Florida Statute 364.285 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 364
COMMUNICATIONS SERVICES

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F.S. 364.285

364.285 Penalties.—

(1) The commission shall have the power to impose upon any entity subject to its jurisdiction under this chapter which is found to have refused to comply with or to have willfully violated any lawful rule or order of the commission or any provision of this chapter a penalty for each offense of not more than $25,000, which penalty shall be fixed, imposed, and collected by the commission; or the commission may, for any such violation, amend, suspend, or revoke any certificate issued by it. Each day that such refusal or violation continues constitutes a separate offense. Each penalty shall be a lien upon the real and personal property of the entity, enforceable by the commission as a statutory lien under chapter 85. Collected penalties shall be deposited in the General Revenue Fund unallocated.

(2) The commission may, at its discretion, institute in any court of competent jurisdiction a proceeding for injunctive relief to compel compliance with this chapter or any commission rule or to compel the accounting and refund of any moneys collected in violation of this chapter or commission rule.

History.—ss. 4, 7, ch. 83-73; ss. 6, 7, ch. 89-163; ss. 28, 48, 49, ch. 90-244; s. 4, ch. 91-429.

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Amendments to 364.285

Arrestable Offenses / Crimes under Fla. Stat. 364.285

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

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 364.285.

Annotations, Discussions, Cases:

Cases Citing Statute 364.285

Total Results: 3

3B TV, INC. v. State, Office of Atty. Gen.

Court: District Court of Appeal of Florida | Date Filed: 2001-09-24

Citation: 794 So. 2d 744, 2001 WL 1110559

Snippet: occurs constitutes a separate offense."); section 364.285(1), Florida Statutes ("The commission shall have

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: although Teleco was subject to penalty under section 364.285, the PSC declined to impose a penalty in view of

Commercial Ventures, Inc. v. Beard

Court: Supreme Court of Florida | Date Filed: 1992-03-19

Citation: 595 So. 2d 47, 17 Fla. L. Weekly Supp. 179, 1992 Fla. LEXIS 540, 1992 WL 49952

Snippet: with” or “willfully violated,” included in section 364.285, Florida Statutes (1987), must be present in the