Citizens of Florida v. Mayo, No. 50446
| Court | United States State Supreme Court of Florida |
| Writing for the Court | ADKINS; OVERTON |
| Citation | 357 So.2d 731 |
| Parties | The CITIZENS OF the State of FLORIDA, Petitioners, v. William T. MAYO, Chairman, William H. Bevis, Commissioner, and Paula F. Hawkins, Commissioner, as and constituting the Florida Public Service Commission, Respondents. |
| Docket Number | No. 50446 |
| Decision Date | 06 April 1978 |
Page 731
v.
William T. MAYO, Chairman, William H. Bevis, Commissioner, and Paula F. Hawkins, Commissioner, as and constituting the Florida Public Service Commission, Respondents.
Page 732
Larry Levy, Public Counsel and C. Earl Henderson and Peter Andrew Knocke, Associate Public Counsel, Tallahassee, for petitioners.
William L. Weeks, Gen. Counsel, and Barrett G. Johnson, Tallahassee, for Florida Public Service Com'n, respondents.
D. Fred McMullen, Lee L. Willis and James D. Beasley of Ausley, McMullen, McGehee, Carothers & Proctor, Tallahassee, for Tampa Elec. Co., intervenor-respondent.
R. Y. Patterson, Jr., and Daniel O. White, Winter Park, for Fla. Gas Co., intervenor-respondent.
Walter H. Alford, Miami, for Southern Bell Tel. and Tel. Co., intervenor-respondent.
Dan R. Schwartz, in pro. per.
ADKINS, Justice.
We have for review by writ of certiorari an order of the Public Service Commission denying a petition of public counsel wherein he sought to have the Commission institute rule making proceedings pursuant to the provisions of Section 120.54, Florida Statutes (1975) for the purpose of adopting an amendment to the Commission's rule regarding agenda conferences (25-1.40, Florida Administrative Code) in the form proposed by public counsel.
An agenda conference is a medium for decision making. A particular matter does not come up before the Commissioners at an agenda conference until after all steps involved in the development of the record in such matters have been concluded. An agenda conference is analogous to jury deliberations in a court trial, or a conference among a panel of judges following oral argument on an appeal. The Commission holds its conferences with its advisory staff in public on a regularly scheduled basis, as provided in Rule 25-1.40. These conferences, called agenda conferences, deal with whatever matters are ready for decision at the time they are held, and typically cover many cases. In accordance with the Administrative Procedure Act, an agenda is prepared and distributed to the public in advance listing those cases scheduled for decision at a given conference. In addition, all summaries by advisory staff are public documents.
This proceeding was prompted by petitioner's stated desire to actively participate in Commission agenda conferences. The existing Commission rule governing agenda conferences reads:
"25-1.40 Agenda Conferences. Decisions by the Commission are made and votes thereon are taken at agenda conferences, which are normally held in the Commission's offices in Tallahassee on the first, third and fifth Mondays of each month; agenda conferences are also held at other times and places as necessary. Single copies of the agenda for each conference may be obtained without charge on request to the Commission Clerk. Notices announcing the specific time, date and place of each agenda conference are published in the Florida Administrative Weekly approximately ten (10) days in advance. Summaries and responses to Commissioners' inquiries, if any, are made only by the Commission staff. Participation in Commission proceedings by the parties and the public generally is provided for under the provisions of
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Chapter 25-2, Florida Administrative Code.Specific Authority 350.12(1)(m), 364.20, 364.42, 366.05(1), 367.121(1)(f), 120.53, F.S. Law Implemented 350.121(350.12)(1)(m), 364.20, 364.42, 366.05(1), 367.121(1)(f), 120.53, F.S. History New 10-20-75."
Petitioner here faults the Commission for denying his petition to amend the foregoing rule to read as follows:
"25-1.40 Agenda Conferences. Decisions by the Commission are made and votes thereon are taken at agenda conferences, which are normally held in the Commission's offices in Tallahassee on the first, third and fifth Mondays of each month; agenda conferences are also held at other times and places as necessary. Single copies of the agenda for each conference may be obtained without...
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State, Dept. of Ins. v. Insurance Services Office, No. VV-367
...may not substitute its judgment for that of the agency. Section 120.68(12), Florida Statutes (Supp.1978); Citizens of Florida v. Mayo, 357 So.2d 731 In Bowling v. Department of Insurance, 394 So.2d 165, 174 (Fla. 1st DCA 1981), this court compared the presumption of validity attending an ag......
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Metropolitan Dade County v. P.J. Birds, Inc., No. 93-1578
...and this Court will not substitute its judgment for that of the agency on an issue of discretion." Citizens of Florida v. Mayo, 357 So.2d 731, 733 (Fla.1978). The Florida Supreme Court has thus explicitly recognized that an administrative agency may proceed with case-by-case adjudicati......
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Florida Waterworks Ass'n v. Florida Public Service Com'n, Nos. AT-46
...is clear that this Court will not substitute its judgment for that of the PSC on a discretionary decision. Citizens of Florida v. Mayo, 357 So.2d 731 (Fla.1978). This particular policy choice finds ample support in the record, where it is shown that an income tax expense adjustment had been......
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Guerra v. State, Dept. of Labor & Employment Sec., Nos. 81-1493
...the enactment and content of a particular administrative rule are ordinarily matters of agency discretion, Citizens of Florida v. Mayo, 357 So.2d 731 (Fla.1978); Sec. 120.68(12), Fla.Stat. (1979), this principle gives way in the face of a legislative requirement to the contrary. Citizens of......
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State, Dept. of Ins. v. Insurance Services Office, No. VV-367
...may not substitute its judgment for that of the agency. Section 120.68(12), Florida Statutes (Supp.1978); Citizens of Florida v. Mayo, 357 So.2d 731 In Bowling v. Department of Insurance, 394 So.2d 165, 174 (Fla. 1st DCA 1981), this court compared the presumption of validity attending an ag......
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Metropolitan Dade County v. P.J. Birds, Inc., No. 93-1578
...and this Court will not substitute its judgment for that of the agency on an issue of discretion." Citizens of Florida v. Mayo, 357 So.2d 731, 733 (Fla.1978). The Florida Supreme Court has thus explicitly recognized that an administrative agency may proceed with case-by-case adjudicati......
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Florida Waterworks Ass'n v. Florida Public Service Com'n, Nos. AT-46
...is clear that this Court will not substitute its judgment for that of the PSC on a discretionary decision. Citizens of Florida v. Mayo, 357 So.2d 731 (Fla.1978). This particular policy choice finds ample support in the record, where it is shown that an income tax expense adjustment had been......
-
Guerra v. State, Dept. of Labor & Employment Sec., Nos. 81-1493
...the enactment and content of a particular administrative rule are ordinarily matters of agency discretion, Citizens of Florida v. Mayo, 357 So.2d 731 (Fla.1978); Sec. 120.68(12), Fla.Stat. (1979), this principle gives way in the face of a legislative requirement to the contrary. Citizens of......