CopyCited 193 times | Published | Supreme Court of Florida | 2003 WL 22966277
...ting forth criteria governing the commission); ch. 366, Fla. Stat. (1997) (declaring that the regulation of public utilities" "shall be deemed to be an exercise of the police power of the state" and setting forth criteria governing such regulation); § 366.02(2), Fla....
...on-generating rural electric cooperative." See Florida Public Service Comm'n, Statistics of the Florida Electric Utility Industry 4 (2001). Cooperatives are joint ventures organized for the purpose of supplying electricity to a specified area. Under section 366.02, Florida Statutes (2002), such entities are not considered "public utilities" and therefore, with limited exceptions, are outside the regulatory scope of chapter 366. The majority cites section 366.02(2), Florida Statutes (2002), defining "electric utility." Majority op....
CopyCited 54 times | Published | Supreme Court of Florida | 98 P.U.R.4th 533
...After a hearing, the PSC ruled that PW Ventures proposed transaction with Pratt fell within its regulatory jurisdiction. At issue here is whether the sale of electricity to a single customer [4] makes the provider a public utility. The decision hinges on the phrase "to the public," as it is used in section 366.02(1), Florida Statutes (1985)....
...zed or erroneous. Gay v. Canada Dry Bottling Co.,
59 So.2d 788 (Fla. 1952). Also, it is significant that the statute itself would permit the type of transaction proposed by PW Ventures and Pratt to be unregulated if it were for natural gas services. Section
366.02(1) provides the following exemption: "[T]he term `public utility' as used herein does not include ......
...The express mention of one thing implies the exclusion of another. Thayer v. State,
335 So.2d 815 (Fla. 1976). This rationale is further illustrated in the statutory regulation of water and sewer utilities. As explained in the PSC order: In parallel with Section
366.02(1), Section
367.021, Florida Statutes (1985), defines a water or sewer utility as every person "providing, or who proposes to provide, water or sewer service to the public for compensation." Section
367.022(6), Florida Statutes, expres...
...l limits of any corporation like a city, town, or county; the people. In another sense the word does not mean all the people, nor most of the people, nor very many of the people of a place, but so many as contradistinguishes them from a few. Thus if Section 366.02(1) is given its plain and ordinary meaning, a person is not supplying electricity "to the public," if it supplies electricity only to a single *285 industrial customer on whose property the electric generating facility is located....
CopyCited 21 times | Published | Supreme Court of Florida | 2002 WL 825704
...ric cooperatives: (2) In the exercise of its jurisdiction, the commission shall have power over electric utilities for the following purposes: . . . . (b) To prescribe a rate structure for all electric utilities. §
366.04(2), Fla. Stat. (2001). [2] Section
366.02, Florida Statutes (2001), provides the following definition for an electric utility: (2) "Electric utility" means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or...
...This provision does not make a distinction between retail and wholesale rate structures or between utilities engaged in retail sales and utilities engaged in wholesale sales. It states that our rate structure jurisdiction extends to all electric utilities. Section 366.02(2), Florida Statutes defines the term "electric utility" as follows: (3) "Electric utility" means any municipal electric utility, investor-owned electric utility, or rural electric cooperative *303 which owns, maintains, or operates an...
...istribution system within the state." (Emphasis added). Seminole is a rural electric cooperative which owns, maintains, and operates generation and transmission facilities within the state. Seminole concedes it is an "electric utility" as defined in Section
366.02(2), Florida Statutes. Sections
366.04(2)(b) and
366.02(2), Florida Statutes, given their plain and ordinary meaning, clearly and unambiguously convey upon this Commission the jurisdiction to prescribe a rate structure for a rural electric cooperative, such as Seminole, that owns, maintains, and operates a generation and transmission system within the state....
...ture knew how to exempt wholesale matters from certain aspects of this Commission's jurisdiction but chose not to exempt wholesale sales in their entirety. This interpretation is consistent with the plain language used by the Legislature in Sections
366.02(2) and
366.04(2)(b), Florida Statutes, as discussed above....
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 118 P.U.R.4th 287, 1990 U.S. App. LEXIS 16430, 1990 WL 125506
...Retail rates are determined through a process known as a "rate case." 3 The FPSC was formerly the Florida Railroad and Public Utilities Commission 4 The statute defines "public utility" as including natural gas distributors, but not LP gas distributors. Fla.Stat.Ann. Sec.
366.02 5 Section
366.04 was revised in 1989 and the new statute expressly empowers the FPSC to approve territorial agreements between natural gas utilities....
