The 2023 Florida Statutes (including Special Session C)

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 from cite.case.law:

IN RE GC LONDON KY INC. A. Ch. v. B H LLC,, 575 B.R. 755 (Bankr. E.D. Ky. 2017)

. . . See also 3 Collier on Bankruptcy ¶364.02[1] (Alan N. Resnick and Henry J. . . .

In RJC INDUSTRIES, INC. v., 369 B.R. 845 (Bankr. M.D. Pa. 2006)

. . . This test adopts a vertical and horizontal approach. 3 Collier on Bankruptcy, ¶ 364.02[1] at 364-5 (15th . . .

FLORIDA DEPARTMENT OF REVENUE, v. CITY OF GAINESVILLE,, 918 So. 2d 250 (Fla. 2005)

. . . See § 364.02(12), Fla. . . . telecommunications services to the public for hire by the use of a telecommunications facility, as defined in s. 364.02 . . . See § 364.02(13), Fla. Stat. . . .

DEPARTMENT OF REVENUE, v. CITY OF GAINESVILLE,, 859 So. 2d 595 (Fla. Dist. Ct. App. 2003)

. . . telecommunications services to the public for hire by the use of a telecommunications facility, as defined in s. 364.02 . . . See § 364.02(13), Fla. Stat. . . .

LEVEL COMMUNICATIONS, LLC, v. E. JACOBS, Jr., 841 So. 2d 447 (Fla. 2003)

. . . Section 364.02(13), Florida Statutes, provides that a telecommunications facility “includes real estate . . . Under section 364.02(12)(a)-(f), a company that only provides facilities to other telecommunications . . . See § 364.02(1), Fla. Stat. (2001). . . . company certified by the PSC to provide local exchange service on or before June 30, 1995, see section 364.02 . . .

BELLSOUTH TELECOMMUNICATIONS, INC. v. E. JACOBS, Jr., 834 So. 2d 855 (Fla. 2002)

. . . Section 364.02 offers the following definitions germane to the instant ease: (2) “Basic local telecommunications . . . described in s. 364.163. (11) “Service” is to be construed in its broadest and most inclusive sense. § 364.02 . . . Additionally, section 364.02 defines a “telecommunications company” as a business entity “offering two-way . . . operated to provide two-way telecommunications service to the public for hire within this state.” § 364.02 . . . See § 364.02(6), Fla. Stat. (2001). . . . Although the term “service” in section 364.02, Florida Statutes (2001), is “to be construed in its broadest . . .

AT T COMMUNICATIONS OF THE SOUTHERN STATES, INC. v. BELLSOUTH TELECOMMUNICATIONS, INC., 268 F.3d 1294 (11th Cir. 2001)

. . . . § 364.02(2) (emphasis added). . . . Basic local phone service includes operator services. § 364.02(2). . . . Section 364.02(2) of Florida Statutes also states that Florida considers operator services a necessity . . .

BELLSOUTH TELECOMMUNICATIONS, INC. v. TOWN OF PALM BEACH, a v. Of,, 252 F.3d 1169 (11th Cir. 2001)

. . . Section 337.401 addresses municipal regulation of “telecommunications companies,” which are defined in § 364.02 . . .

BELLSOUTH TELECOMMUNICATIONS, INC. v. TOWN OF PALM BEACH, FLORIDA,, 127 F. Supp. 2d 1348 (S.D. Fla. 1999)

. . . Florida Statutes § 364.02(2). . . .

TELECO COMMUNICATIONS COMPANY, v. F. CLARK,, 695 So. 2d 304 (Fla. 1997)

. . . The PSC determined that Teleeo was a “telecommunications company” within the meaning of section 364.02 . . .

In McCONVILLE, T. THOMPSON, Jr. v. MARGEN, 110 F.3d 47 (9th Cir. 1997)

. . . See In re Century Brass Products, 22 F.3d 37, 39-40 (2d Cir.1994); 2 Collier on Bankruptcy, ¶ 364.02, . . .

FLORIDA INTEREXCHANGE CARRIERS ASSOCIATION, v. F. CLARK,, 678 So. 2d 1267 (Fla. 1996)

. . . ." § 364.02(2), Fla. Stat. (1995). . . . Id. § 364.02(8). . . .

In McCONVILLE, T. THOMPSON, Jr. v. MARGEN, 110 F.3d 47 (9th Cir. 1996)

. . . See In re Century Brass Products, 22 F.3d 37, 39-40 (2d Cir.1994); 2 Collier on Bankruptcy, ¶ 364.02, . . .

