MARTIN ANDERSEN, D/B/A SENTINEL-STAR EXPRESS, PETITIONER,
v.
EDWIN L. MASON ET AL., RESPONDENTS
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The Florida Supreme Court quashed an order of the Public Utilities Commission granting a certificate of public convenience and necessity because the order failed to contain sufficient findings of fact to support its conclusion. The court held that an administrative order must include explicit findings of fact by the commission itself, not merely recitations from testimony.
The court held that Order No. 6532 fails to state sufficient findings of fact. The order must contain explicit findings of fact by the commission itself supporting its ultimate conclusion regarding public convenience and necessity, and recitations from testimony cannot substitute for such findings.
“no findings of fact [were] contained therein upon which the Commission predicated its ultimate conclusion 'that public convenience and necessity demand that this application be granted”
Establishes the standard from Central Truck Lines requiring explicit findings of fact supporting the ultimate conclusion about public convenience and necessity
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Join FLexlaw to unlock all legal intelligenceThe Florida Public Utilities Commission issued Order No. 6532 on January 5, 1965, extending a certificate of public convenience and necessity previous…
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Petitioner attacks Order No. 6532 of the Florida Public Utilities Commission, dated January 5, 1965, extending the certificate of public convenience and necessity previously issued to Arthur N. Lloyd, Inc., to include the transportation of certain general commodities over irregular routes between specified points, on an “on-call expedited” basis. More specifically, petitioner argues that Order No. 6532 is deficient because (1) it did not contain sufficient findings of fact, and (2) the findings of fact that were made were not supported by competent substantial evidence in the record.
It is not necessary for us to go beyond the first of these alleged deficiencies, for we hold that Order No. 6532 does fail to state sufficient findings of fact. In Central Truck Lines, Inc. v. King, Fla. 1962, 146 So.2d 370, we reversed an order of this commission on the ground that “no findings of fact [were] contained therein upon which the Commission predicated its ultimate conclusion ‘that public convenience and necessity demand that this application be granted * * *.’ ”
The order under consideration does contain findings as to such peripheral matters as the fitness of the applicant to render the service and the effect of the grant of authority upon transportation facilities or transportation as a whole within the territory involved. However, so far as the basic conclusion as to public convenience and necessity is concerned, it is equally deficient as the order involved in the Central Truck Lines case, supra. Also see Ryder Truck Lines, Inc. v. King, Fla. 1963, 155 So.2d 540 and Village of North Palm Beach v. Mason, Fla.1964, 167 So.2d 721. Moreover, recitations from the testimony cannot be accepted in lieu of fact findings by the commission itself. Ryder Truck Lines, Inc. v. King, supra.
For obvious reasons, we deem it inappropriate to consider the second attack pressed by petitioner. Ryder Truck Lines, Inc. v. King, supra.
The petition for certiorari is granted, the commission’s Order No. 6532 is quashed, and the cause is remanded for the entry of a proper order.
It is so ordered.
THORNAL, C. J., DREW, O’CONNELL and HOBSON (Ret.), JJ., and JOHNSON, District Court Judge concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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City OF Miami v. Lopez, 487 So. 2d 1111 (Fla. 3d DCA 1986)…za, 405 So. 2d 446 (Fla. 4th DCA 1981); Metropolitan Dade County v. Mingo, 339 So. 2d 302 (Fla. 3d DCA 1976). Where an administrative agency fails to make the required findings of fact the case must be remanded for that purpose. Andersen v. Mason, 184 So. 2d 177 (Fla.1966); Ryder Truck Lines, Inc. v. King, 155 So. 2d 540 (Fla.1963); McCulley Ford, Inc. v. Calvin, 308 So. 2d 189 (Fla. 1st DCA 1974), cert. denied, 314 So. 2d 592 (Fla.1975); Powell v. Board of Public Instruction of Levy County, 229 So. 2d 308…
Authorities Cited
- Vill. OF N. Palm Beach v. Mason, 167 So. 2d 721 (Fla. 1964)
- Cent. Truck Lines, Inc. v. King, 146 So. 2d 370 (Fla. 1962)
- Herb v. Louie L. Wainwright, 155 So. 2d 540 (Fla. 1963)