The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 366
PUBLIC UTILITIES

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F.S. 366.04

366.04 Jurisdiction of commission.—

(1) In addition to its existing functions, the commission shall have jurisdiction to regulate and supervise each public utility with respect to its rates and service; assumption by it of liabilities or obligations as guarantor, endorser, or surety; and the issuance and sale of its securities, except a security which is a note or draft maturing not more than 1 year after the date of such issuance and sale and aggregating (together with all other then-outstanding notes and drafts of a maturity of 1 year or less on which such public utility is liable) not more than 5 percent of the par value of the other securities of the public utility then outstanding. In the case of securities having no par value, the par value for the purpose of this section shall be the fair market value as of the date of issue. The commission, upon application by a public utility, may authorize the utility to issue and sell securities of one or more offerings, or of one or more types, over a period of up to 12 months; or, if the securities are notes or drafts maturing not more than 1 year after the date of issuance and sale, the commission, upon such application, may authorize the utility to issue and sell such securities over a period of up to 24 months. The commission may take final action to grant an application by a public utility to issue and sell securities or to assume liabilities or obligations after having given notice in the Florida Administrative Register published at least 7 days in advance of final agency action. In taking final action on such application, the commission may deny authorization for the issuance or sale of a security or assumption of a liability or obligation if the security, liability, or obligation is for nonutility purposes; and shall deny authorization for the issuance or sale of a security or assumption of a liability or obligation if the financial viability of the public utility is adversely affected such that the public utility’s ability to provide reasonable service at reasonable rates is jeopardized. Securities issued by a public utility or liabilities or obligations assumed by a public utility as guarantor, endorser, or surety pursuant to an order of the commission, which order is certified by the clerk of the commission and which order approves or authorizes the issuance and sale of such securities or the assumption of such liabilities or obligations, shall not be invalidated by a modification, repeal, or amendment to that order or by a supplemental order; however, the commission’s approval of the issuance of securities or the assumption of liabilities or obligations shall constitute approval only as to the legality of the issue or assumption, and in no way shall it be considered commission approval of the rates, service, accounts, valuation, estimates, or determinations of cost or any other such matter. The jurisdiction conferred upon the commission shall be exclusive and superior to that of all other boards, agencies, political subdivisions, municipalities, towns, villages, or counties, and, in case of conflict therewith, all lawful acts, orders, rules, and regulations of the commission shall in each instance prevail.

(2) In the exercise of its jurisdiction, the commission shall have power over electric utilities for the following purposes:

(a) To prescribe uniform systems and classifications of accounts.

(b) To prescribe a rate structure for all electric utilities.

(c) To require electric power conservation and reliability within a coordinated grid, for operational as well as emergency purposes.

(d) To approve territorial agreements between and among rural electric cooperatives, municipal electric utilities, and other electric utilities under its jurisdiction. However, nothing in this chapter shall be construed to alter existing territorial agreements as between the parties to such agreements.

(e) To resolve, upon petition of a utility or on its own motion, any territorial dispute involving service areas between and among rural electric cooperatives, municipal electric utilities, and other electric utilities under its jurisdiction. In resolving territorial disputes, the commission may consider, but not be limited to consideration of, the ability of the utilities to expand services within their own capabilities and the nature of the area involved, including population, the degree of urbanization of the area, its proximity to other urban areas, and the present and reasonably foreseeable future requirements of the area for other utility services.

(f) To prescribe and require the filing of periodic reports and other data as may be reasonably available and as necessary to exercise its jurisdiction hereunder.

No provision of this chapter shall be construed or applied to impede, prevent, or prohibit any municipally owned electric utility system from distributing at retail electrical energy within its corporate limits, as such corporate limits exist on July 1, 1974; however, existing territorial agreements shall not be altered or abridged hereby.

(3) In the exercise of its jurisdiction, the commission shall have the authority over natural gas utilities for the following purposes:

(a) To approve territorial agreements between and among natural gas utilities. However, nothing in this chapter shall be construed to alter existing territorial agreements between the parties to such agreements.

(b) To resolve, upon petition of a utility or on its own motion, any territorial dispute involving service areas between and among natural gas utilities. In resolving territorial disputes, the commission may consider, but not be limited to consideration of, the ability of the utilities to expand services within their own capabilities and the nature of the area involved, including population, the degree of urbanization of the area, its proximity to other urban areas, and the present and reasonably foreseeable future requirements of the area for other utility services.

