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Florida Statute 76.31 | Lawyer Caselaw & Research
F.S. 76.31 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 76.31

The 2023 Florida Statutes (including Special Session C)

Title VI
CIVIL PRACTICE AND PROCEDURE
Chapter 76
ATTACHMENT
View Entire Chapter
F.S. 76.31
76.31 Judgments.If a default is entered for plaintiff and defendant has retaken the property on a forthcoming bond, final judgment shall be entered at the same time against defendant and the surety on the bond for the amount of the judgment against defendant if it is less than the value of the property as fixed by the officer, or for the value of the property so fixed if the value is less than the judgment against defendant. If defendant has retaken the property on a bond to pay the debt, the judgment shall also be entered against the surety for the amount of the judgment against defendant. When judgment is entered against defendant after trial, it shall be entered against the surety as above provided except that the value of the property retaken by defendant shall be found by the court or jury, as the case may be, and stated in the finding or verdict.
History.RS 1664; GS 2128; RGS 3429; CGL 5282; s. 26, ch. 67-254.

F.S. 76.31 on Google Scholar

F.S. 76.31 on Casetext

Amendments to 76.31


Arrestable Offenses / Crimes under Fla. Stat. 76.31
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 76.31.



Annotations, Discussions, Cases:

Cases from cite.case.law:

JAMES CABLE PARTNERS, L. P. a v. CITY OF JAMESTOWN, TENNESSEE, C., 822 F. Supp. 476 (M.D. Tenn. 1993)

. . . In 1972, the FCC promulgated.a regulation that limited cable franchises to fifteen years. 47 CFR § 76.31 . . . sub judice is for twenty-five years, the fifteen-year franchise term limitation set forth in former § 76.31 . . . James Cable’s franchise was granted after the Commission stayed its fifteen-year term regulation, § 76.31 . . . that new or existing uncertified cable systems must obtain franchises conforming to the standards of § 76.31 . . .

D M WATCH CORP. v. UNITED STATES,, 795 F. Supp. 1160 (Ct. Int'l Trade 1992)

. . . . § 1-76.31, which states: Subpart D — Procedure Following • Court Decision § 176.31 Reliquidation following . . .

GLOBE AERO LTD. INC. v. AIR GENERAL FINANCE LTD., 537 So. 2d 628 (Fla. Dist. Ct. App. 1988)

. . . The trial judge’s action properly conformed to the dictates of section 76.31, Florida Statutes (1987) . . .

AMERICAN CIVIL LIBERTIES UNION, v. FEDERAL COMMUNICATIONS COMMISSION CABLE TELEVISION ACCESS COALITION, INC. v. FEDERAL COMMUNICATIONS COMMISSION NATIONAL LEAGUE OF CITIES, v. FEDERAL COMMUNICATIONS COMMISSION NATIONAL FEDERATION OF LOCAL CABLE PROGRAMMERS, v. FEDERAL COMMUNICATIONS COMMISSION CITY OF NEW YORK, v. FEDERAL COMMUNICATIONS COMMISSION GUAM CABLE TV, v. FEDERAL COMMUNICATIONS COMMISSION COUNTY OF CONTRA COSTA, CALIFORNIA, v. FEDERAL COMMUNICATIONS COMMISSION YAKIMA VALLEY CABLEVISION, INC. v. FEDERAL COMMUNICATIONS COMMISSION VA, CONNECTICUT CABLE TELEVISION ASSOCIATION, INC. v. FEDERAL COMMUNICATIONS COMMISSION, 823 F.2d 1554 (D.C. Cir. 1987)

. . . . § 76.31 (1983) (now deleted). . . . The first was whether to retain its rule, 47 C.F.R. § 76.31 (1983), setting a cap on the level of franchise . . .

AMERICAN CIVIL LIBERTIES UNION, v. FEDERAL COMMUNICATIONS COMMISSION CABLE TELEVISION ACCESS COALITION, INC. v. FEDERAL COMMUNICATIONS COMMISSION NATIONAL LEAGUE OF CITIES, v. FEDERAL COMMUNICATIONS COMMISSION NATIONAL FEDERATION OF LOCAL CABLE PROGRAMMERS, v. FEDERAL COMMUNICATIONS COMMISSION CITY OF NEW YORK, v. FEDERAL COMMUNICATIONS COMMISSION GUAM CABLE TV, v. FEDERAL COMMUNICATIONS COMMISSION COUNTY OF CONTRA COSTA, CALIFORNIA, v. FEDERAL COMMUNICATIONS COMMISSION YAKIMA VALLEY CABLEVISION, INC. v. FEDERAL COMMUNICATIONS COMMISSION VA, CONNECTICUT CABLE TELEVISION ASSOCIATION, INC. v. FEDERAL COMMUNICATIONS COMMISSION, 262 U.S. App. D.C. 244 (D.C. Cir. 1987)

. . . . § 76.31 (1983) (now deleted). . . . The first was whether to retain its rule, 47 C.F.R. § 76.31 (1983), setting a cap on the level of franchise . . .

