The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . ." § 366.04, Fla. Stat. (2017). . . .
. . . See §§ 366.04, 366.05, Fla. Stat. (2017) ; City of St. Petersburg v. . . .
. . . 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 . . .
. . . Bryson, 569 So.2d 1253, 1254 (Fla.1990) (noting that “[i]n section 366.04(1) ... the [Legislature granted . . .
. . . 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 . . .
. . . The Florida legislature enacted section 366.04, Florida Statutes (1986), adopting the NESC standards . . .
. . . 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 . . .
. . . . § 366.04(5); see also Joint Br. of State Pet’rs' 20-22 (citing state statutes related to planning). . . .
. . . 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 . . .
. . . 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 . . .
. . . . §§ 366.04(1)-(2), 366.041(1), & 366.06, Fla. Stat. (2008). . . .
. . . See § 366.04, Fla. Stat. (2009); Extraordinary Title Servs., LLC v. Fla. . . .
. . . The PSC, the Rules, and the Tariff Section 366.04, Florida Statutes (1997), grants to the PSC jurisdiction . . .
. . . 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 . . .
. . . Deducting the adjusted expenses from the Debtor’s CMI, yields a monthly net disposable income of $366.04 . . .
. . . Section 366.04(6), Florida Statutes (2004), provides that following the standards under the National . . .
. . . Section 366.04 of the Florida Statutes states: “[T]he commission shall have jurisdiction to regulate . . .
. . . of seven feet five inches required by the National Electric Safety Code [NESC] as adopted by section 366.04 . . .
. . . 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). . . .
. . . 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 . . .
. . . . § 366.04(2); see also id. Ch. 166. . . .
. . . New Smyrna is regulated by the PSC pursuant to section 366.04(2), Florida Statutes (1997). . Pub.L. . . .
. . . 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 . . .
. . . . § 366.04. . . . Stat. § 366.04. . . .
. . . 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 . . .
. . . 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 . . .
. . . 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 . . .
. . . The Commission also applied section 366.04(5), Florida Statutes (1993), which provides: (5) The commission . . .
. . . 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 . . .
. . . . § 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). . . .
. . . Section 366.04(2)(b), Florida Statutes (1991), grants the Commission power “[t]o prescribe a rate structure . . .
. . . See § 366.04(2)(d), Fla.Stat. (1989). . Public Serv. Comm’n v. Fuller, 551 So.2d 1210 (Fla.1989). . . .
. . . 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 . . .
. . . 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 . . .
. . . . § 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 . . .
. . . 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 . . .
. . . We recognize that, pursuant to Section 366.04, Florida Statutes, any territorial disputes that may arise . . .
. . . Section 366.04(3), Florida Statutes (1985), directs the PSC to exercise its powers to avoid “uneconomic . . .
. . . . § 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 . . .
. . . . § 366.04). . . . The relevant portion of Fla.Stat. § 366.04 (1985) provides as follows: Jurisdiction. . . .
. . . .” § 366.04(3), Fla.Stat. (1985). . . .
. . . Its argument is premised on the fact that section 366.04, Florida Statutes (1985), authorizes the commission . . .
. . . 1985), defines "public utility” as an entity supplying electricity or gas to the public, and Section 366.04 . . .
. . . 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 . . .
. . . .” § 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 . . .
. . . . § 366.04(2)(b), Fla.Stat. (1983). . . .
. . . Section 366.04(2)(e), Florida Statutes (1983), enumerates the factors the Commission should use in evaluating . . .
. . . electric utilities to submit rate tariff sheets so it could implement its jurisdiction under section 366.04 . . .
. . . Effective July 1, 1974, section 366.04(2), Florida Statutes, was added to give the PSC power over municipal . . .
. . . issuance and sale of securities by an intrastate natural gas distribution company arises from section 366.04 . . .
. . . proposed rates and within thirty days the Commission entered its Order No. 7791 pursuant to Section 366.04 . . .
. . . Section 366.03 requires that all rates charged by regulated utilities be “fair and reasonable,” while § 366.04 . . .
. . . stating, in part: “No provision of this chapter shall apply in any manner, other than as specified in ss. 366.04 . . .
. . . 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 . . .
. . . Sections 366.04(1), 366.05(1), 366.06(3), Fla. Stat. (1975). . . . .
. . . Moreover, under §366.04(1) the commission is specifically granted authority to consider the adequacy . . .
. . . . § 366.04, F.S.A. . . .
. . . . §366.04 vests this commission with exclusive jurisdiction to regulate and supervise each electric utility . . .
. . . to approve such agreements, 182 So.2d 429, we relied heavily upon the fact that in Sections 366.03, 366.04 . . .
. . . Section 366.04 vests in the commission “jurisdiction to regulate and supervise each public utility with . . .
. . . . § 366.04, Fla.Stat., F.S.A.; (2) to require repairs, improvements, additions and extensions to plants . . .
. . . .................... 10,710.89 Brady, Hanser and Thompson... 674.52 Engle, Wells and Levy.......... 366.04 . . .
. . . States upon the payment to it. of the amount conceded by the Government to be due, less the sum of $366.04 . . .