(c) For purposes of this subsection, “natural gas utility” means any utility which supplies natural gas or manufactured gas or liquefied gas with air admixture, or similar gaseous substance by pipeline, to or for the public and includes gas public utilities, gas districts, and natural gas utilities or municipalities or agencies thereof.

(4) Any customer shall be given an opportunity to present oral or written communications in commission proceedings to approve territorial agreements or resolve territorial disputes. If the commission proposes to consider such material, then all parties shall be given an opportunity to cross-examine or challenge or rebut it. Any substantially affected customer shall have the right to intervene in such proceedings.

(5) The commission shall further have jurisdiction over the planning, development, and maintenance of a coordinated electric power grid throughout Florida to assure an adequate and reliable source of energy for operational and emergency purposes in Florida and the avoidance of further uneconomic duplication of generation, transmission, and distribution facilities.

(6) The commission shall further have exclusive jurisdiction to prescribe and enforce safety standards for transmission and distribution facilities of all public electric utilities, cooperatives organized under the Rural Electric Cooperative Law, and electric utilities owned and operated by municipalities. In adopting safety standards, the commission shall, at a minimum:

(a) Adopt the 1984 edition of the National Electrical Safety Code (ANSI C2) as initial standards; and

(b) Adopt, after review, any new edition of the National Electrical Safety Code (ANSI C2).

The standards prescribed by the current 1984 edition of the National Electrical Safety Code (ANSI C2) shall constitute acceptable and adequate requirements for the protection of the safety of the public, and compliance with the minimum requirements of that code shall constitute good engineering practice by the utilities. The administrative authority referred to in the 1984 edition of the National Electrical Safety Code is the commission. However, nothing herein shall be construed as superseding, repealing, or amending the provisions of s. 403.523(1) and (10).

(7)(a) As used in this subsection, the term “affected municipal electric utility” means a municipality that operates an electric utility that:

1. Serves two cities in the same county;

2. Is located in a noncharter county;

3. Has between 30,000 and 35,000 retail electric customers as of September 30, 2007; and

4. Does not have a service territory that extends beyond its home county as of September 30, 2007.

(b) Each affected municipal electric utility shall conduct a referendum election of all of its retail electric customers, with each named retail electric customer having one vote, concurrent with the next regularly scheduled general election following the effective date of this act.

(c) The ballot for the referendum election required under paragraph (b) shall contain the following question: “Should a separate electric utility authority be created to operate the business of the electric utility in the affected municipal electric utility?” The statement shall be followed by the word “yes” and the word “no.”

(d) The provisions of the Election Code relating to notice and conduct of the election shall be followed to the extent practicable. Costs of the referendum election shall be borne by the affected municipal electric utility.

(8)(a) The commission shall regulate and enforce rates, charges, terms, and conditions of pole attachments, including the types of attachments regulated under 47 U.S.C. s. 224(a)(4), attachments to streetlight fixtures, attachments to poles owned by a public utility, or attachments to poles owned by a communications services provider, to ensure that such rates, charges, terms, and conditions are just and reasonable. The commission’s authority under this subsection includes, but is not limited to, the state regulatory authority referenced in 47 U.S.C. s. 224(c).

(b) In the development of rules pursuant to paragraph (g), the commission shall consider the interests of the subscribers and users of the services offered through such pole attachments, as well as the interests of the consumers of any pole owner providing such attachments.

(c) It is the intent of the Legislature to encourage parties to enter into voluntary pole attachment agreements, and this subsection may not be construed to prevent parties from voluntarily entering into pole attachment agreements without commission approval.

(d) A party’s right to nondiscriminatory access to a pole under this subsection is identical to the rights afforded under 47 U.S.C. s. 224(f)(1). A pole owner may deny access to its poles on a nondiscriminatory basis when there is insufficient capacity, for reasons of safety and reliability, and when required by generally applicable engineering purposes. A pole owner’s evaluation of capacity, safety, reliability, and engineering requirements must consider relevant construction and reliability standards approved by the commission.

