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Florida Statute 366.02 | Lawyer Caselaw & Research
F.S. 366.02 Case Law from Google Scholar
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The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 366
PUBLIC UTILITIES
View Entire Chapter
F.S. 366.02
366.02 Definitions.As used in this chapter:
(1) “Attaching entity” means a person that is a local exchange carrier, a public utility, a communications services provider, a broadband service provider, or a cable television operator that owns or controls pole attachments.
(2) “Commission” means the Florida Public Service Commission.
(3) “Communications services provider” means an entity providing communications services as defined in s. 202.11(1).
(4) “Electric utility” means any municipal electric utility, investor-owned electric utility, or rural electric cooperative which owns, maintains, or operates an electric generation, transmission, or distribution system within the state.
(5) “Pole” means a pole used for electric distribution service, streetlights, communications services, local exchange services, or cable television services which is owned in whole or in part by a pole owner. The term does not include a pole used solely to support wireless communications service facilities or a pole with no electrical facilities attached.
(6) “Pole attachment” means any attachment by a public utility, local exchange carrier communications services provider, broadband provider, or cable television operator to a pole, duct, conduit, or right-of-way owned or controlled by a pole owner.
(7) “Pole owner” means a local exchange carrier, a public utility, a communications services provider, or a cable television operator that owns a pole.
(8) “Public utility” means every person, corporation, partnership, association, or other legal entity and their lessees, trustees, or receivers supplying electricity or gas (natural, manufactured, or similar gaseous substance) to or for the public within this state; but the term “public utility” does not include either a cooperative now or hereafter organized and existing under the Rural Electric Cooperative Law of the state; a municipality or any agency thereof; any dependent or independent special natural gas district; any natural gas transmission pipeline company making only sales or transportation delivery of natural gas at wholesale and to direct industrial consumers; any entity selling or arranging for sales of natural gas which neither owns nor operates natural gas transmission or distribution facilities within the state; or a person supplying liquefied petroleum gas, in either liquid or gaseous form, irrespective of the method of distribution or delivery, or owning or operating facilities beyond the outlet of a meter through which natural gas is supplied for compression and delivery into motor vehicle fuel tanks or other transportation containers, unless such person also supplies electricity or manufactured or natural gas.
(9) “Redundant pole” means a pole owned or controlled by a pole owner which is:
(a) Near or adjacent to a new pole that is intended to replace the old pole from which some or all of the pole attachments have not been removed and transferred to the new pole;
(b) Left standing after the pole owner has relocated its facilities to underground but on which pole attachments of other attaching entities remain; or
(c) Left standing after a pole owner’s attachments have been removed from that route or location to accommodate a new route or design for the delivery of service.
History.s. 2, ch. 26545, 1951; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 16, ch. 80-35; s. 2, ch. 81-318; ss. 1, 20, 22, ch. 89-292; s. 4, ch. 91-429; s. 14, ch. 92-284; s. 2, ch. 2021-191; s. 27, ch. 2022-4.

F.S. 366.02 on Google Scholar

F.S. 366.02 on Casetext

Amendments to 366.02


Arrestable Offenses / Crimes under Fla. Stat. 366.02
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 366.02.



Annotations, Discussions, Cases:

Cases from cite.case.law:

MATHERS v. WAKULLA COUNTY, a, 219 So. 3d 140 (Fla. Dist. Ct. App. 2017)

. . . This subsection shall not apply to an electric utility, as defined in s. 366.02(2). . . .

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 . . . Section: 366.02(2) defines an “[ejlectric utility” as' “any municipal electric utility, investor-owned . . . Neither section 366.02(2), section 366,06(1), nor any other provision in chapter 366 limit the PSC’s . . . .” § ‘ 366.02(2), Fla. Stat. (2014). It is undisputed that FPL is an electric utility. . . . the authority to determine and fix fair, just, and reasonable rates for public utilities, and section 366.02 . . .

ADVISORY OPINION TO ATTORNEY GENERAL LIMITS OR PREVENTS BARRIERS TO LOCAL SOLAR ELECTRICITY SUPPLY. To, 177 So. 3d 235 (Fla. 2015)

. . . .” § 366.02(1), Fla. Stat. (2014). . . .

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

. . . Analysis Although KES is not a “public utility” within the definition of section 366.02(1), Florida Statutes . . . (2011), it is an “electric utility” under the subsection which follows, section 366.02(2). . . .

J. CHACKAL, S. v. STAPLES, M. D. J. M. a, 991 So. 2d 949 (Fla. Dist. Ct. App. 2008)

. . . This subsection shall not apply to an electric utility, as defined in s. 366.02(2). . . .

CLAY ELECTRIC COOPERATIVE, INC. v. JOHNSON, v., 873 So. 2d 1182 (Fla. 2003)

. . . Under section 366.02, Florida Statutes (2002), such entities are not considered "pub-lie utilities” and . . . The majority cites section 366.02(2), Florida Statutes (2002), defining "electric utility.” . . . exercise of the police power of the state” and setting forth criteria governing such regulation); § 366.02 . . .

J. PICHOWSKI, L. L. C. I- L. L. C. v. FLORIDA GAS TRANSMISSION COMPANY,, 857 So. 2d 219 (Fla. Dist. Ct. App. 2003)

. . . Section 366.02(1), Florida Statutes (2001), includes suppliers of gas to or for the public within Florida . . . FGTC does not qualify as a public utility under section 366.02(1) because it falls within the exclusion . . . Public Utilities,” but as noted previously, the definition of “public utility” contained in section 366.02 . . .

