CopyCited 58 times | Published | Supreme Court of Florida | 2005 WL 3310297
...y served a municipal purpose. See
629 So.2d at 847. Such services are essential in that municipally owned power companies have legally protected monopolies within their territorial boundaries, and have traditionally provided these *265 services. See §
366.11(1), Fla....
CopyCited 27 times | Published | Supreme Court of Florida
...The established state policy in Florida is to supervise privately-owned electric utilities through regulation by a state agency. By the same policy municipally-owned electric utilities are expressly exempted from state agency supervision. Fla. Stat. § 366.11 (1967), F.S.A....
CopyCited 21 times | Published | Supreme Court of Florida | 2002 WL 825704
...The lack of a distinction between retail and wholesale rate structures is further evidence of the broad jurisdiction granted by the Grid Bill. 2. Consistency with Other Provisions of Chapter 366 Second, Seminole argues that Commission jurisdiction over Seminole's rate structure is inconsistent with Section 366.11, Florida Statutes, and other provisions of Chapter 366, Florida Statutes. Seminole notes that Section 366.11(1), Florida Statutes, specifically exempts from Commission jurisdiction wholesale power sales by investor-owned utilities to municipal and cooperative electric utilities....
...Seminole asserts that this exemption is required because those provisions of Chapter 366 which give this Commission ratemaking authority over investor-owned utilities do not explicitly distinguish retail sales from wholesale sales. Seminole also notes that Section 366.11(1), Florida Statutes, does not specifically exempt wholesale sales by municipal and cooperative electric utilities from Commission jurisdiction....
...ale sales by municipal and cooperative electric utilities than over wholesale sales by investor-owned utilities. Seminole contends that this would be an illogical result. *305 I am not persuaded by Seminole's argument. First, Seminole's premise that Section 366.11(1), Florida Statutes, exempts from our jurisdiction wholesale power sales by investor-owned utilities to municipal and cooperative electric utilities is incorrect. Section 366.11(1), Florida Statutes, provides in pertinent part: No other provision of this chapter shall apply in any manner, other than as specified in ss....
...to any contracts ... when such municipality or cooperative is engaged in the sale and distribution of electricity or manufactured or natural gas, or to the rates provided for in such contracts. (Emphasis supplied.) Clearly, the limited exemption in Section
366.11(1), Florida Statutes, is not intended to diminish our jurisdiction over electric utilities pursuant to the Grid Bill, which includes the jurisdiction granted in Sections
366.04 and
366.05(7) and (8), Florida Statutes, although that jurisdiction may be preempted by FERC....
...s exemption of one thing in a statute, and silence regarding another, implies an intent not to exempt the latter. PW Ventures, Inc. v. Nichols,
533 So.2d 281, 283 (Fla.1988). Applying the principle to this case, the most reasonable interpretation of Section
366.11(1), Florida Statutes, read together with the statutes listed therein, including Section
366.04, Florida Statutes, is that the Legislature knew how to exempt wholesale matters from certain aspects of this Commission's jurisdiction but chose not to exempt wholesale sales in their entirety....
CopyCited 18 times | Published | Supreme Court of Florida | 1976 Fla. LEXIS 4506, 1976 WL 352304
...statutorily authorized taxes. No authority has been provided for "utility revenue taxes". [19] The Attorney General of Florida viewed these fees in essentially the same way. Op. Att'y. Gen. 075-231. [20] For the same reasons, we see no violation of Section 366.11, Fla....
CopyCited 14 times | Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 273, 1992 Fla. LEXIS 877, 1992 WL 91420
...lic utilities that is sufficient to prevent any abuses arising from the monopoly power created by the agreements. We recognize that when the agreement was executed, municipally owned electric utilities were exempt from state agency supervision under section
366.11, Florida Statutes (1967), and that they enjoyed "the privileges of legally protected monopolies within municipal limits." Storey,
217 So.2d at 307 (emphasis added)....
...set forth in the plain wording of the contract. In this case, because the contract is silent as to duration, I would follow the rule as stated in Gulf Cities and find that the contract is terminable at will. KOGAN and HARDING, JJ., concur. NOTES [1] § 366.11, Fla....
CopyCited 10 times | Published | Florida 1st District Court of Appeal | 1978 WL 391813
...ification cooperative law of the state nor a municipality ..." Thus, the statute by its very terms specifically excludes electric utilities operated by Rural Electrification Cooperatives and municipalities from its rate change jurisdiction. Further, Section 366.11, Florida Statutes (1975), provides certain exemptions from the PSC's jurisdiction stating, in part: "No provision of this chapter shall apply in any manner, other than as specified in ss....
...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 3 times | Published | Florida 1st District Court of Appeal | 2003 WL 22797842
...I do not, however, consider a city's provision of such service analogous to that of telecommunications service. What the court below failed to take into consideration is the fact that municipally owned power utilities continue to enjoy the benefits of legally protected monopolies within their territorial limits. See § 366.11, Fla....
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
are expressly excluded from the definition. Section
366.11, F.S., unambiguously immunizes "utilities owned
CopyAgo (Fla. Att'y Gen. 2005).
Published | Florida Attorney General Reports
...While your question is general in nature, your inquiry is primarily directed toward whether the city must seek the approval of the Public Service Commission. 2 The powers and duties of the Public Service Commission (PSC) are generally set forth in Chapter 366 , Florida Statutes. Section 366.11 , Florida Statutes, provides certain exemptions from the PSC's jurisdiction, stating in part: "(1) No provision of this chapter shall apply in any manner, other than as specified in ss....
...However, staff has not brought to the attention of this office any proceeding in which the commission concluded that the transfer of either all or part of the assets of an electric utility required approval by the commission prior to the transfer. 14 As noted above, section 366.11 , Florida Statutes, generally exempts utilities owned and operated by a municipality from the commission's jurisdiction, with certain exceptions....
...The statute requires a public utility to furnish to each person applying therefor reasonably sufficient, adequate, and efficient service upon terms as required by the commission. The statute is not one made applicable to municipally owned and operated electric utilities by section 366.11 , Florida Statutes, and therefore would appear to impose a responsibility on PEF to provide adequate and efficient service....