(e) The commission shall hear and resolve complaints concerning rates, charges, terms, conditions, voluntary agreements, or any denial of access relative to pole attachments. Federal Communications Commission precedent is not binding upon the commission in the exercise of its authority under this subsection. When taking action upon such complaints, the commission shall establish just and reasonable cost-based rates, terms, and conditions for pole attachments and shall apply the decisions and orders of the Federal Communications Commission and any appellate court decisions reviewing an order of the Federal Communications Commission regarding pole attachment rates, terms, or conditions in determining just and reasonable pole attachment rates, terms, and conditions unless a pole owner or attaching entity establishes by competent substantial evidence pursuant to proceedings conducted pursuant to ss. 120.569 and 120.57 that an alternative cost-based pole attachment rate is just and reasonable and in the public interest.

(f) In the administration and implementation of this subsection, the commission shall authorize any petitioning pole owner or attaching entity to participate as an intervenor with full party rights under chapter 120 in the first four formal administrative proceedings conducted to determine pole attachment rates under this section. These initial four proceedings are intended to provide commission precedent on the establishment of pole attachment rates by the commission and help guide negotiations toward voluntary pole attachment agreements. After the fourth such formal administrative proceeding is concluded by final order, parties to subsequent pole attachment rate proceedings are limited to the specific pole owner and pole attaching entities involved in and directly affected by the specific pole attachment rate.

(g) The commission shall propose procedural rules to administer and implement this subsection. The rules must be proposed for adoption no later than January 1, 2022, and, upon adoption of such rules, shall provide its certification to the Federal Communications Commission pursuant to 47 U.S.C. s. 224(c)(2).

(9)(a) The commission shall regulate the safety, vegetation management, repair, replacement, maintenance, relocation, emergency response, and storm restoration requirements for poles of communication services providers. This subsection does not apply to a communications services provider that owns no poles.

(b) The commission shall adopt rules to administer and implement this subsection. The rules must be proposed for adoption no later than April 1, 2022, and must address at least the following:

1. Mandatory pole inspections, including repair or replacement;

2. Vegetation management requirements for poles owned by providers of communications services; and

3. Monetary penalties to be imposed upon any communications services provider that fails to comply with any such rule of the commission. Monetary penalties imposed by the commission must be consistent with s. 366.095.

(c) The commission may access the books and records of communications services providers to the limited extent necessary to perform its functions and to exercise its authority under subsection (8), this subsection, and s. 366.97(4). Upon request by a communications services provider, any records that are received by the commission under this paragraph which are proprietary confidential business information under s. 364.183 or s. 366.093 shall retain their status as confidential or exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I of the State Constitution.

History.—s. 4, ch. 26545, 1951; s. 1, ch. 63-288; s. 1, ch. 63-279; s. 1, ch. 65-52; s. 1, ch. 74-196; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 3, 16, ch. 80-35; s. 2, ch. 81-318; s. 4, ch. 86-173; ss. 2, 20, 22, ch. 89-292; s. 50, ch. 90-331; s. 4, ch. 91-429; s. 13, ch. 95-146; s. 16, ch. 2006-230; s. 37, ch. 2008-227; s. 32, ch. 2013-14; s. 66, ch. 2014-17; s. 3, ch. 2021-191; s. 29, ch. 2022-4.

F.S. 366.04 on Google Scholar

F.S. 366.04 on Casetext

Amendments to 366.04

Arrestable Offenses / Crimes under Fla. Stat. 366.04

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 366.04.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA POWER LIGHT COMPANY, v. VELEZ,, 257 So. 3d 1176 (Fla. App. Ct. 2018)

. . . ." § 366.04, Fla. Stat. (2017). . . .

SIERRA CLUB, v. BROWN,, 243 So. 3d 903 (Fla. 2018)

. . . See §§ 366.04, 366.05, Fla. Stat. (2017) ; City of St. Petersburg v. . . .

BOARD OF COUNTY COMMISSIONERS INDIAN RIVER COUNTY, v. GRAHAM, v., 191 So. 3d 890 (Fla. 2016)

. . . territorial orders (entered pursuant to the PSC’s “exclusive and superior” authority under section 366.04 . . . the entity the Florida Legislature vested with “exclusive and superior” jurisdiction under section 366.04 . . . agreements what the PSC’s “exclusive and superior” jurisdiction precludes them from doing directly. § 366.04 . . .

CITIZENS OF STATE v. GRAHAM, v., 191 So. 3d 897 (Fla. 2016)

. . . Bryson, 569 So.2d 1253, 1254 (Fla.1990) (noting that “[i]n section 366.04(1) ... the [Legislature granted . . .

