Legal Opinion
Smalley v. Duke Energy Florida, Inc.
District Court of Appeal of Florida
Decided December 31, 2014No. 2D13-4746PublishedCited by 2 opinions
1Opinion of the Court
KELLY, Judge.
The appellants, customers of Duke Energy Florida, Inc., and Florida Power & Light Company (the Utilities), brought suit against the Utilities challenging the constitutionality of sections 366.93 and 403.519, Florida Statutes (2012), and seeking a refund of monies paid under the statutes. They appeal from the trial court’s order dismissing the action with prejudice. We affirm.
In 2006, the Legislature enacted section 366.93, Florida Statutes, and amended section 403.519, Florida Statutes, 1 with the stated purpose of encouraging utility companies to invest in new nuclear power…
2Cases cited7 opinions
- United States v. SalernoSupreme Court of the United States · 1987
- Washington State Grange v. Washington State Republican PartySupreme Court of the United States · 2008
- United States v. Carolene Products Co.Supreme Court of the United States · 1938
- Fla. Dept. of Rev. v. City of GainesvilleSupreme Court of Florida · 2005
- State v. BalesSupreme Court of Florida · 1977
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3Cited by2 opinions
- William B. Newton v. Duke Energy Florida, LLCCourt of Appeals for the Eleventh Circuit · 2018
- Carl Reginald Dunlap v. State of FloridaDistrict Court of Appeal of Florida · 2026