CopyCited 14 times | Published | District Court, M.D. Florida | 19 Fed. R. Serv. 2d 1140, 1973 U.S. Dist. LEXIS 12860
...mined that “trailer parks, condominium housing units, apartment complexes, shopping centers, marinas, and other such businesses” engaged in the resale of electricity to their tenants are not “public utilities” within the meaning of Fla.Stat. § 366.02 because the resale of electricity was not “to the public” as that phrase has ordinarily been interpreted....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1978 WL 391813
...and charges. We affirm. The PSC's power to regulate is based upon the provisions of Chapter 366, Florida Statutes (1975). With limited exceptions, not relevant here, the jurisdiction of the PSC is limited to "public utilities", which are defined in Section 366.02, Florida Statutes (1975), as: ......
...It is equally apparent from a reading of the enacting legislation (Chapter 67-1569), Laws of Florida, as amended by Chapter 71-698, Laws of Florida) that the JEA is an electric utility operated by the City of Jacksonville and that it, therefore, lies within the jurisdictional exclusions pronounced by Sections
366.02 and
366.11, Florida Statutes (1975)....
CopyCited 10 times | Published | Supreme Court of Florida | 1976 WL 352305
...stitution. [10] Notwithstanding that acts of the Legislature are presumptively valid, [11] we agree with appellants that the statute is constitutionally defective. Both sides agree that the Florida Legislature could repeal the exemption expressed in Section 366.02, Florida Statutes, and thereby extend the full jurisdiction of the Commission to direct industrial sales of natural gas by interstate pipe line transmission companies....
...must give notice of that interrelationship. [21] The Legislature can validly regulate natural gas distributors as an exercise of the police power of the State if the public interest so requires, simply by repealing the exemption which now appears in Section 366.02, Florida Statutes (1973)....
...NOTES [1] Sales by appellants for resale are regulated by the Federal Power Commission and are not involved in this proceeding. [2] 15 U.S.C. § 717f(c). [3] See Natural Gas Act, 15 U.S.C. § 717(b); Panhandle Eastern Pipe Line Co. v. Public Svc. Comm'n of Indiana,
332 U.S. 507,
68 S.Ct. 190,
92 L.Ed. 128 (1947). [4] Section
366.02, Fla....
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 1989 U.S. App. LEXIS 11874, 1989 WL 81651
...ctive ratemaking just one aspect of ratesetting process). Were the statutes silent with respect to exclusive territorial agreements, perhaps there would' be some merit to City Gas’ argument that the authority granted to the Commission in Fla.Stat. § 366.02 to “prescribe fair and reasonable rates and charges” includes the power to approve territorial agreements....
CopyCited 6 times | Published | Supreme Court of Florida | 1980 WL 579665
...s, a merger of two other corporate entities which allegedly will be made possible through the purchase of certain properties of one of those entities from the proceeds of the securities issue. On May 24, 1979, Peoples, a public utility as defined in section 366.02, Florida Statutes (1977), applied to the Commission for authority to issue and sell (i) senior promissory notes, eleven percent, in the amount of $35,000,000, and (ii) up to 1,505,000 shares of Class B common stock (nonvoting), par value $3.33 1/3 per share, for a consideration of $10 per share....
CopyCited 6 times | Published | Supreme Court of Florida | 15 Fla. L. Weekly Supp. 583, 1990 Fla. LEXIS 1582, 1990 WL 177000
...ch instance prevail. *1255 Id. (emphasis supplied). The legislature defined "public utility" as "every person, corporation, partnership, association, or other legal entity ... supplying electricity or gas ... to or for the public within this state." § 366.02(1), Fla....
...issue orders accordingly. See PW Ventures, Inc. v. Nichols,
533 So.2d 281 (Fla. 1988) (approving the PSC's determination that the sale of electricity to a single customer makes the provider a "public utility" subject to PSC jurisdiction pursuant to section
366.02(1), Florida Statutes (1985)); Fletcher Properties, Inc....
...isdiction); Willis,
310 So.2d at 1 (the circuit court had no jurisdiction to entertain lawsuits concerning noncompetitive agreements between common carriers regulated by the PSC). The PSC in this case relied on the language in sections
366.04(1) and
366.02(1) as the basis of its jurisdiction....
CopyCited 6 times | Published | District Court, S.D. Florida | 1987 U.S. Dist. LEXIS 6926
...This Chapter defines a public utility to include any supplier of gas natural, manufactured or similar gaseous substance with exceptions which are not relevant here except that, notably, a person supplying LP gas is not a public utility. Fla.Stat. § 366.02 (1985)....
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 1985 WL 1083647
...y. The nature of the service must be such that all members of the public have an enforceable right to demand it." Id. at 201 (citations omitted). See also Department of Revenue v. Merritt Square Corporation,
334 So.2d 351 (Fla. 1st DCA 1976) (citing Section
366.02, Florida Statutes, and holding that under that statute a privately owned utility supplying electricity or gas and holding itself out to serve the general public is a public utility)....
