NORMAN EASTMAN, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Citrus Cnty. v. S. States Utils., Inc., 656 So. 2d 1307 (Fla. 1st DCA 1995)
  …tility service. As an administrative agency created by the legislature, “the Commission’s power, duties and authority are those and only those that are conferred expressly or impliedly by statute of the State.” Bolling Oaks Utilities v. Florida PSC, 533 So. 2d 770, 773 (Fla. 1st DCA 1988). “Any reasonable doubt as to the lawful existence of a particular power that is being exercised by the Commission must be resolved against the exercise thereof, and the further exercise of the power should be arrested.” City…
• S. States Utils. v. Fla. Pub. Serv. Comm'n, 714 So. 2d 1046 (Fla. 1st DCA 1998)
  …other administrative agencies, is a creature of statute, “the Commission’s powers, duties and authority are those and only those that are conferred expressly or impliedly by statute of the State.” Rolling Oaks Utils, v. Florida Public Serv. Comm’n, 533 So. 2d 770, 773 (Fla. 1st DCA 1988). See, e.g., Deltona Corp. v. Mayo, 342 So. 2d 510 n. 4 (Fla.1977) (quoting City of Cape Coral v. GAC Utils., 281 So. 2d 493, 496 (Fla.1973)). The statute that grants ratemaMng authority to the PSC in water and sewer cases is…
• Fla. Pub. Serv. Comm'n & Citizens of the State of Fla. v. Fla. Waterworks Ass'n & Fla. Water Servs. Corp., 731 So. 2d 836 (Fla. 1st DCA 1999)
  …xceed, unless extended by the commission, 24 months from the end of the historical test period used to set final rates. § 367.081(2)(a), Fla. Stat. (1997) (emphasis supplied). We noted in Rolling Oaks Utilities v. Florida Public Service Commission, 533 So. 2d 770, 773 (Fla. 1st DCA 1988): Although the Commission does not have a formal rule or policy requiring a utility to maintain a reserve capacity, in given cases it makes an adjustment to a utility’s rate base which, in a sense, rewards the utility for it…

Authorities Cited

• Dion Michael Carawan v. State, 515 So. 2d 161 (Fla. 1987)
• Scott v. State, 453 So. 2d 798 (Fla. 1984)