Florida Statutes
Fla. Stat. § 364.02 (2025)
Definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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;
(c) A commercial mobile radio service provider;
(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.
Notes of Decisions
Cited in 11
cases, 1970–2005 · leading case: Fla. Dept. of Rev. v. City of Gainesville, 918 So. 2d 250 (Fla. 2005).
Fla. Dept. of Rev. v. City of Gainesville, 918 So. 2d 250 (Fla. 2005). “See § 364.02(12), Fla. Stat. (1995) (defining "telecommunications company" to include "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").”
Level 3 Commc'ns, LLC v. Jacobs, 841 So. 2d 447 (Fla. 2003). “See § 364.02(1), Fla. Stat. (2001). The federal Telecommunications Act of 1996 required incumbent local exchange carriers (ILECs) to allow ALECs to interconnect their networks with the networks of the new ALECs who sought entry into a particular market.”
BellSouth Telecomm., Inc. v. Jacobs, 834 So. 2d 855 (Fla. 2002). “§ 364.02, Fla. Stat. (2001). As is evident from these definitions, the Legislature drafted this statute in a fashion that makes the "nonbasic service" definition residual, and the statement of meaning of the term "service" extraordinarily sweeping.”
Int'l Tel. & Tel. Corp. v. United Tel. Co., 60 F.R.D. 177 (M.D. Fla. 1973). “§ 364.02. While it appears to the Court that the phrase, “to the public” would have a closely similar if not *184 identical meaning within the context of the two statutes, the ultimate question of whether the service to be offered at the Shell Point Village was service “to the…”
Fl. Interexchange Carriers v. Clark, 678 So. 2d 1267 (Fla. 1996). “" § 364.02(2), Fla. Stat. (1995). "[A]ny telecommunications service provided by a local exchange telecommunications company other than a basic local telecommunications service" is defined as "nonbasic service.”
Dept. of Rev. v. City of Gainesville, 859 So. 2d 595 (Fla. 1st DCA 2003). “See § 364.02(13), Fla. Stat. [5] In addition, as recognized by the trial court, there is a long history in Florida and elsewhere in this country of local governments providing utility services.”
Ram Broad. of Michigan, Inc v. Michigan Pub. Serv. Comm'n, 317 N.W.2d 295 (Mich. Ct. App. 1982). “Fla Stat Ann § 364.02(5) (West). Although noting that a literal reading of the statute might include RCCs, the court found that the Legislature did not intend to regulate RCCs.”
BellSouth Telecomm., Inc. v. Town of Palm Beach, 127 F. Supp. 2d 1348 (S.D. Fla. 1999). “Florida Statutes § 364.02(2). At the same time, the Town attempts to distinguish the instant ordinance from the one at issue in the Coral Springs case by noting that the fee to be imposed is not specified in the Town’s ordinance.”
Teleco Commc'ns Co. v. Clark, 695 So. 2d 304 (Fla. 1997). “The PSC determined that Teleeo was a “telecommunications company” within the meaning of section 364.02(7), Florida Statutes (1993).”
Davis v. S. Bell Tel. & Tel. Co., 755 F. Supp. 1532 (S.D. Fla. 1991). “” Fla.Stat. § 364.02(3). Section 364.03(1) provides that “the facilities, in-strumentalities, and equipment furnished by [Southern Bell] shall be safe and kept in good condition and repair and its appliances, instrumentalities, and service shall be modern, adequate, sufficient,…”
Microcom, Inc. v. Mayo, 242 So. 2d 129 (Fla. 1970). “1965), that a radio communications service was not a telephone company as contemplated in regulatory statute Fla.Stat. § 364.02 (1965), F.S.A., and that accordingly the Commission was without authority to regulate radio communications service under that statute.”
— 364.02(1) — 1 case
Level 3 Commc'ns, LLC v. Jacobs, 841 So. 2d 447 (Fla. 2003). “See § 364.02(1), Fla. Stat. (2001). The federal Telecommunications Act of 1996 required incumbent local exchange carriers (ILECs) to allow ALECs to interconnect their networks with the networks of the new ALECs who sought entry into a particular market.”
— 364.02(11) — 1 case
BellSouth Telecomm., Inc. v. Jacobs, 834 So. 2d 855 (Fla. 2002). “§ 364.02, Fla. Stat. (2001). As is evident from these definitions, the Legislature drafted this statute in a fashion that makes the "nonbasic service" definition residual, and the statement of meaning of the term "service" extraordinarily sweeping.”
— 364.02(12) — 2 cases
Fla. Dept. of Rev. v. City of Gainesville, 918 So. 2d 250 (Fla. 2005). “See § 364.02(12), Fla. Stat. (1995) (defining "telecommunications company" to include "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").”
