Florida Statute 364.02 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 364
COMMUNICATIONS SERVICES

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F.S. 364.02

364.02 Definitions.—As used in this chapter, the term:

(1) “Basic local telecommunications service” means voice-grade, single-line, flat-rate residential local exchange service that provides dial tone, local usage necessary to place unlimited calls within a local exchange area, dual tone multifrequency dialing, and access to the following: emergency services such as “911,” all locally available interexchange companies, directory assistance, operator services, and relay services. For a local exchange telecommunications company, the term includes any extended area service routes, and extended calling service in existence or ordered by the commission on or before July 1, 1995.

(2) “Broadband service” means any service that consists of or includes the offering of the capability to transmit or receive information at a rate that is not less than 200 kilobits per second and either:

(a) Is used to provide access to the Internet; or

(b) Provides computer processing, information storage, information content, or protocol conversion in combination with the service.

The definition of broadband service does not include any intrastate telecommunications services that have been tariffed with the commission on or before January 1, 2005.

(3) “Commercial mobile radio service provider” means a commercial mobile radio service provider as defined by and pursuant to 47 U.S.C. ss. 153(27) and 332(d).

(4) “Commission” means the Florida Public Service Commission.

(5) “Competitive local exchange telecommunications company” means any company certificated by the commission to provide local exchange telecommunications services in this state on or after July 1, 1995.

(6) “Corporation” includes a corporation, company, association, or joint stock association.

(7) “Intrastate interexchange telecommunications company” means any entity that provides intrastate interexchange telecommunications services.

(8) “Local exchange telecommunications company” means any company certificated by the commission to provide local exchange telecommunications service in this state on or before June 30, 1995.

(9) “Nonbasic service” means any telecommunications service provided by a local exchange telecommunications company other than a basic local telecommunications service, local interconnection, resale, or unbundling pursuant to s. 364.16, or a network access service described in s. 364.163. Any combination of basic service along with a nonbasic service or an unregulated service is nonbasic service.

(10) “Operator service” includes, but is not limited to, billing or completion of third-party, person-to-person, collect, or calling card or credit card calls through the use of a live operator or automated equipment.

(11) “Operator service provider” means a person who furnishes operator service through a call aggregator.

(12) “Service” is to be construed in its broadest and most inclusive sense. The term “service” does not include broadband service or voice-over-Internet protocol service for purposes of regulation by the commission. Nothing herein shall affect the rights and obligations of any entity related to the payment of switched network access rates or other intercarrier compensation, if any, related to voice-over-Internet protocol service. Notwithstanding s. 364.013, and the exemption of services pursuant to this subsection, the commission may arbitrate, enforce, or approve interconnection agreements, and resolve disputes as provided by 47 U.S.C. ss. 251 and 252, or any other applicable federal law or regulation. With respect to the services exempted in this subsection, regardless of the technology, the duties of a local exchange telecommunications company are only those that the company is obligated to extend or provide under applicable federal law and regulations.

(13) “Telecommunications company” includes every corporation, partnership, and person and their lessees, trustees, or receivers appointed by any court whatsoever, and every political subdivision in the state, offering two-way telecommunications service to the public for hire within this state by the use of a telecommunications facility. The term “telecommunications company” does not include:

(a) An entity that provides a telecommunications facility exclusively to a certificated telecommunications company;

(b) An entity that provides a telecommunications facility exclusively to a company which is excluded from the definition of a telecommunications company under this subsection;

(d) A facsimile transmission service;

(e) A private computer data network company not offering service to the public for hire;

(f) A cable television company providing cable service as defined in 47 U.S.C. s. 522;

(g) An intrastate interexchange telecommunications company;

(h) An operator services provider; or

(i) An airport that provides communications services within the confines of its airport layout plan.

However, each commercial mobile radio service provider and each intrastate interexchange telecommunications company shall continue to be liable for any taxes imposed under chapters 202, 203, and 212. Each intrastate interexchange telecommunications company shall continue to be subject to s. 364.163 and shall continue to pay intrastate switched network access rates or other intercarrier compensation to the local exchange telecommunications company or the competitive local exchange telecommunications company for the origination and termination of interexchange telecommunications service.

(14) “Telecommunications facility” includes real estate, easements, apparatus, property, and routes used and operated to provide two-way telecommunications service to the public for hire within this state.

(15) “VoIP” means any service that:

(a) Enables real-time, two-way voice communications that originate from or terminate to the user’s location in Internet Protocol or any successor protocol;

(b) Uses a broadband connection from the user’s location; and

(c) Permits users generally to receive calls that originate on the public switched telephone network and to terminate calls to the public switched telephone network.

History.—s. 2, ch. 6525, 1913; RGS 4394; CGL 6358; s. 1, ch. 63-279; s. 1, ch. 65-52; s. 1, ch. 65-451; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 32, ch. 80-36; s. 2, ch. 81-318; s. 1, ch. 84-215; ss. 6, 7, ch. 89-163; ss. 2, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 6, ch. 95-403; s. 12, ch. 98-277; s. 3, ch. 2003-32; s. 14, ch. 2005-132; s. 2, ch. 2005-171; s. 73, ch. 2008-4; s. 4, ch. 2009-226; s. 6, ch. 2011-36; s. 29, ch. 2011-64.