ERIE TELECOMMUNICATIONS, INC. a v. CITY OF ERIE, a, 659 F. Supp. 580 (W.D. Pa. 1987)

. . . . § 76.31. . . . ETI’s attack focuses on whether the franchise agreement complied with 47 C.F.R. § 76.31 (1980) and continues . . . Section 76.31 of the FCC’s Rules, as it read at the outset of Erie’s franchising process and continued . . . television, and (b) that it is appropriate in light of the planned local regulatory program. 47 C.F.R. § 76.31 . . .

YAKIMA VALLEY CABLEVISION, INC. v. FEDERAL COMMUNICATIONS COMMISSION CONNECTICUT CABLE TELEVISION ASSOCIATION, INC. v. FEDERAL COMMUNICATIONS COMMISSION, 794 F.2d 737 (D.C. Cir. 1986)

. . . delineation of the franchise fee limit supercedes [sic] Commission regulatory policy as enunciated in Section 76.31 . . . Accordingly, we are deleting § 76.31 of the rules, entitled “Franchise Standards.” . . . , including the issue of retroactivity, will be subject to judicial scrutiny in ACLU. . 47 C.F.R. § 76.31 . . . 463 U.S. 29, 103 S.Ct. 2856, 77 L.Ed.2d 443 (1983). . 47 U.S.C. §§ 151 et seq. (1982). . 47 C.F.R. § 76.31 . . . See 47 C.F.R. § 76.31(b) (1976). . . . .

CARNEY, v. MARATHON OIL COMPANY, 632 F. Supp. 1037 (W.D. La. 1986)

. . . Larson, Workmen’s Compensation Law § 76.31 (1974) (emphasis added). . . .

CARLSON, v. VILLAGE OF UNION CITY, MICHIGAN,, 601 F. Supp. 801 (W.D. Mich. 1985)

. . . . § 76.31 & note following (1983), established a timetable for construction of the system. . . .

NEW YORK STATE COMMISSION ON CABLE TELEVISION, v. FEDERAL COMMUNICATIONS COMMISSION WWHT, 749 F.2d 804 (D.C. Cir. 1984)

. . . . § 76.31(a)(2) (1976), was repealed in 1978. . . .

COX CABLE NEW ORLEANS, INC. v. CITY OF NEW ORLEANS, CITY OF NEW ORLEANS, v. COX CABLE NEW ORLEANS, INC., 594 F. Supp. 1452 (E.D. La. 1984)

. . . At that time, it altered the word “changes” in rates in § 76.31(a)(4) to “increases” in rates. . . . to hone its rules on local regulation of regular subscriber rates by soliciting views on whether § 76.31 . . .

In LEMMONS COMPANY, INC. a k a Co. GRABER v. J. FOLZ, a k a Co., 742 F.2d 1064 (7th Cir. 1984)

. . . Check for $168.75 dated August 16, 1977; (e) Check for $228.94 dated September 12, 1977; (f) Check for $76.31 . . .

In LEMMONS COMPANY, INC. a k a Co. GRABER v. J. FOLZ, a k a Co., 742 F.2d 1064 (7th Cir. 1984)

. . . Check for $168.75 dated August 16, 1977; (e) Check for $228.94 dated September 12, 1977; (f) Check for $76.31 . . .

CITY OF POUGHKEEPSIE, NEW YORK C. v. POUGHKEEPSIE CABLEVISION, INC., 571 F. Supp. 1225 (S.D.N.Y. 1983)

. . . . § 76.31 (1982). . . . franchise term or 15 years after the date of the initial grant, whichever occurred first. 47 C.F.R. § 76.31 . . . are: “We emphasize that ... we are not requesting this Court to resolve the validity of [47 C.F.R. § 76.31 . . .

