Florida Statutes
Fla. Stat. § 364.01 (2025)
Powers of commission, legislative intent.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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364.01 Powers of commission, legislative intent.—
(1) The Florida Public Service Commission shall exercise over and in relation to telecommunications companies the powers conferred by this chapter.
(2) It is the legislative intent to give exclusive jurisdiction in all matters set forth in this chapter to the Florida Public Service Commission in regulating telecommunications companies, and such preemption shall supersede any local or special act or municipal charter where any conflict of authority may exist. However, this chapter does not affect the authority and powers granted in 1s. 166.231(9) or s. 337.401.
(3) Communications activities that are not regulated by the Florida Public Service Commission are subject to this state’s generally applicable business regulation and deceptive trade practices and consumer protection laws, as enforced by the appropriate state authority or through actions in the judicial system. This chapter does not limit the availability to any party of any remedy or defense under state or federal antitrust laws. The Legislature finds that the competitive provision of telecommunications services, including local exchange telecommunications service, is in the public interest and has provided customers with freedom of choice, encouraged the introduction of new telecommunications service, encouraged technological innovation, and encouraged investment in telecommunications infrastructure.
History.—ss. 1-4, ch. 6186, 1911; ss. 1-6, ch. 6187, 1911; s. 1, ch. 6525, 1913; RGS 4393; CGL 6357; s. 1, ch. 63-279; s. 1, ch. 65-52; s. 1, ch. 67-541; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 32, ch. 80-36; s. 2, ch. 81-318; s. 25, ch. 83-218; ss. 6, 7, ch. 89-163; ss. 1, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 5, ch. 95-403; s. 2, ch. 2003-32; s. 10, ch. 2005-132; s. 2, ch. 2011-36.
Notes of Decisions
Cited in 31
cases, 1963–2007 · leading case: GTC, INC. v. Edgar, 967 So. 2d 781 (Fla. 2007).
GTC, INC. v. Edgar, 967 So. 2d 781 (Fla. 2007). “As we explained in GTC, other provisions in chapter 364 support the conclusion that the Legislature intended for the PSC to retain certain powers with respect to ILECs: For example, section 364.01 still gives the Commission broad regulatory powers with regard to the…”
Fla. Dept. of Rev. v. City of Gainesville, 918 So. 2d 250 (Fla. 2005). “") We conclude that in a situation in which municipal telecommunications services do not promote any of the goals set forth above from section 364.01, Florida Statutes, for the benefit of the municipal population, property used to provide those services does not serve "municipal…”
Crist v. Jaber, 908 So. 2d 426 (Fla. 2005). “BENEFIT We also conclude that the Commission acted within the bounds of its authority and discretion in construing the term "benefit," which is not specifically defined in chapter 364, Florida Statutes (2003), but is referred to in the legislation's policy language and…”
Level 3 Commc'ns, LLC v. Jacobs, 841 So. 2d 447 (Fla. 2003). “See § 364.01, Fla. Stat. (2001); Florida Interexchange Carriers Ass'n v.”
Sprint-Florida, Inc. v. Jaber, 885 So. 2d 286 (Fla. 2004). “The exclusive jurisdiction in section 364.01 to regulate telecommunications gives the Commission the authority to determine local routes.”
S. Bell Tel. & Tel. Co. v. Deason, 632 So. 2d 1377 (Fla. 1994). “§§ 364.01 and 364.183, Fla. Stat. (1991).”
City of Gainesville v. Crapo, 953 So. 2d 557 (Fla. 1st DCA 2007). “The court further pointed out that although the Legislature's reason for opening telecommunications services to competition by various entities, including municipalities, was to promote the goals set forth in section 364.01(3), Florida Statutes, [3] municipalities can enter a…”
Phantom of Clearwater v. Pinellas Cnty., 894 So. 2d 1011 (Fla. 2d DCA 2005). “See § 364.01, Fla. Stat. (2003); Gulf Power Co.”
Florida Interexchange Carriers v. Beard, 624 So. 2d 248 (Fla. 1993). “We find, however, that section 364.01, Florida Statutes (1991), gives the Commission exclusive jurisdiction to regulate telecommunications.”
BellSouth Telecomm., Inc. v. City of Coral Springs, 42 F. Supp. 2d 1304 (S.D. Fla. 1999). “Fla. Stat. § 364.01 . This exclusive jurisdiction of the PSC preempts local control over telecommunication companies, except for the regulation of use of rights-of-way and collection of a reasonable fee for the use thereof.”
Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007). “1st DCA 1994) (finding express preemption based on the following language of section 364.01(2), Florida Statutes (1989): "It is the legislative intent to give exclusive jurisdiction in all matters set forth in this chapter to the Florida Public Service Commission.”
Orange Cnty. v. Bellsouth Telecomm., Inc., 812 So. 2d 475 (Fla. 5th DCA 2002). “See § 364.01, Fla. Stat. (1999). The PSC sets BellSouth’s rates for certain services and is authorized to limit its earnings to a “reasonable rate of return.”
