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. 366.06

366.06 Rates; procedure for fixing and changing.—

(1) A public utility shall not, directly or indirectly, charge or receive any rate not on file with the commission for the particular class of service involved, and no change shall be made in any schedule. All applications for changes in rates shall be made to the commission in writing under rules and regulations prescribed, and the commission shall have the authority to determine and fix fair, just, and reasonable rates that may be requested, demanded, charged, or collected by any public utility for its service. The commission shall investigate and determine the actual legitimate costs of the property of each utility company, actually used and useful in the public service, and shall keep a current record of the net investment of each public utility company in such property which value, as determined by the commission, shall be used for ratemaking purposes and shall be the money honestly and prudently invested by the public utility company in such property used and useful in serving the public, less accrued depreciation, and shall not include any goodwill or going-concern value or franchise value in excess of payment made therefor. In fixing fair, just, and reasonable rates for each customer class, the commission shall, to the extent practicable, consider the cost of providing service to the class, as well as the rate history, value of service, and experience of the public utility; the consumption and load characteristics of the various classes of customers; and public acceptance of rate structures.

(2) Whenever the commission finds, upon request made or upon its own motion, that the rates demanded, charged, or collected by any public utility for public utility service, or that the rules, regulations, or practices of any public utility affecting such rates, are unjust, unreasonable, unjustly discriminatory, or in violation of law; that such rates are insufficient to yield reasonable compensation for the services rendered; that such rates yield excessive compensation for services rendered; or that such service is inadequate or cannot be obtained, the commission shall order and hold a public hearing, giving notice to the public and to the public utility, and shall thereafter determine just and reasonable rates to be thereafter charged for such service and promulgate rules and regulations affecting equipment, facilities, and service to be thereafter installed, furnished, and used.

(3) Pending a final order by the commission in any rate proceeding under this section, the commission may withhold consent to the operation of all or any portion of the new rate schedules, delivering to the utility requesting such increase, within 60 days, a reason or written statement of good cause for withholding its consent. Such consent shall not be withheld for a period longer than 8 months from the date of filing the new schedules. The new rates or any portion not consented to shall go into effect under bond or corporate undertaking at the end of such period, but the commission shall, by order, require such public utility to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts were paid and, upon completion of hearing and final decision in such proceeding, shall by further order require such public utility to refund with interest at a fair rate, to be determined by the commission in such manner as it may direct, such portion of the increased rate or charge as by its decision shall be found not justified. Any portion of such refund not thus refunded to patrons or customers of the public utility shall be refunded or disposed of by the public utility as the commission may direct; however, no such funds shall accrue to the benefit of the public utility. The commission shall take final commission action in the docket and enter its final order within 12 months of the commencement date for final agency action. As used in this subsection, the “commencement date for final agency action” means the date upon which it has been determined by the commission or its designee that the utility has filed with the clerk the minimum filing requirements as established by rule of the commission. Within 30 days after receipt of the application, rate request, or other written document for which the commencement date for final agency action is to be established, the commission or its designee shall either determine the commencement date for final agency action or issue a statement of deficiencies to the applicant, specifically listing why said applicant has failed to meet the minimum filing requirements. Such statement of deficiencies shall be binding upon the commission to the extent that, once the deficiencies in the statement are satisfied, the commencement date for final agency action shall be promptly established as provided herein. Thereafter, within 15 days after the applicant indicates to the commission that it believes that it has met the minimum filing requirements, the commission or its designee shall either determine the commencement date for final agency action or specifically enumerate in writing why the requirements have not been met, in which case this procedure shall be repeated until the commencement date for final agency action is established. When the commission initiates a proceeding, the commencement date for final agency action shall be the date upon which the order initiating the proceeding is issued.

(4) A natural gas utility or a public electric utility whose annual sales to end-use customers amount to less than 1,000 gigawatt hours may specifically request the commission to process its petition for rate relief using the agency’s proposed agency action procedure, as prescribed by commission rule. The commission shall enter its vote on the proposed agency action within 5 months of the commencement date for final agency action. If the commission’s proposed action is protested, the final decision must be rendered by the commission within 8 months after the date the protest is filed. At the expiration of 5 months following the commencement date for final agency action, if the commission has not taken action or if the commission’s action is protested by a party other than the utility, the utility may place its requested rates into effect under bond, escrow, or corporate undertaking subject to refund, upon notice to the commission and upon filing the appropriate tariffs. The utility must keep accurate records of amounts received as provided by subsection (3).