MIAMI- DADE COUNTY, v. In FLORIDA POWER LIGHT CO., 208 So. 3d 111 (Fla. Dist. Ct. App. 2016)

. . . The Court stated that section 366.04(1), Florida Statutes (1989), expressly confers jurisdiction on the . . . should convert their overhead systems to underground, this was laid to rest by the enactment'of section 366.04 . . .

VITRANO, v. FLORIDA POWER LIGHT COMPANY,, 190 So. 3d 89 (Fla. Dist. Ct. App. 2015)

. . . The Florida legislature enacted section 366.04, Florida Statutes (1986), adopting the NESC standards . . .

CITIZENS OF STATE v. FLORIDA PUBLIC SERVICE COMMISSION,, 146 So. 3d 1143 (Fla. 2014)

. . . Further, section 366.04, Florida Statutes, provides the Commission with jurisdiction to regulate and . . . with respect to its rates and service, and prescribe a rate structure for all electric utilities. § 366.04 . . . specific language providing that the Commission perform its duties independently and also enacted sections 366.04 . . .

SOUTH CAROLINA PUBLIC SERVICE AUTHORITY, v. FEDERAL ENERGY REGULATORY COMMISSION,, 762 F.3d 41 (D.C. Cir. 2014)

. . . . § 366.04(5); see also Joint Br. of State Pet’rs' 20-22 (citing state statutes related to planning). . . .

CHOCTAWHATCHEE ELECTRIC COOPERATIVE, INC. v. GRAHAM,, 132 So. 3d 208 (Fla. 2014)

. . . settle territorial disputes such as the present one between CHELCO and Gulf Power is found in section 366.04 . . . cooperatives, municipal electric utilities, and other electric utilities under its jurisdiction.” § 366.04 . . . avoid “further uneconomic duplication of generation, transmission, and distribution facilities.” § 366.04 . . . the present and reasonably foreseeable future requirements of the area for other utility services.” § 366.04 . . . avoidance of further uneconomic duplication of generation, transmission, and distribution facilities. § 366.04 . . .

ROEMMELE- PUTNEY, v. D. REYNOLDS,, 106 So. 3d 78 (Fla. Dist. Ct. App. 2013)

. . . Section 366.04, “Jurisdiction of commission,” in subsection (5), grants the PSC jurisdiction over “the . . . over all “electric utilities” and any territorial disputes over service areas, pursuant to section 366.04 . . . all other boards, agencies, political subdivisions, municipalities, towns, villages, or counties.” § 366.04 . . .

FLORIDA POWER LIGHT COMPANY FPL v. FLORIDA PUBLIC SERVICE COMMISSION, Jr. v., 31 So. 3d 860 (Fla. Dist. Ct. App. 2010)

. . . . §§ 366.04(1)-(2), 366.041(1), & 366.06, Fla. Stat. (2008). . . .

FLORIDA POWER LIGHT COMPANY, v. FEO,, 24 So. 3d 737 (Fla. Dist. Ct. App. 2009)

. . . See § 366.04, Fla. Stat. (2009); Extraordinary Title Servs., LLC v. Fla. . . .

RAMOS, v. FLORIDA POWER LIGHT COMPANY,, 21 So. 3d 91 (Fla. Dist. Ct. App. 2009)

. . . The PSC, the Rules, and the Tariff Section 366.04, Florida Statutes (1997), grants to the PSC jurisdiction . . .

EXTRAORDINARY TITLE SERVICES, LLC, v. FLORIDA POWER LIGHT COMPANY FPL, 1 So. 3d 400 (Fla. Dist. Ct. App. 2009)

. . . In its petition for writ of prohibition, FPL argued that, pursuant to section 366.04, the Commission . . . Moreover, recognizing that section 366.04(1) provides that “the [Commission shall have jurisdiction to . . . Therefore, as in Albert Litter Studios, we conclude that, pursuant to section 366.04(1), the Commission . . . As we have concluded that the Commission has exclusive jurisdiction under section 366.04(1), we find . . . Section 366.04 provides in relevant part: 366.04 Jurisdiction of commission.— (1) In addition to its . . .

In COLE,, 371 B.R. 454 (Bankr. W.D. Wash. 2007)

. . . Deducting the adjusted expenses from the Debtor’s CMI, yields a monthly net disposable income of $366.04 . . .