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

. . . Section 366.02(2), Florida Statutes defines the term “electric utility” as follows: (3) “Electric utility . . . Seminole concedes it is an “electric utility” as defined in Section 366.02(2), Florida Statutes. . . . Sections 366.04(2)(b) and 366.02(2), Florida Statutes, given their plain and ordinary meaning, clearly . . . This interpretation is consistent with the plain language used by the Legislature in Sections .366.02 . . . Section 366.02, Florida Statutes (2001), provides the following definition for an electric utility: ( . . .

GENERAL MOTORS CORP. v. TRACY, TAX COMMISSIONER OF OHIO, 519 U.S. 278 (U.S. 1997)

. . . . §§366.02(1), 366.03 (West Supp. 1997); see generally §§366.01 through 366.14 (West 1968 and Supp. 1997 . . .

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

. . . .” § 366.02(1), Fla.Stat. (1987). . . . single customer makes the provider a “public utility” subject to PSC jurisdiction pursuant to section 366.02 . . . 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)

. . . . § 366.02. . . . .

CONSOLIDATED GAS COMPANY OF FLORIDA, INC. v. CITY GAS COMPANY OF FLORIDA, a, 880 F.2d 297 (11th Cir. 1989)

. . . . § 366.02 to “prescribe fair and reasonable rates and charges” includes the power to approve territorial . . .

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

. . . The decision hinges' on the phrase “to the public,” as it is used in section 366.02(1), Florida Statutes . . . Section 366.02(1) provides the following exemption: “[T]he term ‘public utility’ as used herein does . . . As explained in the PSC order: In parallel with Section 366.02(1), Section 367.021, Florida Statutes . . . Thus if Section 366.02(1) is given its plain and ordinary meaning, a person is not supplying electricity . . .

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

. . . . § 366.02 (1985). . . .

SEBRING UTILITIES COMMISSION, v. HOME SAVINGS ASSOCIATION OF FLORIDA, a a, 508 So. 2d 26 (Fla. Dist. Ct. App. 1987)

. . . See §§ 366.02, 366.11 and 367.022(2), Fla.Stat. (1983). . . .

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

. . . Merritt Square Corporation, 334 So.2d 351 (Fla. 1st DCA 1976) (citing Section 366.02, Florida Statutes . . . E.g., Section 366.02(1), Florida Statutes (1985), defines "public utility” as an entity supplying electricity . . .

In BEGLEY, BEGLEY, v. PHILADELPHIA ELECTRIC COMPANY,, 41 B.R. 402 (E.D. Pa. 1984)

. . . King, Collier on Bankruptcy ¶ 366.02 (15th ed. 1984). . . .

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

. . . Comm’n, 237 So.2d 585 (Fla. 2d DCA), cert. denied, 240 So.2d 643 (Fla. 1970); §§ 366.02, 366.11, 367.022 . . .

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

. . . On May 24, 1979, Peoples, a public utility as defined in section 366.02, Florida Statutes (1977), applied . . .

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

. . . relevant. here, the jurisdiction of the PSC is limited to “public utilities”, which are defined in Section 366.02 . . . Jacksonville and that it, therefore, lies within the jurisdictional exclusions pronounced by Sections 366.02 . . .

PLANT CITY NATURAL GAS CO., 47 Fla. Supp. 23 (Fla. P.S.C. 1978)

. . . Plant City Natural Gas Company is a public utility within the definition of Section 366.02, Florida Statutes . . .

OLTMAN, v. CITY OF POMPANO BEACH OLTMAN, v. CITY OF POMPANO BEACH, 46 Fla. Supp. 138 (Broward Cty. Cir. Ct. 1977)

. . . See: Sections 366.02 and 367.022(2), Florida Statutes. 12. In Storey v. . . .

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

. . . Both utilities have been exempt from regulation by this Commission pursuant to Section 366.02, Florida . . .

DEPARTMENT OF REVENUE, v. MERRITT SQUARE CORPORATION, a, 334 So. 2d 351 (Fla. Dist. Ct. App. 1976)

. . . substance) to or for the public within this state, directly or indirectly for compensation; . . . ” § 366.02 . . .

UNITED GAS PIPE LINE COMPANY, a a v. H. BEVIS,, 336 So. 2d 560 (Fla. 1976)

. . . Both sides agree that the Florida Legislature could repeal the exemption expressed in Section 366.02, . . . if the public interest so requires, simply by repealing the exemption which now appears in Section 366.02 . . . Section 366.02, Fla.Stat. (1973). . Art. Ill, § 1, Fla.Const. (1968). . Art. . . .

INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION, v. UNITED TELEPHONE COMPANY OF FLORIDA,, 60 F.R.D. 177 (M.D. Fla. 1973)

. . . . § 366.02 because the resale of electricity was not “to the public” as that phrase has ordinarily been . . .

FEDERAL POWER COMMISSION v. FLORIDA POWER LIGHT CO., 404 U.S. 453 (U.S. 1972)

. . . Id., §366.02. The Commission exercises this power. . . .

R. EDRIS M. v. SEBRING UTILITIES COMMISSION, a, 237 So. 2d 585 (Fla. Dist. Ct. App. 1970)

. . . . §§ 366.02, 366.11 and 367.02, F.S.A. . . .

In SALE OF ELECTRICITY TO BE RESOLD, 34 Fla. Supp. 40 (Fla. P.S.C. 1970)

. . . The statutory definition is found in §366.02, the pertinent portion thereof reads as follows — “The term . . .

In SOUTHERN GAS ELECTRIC CORPORATION, 4 Fla. Supp. 127 (Fla. Railroad & P. U. C. 1953)

. . . Section 366.02 specifically states that the term “public utility” does not include a person (which term . . .