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2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.01 - Powers of Commission, Legislative Intent.

364.01 Powers of commission, legislative intent.—
(1) The Florida Public Service Commission shall exercise over and in relation to telecommunications companies the powers conferred by this chapter.
(2) It is the legislative intent to give exclusive jurisdiction in all matters set forth in this chapter to the Florida Public Service Commission in regulating telecommunications companies, and such preemption shall supersede any local or special act or municipal charter where any conflict of authority may exist. However, this chapter does not affect the authority and powers granted in
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s. 166.231(9) or s. 337.401.
(3) Communications activities that are not regulated by the Florida Public Service Commission are subject to this state’s generally applicable business regulation and deceptive trade practices and consumer protection laws, as enforced by the appropriate state authority or through actions in the judicial system. This chapter does not limit the availability to any party of any remedy or defense under state or federal antitrust laws. The Legislature finds that the competitive provision of telecommunications services, including local exchange telecommunications service, is in the public interest and has provided customers with freedom of choice, encouraged the introduction of new telecommunications service, encouraged technological innovation, and encouraged investment in telecommunications infrastructure.
History.—ss. 1-4, ch. 6186, 1911; ss. 1-6, ch. 6187, 1911; s. 1, ch. 6525, 1913; RGS 4393; CGL 6357; s. 1, ch. 63-279; s. 1, ch. 65-52; s. 1, ch. 67-541; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 32, ch. 80-36; s. 2, ch. 81-318; s. 25, ch. 83-218; ss. 6, 7, ch. 89-163; ss. 1, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 5, ch. 95-403; s. 2, ch. 2003-32; s. 10, ch. 2005-132; s. 2, ch. 2011-36.
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Note.—Repealed by s. 38, ch. 2000-260.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.011 - Exemptions From Commission Jurisdiction.

364.011 Exemptions from commission jurisdiction.—The following services are exempt from oversight by the commission, except to the extent delineated in this chapter:
(1) Intrastate interexchange telecommunications services.
(2) Broadband services, regardless of the provider, platform, or protocol.
(3) VoIP.
(4) Wireless telecommunications, including commercial mobile radio service providers.
(5) Basic service.
(6) Nonbasic services or comparable services offered by any telecommunications company.
History.—s. 11, ch. 2005-132; s. 3, ch. 2011-36.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.012 - Consistency With Federal Law.

364.012 Consistency with federal law.—
(1) In order to promote commission coordination with federal policymakers and regulatory agencies, the commission shall maintain continuous liaisons with appropriate federal agencies whose policy decisions and rulemaking authority affect those telecommunications companies over which the commission has jurisdiction. The commission is encouraged to participate in the proceedings of federal agencies in cases in which the state’s consumers may be affected and to convey the commission’s policy positions and information requirements in order to achieve greater efficiency in regulation.
(2) This chapter does not limit or modify the duties of a local exchange telecommunications company to provide unbundled access to network elements or the commission’s authority to arbitrate and enforce interconnection agreements to the extent that those elements are required under 47 U.S.C. ss. 251 and 252, and under any regulations issued by the Federal Communications Commission at rates determined in accordance with the standards established by the Federal Communications Commission pursuant to 47 C.F.R. ss. 51.503-51.513, inclusive of any successor regulation or successor forbearance of regulation.
History.—s. 12, ch. 2005-132; s. 4, ch. 2011-36.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.013 - Emerging and Advanced Services.

364.013 Emerging and advanced services.—Broadband service and the provision of voice-over-Internet-protocol (VoIP) are exempt from commission jurisdiction and shall be free of state regulation, except as delineated in this chapter, regardless of the provider, platform, or protocol. Notwithstanding the exemptions in this chapter, a competitive local exchange telecommunications company is entitled to interconnection with a local exchange telecommunications company to transmit and route voice traffic between both the competitive local exchange telecommunications company and the local exchange telecommunications company regardless of the technology by which the voice traffic is originated by and terminated to an end user. The commission shall afford such competitive local exchange telecommunications company all substantive and procedural rights available to such companies regarding interconnection under the law.
History.—s. 13, ch. 2005-132; s. 3, ch. 2009-226.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.015 - Injunctive Relief.