BIGLEN, v. FLORIDA POWER LIGHT COMPANY, L. L. C. a a a, 910 So. 2d 405 (Fla. Dist. Ct. App. 2005)

. . . Section 366.04(6), Florida Statutes (2004), provides that following the standards under the National . . .

FLORIDA POWER LIGHT COMPANY, a v. ALBERT LITTER STUDIOS, INC. a, 896 So. 2d 891 (Fla. Dist. Ct. App. 2005)

. . . Section 366.04 of the Florida Statutes states: “[T]he commission shall have jurisdiction to regulate . . .

BARRANADA, v. FLORIDA POWER LIGHT COMPANY,, 905 So. 2d 167 (Fla. Dist. Ct. App. 2005)

. . . of seven feet five inches required by the National Electric Safety Code [NESC] as adopted by section 366.04 . . .

WEST FLORIDA ELECTRIC COOPERATIVE ASSOCIATION, INC. v. E. JACOBS, Jr., 887 So. 2d 1200 (Fla. 2004)

. . . Section 366.04, Florida Statutes (2000), grants the commission authority to resolve territorial disputes . . . that the commission “may consider, but not be limited to consideration of,” in resolving a dispute. § 366.04 . . . The commission’s regulations implementing section 366.04 are contained in the Florida Administrative . . . The commission followed section 366.04, Florida Statutes, and rule 25-6.0441(2) by assessing a number . . . See § 366.04, Fla. Stat. (2000); Fla. Admin. Code R. 25-6.0441. . . . Comm’n, 480 So.2d 97, 98 (Fla.1985); § 366.04, Fla. Stat. (2001). . . .

LEE COUNTY ELECTRIC COOPERATIVE, INC. v. E. JACOBS, Jr., 820 So. 2d 297 (Fla. 2002)

. . . as set forth below: I disagree with the majority’s findings regarding our jurisdiction under Section 366.04 . . . Sections 366.04(2)(b) and 366.02(2), Florida Statutes, given their plain and ordinary meaning, clearly . . . Seminole, however, has not offered any argument concerning the specific purpose of Section 366.04(2)( . . . Section 366.04(2)(b), Florida Statutes, was enacted in 1974 as part of Chapter 74-196, Laws of Florida . . . However, we have not affirmatively stated at any time that Section 366.04(2)(b), Florida Statutes, does . . . LCEC based its complaint on section 366.04(2)(b), Florida Statutes (1997), which gives the PSC power . . . This appeal follows. ' ' The issue in this case is whether section 366.04(2) grants the PSC rate structure . . . Based on our interpretation of section 366.04(2), we conclude that the PSC did not err granting the motion . . . In 1974, the Legislature passed the Grid Bill, codified at sections 366.04(2) and 366.05(7)-(8), Florida . . . utilities' for the following purposes: (b) To prescribe a rate structure for all electric utilities. § 366.04 . . .

FLORIDA POWER CORPORATION, v. CITY OF CASSELBERRY,, 793 So. 2d 1174 (Fla. Dist. Ct. App. 2001)

. . . . § 366.04(2); see also id. Ch. 166. . . .

TAMPA ELECTRIC CO. Co. v. GARCIA, Co. LLP., 767 So. 2d 428 (Fla. 2000)

. . . New Smyrna is regulated by the PSC pursuant to section 366.04(2), Florida Statutes (1997). . Pub.L. . . .

CITY OF HOMESTEAD, v. L. JOHNSON,, 760 So. 2d 80 (Fla. 2000)

. . . Fla.1989), we stated: [Ujnder chapter 89-292, section 2, Laws of Florida (to be codified at section 366.04 . . . jurisdiction over this territorial agreement, and it has sought enforcement of the agreement under section 366.04 . . . This result is clearly contrary to the purpose of the Agreement and our mandate, pursuant to Section 366.04 . . . Section 366.04(2)(e), Florida Statutes (1999), provides: [T]he commission shall have power over electric . . .

FLORIDA PROGRESS CORPORATION, v. UNITED STATES, 156 F. Supp. 2d 1265 (M.D. Fla. 1999)

. . . . § 366.04. . . . Stat. § 366.04. . . .

