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LEWIS v. PUBLIC SERVICE COM'N

No. 65350.

463 So.2d 227 (1985)

Gerald LEWIS, As Comptroller and Head of the Department of Banking and Finance, State of Florida, Appellant, v. PUBLIC SERVICE COMMISSION, Appellee.

Supreme Court of Florida.

January 31, 1985.

Attorney(s) appearing for the Case

S. Craig Kiser, General Counsel, Charles L. Stutts, Deputy General Counsel, and Kenneth J. Muszynski, Assistant General Counsel, Dept. of Banking and Finance, Tallahassee, for appellant.

William S. Bilenky, General Counsel, and Paul Sexton, Associate General Counsel, Tallahassee, for appellee.

McDONALD, Justice.

This case is before us on direct appeal from a Public Service Commission (PSC) order approving a utility surcharge refund plan proposed by the City of Tallahassee. We have jurisdiction. Art. V, § 3(b)(2), Fla. Const. The issue here is whether subsection 366.06(3) or subsection 717.05(2), Florida Statutes (1983), controls the disposition of unclaimed municipal utility refunds created by an improper rate structure. We hold that such refunds should...

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