Florida/Georgia Personal Injury & Workers Compensation

underlying Chapter 11 proceeding pursuant to 11 U.S.C. § 350.1 As the matter now stands, assuming the district

quasi-judicial powers. Florida Statutes 1955, § 350.01 et seq. F.S.A. By intervention, Western Growers

...[4] As a part of the legislative branch, the membership and reporting scheme of the FCE is entirely consistent with the legislature's ability to staff its sub-units in any manner it deems proper that does not violate the constitution. The present appointments scheme is constitutionally sound. See, e.g., §§ 350.001, 350.03, Fla....

...report by the FCE. [3] While this Court has found the PSC to be a part of either the legislative or judicial branch, In re Advisory Opinion To The Governor, 223 So.2d 35 (Fla. 1969), the legislature has declared it to be a legislative branch entity, § 350.001, Fla....

...The commission also performs quasi-judicial functions. However, its primary function is setting rates, which is legislative in nature. The legislature, in creating the Public Service Commission, expressly stated that the Public Service Commission is part of the legislative branch. Section 350.001, Florida Statutes (1989), provides: The Florida Public Service Commission has been and shall continue to be an arm of the legislative branch of government....

...[12] We find the historical context offered by Commissioner Clark in her dissenting opinion to be helpful. Order at 64-71. The record also contains a relevant discussion by FPC counsel Gary L. Sasso before the PSC in proceedings below. Record on Appeal, Vol. I of Hearing Transcript at 21-50. [13] § 350.001, Fla....

...vernor's appointment authority. The Nominating Council had no authority under the circumstances of this case to appoint Bruce, and the Governor's appointment of Kiesling is valid. The Public Service Commission is an entity of the legislative branch. § 350.001, Fla. Stat. (1993). The Legislature therefore has the authority to establish how Commission members will be selected. Chiles v. Public Serv. Comm'n Nominating Council, 573 So.2d 829, 832-33 (Fla. 1991). Sections 350.001 and 350.031, Florida Statutes (1993), give the Nominating Council the responsibility to nominate competent and qualified persons and the Governor the responsibility to appoint commissioners from those nominated....

...If the Senate refuses to confirm or rejects the Governor's *604 appointment, the council shall initiate, in accordance with this section, the nominating process within 30 days. Once the Nominating Council identifies its nominees, the Governor plays an important — albeit limited — role in the selection process. Section 350.001 gives the Governor "a limited authority with respect to the Public Service Commission by authorizing him to participate in the selection of members only from the list provided by the Florida Public Service Commission Nominating Council in the manner prescribed by s....

...§ 350.031(6), Fla. Stat. (1993). Section 350.031(7) provides a further check on the Governor's authority by requiring Senate confirmation of the Governor's appointment. In this case, Bruce asserts that the Nominating Council has the discretionary power under section 350.001, Florida Statutes (1993), to limit the appointing authority of the Governor through the manner in which it submits lists of qualified names to the Governor. Section 350.001 provides that the Governor is "to participate in the selection of members only from the list provided by the [Council] in the manner prescribed by s....

...Even if these were rules, they impermissibly go beyond what the statutes allow. Department of Natural Resources v. Wingfield Dev. Co., 581 So.2d 193 (Fla. 1st DCA 1991). In conclusion, we find that the Governor acted in accordance with the provisions of sections 350.001 and 350.031 in appointing Kiesling....

underlying Chapter 11 proceeding pursuant to 11 U.S.C. § 350.1 As the matter now stands, assuming the district

...Commission’s findings in the final order is also without merit because, although it may be the better practice, the Commission is not required by statute or case law to address each issue of disputed fact in its final order. Pursuant to section 350.001, Florida Statutes, titled “Legislative intent,” the Commission is an arm of the legislative branch and shall perform its duties independently....

...Further, “ ‘[w]here possible, courts must give full effect to all statutory provisions and construe related statutory provisions in harmony with one another.’ ” Phillips, 126 So. 3d at 192 (quoting Heart of Adoptions, 963 So. 2d at 199). The Legislature enacted section 350.001, titled “Legislative intent,” with specific language providing that the Commission perform its duties independently and also enacted sections 366.04(1) and 366.06(1), which provide that the Commission has exclusive jurisdiction to fix fair, just, and reasonable rates of electric utilities....

...SACE does not contest the latter. . Technically speaking, the Legislature in this case has not delegated its power to another branch, as the Public Service Commission "has been and shall continue to be an arm of the legislative branch of government," § 350.001, Fla....

...at 1730 (citations omitted). It is undisputed that the Florida legislature has given the PSC broad authority to regulate telephone common carriers. See Fla.Stat. §§ 364.01, 364.02(3), 364.03(1), 364.035, 364.04(1), 364.05(1), and 364.19; see also § 350.001 ("The Florida Public Service Commission has been and shall continue to be an arm of the legislative branch of government.")....

...The PSC has extensive procedures in place for supervising telephone companies, including the presence of Public Counsel appointed by the State legislature "to provide legal representation for the people of the state in proceedings before the commission." See Fla.Stat. § 350.0611; see generally Fla.Stat. §§ 350.001, et seq....

...11 In exercising this authority, when it reviews a settlement agreement, the Commission does two things. First, it makes factual findings 11. Our dissenting colleagues are correct that the Commission is an “arm of the legislative branch of government,” section 350.001, Florida Statutes (2021), but it does not follow from that observation that we can wash our hands of the judicial review that is our constitutional responsibility, or that “the role of our Court and federal courts fundamentally diff...

...decision it has rendered. The majority’s decision to remand here for further explanation is inconsistent with the presumption of correctness accorded orders of the Commission—which operates as “an arm of the legislative branch of government,” § 350.001, Fla. Stat....

...than ideal clarity if the agency’s path may reasonably be discerned.” Motor Vehicle Mfrs. Ass’n of U.S., Inc., 463 U.S. at 43 (quoting Bowman Transp. Inc. v. Arkansas-Best Freight Sys., 419 U.S. 281, 286 (1974)). But in Florida, the Commission is a legislative creature. § 350.001 (“The Florida Public Service Commission has been and shall continue to be an arm of the legislative branch of government.”)....

...It was filed as a petition for review of non-final agency action under section 120.68(1)(a), Florida Statutes, but the Administrative Procedure Act does not apply to quasi-legislative functions like the interim ratemaking being challenged here. Cf. § 350.001, Fla....

Id. (quoting Restatement (Second) of Contracts § 350(1) (1979)). Damages recoverable through court-ordered