GULF COAST ELECTRIC COOPERATIVE, INC. v. L. JOHNSON,, 727 So. 2d 259 (Fla. 1999)

. . . separate jurisdictional provisions: its jurisdiction to approve territorial agreements, subsection 366.04 . . . (2)(d), Florida Statutes (1997), and its jurisdiction to resolve territorial disputes, subsection 366.04 . . . the present and reasonably foreseeable future requirements of the area for other utility services. § 366.04 . . . Another subsection, 366.04(5), vests the PSC with jurisdiction “over the planning, development, and maintenance . . . follow that this duplication is “further uneconomic duplication” within the meaning of' subsection 366.04 . . .

In A. OLMSTEAD, M. KALER, L. A. v. A. OLMSTEAD,, 220 B.R. 986 (Bankr. D.N.D. 1998)

. . . On August 19, 1996, check number 1215 in the amount of $366.04 was paid from the FSB checking account . . . 6/96 ■ 200.00 200.00 3. 8/7/96 100.00 100.00 4. 8/12/96 1,000.00 471.22 D 1,471.22 5. 8/16/96 70.00 366.04 . . .

AMERISTEEL CORPORATION, f k a v. F. CLARK,, 691 So. 2d 473 (Fla. 1997)

. . . on the proposed territorial agreement at the February 6, 1996, agenda conference pursuant to section 366.04 . . . cooperatives, municipal electric utilities, and other electric utilities under its jurisdiction.” § 366.04 . . . Coop., Inc., 340 So.2d 1159, 1162 (Fla.1976) (quoting § 366.04(3), Fla. Stat. (1975)). . . . Although sections 366.04(2), (5), and 366.05(7), (8), Florida Statutes (1995), parts of what is informally . . .

GULF COAST ELECTRIC COOPERATIVE, INC. v. F. CLARK,, 674 So. 2d 120 (Fla. 1996)

. . . The Commission also applied section 366.04(5), Florida Statutes (1993), which provides: (5) The commission . . .

FLORIDA POWER LIGHT COMPANY, v. A. GLAZER,, 671 So. 2d 211 (Fla. Dist. Ct. App. 1996)

. . . Specifically, section 366.04(1) provides in part that “the commission shall have jurisdiction to regulate . . . all lawful acts, orders, rules, and regulations of the commission shall in each instance prevail.” § 366.04 . . .

PRAXAIR, INC. v. FLORIDA POWER LIGHT CO., 64 F.3d 609 (11th Cir. 1995)

. . . . § 366.04(3) (directing the Commission to exercise its powers to avoid “uneconomic duplication of generation . . . See City Gas, 182 So.2d at 436; Fla.Stat. §§ 366.04(2), .05(7)-(8). . . .

ACTION GROUP, v. J. DEASON,, 615 So. 2d 683 (Fla. 1993)

. . . Section 366.04(2)(b), Florida Statutes (1991), grants the Commission power “[t]o prescribe a rate structure . . .

CITY OF HOMESTEAD, v. M. BEARD,, 600 So. 2d 450 (Fla. 1992)

. . . See § 366.04(2)(d), Fla.Stat. (1989). . Public Serv. Comm’n v. Fuller, 551 So.2d 1210 (Fla.1989). . . .

FLORIDA POWER CORPORATION, v. SEMINOLE COUNTY, 579 So. 2d 105 (Fla. 1991)

. . . Section 366.04(1), Florida Statutes (1989), expressly confers jurisdiction on the Public Service Commission . . . all lawful acts, orders, rules, and regulations of the commission shall in each instance prevail.” § 366.04 . . . should convert their overhead systems to underground, this was laid to rest by the enactment of section 366.04 . . .

FLORIDA PUBLIC SERVICE COMMISSION, v. L. BRYSON,, 569 So. 2d 1253 (Fla. 1990)

. . . In section 366.04(1) of the'Florida Statutes (1987), the legislature granted the PSC exclusive jurisdiction . . . The PSC in this case relied on the language in sections 366.04(1) and 366.02(1) as the basis of its jurisdiction . . .

CONSOLIDATED GAS COMPANY OF FLORIDA, INC. v. CITY GAS COMPANY OF FLORIDA, A, 912 F.2d 1262 (11th Cir. 1990)

. . . . § 366.04. . . . Section 366.04(2) provided: “In the exercise of its jurisdiction, the [FPSC] shall have power over rural . . . Id. at § 366.04(2) (West Supp.1989). . . . Section 366.04 was revised in 1989 and the new statute expressly empowers the FPSC to approve territorial . . . Section 366.04 then describes the duties of the FPSC: “the commission shall have jurisdiction to regulate . . . Under section 366.04, the FPSC also has jurisdiction “to regulate and supervise each public utility with . . .