History.—s. 6, ch. 26545, 1951; s. 4, ch. 74-195; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 7, 16, ch. 80-35; s. 2, ch. 81-318; ss. 8, 20, 22, ch. 89-292; s. 4, ch. 91-429; s. 5, ch. 93-35; s. 5, ch. 95-328; s. 1, ch. 2022-74.

F.S. 366.06 on Google Scholar

F.S. 366.06 on Casetext

Amendments to 366.06

Arrestable Offenses / Crimes under Fla. Stat. 366.06

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 366.06.

Annotations, Discussions, Cases:

Cases from cite.case.law:

FLORIDA INDUSTRIAL POWER USERS GROUP, v. BROWN,, 273 So. 3d 926 (Fla. 2019)

. . . Section 366.06(1), Florida Statutes (2017), provides that [t]he commission shall investigate and determine . . .

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

. . . This issue involves the Commission interpreting section 366.06(1), Florida Statutes (2017), which it . . . The Commission's Appropriate Standard Pursuant to section 366.06(1), Florida Statutes, the Commission . . . Id. § 366.06(1). . . . Section 366.06 details the Commission's procedures for ratemaking, and it expressly contemplates cost . . . Section 366.06 has not been amended since 1995; thus at all relevant times the statutory language has . . .

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

. . . I disagree with the majority’s conclusion that under sections 366.06(1) and 366.02(2), Florida-Statutes . . . operates an electric generation, ■ transmission, or distribution system within the state[,]” and section 366.06 . . . Comm’n, 425 So.2d 534, 540 (Fla.1982) (citing. §§ 366.06(2), 366.05(1), Fla. Stat. (1979)). . . . See § 366.06(1), Fla. . . . As explained above, section 366.06(1) provides that the PSC has the authority to determine and fix fair . . .

CITIZENS OF STATE OFFICE OF PUBLIC COUNSEL, v. FLORIDA PUBLIC SERVICE COMMISSION AND UTILITIES, INC., 164 So. 3d 58 (Fla. Dist. Ct. App. 2015)

. . . . §§ 366.06(4); 367.081(8), Fla. . . .

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

. . . Florida Power & Light (FPL) filed an application for a rate base increase pursuant to section 366.06( . . . chapter 366; the Commission’s authority to fix fair, just, and reasonable rates pursuant to section 366.06 . . . Section 366.06(1) provides in relevant part that “[a]ll applications for changes in rates shall be made . . . (a) The petition under Sections 366.06 and 366.071, F.S., for adjustment of rates must include or be . . . Section 366.06(2), F.S., provides that when approved rates charged by a utility do not provide reasonable . . .

In CRYSTAL CATHEDRAL MINISTRIES, a, 454 B.R. 124 (C.D. Cal. 2011)

. . . that the debtor pay what the utility demands, unless the court orders otherwise ” (emphasis added)), 366.06 . . .

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). . . .

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

. . . Florida Public Service Commission (“Commission”); the Commission is empowered to set utility rates, § 366.06 . . . Section 366.06 provides in relevant part: 366.06 Rates: procedure for fixing and changing. (1) A public . . .

In WEISEL v., 400 B.R. 457 (Bankr. W.D. Pa. 2009)

. . . See, e.g., In re Carter, 133 B.R. 110, 112 (Bankr.N.D.Ohio 1991); 3 Colliers on Bankruptcy ¶ 366.06 ( . . .

In HINTON, 231 B.R. 384 (Bankr. S.D. Fla. 1999)

. . . The Debtors’ plan proposes to pay $366.06 a month for months 1 to 9 and then $357.78 a month for months . . .

SOUTHERN STATES UTILITIES, n k a v. FLORIDA PUBLIC SERVICE COMMISSION, 714 So. 2d 1046 (Fla. Dist. Ct. App. 1998)

. . . .” §§ 366.06(2), 366.05(1), Florida Statutes (1979). . . .

