|
Page 1
<br /> 402 So.2d 1209,*; 1981 Fla.App.LEXIS 20623,*�
<br /> ROSALIND HOLDING COMPANY,etc.,Appellant,v.THE ORLANDO UTILI-
<br /> TIES COMMISSION,et al.,Appellee
<br /> Nos. 79-1298/T4-5%;80-9
<br /> Court of Appeal of Florida,Filth District
<br /> 402 Sa 2d 1209;1981 Fla.App.LEXIS 20623
<br /> July 22,1981
<br /> SUBSEQUENT HISTORY: [**1] Rehearing sonable rates, filed by Rosalind as a member of
<br /> Denied September 11,1981. the class, stated a cause of action.Rosalind is a
<br /> "resident" of the City of Orlando and an OUC
<br /> PRIOR HISTORY: Appeal from the Circuit Court customer. The OUC has approximately 80,000
<br /> for Orange County,William C.Gridley,Judge. consumers of its utilities services. The standing
<br /> of Rosalind to bring this suit,and the propriety of
<br /> the suit as a class action,were determined in the
<br /> COUNSEL: Stephen P.Kam,Winter Park and Charles prior appeal and are therefore the "law of the
<br /> Evans Davis of Fishback, Davis, Dominick &Bennett, case."
<br /> Orlando,for appellant.
<br /> [**2] The OUC was created in 1923 by a special
<br /> J.Thomas Gurney,Leon Handley and Thomas B.Tart of act of the legislature, Chapter 9861, Laws of Florida
<br /> Gurney,Gurney&Handley,P.A.,Orlando,for appellee, (1923),as a part of the City of Orlando.Its purpose is to
<br /> Orlando Utilities Commission, operate and manage the City's electrical and water utili-
<br /> ties both inside and outside the boundaries of the City.
<br /> Richard W.Bates and Gray,Adams,Harris&Robinson, The Commission is empowered to set the utility rates,
<br /> Orlando,for appellee,Orange County. and the City is required to pay for any OUC utilities it
<br /> uses.During the period 1970 through June 1974,Florida
<br /> Robert L. Hamilton,Orlando, for appellee, The City of excluded municipally owned utilities from regulation by
<br /> Orlando. the Florida Public Service Commission(PSC). I Effe -
<br /> tive July 1, 1974, section 366 04(2), Florida Statutes,
<br /> JUDGES: Before SHARP,W. J. ORFINGER,J., and was added to give the PSC power over municipal electric
<br /> WALKER,GRISSIM H.,Associate Judge,concur. utilities..."(b)(t)prescribe a rate structure for all elec-
<br /> tric
<br /> lecttric utilities...and(f)(t)o prescribe and require the filing
<br /> OPINION BY:SHARP of periodic reports and other data as may be reasonably
<br /> available and as necessary to exercise its jurisdiction."
<br /> OPINION Since 1978 the OUC has filed its reports with the PSC,
<br /> but as yet no regulations concerning rate structure have
<br /> [*1210] Rosalind Holding Company appeals from been promulgated by the PSC.
<br /> a final judgment denying it any relief in its class action
<br /> suit' against the Orlando Utilities Commission and the 2. Ch.10968,Laws of FIs.(1925).
<br /> City of Orlando. The lower court held that Rosalind 3. Edris v. Sebring MR Comm'A 237 So.2d
<br /> failed to prove the utility rates charged by the OUC for 583(Fla. 2d DCA),cert. denied,240 So.2d 643
<br /> the years 1970 through 1978 were unreasonable and con- (Ra.1970);§§366.02,36611,367.022, FlaStat.
<br /> fiscatory.The court assessed Rosalind with taxable costs (1979).
<br /> of$ 8,624.67, which Rosalind also appeals. After an [**3] In contrast to a public service commission,
<br /> extensive review of the record in this case,we afJinm the which is designed to regulate and set reasonable rates for
<br /> lower court on both grounds. utilities and require certain methods of calculating rea-
<br /> l. In the Orlando Utilities Commission V. sortable rates,the courts have a much more limited fimc-
<br /> Rosalind Holding, 330 S0.2d 56 (Fla Ah DCA tion. Setting rates and methods to calculate them is a
<br /> 1976), the Fourth District Court ruled that the legislative function, whether it is done by a public ser-
<br /> complaint alleging that the Orlando Utilities vice [*1211] commission or the OUC board.'A per-
<br /> Commission had charged its customers unrea- son seeking to attack in the courts the rates charged by a
<br /> c
<br /> 5�
<br />
|