PUBLIC SERVICE COMMISSION, v. S. FULLER,, 551 So. 2d 1210 (Fla. 1989)

. . . acknowledged that the PSC had jurisdiction over the agreement and that the agreement was governed by section 366.04 . . . As a result, under section 366.04(2)(d), Florida Statutes (1989), the PSC now has the express authority . . . In addition, under chapter 89-292, section 2, Laws of Florida (to be codified at section 366.04(2)(e) . . . jurisdiction over this territorial agreement, and it has sought enforcement of the agreement under section 366.04 . . .

CITY OF TALLAHASSEE, a v. TALQUIN ELECTRIC COOPERATIVE, INC. a, 549 So. 2d 725 (Fla. Dist. Ct. App. 1989)

. . . We recognize that, pursuant to Section 366.04, Florida Statutes, any territorial disputes that may arise . . .

PW VENTURES, INC. v. NICHOLS,, 533 So. 2d 281 (Fla. 1988)

. . . Section 366.04(3), Florida Statutes (1985), directs the PSC to exercise its powers to avoid “uneconomic . . .

FLORIDA POWER AND LIGHT COMPANY, v. NICHOLS,, 516 So. 2d 260 (Fla. 1987)

. . . . § 366.04(3), Fla.Stat. (1985). . . . These arguments boil down to two assertions: (1) sections 366.04(3) and 366.055(3) were enacted as part . . .

CONSOLIDATED GAS COMPANY OF FLORIDA, INC. v. CITY GAS COMPANY OF FLORIDA, INC., 665 F. Supp. 1493 (S.D. Fla. 1987)

. . . . § 366.04). . . . The relevant portion of Fla.Stat. § 366.04 (1985) provides as follows: Jurisdiction. . . .

LEE COUNTY ELECTRIC COOPERATIVE, v. R. MARKS,, 501 So. 2d 585 (Fla. 1987)

. . . .” § 366.04(3), Fla.Stat. (1985). . . .

CITY GAS COMPANY OF FLORIDA, v. FLORIDA PUBLIC SERVICE COMMISSION, 501 So. 2d 580 (Fla. 1987)

. . . Its argument is premised on the fact that section 366.04, Florida Statutes (1985), authorizes the commission . . .

DEVON- AIRE VILLAS HOMEOWNERS ASSOCIATION, NO. INC. a v. AMERICABLE ASSOCIATES, LTD. a a, 490 So. 2d 60 (Fla. Dist. Ct. App. 1985)

. . . 1985), defines "public utility” as an entity supplying electricity or gas to the public, and Section 366.04 . . .

GULF POWER CO. v. PUBLIC SERVICE COMMISSION, LEISURE PROPERTIES, LTD. v. PUBLIC SERVICE COMMISSION,, 480 So. 2d 97 (Fla. 1985)

. . . irresponsible, as well as an uneconomic duplication of electrical facilities prohibited by section 366.04 . . . respective costs, and additionally failed to properly apply certain statutory criteria enumerated in section 366.04 . . . While such costs are not among those factors specifically enumerated in section 366.04(2)(e), Florida . . . Additionally, section 366.04(3), Florida Statutes (1983), grants the PSC jurisdiction over the development . . .

UTILITIES COMMISSION OF CITY OF NEW SMYRNA BEACH, v. FLORIDA PUBLIC SERVICE COMMISSION,, 469 So. 2d 731 (Fla. 1985)

. . . .” § 366.04(2)(d), Fla. Stat. (1983). . . . Clay Electric Coop., Inc., 340 So.2d 1159, 1162 (Fla.1976), quoting from § 366.04(3), Fla.Stat. (1975 . . .

LEWIS, v. PUBLIC SERVICE COMMISSION,, 463 So. 2d 227 (Fla. 1985)

. . . . § 366.04(2)(b), Fla.Stat. (1983). . . .

GULF COAST ELECTRIC COOPERATIVE, INC. v. FLORIDA PUBLIC SERVICE COMMISSION, 462 So. 2d 1092 (Fla. 1985)

. . . Section 366.04(2)(e), Florida Statutes (1983), enumerates the factors the Commission should use in evaluating . . .

CITY OF TALLAHASSEE, v. T. MANN,, 411 So. 2d 162 (Fla. 1981)

. . . electric utilities to submit rate tariff sheets so it could implement its jurisdiction under section 366.04 . . .

