CopyCited 45 times | Published | Supreme Court of Florida | 1982 WL 893190
...We also affirm the Commission's interim rate award. The final issue presented for our review is whether the Commission erred by allowing the increased permanent rates to apply to consumption occuring prior to the date Order No. 9864 was filed. The Commission set the effective date under section 366.072, Florida Statutes, (Supp....
...d as required by this section. This provision shall not delay the effective date of the order. Such an order shall be considered rendered on the date of the official vote for the purposes of §§ 364.05(4) and
366.06(4). Public Counsel contends that section
366.072 is inapplicable and that the effective date of the new rates is prescribed solely by section
120.52(9), Florida Statutes (1979), which defines a "final order" with reference to the time the written order is filed....
...The Administrative Procedure Act (chapter 120, Florida Statutes) clearly ascribes only two functions to the concept of a final "order" as defined in section
120.52(9). One is that an order may not be judicially reviewed until it satisfies section
120.52(9). §
366.072, Fla. Stat. (Supp. 1980). The other is that the agency's decision may not be enforced under section
120.69 until it is reduced to written form and filed under section
120.52(9). Section
120.52(9) does not deal with the effective date of the order. Section
366.072 clearly deals with the effective date of a Commission action dealing with any rate proceeding under section
366.06....
...Miller,
370 So.2d 10 (Fla. 1979). In addition, another controlling tenet of statutory construction is the rule that words of common usage, when used in a statute, should be construed in their plain and ordinary sense. Tatzel v. State,
356 So.2d 787 (Fla. 1978). Section
366.072 clearly and unambiguously states that orders of the Commission are effective on the date of the vote of the Commission for purposes of the "File and Suspend" law. Section
366.072 clearly authorizes the Commission's action in this proceeding....
CopyCited 5 times | Published | Supreme Court of Florida
...n on or after December 3, 1980. [2] As to the effective date of its action approving Gulf's rate increase, the Commission contends that it was November 3, 1980, the date on which the issues were decided and the official vote was taken. We agree. See § 366.072, Fla....
CopyPublished | Supreme Court of Florida
...Commission act within 5 months of the commencement of final
agency action unless protested; if protested, requiring Commission
to act within 8 months); §
366.071(2)–(3) (generally requiring that
Commission act within 60 days of a requested interim rate increase
or decrease); §
366.072 (requiring that rate adjustment orders be
reduced to writing within 20 days).
Another example of the Legislature’s balancing of practicality
and expediency: the Legislature established an entire provision and
docket—inaptly named...