F.S. 364.02 on Google Scholar

F.S. 364.02 on Casetext

Amendments to 364.02

Arrestable Offenses / Crimes under Fla. Stat. 364.02

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 364.02.

Annotations, Discussions, Cases:

Cases Citing Statute 364.02

Total Results: 14

GE REAL ESTATE SERVICES, INC., etc. v. MANDICH REAL ESTATE ADVISORS, INC.

Court: District Court of Appeal of Florida | Date Filed: 2021-12-29

Snippet: (Fla. 2d DCA 1992) (citing In re Estate of Donner, 364 2 Real estate salesmen are prohibited from operating

In Re: Amendments to Florida Family Law Rules of Procedure

Court: Supreme Court of Florida | Date Filed: 2017-03-16

Citation: 214 So. 3d 400, 42 Fla. L. Weekly Supp. 319, 2017 WL 1031456, 2017 Fla. LEXIS 598

Snippet: Social investigations are governed by rule 12.364. (2) An examination under this rule is authorized

Fla. Dept. of Rev. v. City of Gainesville

Court: Supreme Court of Florida | Date Filed: 2005-12-08

Citation: 918 So. 2d 250, 2005 WL 3310297

Snippet: telecommunications services to the public. See § 364.02(12), Fla. Stat. (1995) (defining "telecommunications

Dept. of Rev. v. City of Gainesville

Court: District Court of Appeal of Florida | Date Filed: 2003-11-26

Citation: 859 So. 2d 595, 2003 WL 22797842

Snippet: a telecommunications facility, as defined in s. 364.02(13), and for which a certificate is required under

Level 3 Communications, LLC v. Jacobs

Court: Supreme Court of Florida | Date Filed: 2003-03-06

Citation: 841 So. 2d 447, 28 Fla. L. Weekly Supp. 191, 2003 Fla. LEXIS 272, 2003 WL 747419

Snippet: revenue from the lease of those facilities. Section 364.02(13), Florida Statutes, provides that a telecommunications

BellSouth Telecommunications, Inc. v. Jacobs

Court: Supreme Court of Florida | Date Filed: 2002-10-31

Citation: 834 So. 2d 855, 27 Fla. L. Weekly Supp. 921, 2002 Fla. LEXIS 2268, 2002 WL 31426296

Snippet: service in this state on or before June 30, 1995," § 364.02(6), Fla. Stat. (2001), is subject to the regulatory

Teleco Communications Co. v. Clark

Court: Supreme Court of Florida | Date Filed: 1997-05-22

Citation: 695 So. 2d 304, 22 Fla. L. Weekly Supp. 283, 1997 Fla. LEXIS 685

Snippet: “telecommunications company” within the meaning of section 364.02(7), Florida Statutes (1993). As such, it was required

Ago

Court: Florida Attorney General Reports | Date Filed: 1997-01-17

Snippet: would apply. Question One Pursuant to section 364.02(12), Florida Statutes, a "[t]elecommunications

FL. INTEREXCHANGE CARRIERS v. Clark

Court: Supreme Court of Florida | Date Filed: 1996-08-22

Citation: 678 So. 2d 1267, 1996 WL 473317

Snippet: of "basic local telecommunications service." § 364.02(2), Fla. Stat. (1995). "[A]ny telecommunications

Ago

Court: Florida Attorney General Reports | Date Filed: 1996-05-02

Snippet: provision of telecommunications services. 2 Section 364.02(12), Fla. Stat. (1995). 3 See, Ch. 95-403, Laws

Microcom, Inc. v. Mayo

Court: Supreme Court of Florida | Date Filed: 1970-12-16

Citation: 242 So. 2d 129, 1970 Fla. LEXIS 2244

Snippet: contemplated in regulatory statute Fla.Stat. § 364.02 (1965), F.S.A., and that accordingly the Commission

Benson v. Atwood

Court: District Court of Appeal of Florida | Date Filed: 1965-07-20

Citation: 177 So. 2d 380

Snippet: Phillips v. Sanchez, 35 Fla. 187, 17 So. 363, 364. [2] Florida National Bank at Orlando v. Bolena (Fla

Radio Telephone Commun., Inc. v. Southeastern Tel. Co.

Court: Supreme Court of Florida | Date Filed: 1965-01-20

Citation: 170 So. 2d 577

Snippet: that, if we give to the words of the statute, Sec. 364.02, their literal meaning, it could conceivably be

Alabama Operating Co. v. City of Winter Park

Court: Supreme Court of Florida | Date Filed: 1953-12-08

Citation: 68 So. 2d 601, 1953 Fla. LEXIS 1787

Snippet: only”. The word “service” is defined in Section 364.02 F.S., F.S.A., as follows: “The term ‘service,’