ROSALIND HOLDING COMPANY, v. ORLANDO UTILITIES COMMISSION,, 402 So. 2d 1209 (Fla. Dist. Ct. App. 1981)

. . . Effective July 1, 1974, section 366.04(2), Florida Statutes, was added to give the PSC power over municipal . . .

FT. PIERCE UTILITIES AUTHORITY OF CITY OF FT. PIERCE, v. FLORIDA PUBLIC SERVICE COMMISSION,, 388 So. 2d 1031 (Fla. 1980)

. . . issuance and sale of securities by an intrastate natural gas distribution company arises from section 366.04 . . .

FLORIDA POWER CORPORATION, v. F. HAWKINS, T. H., 367 So. 2d 1011 (Fla. 1979)

. . . proposed rates and within thirty days the Commission entered its Order No. 7791 pursuant to Section 366.04 . . .

RICHTER, a v. FLORIDA POWER CORPORATION,, 366 So. 2d 798 (Fla. Dist. Ct. App. 1979)

. . . Section 366.03 requires that all rates charged by regulated utilities be “fair and reasonable,” while § 366.04 . . .

AMERSON, v. JACKSONVILLE ELECTRIC AUTHORITY,, 362 So. 2d 433 (Fla. Dist. Ct. App. 1978)

. . . stating, in part: “No provision of this chapter shall apply in any manner, other than as specified in ss. 366.04 . . .

GAINESVILLE- ALACHUA COUNTY REGIONAL ELECTRIC, WATER AND SEWER UTILITIES BOARD, v. CLAY ELECTRIC COOPERATIVE, INC., 340 So. 2d 1159 (Fla. 1976)

. . . Section 366.04(2)(e), Florida Statutes. . . . Section 366.04(2)(e), Florida Statutes. . . . Section 366.04(2)(d), (3), Florida Statutes.” . . . Petitioner Board contends that Section 366.04(2)(d) and (e), Florida Statutes, constitute unlawful delegations . . . Furthermore, Section 366.04(3), Florida Statutes, provides the limitation or guideline incident to such . . .

CITY OF PLANT CITY v. T. MAYO, 337 So. 2d 966 (Fla. 1976)

. . . Sections 366.04(1), 366.05(1), 366.06(3), Fla. Stat. (1975). . . . .

MOBILE AMERICA CORPORATION, v. SOUTHERN BELL TEL. TEL. CO., 37 Fla. Supp. 36 (Duval Cty. Cir. Ct. 1972)

. . . Moreover, under §366.04(1) the commission is specifically granted authority to consider the adequacy . . .

PEOPLES GAS SYSTEM, INC. v. LYNCH, 254 So. 2d 371 (Fla. Dist. Ct. App. 1971)

. . . . § 366.04, F.S.A. . . .

In FLORIDA POWER LIGHT CO., 36 Fla. Supp. 8 (Fla. P.S.C. 1971)

. . . . §366.04 vests this commission with exclusive jurisdiction to regulate and supervise each electric utility . . .

PEOPLES GAS SYSTEM, INC. v. L. MASON, W. T., 187 So. 2d 335 (Fla. 1966)

. . . to approve such agreements, 182 So.2d 429, we relied heavily upon the fact that in Sections 366.03, 366.04 . . .

CITY GAS COMPANY, a v. PEOPLES GAS SYSTEM, INC. a, 182 So. 2d 429 (Fla. 1965)

. . . Section 366.04 vests in the commission “jurisdiction to regulate and supervise each public utility with . . .

PEOPLES GAS SYSTEM, INC. a v. CITY GAS COMPANY, a, 167 So. 2d 577 (Fla. Dist. Ct. App. 1964)

. . . . § 366.04, Fla.Stat., F.S.A.; (2) to require repairs, improvements, additions and extensions to plants . . .

In VICKSBURG BRIDGE TERMINAL CO., 29 F. Supp. 225 (S.D. Miss. 1938)

. . . .................... 10,710.89 Brady, Hanser and Thompson... 674.52 Engle, Wells and Levy.......... 366.04 . . .

NUGENT CONSTRUCTION CORPORATION v. THE UNITED STATES, 59 Ct. Cl. 847 (Ct. Cl. 1924)

. . . States upon the payment to it. of the amount conceded by the Government to be due, less the sum of $366.04 . . .