Microtel, Inc. v. Florida Public Service Com'n, s. 64801

Decision Date28 February 1985
Docket NumberNos. 64801,65351 and 65449,65307,s. 64801
Citation464 So.2d 1189,10 Fla. L. Weekly 141
Parties10 Fla. L. Weekly 141 MICROTEL, INC., Appellant, v. FLORIDA PUBLIC SERVICE COMMISSION, et al., Appellees.
CourtFlorida Supreme Court

James E. Wharton, Orlando, for appellant.

William S. Bilenky, Gen. Counsel, Tallahassee, for Florida Public Service Com'n.

Richard D. Melson of Hopping, Boyd, Green & Sams, Tallahassee, for MCI Telecommunications Corp.

Hugh J. Turner, Jr. of Smathers & Thompson, Miami, and Kevin H. Cassidy, McLean, Va., for Satellite Business Systems.

Ben E. Girtman and B. Kenneth Gatlin of Madigan, Parker, Gatlin, Swedmark & Skelding, Tallahassee, for United States Transmission Systems, Inc.

Patrick K. Wiggins of Messer, Rhodes & Vickers, Tallahassee, for GTE Sprint Communications Corp.

EHRLICH, Justice.

These cases are before us for review of orders of the Public Service Commission. We are required to hear these appeals by sections 350.128 and 364.381, Florida Statutes (1983), pursuant to article V, section 3(b)(2), Florida Constitution.

Microtel was the first company certified by the Commission to provide competitive intrastate long distance service. The company urges that subsequent certification of other telephone companies, appellees here, should be denied or delayed for several reasons. We find appellant's arguments completely without merit and affirm the Commission.

Appellant Microtel first argues that the Commission is required to consider the criteria enumerated in section 364.337(2), Florida Statutes (1983), in determining whether to issue a certificate. According to Microtel, failure to do so in the instant cases renders the Commission's actions invalid. This is based on a clearly erroneous reading of the statutes. As the Commission urges, we find that sections 364.335 and 364.337, taken together, provide for a two-step certification process. The first step, governed by section 364.335, requires the Commission to make an initial decision whether to issue a certificate, guided by the discretionary proviso that certification be in the public interest. Only after the Commission has decided to certify do the provisions of section 364.337 come into play. The enumerated criteria of section 364.337(2) are to be considered in determining what special requirements and exemptions from regulation should govern the certified company. They are not relevant to the initial determination of whether to issue the certificate.

Microtel asserts that this construction of the statutes gives the Commission unbridled discretion in making the initial certification decision. Unbridled discretion is prohibited by this state's adherence to the doctrine of nondelegation of legislative power, pursuant to article II, section 3, Florida Constitution.

Under this doctrine fundamental and primary policy decisions shall be made by members of the legislature who are elected to perform those tasks, and administration of legislative programs must be pursuant to some minimal standards and guidelines ascertainable by reference to the enactment establishing the program.

Askew v. Cross Key Waterways, 372 So.2d 913, 925 (Fla.1978). In the instant situation, the legislature made the "fundamental and primary policy decision" that there be competition in long distance telephone service.

In implementing this policy decision, the legislature is obliged by the nondelegation doctrine to establish adequate standards and guidelines. Subordinate functions may be transferred by the legislature to permit administration of legislative policy by an agency with the expertise and flexibility needed to deal with complex and fluid conditions. State, Department of Citrus v. Griffin, 239 So.2d 577 (Fla.1970). Otherwise, the legislature would be forced to remain in perpetual session and devote a large portion of its time to regulation. Id. "Obviously, the very conditions which may operate to make direct legislative control impractical or ineffective may also, for the same reasons, make the drafting of detailed or specific legislation impractical or undesirable." Id. at 581.

In the instant situation, the legislature has provided standards and guidelines in section 364.335(1). 1 It is fairly obvious from the language of this section that the legislature wanted...

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14 cases
  • Advisory Opinion to the Governor, In re
    • United States
    • Florida Supreme Court
    • 12 d2 Maio d2 1987
    ...to dictate every conceivable application of the law down to the most minute detail. As we noted in Microtel, Inc. v. Florida Public Service Commission, 464 So.2d 1189, 1191 (Fla.1985), the subordinate factors in complex areas such as taxation should be left to the appropriate agency having ......
  • Whiley v. Scott
    • United States
    • Florida Supreme Court
    • 16 d2 Agosto d2 2011
    ...policy by an agency with the expertise and flexibility needed to deal with complex and fluid conditions.” 8 Microtel, Inc. v. Fla. Pub. Serv. Comm'n., 464 So.2d 1189, 1191 (Fla.1985); see also § 120.536(1), Fla. Stat. (2010).9 To determine whether the executive orders encroach upon the legi......
  • Robinson v. Stewart
    • United States
    • Florida District Court of Appeals
    • 23 d5 Janeiro d5 2015
    ...723 So.2d 199 (Fla.1998), Brown v. Apalachee Regional Planning Council, 560 So.2d 782 (Fla.1990), and Microtel, Inc. v. Florida Public Service Commission, 464 So.2d 1189 (Fla.1985), this statute passes constitutional muster. In Brown, the supreme court recognized that under the nondelegatio......
  • Florida Depart. of State v. Martin
    • United States
    • Florida Supreme Court
    • 10 d4 Novembro d4 2005
    ...policy by an agency with the expertise and flexibility to deal with complex and fluid conditions." Microtel, Inc. v. Fla. Public Serv. Comm'n, 464 So.2d 1189, 1191 (Fla.1985). However, under article II, section 3 of the constitution the Legislature "may not delegate the power to enact a law......
  • Request a trial to view additional results

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