Board of County Commissioners Indian River County, Florida, Appellant v. Art Graham

Summary

The court affirmed the Florida Public Service Commission’s declaration that the City of Vero Beach retained the right and obligation to provide electric service in its PSC-approved territory after the county franchise agreement expired. The court held that the City had standing, that the PSC acted within its exclusive and superior jurisdiction over utility service areas, and that the declaration neither transferred county property rights nor affected franchise fees. The court also affirmed the separate denial of the County’s petition because it failed to satisfy the statutory requirements for a declaratory statement.