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• <br />• <br />• <br />including population, the degree of urbanization of the <br />area, its proximity to other urban areas, and the present <br />and reasonably foreseeable future requirements of the area <br />for other utility services. <br />Section 366.04(5), Florida Statutes, codifies the Commission's <br />jurisdiction over the State's generation, transmission, and <br />distribution grid, and provides in pertinent part as follows: <br />(5) The commission shall further have jurisdiction over the <br />planning, development, and maintenance of a coordinated <br />electric power grid throughout Florida to assure an adequate <br />and reliable source of energy for operational and emergency <br />purposes in Florida and the avoidance of further uneconomic <br />duplication of generation, transmission, and distribution <br />facilities. <br />Additionally, Section 366.04(7), Florida Statutes, is also <br />invoked by the Town as a basis for its Complaint; the County has also <br />mentioned this statute in one of the requested declaratory statements <br />in its Petition. That section, as originally enacted in 2008;1 <br />provided as follows: <br />(7)(a) As used in this subsection, the term "affected <br />municipal electric utility" means a municipality that <br />operates an electric utility that: <br />1. Serves two cities in the same county; <br />2. Is located in a noncharter county; <br />3. Has between 30,000 and 35,000 retail electric customers as <br />of September 30, 2007; and <br />4. Does not have a service territory that extends beyond its <br />home county as of September 30, 2007. <br />(b) Each affected municipal electric utility shall conduct a <br />referendum election of all of its retail electric customers, <br />with each named retail electric customer having one vote, <br />concurrent with the next regularly scheduled general election <br />following the effective date of this act. <br />(c) The ballot for the referendum election required under <br />paragraph (b) shall contain the following question: "Should a <br />separate electric utility authority be created to operate the <br />business of the electric utility in the affected municipal <br />electric utility?" The statement shall be followed by the <br />word "yes" and the word "no." <br />1 Subsection (e) of this statute was repealed in 2014. <br />7 <br />as <br />