical test period used to set final rates. § 367.081, Fla....
...evitable intra-system subsidization. Nor is a pure cost of service basis as to each individual ratepayer mandated by a statute which directs that “the commission shall consider the value and quality of service and the cost of providing service.” § 367.081(2), Fla....
...holds paying less than maximum rates, such use need not lead to unfairly discriminatory rates. Cost Of Service Remains Starting Point The PSC properly requires rigorous cost accounting in every ratemaking case. By providing that rates be reasonable, section 367.081(2)(a), Florida Statutes (1997), so dictates....
...This has created an incentive for larger utilities to acquire small, troubled utilities. In fact, many small utilities[] have been acquired by larger utilities, and we have changed rate base in only a few instances. ... We acknowledged that we had consistently interpreted the “investment of the utility,” as contained in Section 367.081(2)(a), Florida Statutes, to be the original cost of the property when first dedicated to the public service, and would not deviate from that interpretation....
...useful or other ratemaking calculations. The treatment of eontributions-in-aid-of-construction is one example. Moneys received as contributions-in-aid-of-construction cannot be included “in the rate base of any utility during a rate proceeding.” §
367.081(2)(a), Fla. Stat. (1997). See Florida Waterworks Ass’n v. Florida Public Serv. Comm’n,
473 So.2d 237, 243 (Fla. 1st DCA 1985). *1058 Here Florida Water complains that the PSC failed to give effect to section
367.0817(3), Florida Statutes (1997), when it treated reuse facilities essentially the same way it treated all other plant and equipment for purposes of making used and useful calculations....
...d by subsection (2) or facilities used for reliability purposes for a reclaimed water reuse system, to recover the full, prudently incurred cost of such studies and facilities through their rate structure. Enacted at the same time as this provision, section 367.0817(3), Florida Statutes (1995), provides: All prudent costs of a reuse project shall be recovered in rates....
...arily benefit present customers of the utility, ie. [sic] “used and useful in the public service”) might have arguably been denied by the commission. Id. at 7. The same source describes the situation prior to the passage of the bill that enacted section 367.0817(3), Florida Statutes (1995), as follows: Present PSC policy with regard to reuse implementation cost recovery is to allow the utility to “recover the full cost of such facilities through their rate structure.” (s.403.064(6), F.S....
...As Florida Water argues, where the PSC has previously made this determination about service areas involved in the present case, any deyiation from prior policy must be explained. . Before a reuse facility is built, the plans can be submitted to the PSC for approval. § 367.0817(1), Fla....
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 29, 1993 WL 2957
...We again face judicial interference with the regulatory function, and, as we did in Hill Top Developers , condemn the trial court’s intrusion into the PSC’s statutorily delegated responsibility to fix a “just, reasonable, and compensatory” rate for service availability. See § 367.081(2)(a), Fla.Stat....
CopyPublished | District Court of Appeal of Florida | 1975 Fla. App. LEXIS 14781
...On July 1, 1973 a local Act for Jacksonville became effective requiring the Board, in setting rates, to be governed by the same rules and criteria as the Florida Public Service Commission under Chapter 367 of the Florida Statutes, more particularly, Section 367.081(2) F.S....
...in the finding of substantial records and books of account regarding the original costs of the services operated by Petitioners. 1 The contention of Petitioners, however, was that after July 1, 1973, the Board was required to apply the criteria of F.S. 367.081 and that an engineer’s original cost evaluation report was a sufficient showing of the value of the system to establish a rate base on which a fair return could be determined....
...Petitioners argument presupposed that sufficient credible testimony was received by the rate-making body to determine the fair value of the property of the utility used and useful in the public service. A review of the transcript of the testimony and by the application of the provisions of Section 367.081 F.S....
CopyPublished | Florida 1st District Court of Appeal | 1983 WL 821931
...ted inflation-attrition allowance should be denied. The holding of PSC on this point was not that there was no inflation-attrition, but that these Utilities failed to present competent substantial evidence to support the allowance. Florida Statutes, Section 367.081(2), mandates that utilities receive a fair return on investments in property used and useful in the public service....
...for rehearing dismissed, 203 N.E.2d 204 (1965). [2] The Commission has subsequently adopted the figure of 8.99 percent as an inflation adjustment, known as the "GNP Implicit Price Deflator," pursuant to the inflation indexing procedure mandated in Section 367.081(4)(a), Florida Statutes (1980 Supp.)....
CopyPublished | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 155, 1998 WL 5407
...ed Wastewater Treatment Plant, then used a novel method — without explaining the shift in methodology — to determine that less than two-thirds (65.9 percent) of the total investment Florida Cities had made in the plant was “used and useful.” § 367.081(2)(a), Fla....
...ed in the utility’s rate base. Finding no controlling Florida precedent, we hold that the PSC must, in considering what to include 2 in the rate base, treat capital improvements required by governmental regulations as “in the public interest,” § 367.081(2)(a), Fla....
...are “used and useful in the public service.” Id. “The commission shall ... consider the investment of the utility in land acquired or facilities constructed or to be constructed in the public interest within a reasonable time in the future_” § 367.081(2)(a), Fla....
...Neither party has advocated on appeal for a discrete "used and useful’’ calculation for the reuse facility or contended that the reuse facility should be considered separately from the rest of the system. We do not, therefore, reach any question arising under section 367.0817(3), Florida Statutes (1995)....
CopyPublished | Supreme Court of Florida | 1973 Fla. LEXIS 4777
therefore respectfully dissent. . Fla.Stat. §
367.081(2) — Guaranteeing fair return on investment.
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 8932, 1993 WL 328432
...e and administrative work by ERCs. AFFIRMED in part, REVERSED in part, and REMANDED for further proceedings consistent with this opinion. ZEHMER, C.J., concurs and dissents with written opinion. WEBSTER, J., specially concurs with written opinion. . Section 367.081(2)(a), Florida Statutes (1989), requires the commission to fix rates which are "just, reasonable, compensatory, and not unfairly discriminatory.” In so doing, "the commission shall not allow the inclusion of contributions-in-aid-of-...
CopyPublished | District Court of Appeal of Florida | 1990 Fla. App. LEXIS 6628, 1990 WL 126335
...d as if it could have been refinanced December 1, 1984. Second, we address whether it was permissible for the Commission to settle upon the 14.25% interest rate in its rate-base calculations. *1328 The Commission relies on the following provision in section 367.081(3), Florida Statutes (1985): The Commission, in fixing rates, may determine the prudent cost of providing service during the period of time the rates will be in effect following the entry of a final order relating to the rate request...
CopyPublished | District Court of Appeal of Florida | 1976 Fla. App. LEXIS 15031, 1976 WL 357276
...§
367.022(2), but claims that it has standing on its own behalf and on behalf of the customers of the two private utilities to bring the instant action. The complaint also admits that the Commission must “pass through” the rate increases to the two private utilities pursuant to F.S. §
367.081(3), but contends that the Commission may challenge whether those rates have been set in accordance with the laws of Florida....