J. RYBICKI, v. STATE BOARD OF ELECTIONS OF STATE OF ILLINOIS, v. STATE BOARD OF ELECTIONS OF STATE OF ILLINOIS, CROSBY, v. STATE BOARD OF ELECTIONS OF STATE OF ILLINOIS,, 574 F. Supp. 1147 (N.D. Ill. 1983)

. . . District 15 (66.32% black), District 17 (71.93% black), District 18 (77.05% black), and District 19 (76.31% . . .

OMEGA SATELLITE PRODUCTS COMPANY, v. CITY OF INDIANAPOLIS,, 694 F.2d 119 (7th Cir. 1982)

. . . . § 76.31, but unfortunately the model does not contain suggested provisions for determining who should . . .

CITY OF PEORIA, v. GENERAL ELECTRIC CABLEVISION CORPORATION GECCO v. FEDERAL COMMUNICATIONS COMMISSION,, 690 F.2d 116 (7th Cir. 1982)

. . . . § 76.31, though with respect to existing franchises the rule (as amended in 1977) was not to take effect . . . GECCO also brought a separate proceeding before the FCC to waive the application of Rule 76.31 to the . . . yield, so it wants the district court to tell it whether Rule 76.31 is valid. . . . GECCO cannot simply put to the district court the abstract question whether Rule 76.31 is valid, for . . . Rule 76.31 was promulgated ten years ago. . . .

OMEGA SATELLITE PRODUCTS CO. v. CITY OF INDIANAPOLIS,, 536 F. Supp. 371 (S.D. Ind. 1982)

. . . . § 76.30 and § 76.31 (revised as of October 1, 1980), a copy of which is attached and incorporated herein . . . County indicates that it is fashioned after and incorporates the recommendations found in 47 C.F.R. § 76.31 . . . 307, 308, 309, 315, 317)) [ 42 FR 19346, Apr. 13, 1977, as amended at 43 FR 20235, May 11, 1978] § 76.31 . . .

THREE RIVERS CABLEVISION, INC. v. CITY OF PITTSBURGH, 502 F. Supp. 1118 (W.D. Pa. 1980)

. . . . § 76.31 (1976 ed.), the Commission would not look behind a franchise agreement that so recited, International . . .

KIRO, INCORPORATED, KIRO- TV, v. FEDERAL COMMUNICATIONS COMMISSION KIRO, INCORPORATED, KIRO- TV, v. UNITED STATES In KIRO, INC., 631 F.2d 900 (D.C. Cir. 1980)

. . . . § 76.31 (certificate of compliance from FCC required before cable system may commence or alter operations . . .

BROOKHAVEN CABLE TV, INC. v. F. KELLY, A. H. J., 573 F.2d 765 (2d Cir. 1978)

. . . cable programming is evident from a survey of FCC pronouncements in the area since 1974: In Section 76.31 . . .

MIDWEST VIDEO CORPORATION, v. FEDERAL COMMUNICATIONS COMMISSION AMERICAN CIVIL LIBERTIES UNION, v. FEDERAL COMMUNICATIONS COMMISSION, 571 F.2d 1025 (8th Cir. 1978)

. . . . § 76.31. It requires cable operators to submit forms and reports. 47 C.F.R. §§ 76.401-411. . . .

NEW YORK STATE COMMISSION ON CABLE TELEVISION, v. FEDERAL COMMUNICATIONS COMMISSION TV,, 571 F.2d 95 (2d Cir. 1978)

. . . our construction of a 1972 Federal Communications Commission (FCC) regulation (Regulation or Section 76.31 . . . be added tó the grandfathered municipal fees already in excess of the 5% maximum allowed by Section 76.31 . . . sought a declaratory ruling from the FCC that collection of the 2% state fee was consistent with Section 76.31 . . . Absent a grandfather clause, the limitations imposed by Section 76.31(b) might well have necessitated . . . end of a system’s current franchise period, or March 31, 1977, whichever occurs first. 47 C.F.R. § 76.31 . . . . § 76.31(b), quoted in footnote 2 to Judge Oakes’ opinion, as a matter of ordinary English speech. . . .

BROOKHAVEN CABLE TV INC. v. F. KELLY,, 428 F. Supp. 1216 (N.D.N.Y. 1977)

. . . . § 76.31 (1975). . See notes 13 to 15 and accompanying text, supra. . . . .

NATIONAL CABLE TELEVISION ASSOCIATION, INC. v. FEDERAL COMMUNICATIONS COMMISSION LAMB COMMUNICATIONS, INC. v. FEDERAL COMMUNICATIONS COMMISSION, 554 F.2d 1094 (D.C. Cir. 1976)

. . . . § 76.31 (1975). . . . .