BellSouth Telecomm., Inc. v. Jacobs, 834 So. 2d 855 (Fla. 2002). “§ 364.02, Fla. Stat. (2001). As is evident from these definitions, the Legislature drafted this statute in a fashion that makes the "nonbasic service" definition residual, and the statement of meaning of the term "service" extraordinarily sweeping.”
— 364.02(12)(a) — 1 case
Level 3 Commc'ns, LLC v. Jacobs, 841 So. 2d 447 (Fla. 2003). “See § 364.02(1), Fla. Stat. (2001). The federal Telecommunications Act of 1996 required incumbent local exchange carriers (ILECs) to allow ALECs to interconnect their networks with the networks of the new ALECs who sought entry into a particular market.”
— 364.02(13) — 3 cases
Fla. Dept. of Rev. v. City of Gainesville, 918 So. 2d 250 (Fla. 2005). “See § 364.02(12), Fla. Stat. (1995) (defining "telecommunications company" to include "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").”
Level 3 Commc'ns, LLC v. Jacobs, 841 So. 2d 447 (Fla. 2003). “See § 364.02(1), Fla. Stat. (2001). The federal Telecommunications Act of 1996 required incumbent local exchange carriers (ILECs) to allow ALECs to interconnect their networks with the networks of the new ALECs who sought entry into a particular market.”
Dept. of Rev. v. City of Gainesville, 859 So. 2d 595 (Fla. 1st DCA 2003). “See § 364.02(13), Fla. Stat. [5] In addition, as recognized by the trial court, there is a long history in Florida and elsewhere in this country of local governments providing utility services.”
— 364.02(2) — 2 cases
Fl. Interexchange Carriers v. Clark, 678 So. 2d 1267 (Fla. 1996). “" § 364.02(2), Fla. Stat. (1995). "[A]ny telecommunications service provided by a local exchange telecommunications company other than a basic local telecommunications service" is defined as "nonbasic service.”
BellSouth Telecomm., Inc. v. Town of Palm Beach, 127 F. Supp. 2d 1348 (S.D. Fla. 1999). “Florida Statutes § 364.02(2). At the same time, the Town attempts to distinguish the instant ordinance from the one at issue in the Coral Springs case by noting that the fee to be imposed is not specified in the Town’s ordinance.”
— 364.02(3) — 1 case
Davis v. S. Bell Tel. & Tel. Co., 755 F. Supp. 1532 (S.D. Fla. 1991). “” Fla.Stat. § 364.02(3). Section 364.03(1) provides that “the facilities, in-strumentalities, and equipment furnished by [Southern Bell] shall be safe and kept in good condition and repair and its appliances, instrumentalities, and service shall be modern, adequate, sufficient,…”
— 364.02(5) — 2 cases
Int'l Tel. & Tel. Corp. v. United Tel. Co., 60 F.R.D. 177 (M.D. Fla. 1973). “§ 364.02. While it appears to the Court that the phrase, “to the public” would have a closely similar if not *184 identical meaning within the context of the two statutes, the ultimate question of whether the service to be offered at the Shell Point Village was service “to the…”
Ram Broad. of Michigan, Inc v. Michigan Pub. Serv. Comm'n, 317 N.W.2d 295 (Mich. Ct. App. 1982). “Fla Stat Ann § 364.02(5) (West). Although noting that a literal reading of the statute might include RCCs, the court found that the Legislature did not intend to regulate RCCs.”
— 364.02(6) — 2 cases
Level 3 Commc'ns, LLC v. Jacobs, 841 So. 2d 447 (Fla. 2003). “See § 364.02(1), Fla. Stat. (2001). The federal Telecommunications Act of 1996 required incumbent local exchange carriers (ILECs) to allow ALECs to interconnect their networks with the networks of the new ALECs who sought entry into a particular market.”
BellSouth Telecomm., Inc. v. Jacobs, 834 So. 2d 855 (Fla. 2002). “§ 364.02, Fla. Stat. (2001). As is evident from these definitions, the Legislature drafted this statute in a fashion that makes the "nonbasic service" definition residual, and the statement of meaning of the term "service" extraordinarily sweeping.”
— 364.02(7) — 1 case
Teleco Commc'ns Co. v. Clark, 695 So. 2d 304 (Fla. 1997). “The PSC determined that Teleeo was a “telecommunications company” within the meaning of section 364.02(7), Florida Statutes (1993).”
— 364.02(8) — 1 case
Fl. Interexchange Carriers v. Clark, 678 So. 2d 1267 (Fla. 1996). “" § 364.02(2), Fla. Stat. (1995). "[A]ny telecommunications service provided by a local exchange telecommunications company other than a basic local telecommunications service" is defined as "nonbasic service.”
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