LEGAL ENVIRONMENTAL ASSISTANCE FOUNDATION, INC. v. F. CLARK, J. L. K., 668 So. 2d 982 (Fla. 1996)

. . . Rejecting the utility’s contention, we found that since section 366.06(1), Florida Statutes (1985), compelled . . .

FLORIDA POWER LIGHT COMPANY, v. M. BEARD,, 626 So. 2d 660 (Fla. 1993)

. . . standard offer contract constitute reasonable and prudent expenditures by the utility under section 366.06 . . . We believe that the Commission acted within its authority under sections 366.06, 366.051 and 366.81. . . .

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

. . . Section 366.06(1), Florida Statutes (1991), which directs that a public utility may not impose any charge . . .

CITIZENS OF STATE OF FLORIDA, v. McK. WILSON,, 568 So. 2d 904 (Fla. 1990)

. . . enacted in chapter 74-195, Laws of Florida, these laws at present are found in sections 364.05(4), 366.06 . . . interpretation is also consistent with the senate staff analysis which accompanied the 1980 amendment to section 366.06 . . .

CITIZENS OF STATE OF FLORIDA, v. McK. WILSON,, 571 So. 2d 1300 (Fla. 1990)

. . . that TECO’s petition constituted a filing for a rate change under the file-and-suspend law, section 366.06 . . .

CITIZENS OF STATE OF FLORIDA, v. McK. WILSON,, 567 So. 2d 889 (Fla. 1990)

. . . . § 366.06(3), Fla.Stat. (1987). As we reaffirmed in Citizens of the State of Florida v. . . . service rider which was the equivalent of withholding its consent to the tariff pursuant to section 366.06 . . .

FLORIDA PUBLIC SERVICE COMMISSION, v. CENTRAL CORPORATION,, 551 So. 2d 568 (Fla. Dist. Ct. App. 1989)

. . . should be imposed on the exercise of the PSC’s authority other than those already found in section 366.06 . . .

C. F. INDUSTRIES, INC. v. NICHOLS,, 536 So. 2d 234 (Fla. 1988)

. . . Subsection 366.06(2) requires the PSC to determine reasonable rates to be charged for utility services . . . Subsection 366.06(1) requires the PSC to fix fair, just and reasonable rates for each customer class . . .

SOUTH FLORIDA NATURAL GAS COMPANY, v. PUBLIC SERVICE COMMISSION,, 534 So. 2d 695 (Fla. 1988)

. . . authority, a utility seeking a change must demonstrate that the present rates are unreasonable, see section 366.06 . . .

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

. . . . § 366.06(1). All rates must be fair and reasonable and must not be unduly discriminatory. . . . Section 366.06(1), Florida Statutes (1985), provides as follows: (1) A public utility shall not, directly . . .

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

. . . The issue here is whether sub- ■ section 366.06(3) or subsection 717.05(2), Florida Statutes (1983), . . . The PSC denied the motion, finding that subsection 366.06(3), Florida Statutes (1983), authorizes the . . . Thus, the PSC misplaces its reliance on subsection 366.06(3) because that statute only authorizes the . . . By its terms, subsection 366.06(3) does not apply to municipal utility refunds. . . . Commission, 433 So.2d 505 (Fla.1983), we approved the PSC’s use of the factors set out in subsection 366.06 . . .

GULF POWER COMPANY, v. FLORIDA PUBLIC SERVICE COMMISSION,, 453 So. 2d 799 (Fla. 1984)

. . . See § 366.06, Fla.Stat. (1981). . . .

CITIZENS OF THE STATE OF FLORIDA, v. PUBLIC SERVICE COMMISSION, 435 So. 2d 784 (Fla. 1983)

. . . Pursuant to the Commission’s authority under section 366.06(3), Florida Statutes (Supp.1980), the Commission . . . hearing oral argument on FP & L’s contention that interim rates could be awarded pursuant to section 366.06 . . . procedures for interim rate relief and complements the statutory “file and suspend” procedure of section 366.06 . . . The Commission is, however, given twelve months to deliberate and grant a permanent award. § 366.06(3 . . .