364.015 Injunctive relief.—The Legislature finds that violations of commission orders or rules, in connection with the impairment of a telecommunications company’s operations or service, constitute irreparable harm for which there is no adequate remedy at law. The commission is authorized to seek relief in circuit court including temporary and permanent injunctions, restraining orders, or any other appropriate order. Such remedies shall be in addition to and supplementary to any other remedies available for enforcement of agency action under s. 120.69 or the provisions of this chapter. The commission shall establish procedures implementing this section by rule.
History.—s. 1, ch. 93-35.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.016 - Travel Costs.

364.016 Travel costs.—The commission has the authority to assess a telecommunications company for reasonable travel costs associated with reviewing the records of the telecommunications company and its affiliates when such records are kept out of state. The telecommunications company may bring the records back into the state for review.
History.—s. 2, ch. 93-35.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.0361 - Local Government Authority; Nondiscriminatory Exercise.

364.0361 Local government authority; nondiscriminatory exercise.—A local government shall treat each telecommunications company in a nondiscriminatory manner when exercising its authority to grant franchises to a telecommunications company or to otherwise establish conditions or compensation for the use of rights-of-way or other public property by a telecommunications company. A local government may not directly or indirectly regulate the terms and conditions, including, but not limited to, the operating systems, qualifications, services, service quality, service territory, and prices, applicable to or in connection with the provision of any voice-over-Internet protocol, regardless of the platform, provider, or protocol, broadband or information service. This section does not relieve a provider from any obligations under s. 337.401.
History.—s. 33, ch. 95-403; s. 5, ch. 2003-32; s. 15, ch. 2005-132; s. 9 ch. 2007-29.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.04 - Schedules of Rates, Tolls, Rentals, and Charges; Filing; Public Inspection.

364.04 Schedules of rates, tolls, rentals, and charges; filing; public inspection.—
(1) Every telecommunications company shall publish through electronic or physical media schedules showing the rates, tolls, rentals, and charges of that company for service to be offered within the state. The commission shall have no jurisdiction over the content or form or format of such published schedules. A telecommunications company may, as an option, file the published schedules with the commission or publish its schedules through other reasonably publicly accessible means, including on a website. A telecommunications company that does not file its schedules with the commission shall inform its customers where a customer may view the telecommunications company’s schedules.
(2) This chapter does not prohibit a telecommunications company from:
(a) Entering into contracts establishing rates, tolls, rentals, and charges that differ from its published schedules or offering services that are not included in its published schedules; or
(b) Meeting competitive offerings in a specific geographic market or to a specific customer.
(3) This section does not apply to the rates, terms, and conditions established pursuant to 47 U.S.C. ss. 251 and 252.
History.—s. 4, ch. 6525, 1913; RGS 4396; CGL 6360; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 4, 32, ch. 80-36; s. 2, ch. 81-318; ss. 6, 7, ch. 89-163; ss. 7, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 5, ch. 2009-226; s. 10, ch. 2011-36.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.105 - Discounted Rate for Basic Service for Former Lifeline Subscribers.

364.105 Discounted rate for basic service for former Lifeline subscribers.—Each local exchange telecommunications company shall offer discounted residential basic local telecommunications service at 70 percent of the residential local telecommunications service rate for any Lifeline subscriber who no longer qualifies for Lifeline. A Lifeline subscriber who requests such service shall receive the discounted price for a period of 1 year after the date the subscriber ceases to be qualified for Lifeline. In no event shall this preclude the offering of any other discounted services which comply with s. 364.10.
History.—s. 3, ch. 98-277; s. 18, ch. 2009-226; s. 59, ch. 2011-36.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.107 - Public Records Exemption; Lifeline Assistance Plan Participants.

