Florida Power & Light Company v. Velez
FPL sought prohibition to stop a putative class action by customers alleging breach of contract and gross negligence for failure to meet PSC storm-hardening standards, arguing the PSC had exclusive jurisdiction. The Third DCA denied the petition, holding the circuit court retains jurisdiction over claims for money damages based on past conduct, even where the claims turn on whether a utility met PSC-established standards.
Key facts
- FPL sought a writ of prohibition to halt a putative class action brought by customers alleging breach of contract and gross negligence for FPL's failure to meet PSC-established storm-hardening standards.
- The circuit court denied FPL's motion to dismiss on grounds of lack of jurisdiction, allowing the class action to proceed.
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Why it matters
A useful, citable reaffirmation that utility defendants cannot use PSC 'exclusive jurisdiction' to oust circuit courts from damages actions grounded in regulatory standards — important for storm-damage and utility class… — full analysis with a trial
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