— 364.01(2) — 14 cases
GTC, INC. v. Edgar, 967 So. 2d 781 (Fla. 2007). “As we explained in GTC, other provisions in chapter 364 support the conclusion that the Legislature intended for the PSC to retain certain powers with respect to ILECs: For example, section 364.01 still gives the Commission broad regulatory powers with regard to the…”
Browning v. Sarasota All., 968 So. 2d 637 (Fla. 2d DCA 2007). “1st DCA 1994) (finding express preemption based on the following language of section 364.01(2), Florida Statutes (1989): "It is the legislative intent to give exclusive jurisdiction in all matters set forth in this chapter to the Florida Public Service Commission.”
Santa Rosa Cnty. v. Gulf Power Co., 635 So. 2d 96 (Fla. 1st DCA 1994).
S. Bell T. & T. Co. v. Mobile Am. Corp., Inc., 291 So. 2d 199 (Fla. 1974).
Florida Interexchange Carriers v. Beard, 624 So. 2d 248 (Fla. 1993). “We find, however, that section 364.01, Florida Statutes (1991), gives the Commission exclusive jurisdiction to regulate telecommunications.”
— 364.01(3) — 6 cases
Fla. Dept. of Rev. v. City of Gainesville, 918 So. 2d 250 (Fla. 2005). “") We conclude that in a situation in which municipal telecommunications services do not promote any of the goals set forth above from section 364.01, Florida Statutes, for the benefit of the municipal population, property used to provide those services does not serve "municipal…”
City of Gainesville v. Crapo, 953 So. 2d 557 (Fla. 1st DCA 2007). “The court further pointed out that although the Legislature's reason for opening telecommunications services to competition by various entities, including municipalities, was to promote the goals set forth in section 364.01(3), Florida Statutes, [3] municipalities can enter a…”
S. Bell Tel. & Tel. Co. v. Deason, 632 So. 2d 1377 (Fla. 1994). “§§ 364.01 and 364.183, Fla. Stat. (1991).”
Fl. Interexchange Carriers v. Clark, 678 So. 2d 1267 (Fla. 1996).
Crist v. Jaber, 908 So. 2d 426 (Fla. 2005). “BENEFIT We also conclude that the Commission acted within the bounds of its authority and discretion in construing the term "benefit," which is not specifically defined in chapter 364, Florida Statutes (2003), but is referred to in the legislation's policy language and…”
— 364.01(3)(a) — 3 cases
Florida Cable Television Ass'n v. Deason, 635 So. 2d 14 (Fla. 1994).
Florida Interexchange Carriers v. Beard, 624 So. 2d 248 (Fla. 1993). “We find, however, that section 364.01, Florida Statutes (1991), gives the Commission exclusive jurisdiction to regulate telecommunications.”
Teleco Commc'ns Co. v. Clark, 695 So. 2d 304 (Fla. 1997).
— 364.01(3)(b) — 1 case
Florida Interexchange Carriers v. Beard, 624 So. 2d 248 (Fla. 1993). “We find, however, that section 364.01, Florida Statutes (1991), gives the Commission exclusive jurisdiction to regulate telecommunications.”
— 364.01(4) — 5 cases
Level 3 Commc'ns, LLC v. Jacobs, 841 So. 2d 447 (Fla. 2003). “See § 364.01, Fla. Stat. (2001); Florida Interexchange Carriers Ass'n v.”
Sprint-Florida, Inc. v. Jaber, 885 So. 2d 286 (Fla. 2004). “The exclusive jurisdiction in section 364.01 to regulate telecommunications gives the Commission the authority to determine local routes.”
Fl. Interexchange Carriers v. Clark, 678 So. 2d 1267 (Fla. 1996).
Florida Pub. Telecomm. Ass'n, Inc. v. City Of Miami Beach, 321 F.3d 1046 (11th Cir. 2003).
Florida Pub. Telecomm. Ass'n v. City of Miami Beach, 321 F.3d 1046 (11th Cir. 2003).
— 364.01(4)(a) — 4 cases
GTC, INC. v. Edgar, 967 So. 2d 781 (Fla. 2007). “As we explained in GTC, other provisions in chapter 364 support the conclusion that the Legislature intended for the PSC to retain certain powers with respect to ILECs: For example, section 364.01 still gives the Commission broad regulatory powers with regard to the…”
Crist v. Jaber, 908 So. 2d 426 (Fla. 2005). “BENEFIT We also conclude that the Commission acted within the bounds of its authority and discretion in construing the term "benefit," which is not specifically defined in chapter 364, Florida Statutes (2003), but is referred to in the legislation's policy language and…”
Verizon Florida, Inc. v. Jaber, 889 So. 2d 712 (Fla. 2004).
GTC, INC. v. Garcia, 791 So. 2d 452 (Fla. 2000).
— 364.01(4)(b) — 1 case
Sprint-Florida, Inc. v. Jaber, 885 So. 2d 286 (Fla. 2004). “The exclusive jurisdiction in section 364.01 to regulate telecommunications gives the Commission the authority to determine local routes.”
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