Florida Statute 368.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 368
GAS TRANSMISSION AND DISTRIBUTION

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F.S. 368.05

368.05 Commission jurisdiction; rules.—

(1) In addition to its existing functions, the Florida Public Service Commission shall have jurisdiction over all persons, corporations, partnerships, associations, public agencies, municipalities, or other legal entities engaged in the operation of gas transmission or distribution facilities with respect to their compliance with the rules and regulations governing safety standards established by the commission pursuant to this law. The jurisdiction conferred upon the commission hereby shall be exclusive of and superior to that of all other boards, agencies, political subdivisions, municipalities, towns, villages, or counties; and in case of conflict therewith all lawful safety acts, orders, and rules of the commission shall in each instance prevail.

(2) The commission shall have the power to perform any and all acts necessary or appropriate to the exercise of the authority granted under the provisions of this law. The commission has authority to adopt rules pursuant to ss. 120.536(1) and 120.54 to implement provisions of law conferring duties upon it. The commission may require the filing of periodic reports and all other data reasonably necessary to determine whether the safety standards prescribed by it are being complied with; may require repairs and improvements to the gas transmission and distribution piping systems subject to this law which are reasonably necessary to promote the protection of the public; and may exercise all judicial powers, issue all writs, and do all things necessary or convenient to the full and complete exercise of its jurisdiction and the enforcement of its safety orders and rules adopted pursuant to this law.

(3) The jurisdiction conferred upon the commission by this part does not extend to the distribution of gas beyond the last meter prior to consumption.

History.—ss. 48, 49, ch. 59-304; s. 1, ch. 63-279; s. 1, ch. 65-52; s. 4, ch. 67-379; s. 14, ch. 82-25; s. 74, ch. 98-200.

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Amendments to 368.05

Arrestable Offenses / Crimes under Fla. Stat. 368.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 368.05.

Annotations, Discussions, Cases:

Cases Citing Statute 368.05

Total Results: 4

Schaeffer v. Schaeffer

Court: District Court of Appeal of Florida | Date Filed: 1992-05-26

Citation: 606 So. 2d 369, 1992 Fla. App. LEXIS 5449, 1992 WL 109123

Snippet: Employes’ Dep’t v. Wright, 364 U.S. 642, 81 S.Ct. 368, 5 L.Ed.2d 349 (1961); Jackson, 150 Fla. at 237, 7

Hale v. Miracle Enterprises Corp.

Court: District Court of Appeal of Florida | Date Filed: 1987-12-29

Citation: 517 So. 2d 102, 1987 WL 3368

Snippet: Employes' Dep't v. Wright, 364 U.S. 642, 81 S.Ct. 368, 5 L.Ed.2d 349 (1961); Jackson, 150 Fla. at 237, 7

Levenson v. American Laser Corp.

Court: District Court of Appeal of Florida | Date Filed: 1983-09-23

Citation: 438 So. 2d 179

Snippet: Federation No. 91 v. Wright, 364 U.S. 642, 81 S.Ct. 368, 5 L.Ed.2d 349 (1961), the consent agreement itself

Smith v. Voight

Court: Supreme Court of Florida | Date Filed: 1946-12-20

Citation: 28 So. 2d 426, 158 Fla. 366, 1946 Fla. LEXIS 589

Snippet: The application of the Voights for the *Page 368 $5,000.00 tax exemption was refused or denied, largely