...[4] We also do not concern ourselves with, and find totally without merit, Americable's argument in defense of the judgment in its favor that Homeowners is precluded by the doctrines of res judicata and collateral estoppel from bringing this action against Americable. [5] E.g., Section
366.02(1), Florida Statutes (1985), defines "public utility" as an entity supplying electricity or gas to the public, and Section
366.04, Florida Statutes (1985), gives the Commission jurisdiction over such entity....
CopyCited 4 times | Published | Florida 1st District Court of Appeal | 1976 WL 352274
...er either owning, operating, managing or controlling any plant or other facility supplying electricity or gas (natural, manufactured or similar gaseous substance) to or for the public within this state, directly or indirectly for compensation; . .." § 366.02, Florida Statutes....
CopyCited 3 times | Published | Supreme Court of Florida
...Florida Statutes. The Board is a water, sewer and electric utility system created by interlocal agreement between the city and county under Chapter 163, Florida Statutes. Both utilities have been exempt from regulation by this Commission pursuant to Section 366.02, Florida Statutes....
CopyCited 2 times | Published | Florida 2nd District Court of Appeal | 2003 WL 21819032
...*221 Although section
74.011 does not define the term "public utility corporation," other statutes provide definitions in various contexts. FGTC suggests that the various statutes support its contention that it qualifies as a public utility corporation. We disagree. Section
366.02(1), Florida Statutes (2001), includes suppliers of gas to or for the public within Florida in its definition of "public utility," but it excludes "any natural gas transmission pipeline company making only sales or transportation delivery of natural gas at wholesale and to direct industrial consumers." FGTC does not qualify as a public utility under section
366.02(1) because it falls within the exclusion....
...lic utility corporation within the meaning of chapter 74, we would also appropriately consider the title and substance of chapter 366. Chapter 366 is titled "Public Utilities," but as noted previously, the definition of "public utility" contained in section 366.02(1) specifically excludes natural gas transmission pipeline companies that only sell or transport natural gas at wholesale and to direct industrial consumers....
CopyCited 1 times | Published | Supreme Court of Florida | 2015 WL 6387952
...n which presidential electors were chosen.” . Florida law currently defines "public utility" to be "every person, corporation, partnership, association, or other legal entity.... supplying electricity ... to or for the public within this state.” § 366.02(1), Fla....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
and so is within the purview of your request. Section
366.02, F.S., defines a public utility as every corporation
CopyPublished | Supreme Court of Florida
...and section
100.371(5)(a), Florida Statutes.
2. Florida law currently defines “public utility” to be “every person,
corporation, partnership, association, or other legal entity . . . . supplying electricity
. . . to or for the public within this state.” §
366.02(1), Fla....
CopyPublished | Florida 4th District Court of Appeal
...“utility lines” in the statute. The court cited section
350.011, Florida
Statutes (2019)—the statute establishing the Florida Public Service
Commission—because the Commission regulates electric services among
other public utilities. The court also cited section
366.02, Florida Statutes
(2019), which defines certain public utilities for chapter 366 and refers to
an “electric utility.” The court also cited the Merriam-Webster dictionary
definition of “utility.”
Turning to those sources to define “utility” in section
489.105(3)(n) was
unavailing....
CopyPublished | Supreme Court of Florida | 1976 Fla. LEXIS 4617
...Florida Statutes. The Board is a water, sewer and electric utility system created by interlocal agreement between the city and county under Chapter 163, Florida Statutes. Both utilities have been exempt from regulation by this Commission pursuant to Section 366.02, Florida Statutes....
CopyPublished | Supreme Court of Florida
...electric utility” is “any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or oper-. ates an electric generation, transmission, or distribution system within the state.” § ‘ 366.02(2), Fla....
...However, the PSC does not have the statutory authority to approve cost recovery for FPL’s investment in the Woodford Project. As explained above, section
366.06(1) provides that the PSC has the authority to determine and fix fair, just, and reasonable rates for public utilities, and section
366.02(2) defines an electric utility as owning, maintaining, or operating an electric generation, transmission, or distribution system....
CopyPublished | Florida 3rd District Court of Appeal | 2013 Fla. App. LEXIS 1756, 2013 WL 440222
...regulate, and resolve the issues raised by the County. The motion was briefed, 3 argued, and ultimately granted (with prejudice) by the circuit court. This appeal followed. Analysis Although KES is not a “public utility” within the definition of section 366.02(1), Florida Statutes (2011), it is an “electric utility” under the subsection which follows, section 366.02(2)....
CopyPublished | Florida 4th District Court of Appeal
...In PW
Ventures, the court considered whether the sale of electricity to a single
customer rendered a corporation a “public utility,” which was defined as
“every . . . corporation . . . or other legal entity . . . supplying electricity or
gas . . . to or for the public within this state.” Id. at 282–83 (quoting
§ 366.02(1), Fla....
