Florida/Georgia Personal Injury & Workers Compensation

...Finally, our disposition of this matter in no measure offends Article I, Section 21 of the Florida Constitution. Access to the judiciary is not foreclosed by our decision; resort to the judiciary is available following utilization of the administrative process. § 350.128(1), Fla....

...1; see art. V, § 3(b)(2), Fla. Const. ("When provided by general law," this Court "shall review action of statewide agencies relating to rates or service of utilities providing electric, gas, or telephone service"); Fla.R.App.P. 9.030(a)(1)(B)(ii); § 350.128(1), Fla....

...This cause is before us to review Public Service Commission (PSC) order no. 13750 of October 5, 1984, and order no. 13912 of December 11, 1984. Both orders relate to utilities providing long distance telephone service within the state. We have jurisdiction. Art. V, § 3(b)(2), Fla. Const.; § 350.128, Fla....

...before the commission." See Fla.Stat. § 350.0611; see generally Fla.Stat. §§ 350.001, et seq. Moreover, the Supreme Court of Florida and the District Court of Appeal, First District, review challenges to the PSC's decisions pursuant to Fla.Stat. § 350.128....

...The specific "action" at issue is the Commission's determination that certain information provided by the utilities during discovery is not confidential under section 366.093(3), not the Commission's ultimate determination of the utilities' rates or services. See § 350.128(1), Fla....

...submits the following in its place. The public counsel seeks judicial review of action of the Florida Public Service Commission. It was filed as a petition for review of non-final agency action under section 120.68(1)(a), Florida Statutes, but section 350.128(1), Florida Statutes, more specifically states that this court “shall, upon petition, review any [] action of the commission” other than action “relating to rates or service of utilities providing electric, gas, or telephone service.” (emphasis supplied); but cf....

...rendition of the order being appealed.” (emphasis supplied)); see ch. 96-159, § 35, at 202, Laws of Fla. (rewording section 120.68 to provide for either “notice of appeal” or “petition for review,” rather than simply by petition). Subsections two through four of section 350.128 also clearly contemplate procedures for review that are specific to action of the commission (yet not found in section 120.68)....

...V, § 4(b)(2), Fla. Const. (“District courts of appeal shall have the power of direct review of administrative action, as prescribed by general law.”). * We in turn treat the petition as one seeking review of action of the Florida Public Service Commission under section 350.128. That stated, the public counsel now has filed a notice of voluntary dismissal under Florida Rule of Appellate Procedure 9.350(b)....

...LEWIS and B.L. THOMAS, JJ., concur. * We suggest that the Appellate Court Rules Committee consider revisions to Florida Rules of Appellate Procedure 9.030(b), 9.100(c), 9.110(c), and 9.190(b)–(c) to address the specific nature of review directed by section 350.128, Florida Statutes. 2  _____________________________ Not final until disposition of any timely and authorized motion under Fla....

...Petition for Review of Action of the Florida Public Service Commission—Original Jurisdiction. March 27, 2024 TANENBAUM, J. The public counsel seeks judicial review of ratemaking action of the Florida Public Service Commission. See § 350.128(1), Fla. Stat....

...orders leading to final agency action); § 120.80(13), Fla. Stat. (specifying exceptions and exemptions for the Florida Public Service Commission). * We in turn treat the petition as one seeking review of action of the Florida Public Service Commission under section 350.128, Florida Statutes. That stated, the public counsel now has filed a notice of voluntary dismissal under Florida Rule of Appellate Procedure 9.350(b)....

...We find that this Court does not have jurisdiction over this appeal because it concerns a dispute over charges for electricity supplied to an individual residence. See art. V, § 3(b)(2), Fla. Const. We thus transfer this appeal to the First District Court of Appeal. See § 350.128(1), Fla....

...’ demand for electricity when a 420-megawatt (MW) steam-powered generating unit went offline at its Bartow plant in 2017 and was placed back in service at a derated capacity of 380 MW. We have jurisdiction, see art. V, § 3(b)(2), Fla. Const.; § 350.128(1), Fla....

March 11, 1987. Art. V, § 3(b)(2), Fla. Const.; § 350.128, Fla.Stat. (1985). In the order under appeal,