CITY OF TALLAHASSEE, v. FLORIDA PUBLIC SERVICE COMMISSION,, 433 So. 2d 505 (Fla. 1983)

. . . setting out strict standards by which to justify the surcharge, the PSC relied on the mandates of section 366.06 . . . These factors, together with the factors which section 366.06(1) mandates the PSC must consider when . . . should be imposed on the exercise of the PSC’s authority other than those already found in section 366.06 . . . We further find that section 366.06(1), in conjunction with the other factors referred to in this opinion . . .

CITIZENS OF STATE v. PUBLIC SERVICE COMMISSION, 425 So. 2d 534 (Fla. 1982)

. . . allowance of projected construction work in progress (CWIP) in the rate base is prohibited by section 366.06 . . . Public Counsel does not challenge the projected test year concept generally, he argues that section 366.06 . . . This Court has ruled that section 366.06(2), Florida Statutes, does not prohibit the inclusion of CWIP . . . The statutory standard imposed upon the Commission is to fix “fair, just and reasonable rates.” §§ 366.06 . . . The purpose of section 366.06(4), which gives the Commission the authority to award interim relief, is . . .

GULF POWER COMPANY, v. P. CRESSE, L. R. III, W. CITIZENS OF STATE OF FLORIDA, v. P. CRESSE, L. R. III, W., 410 So. 2d 492 (Fla. 1982)

. . . Gulf Power filed its petition and proposed rate schedules on March 3, 1980, pursuant to section 366.06 . . . J., concurs in result only. . § 366.06(2), Fla.Stat. (Supp.1980); Gulf Power Co. v. . . .

CITIZENS OF STATE OF FLORIDA, v. FLORIDA PUBLIC SERVICE COMMISSION,, 403 So. 2d 1332 (Fla. 1981)

. . . While the commission has the duty under section 366.06(2), Florida Statutes (1979), to “determine the . . .

UNITED TELEPHONE COMPANY OF FLORIDA, v. T. MANN,, 403 So. 2d 962 (Fla. 1981)

. . . . § 366.06(4), Fla.Stat. (1979). . § 350.031, Fla.Stat. (1979). . . .

FLORIDA GAS COMPANY, a v. F. HAWKINS, T. T., 372 So. 2d 1118 (Fla. 1979)

. . . This procedure involves an application filed by petitioner Florida Gas Company pursuant to section 366.06 . . . The pertinent portion of section 366.06(4), Florida Statutes (1977), provides as follows: Pending a final . . .

FLORIDA POWER CORPORATION, 48 Fla. Supp. 196 (Fla. P.S.C. 1979)

. . . Within the 30 day period provided by Section 366.06(4), FS, we suspended in Order No. 7791, the operation . . .

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

. . . appropriate rate relief, and the Commission will have the statutory 30-day period established in Section 366.06 . . . Sections 366.06(3); 366.07, Florida Statutes (1975). . . . Within this framework is the so-called “File and Suspend Law”, Section 366.06(4), Florida Statutes (1975 . . . The Commission cannot consent to an interim rate increase pursuant to Section 366.06(4) Florida Statutes . . . that Florida Power has no constitutional right of due process in the benefits flowing from Section 366.06 . . .

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

. . . See, e. g., §§ 366.06(3) and 366.07. . . .

MAULE INDUSTRIES, INC. v. T. MAYO, CITIZENS OF FLORIDA, v. T. MAYO,, 342 So. 2d 63 (Fla. 1976)

. . . of Southern Bell is a proper substantive basis on which to award interim rate relief under Section 366.06 . . . in conformity with this opinion, including a direction to refund to FP&L’s customers under Section 366.06 . . . Section 366.06(4) authorizes Commission action to suspend rates for up to 8 months after their filing . . .

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). . . . .

CITIZENS OF FLORIDA, v. T. MAYO TAMPA ELECTRIC COMPANY, 335 So. 2d 809 (Fla. 1976)

. . . Public Counsel argues that the Commission has exceeded its lawfully delegated authority under Section 366.06 . . . SUNDBERG, J., concurs with an opinion. . 366.06 Rates; procedure for fixing and changing.— (4) Pending . . . discretion by the Commission and, therefore, it has exceeded its lawfully delegated authority under Section 366.06 . . .