KIRO, INCORPORATED, KIRO- TV, v. FEDERAL COMMUNICATIONS COMMISSION KIRO, INCORPORATED, KIRO- TV, v. UNITED STATES, 545 F.2d 204 (D.C. Cir. 1976)

. . . . § 76.31. . . .

TELEPROMPTER CABLE SYSTEMS, INC. v. FEDERAL COMMUNICATIONS COMMISSION, 543 F.2d 1379 (D.C. Cir. 1976)

. . . . § 76.31(a)(1) (1974) (emphasis added). . . . The due process requirement of Section 76.31 prevents this result by authorizing non-certification of . . . found no defect with the Johnstown proceeding which would make it fail to meet the standards of Section 76.31 . . . See 47 C.F.R. § 76.31(a)(1) (1974). . . . notion that the 1975 Johnstown hearing failed to conform with the due process requirement of Section 76.31 . . . . § 76.31(a)(1). . . .

COMMITTEE FOR OPEN MEDIA, v. FEDERAL COMMUNICATIONS COMMISSION, 533 F.2d 1 (D.C. Cir. 1976)

. . . conformed to access standards of section 76.251, as well as the general franchise requirements of section 76.31 . . . See also id. at § 76.31(a)(6), (b) (franchise standards), § 76.65 (carriage of television broadcast signals . . . 31(b), Focus must comply by March 31, 1977; furthermore, it could have sought a waiver under section 76.31 . . . each for public access, education and local government; and leasing of unused channels. . 47 C.F.R. § 76.31 . . .

PHILADELPHIA COMMUNITY CABLE COALITION No. v. FEDERAL COMMUNICATIONS COMMISSION, PHILADELPHIA COMMUNITY CABLE COALITION, No. v. FEDERAL COMMUNICATIONS COMMISSION,, 531 F.2d 1240 (3d Cir. 1976)

. . . . § 76.31, with which the local franchising authorities must comply. . . . This change was incorporated into the rules. 47 C.F.R. § 76.31(6). . . . primary thrust of petitioners’ attack is based on one of the Commission’s minimum standards, 47 C.F.R. § 76.31 . . . is now the franchisee and its qualifications have not been publicly examined as required by section 76.31 . . .

NATIONAL ASSOCIATION OF REGULATORY UTILITY COMMISSIONERS, v. FEDERAL COMMUNICATIONS COMMISSION, 533 F.2d 601 (D.C. Cir. 1976)

. . . . § 76.31 (1974). . . .

GULFSTREAM PARK RACING ASSOCIATION, INC. a v. BOARD OF BUSINESS REGULATION OF DEPARTMENT OF BUSINESS REGULATION, a a, 318 So. 2d 458 (Fla. Dist. Ct. App. 1975)

. . . Gulfstream handle Hialeah Combined handle handle Gulfstream Hialeah tax rev. tax rev. 1970-71 54.95 (S) 76.31 . . .

METRO CABLE CO. a v. CATV OF ROCKFORD, INC., 516 F.2d 220 (7th Cir. 1975)

. . . . § 76.31 (1973), were adopted almost six years after the city council granted a franchise to CATV and . . .

NATIONAL CABLE TELEVISION ASSN. INC. v. UNITED STATES, 415 U.S. 336 (U.S. 1974)

. . . local government authority a certificate containing prescribed recitations and provisions. 47 CFR § 76.31 . . . limit the franchise fees that may be imposed on CATV’s by the localities where they operate. 47 CFR § 76.31 . . .

GORDON, v. HOUSTON AIR CRAFT SALES, INC. a C. M. C., 218 So. 2d 206 (Fla. Dist. Ct. App. 1969)

. . . By § 76.31 Fla.Stat., F.S.A., the liability of the surety of a forthcoming bond is fixed by final judgment . . .

FLORIDA INSURANCE EXCHANGE, v. ADLER, 174 So. 2d 75 (Fla. Dist. Ct. App. 1965)

. . . For the same reasons the provisions of § 76.31, which permit judgment to be entered summarily against . . .

E. v., 2 T.C. 726 (T.C. 1943)

. . . On February 13, 1940, a notice of deficiency was mailed in which a deficiency of $76.31 was determined . . . taxes in controversy are income taxes for the calendar year 1936, that the deficiency determined is $76.31 . . .