In GAROFALO S FINER FOODS, INC. V. MARTINO, v. FIRST NATIONAL BANK OF HARVEY,, 186 B.R. 414 (N.D. Ill. 1995)

. . . (In re Photo Promotion Assoc., Inc.), 881 F.2d 6, 10 (2d Cir. 1989); 2 Collier on Bankruptcy ¶ 364.02 . . . ; In re John Deskins Pic Pac, Inc., 59 B.R. 809, 812 (Bankr.W.D.Va.1986); 2 Collier on Bankruptcy ¶ 364.02 . . .

DAVIS, v. SOUTHERN BELL TELEPHONE TELEGRAPH COMPANY, a, 755 F. Supp. 1532 (S.D. Fla. 1991)

. . . . §§ 364.01, 364.02(3), 364.03(1), 364.035, 364.04(1), 364.05(1), and 364.19; see also § 350.001 (“The . . . Fla.Stat. § 364.02(3). . . .

In C. E. N. INC., 86 B.R. 303 (Bankr. D. Me. 1988)

. . . or debtor in possession [See § 1107] in the ordinary course of business.” 2 Collier on Bankruptcy ¶ 364.02 . . .

In MARK ANTHONY CONSTRUCTION, INC. UNITED STATES v. TEDLIN,, 78 B.R. 260 (B.A.P. 9th Cir. 1987)

. . . administrative expense does not require notice to creditors or prior court approval. 2 Collier on Bankruptcy, ¶ 364.02 . . .

In ROXY ROLLER RINK JOINT VENTURE,, 73 B.R. 521 (Bankr. S.D.N.Y. 1987)

. . . See also 2 Collier on Bankruptcy (15th Ed.1986) 364.02 at 354-7 (Reaches same conclusion but on different . . .

In EES LAMBERT ASSOCIATES, a, 62 B.R. 328 (Bankr. N.D. Ill. 1986)

. . . competing or super-priorities.’ ” In Re Flagstaff, 739 F.2d at 75 quoting, 2 Collier on Bankruptcy ¶ 364.02 . . .

In FLAGSTAFF FOODSERVICE CORPORATION, GENERAL ELECTRIC CREDIT CORPORATION, v. LEVIN WEINTRAUB,, 739 F.2d 73 (2d Cir. 1984)

. . . of the various provisions in the Code for competing or super-priorities.” 2 Collier on Bankruptcy 11 364.02 . . .

In FLAGSTAFF FOODSERVICE CORPORATION, GENERAL ELECTRIC CREDIT CORPORATION, v. LEVIN WEINTRAUB,, 739 F.2d 73 (2d Cir. 1984)

. . . of the various provisions in the Code for competing or super-priorities.” 2 Collier on Bankruptcy ¶ 364.02 . . .

INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION, v. UNITED TELEPHONE COMPANY OF FLORIDA,, 550 F.2d 287 (5th Cir. 1977)

. . . . § 364.02(4), F.S. § 364.33. . . . .

INTERNATIONAL TELEPHONE AND TELEGRAPH CORPORATION, v. UNITED TELEPHONE COMPANY OF FLORIDA,, 60 F.R.D. 177 (M.D. Fla. 1973)

. . . . § 364.02(5), F.S.A. (emphasis supplied). . . . . § 364.02. . . .

MICROCOM, INC. v. T. MAYO, W., 242 So. 2d 129 (Fla. 1970)

. . . . § 364.02 (1965), F.S.A., and that accordingly the Commission was without authority to regulate radio . . . However, the Court pointed out that the definition of a telephone company in Section 364.02 did not mention . . . The term ‘telephone line’ in Section 364.02 was amended to include ‘radio and other advancements of the . . . Stat. § 364.02, F.S.A. so as to include “radio and other advancements of the art of telephony” following . . .

RADIO TELEPHONE COMMUNICATIONS, INC. a v. SOUTHEASTERN TELEPHONE COMPANY, a, 170 So. 2d 577 (Fla. 1964)

. . . And it is true that, if we give to the words of the statute, Sec. 364.02, their literal meaning, it could . . . interconnection with Southeastern’s telephone line constituted it a “telephone company”, as defined in Sec. 364.02 . . .

ALABAMA OPERATING CO. v. CITY OF WINTER PARK, 68 So. 2d 601 (Fla. 1953)

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