INTERNATIONAL MINERALS AND CHEMICAL CORPORATION v. T. MAYO MOBIL CHEMICAL COMPANY, v. T. MAYO, 336 So. 2d 548 (Fla. 1976)

. . . . § 366.06(2). .§ 4909.15, Ohio Rev.Code, provides that the Ohio Public Utilities Commission shall set . . .

CITIZENS OF FLORIDA, v. T. MAYO,, 333 So. 2d 1 (Fla. 1976)

. . . of the Public Service Commission awarding Gulf Power Company an interim rate increase under Section 366.06 . . . Section 366.06, Florida Statutes (1975), provides general standards for the award of rate increases to . . . Subsection 366.06(4) was created to provide a series of alternatives for the Commission whenever, in . . . Oh. 74-195, § 4, Laws of Florida, now appearing as Section 366.06(4), Fla.Stat. (1975). . . . . Section 366.06(l)-(3), Fla.Stat. (1975). . . .

CITIZENS OF FLORIDA, v. T. MAYO,, 324 So. 2d 35 (Fla. 1975)

. . . Section 366.06(4), Fla.Stat. (Supp. 1974). . Fla.Const., art. V, § 3(b) (3) ; Section 366. . . .

CITIZENS OF FLORIDA, v. T. MAYO,, 316 So. 2d 262 (Fla. 1975)

. . . granting an interim rate increase to Florida Power Corporation under the statutory authority of Section 366.06 . . . final order of the Commission and therefore reviewable by statutory certiorari, and (2) whether Section 366.06 . . . Under the provisions of Section 366.06, Florida Statutes, the legislature prescribed the method a utility . . . Section 366.06(4), Florida Statutes (1974 Supplement). . . . .

L. SHEVIN, v. YARBOROUGH,, 274 So. 2d 505 (Fla. 1973)

. . . Commission erred in allowing construction work in progress in the rate base in violation of Section 366.06 . . . Commission erred in allowing property held for future use in the rate base in violation of Section 366.06 . . . First, the Attorney General urges that inclusion of construction work violates Fla.Stat. § 366.06(2), . . . with the one in Maryland, without the word “actually” which is utilized in our statute (Fla.Stat. § 366.06 . . . position on construction work is clearly contrary to the intention of the Legislature in Fla.Stat. § 366.06 . . .

PEOPLES GAS SYSTEM,, 38 Fla. Supp. 1 (Fla. P.S.C. 1972)

. . . The pertinent provisions of the law*are found in §366.06(3), F.S., which provides in part as follows . . . — “Section 366.06. — Rates; procedure for fixing and changing. (1) * * * (2) * * * (3) Whenever the commission . . . above-quoted language must of course, be considered in pari materia with the provisions of §§366.05(1) and 366.06 . . .

PEOPLES GAS SYSTEM, INC. v. DADE COUNTY, a, 251 So. 2d 547 (Fla. Dist. Ct. App. 1971)

. . . conformity to the statutory authority therefor as outlined in § 193.011 applied in connection with § 366.06 . . .

CITY OF MIAMI, v. FLORIDA PUBLIC SERVICE COMMISSION, CITY OF MIAMI, v. FLORIDA PUBLIC SERVICE COMMISSION,, 208 So. 2d 249 (Fla. 1968)

. . . Sections 364.14 and 366.06, Florida Statutes, F.S.A., deal with the procedures for fixing and changing . . . Section 366.06(2), Florida Statutes, F.S. . . . Sections 366.06(3) and 366.07, F.S.A., read in part: “(3) Whenever the commission shall find, upon request . . .

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

. . . agreements, 182 So.2d 429, we relied heavily upon the fact that in Sections 366.03, 366.04, 366.05, 366.06 . . .

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

. . . Section 366.06(2) relates to the setting of rates. . . .

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

. . . . § 366.06(3), Fla.Stat, F.S.A. . . .

FLORIDA POWER CORPORATION, v. WENZEL, 113 So. 2d 747 (Fla. Dist. Ct. App. 1959)

. . . particularly applicable where, as here, the cost of the property enters into the utility’s rate base, Section 366.06 . . .