Florida Statutes
Fla. Stat. § 364.285 (2025)
Penalties.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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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.
Notes of Decisions
Cited in 3
cases, 1992–2001 · leading case: 3B TV, INC. v. State, Off. of Atty. Gen., 794 So. 2d 744 (Fla. 1st DCA 2001).
3B TV, INC. v. State, Off. of Atty. Gen., 794 So. 2d 744 (Fla. 1st DCA 2001). “Each day that such refusal or violation continues constitutes a separate offense."); section 402.”
Teleco Commc'ns Co. v. Clark, 695 So. 2d 304 (Fla. 1997). “Finally, although Teleco was subject to penalty under section 364.285, the PSC declined to impose a penalty in view of the fact that RTOA had apparently endorsed and to some extent may have induced the purchase of the wire from Southern Bell, and because RTOA had received the…”
Com. Ventures, Inc. v. Beard, 595 So. 2d 47 (Fla. 1992). “In its first point, Commercial Ventures argues that there is a jurisdictional requirement that the statutory words “refused to comply with” or “willfully violated,” included in section 364.285, Florida Statutes (1987), must be present in the Order Initiating Show Cause…”
— 364.285(1) — 1 case
3B TV, INC. v. State, Off. of Atty. Gen., 794 So. 2d 744 (Fla. 1st DCA 2001). “Each day that such refusal or violation continues constitutes a separate offense."); section 402.”
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