364.107 Public records exemption; Lifeline Assistance Plan participants.—
(1) Personal identifying information of a participant in a telecommunications carrier’s Lifeline Assistance Plan under s. 364.10 held by the Public Service Commission is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(2) Information made confidential and exempt under subsection (1) may be released to the applicable telecommunications carrier, or to the Federal Communications Commission or its designee, for purposes directly connected with eligibility for, verification related to, or auditing of a Lifeline Assistance Plan.
(3)(a) An officer or employee of a telecommunications carrier shall not intentionally disclose information made confidential and exempt under subsection (1), except as:
1. Authorized by the customer;
2. Necessary for billing purposes;
3. Required by subpoena, court order, or other process of court;
4. Necessary to disclose to an agency as defined in s. 119.011 or a governmental entity for purposes directly connected with implementing service for, or verifying eligibility of, a participant in a Lifeline Assistance Plan or auditing a Lifeline Assistance Plan; or
5. Otherwise authorized by law.
(b) Nothing in this section precludes a telecommunications carrier from disclosing information made confidential and exempt under subsection (1) to the extent such information is otherwise publicly available or from disclosing to a customer his or her own account record through telephonic means.
(4) Any officer or employee of a telecommunications carrier or of the Public Service Commission who intentionally discloses information in violation of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
History.—s. 1, ch. 2007-247; s. 1, ch. 2012-226; s. 2, ch. 2022-80.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.163 - Network Access Services.

364.163 Network access services.—For purposes of this section, the term “network access service” is defined as any service provided by a local exchange telecommunications company to a telecommunications company certificated under this chapter or licensed by the Federal Communications Commission to access the local exchange telecommunications network, excluding local interconnection, resale, or unbundling pursuant to s. 364.16. Each local exchange telecommunications company shall maintain tariffs with the commission containing the terms, conditions, and rates for each of its network access services. An interexchange telecommunications company may not institute any intrastate connection fee or any similarly named fee.
History.—s. 17, ch. 95-403; s. 4, ch. 98-277; s. 14, ch. 2003-32; s. 12, ch. 2007-29; s. 25, ch. 2011-36; s. 48, ch. 2019-3.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.195 - Termination of Telecommunications Service Contract by a Servicemember.

364.195 Termination of telecommunications service contract by a servicemember.—
(1) Any servicemember, as defined in s. 250.01, may terminate his or her telecommunications service contract by providing the telecommunications company with a written notice of termination, effective on the date specified in the notice, which date shall be at least 30 days after receipt of the notice by the telecommunications company, if any of the following criteria are met:
(a) The servicemember is required, pursuant to a permanent change of station orders, to move outside the area served by the telecommunications company or to an area where the type of telecommunications service being provided to the servicemember is not available from the telecommunications company;
(b) The servicemember is discharged or released from active duty or state active duty and will return from such duty to an area not served by the telecommunications company or where the type of telecommunications service contracted for is not available from the telecommunications company;
(c) The servicemember is released from active duty or state active duty after having entered into a contract for telecommunications service while on active duty or state active duty status and the telecommunications company does not provide telecommunications service or the same type of telecommunications service contracted for in the region of the servicemember’s home of record prior to entering active duty or state active duty;
(d) The servicemember receives military orders requiring him or her to move outside the continental United States; or
(e) The servicemember receives temporary duty orders, temporary change of station orders, or active duty or state active duty orders to an area not served by the telecommunications company or where the type of telecommunications service contracted for is not available from the telecommunications company, provided such orders are for a period exceeding 60 days.
(2) The written notice to the telecommunications company must be accompanied by either a copy of the official military orders or a written verification signed by the servicemember’s commanding officer.
(3) Upon termination of a contract under this section, the servicemember is liable for the amount due under the contract prorated to the effective date of the termination payable at such time as would have otherwise been required by the terms of the contract. The servicemember is not liable for any other fees due to the early termination of the contract as provided for in this section.
(4) The provisions of this section may not be waived or modified by the agreement of the parties under any circumstances.
History.—s. 16, ch. 2003-72.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.24 - Penalty for Making Telephone Message or Customer Account Information Known.

364.24 Penalty for making telephone message or customer account information known.—
(1) Except as otherwise deemed by law, any officer or person in the employ of any telecommunications company, or any person in charge of any office, exchange, or place where messages or communications are sent, received, or heard by telephone, who shall disclose or make known to any person other than the person to whom the telephone message or communication is directed, or his or her duly authorized agent, partner, clerk, or some member of his or her family, any part of the contents or substance of any message or communication sent, received, or heard by him or her, by telephone, by reason of the position he or she occupies or fills, without consent of the person sending or receiving such message or communication, commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Any officer or person in the employ of any telecommunications company shall not intentionally disclose customer account records except as authorized by the customer or as necessary for billing purposes, or required by subpoena, court order, other process of court, or as otherwise allowed by law. Any person who violates any provision of this section commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. Nothing herein precludes disclosure of customers’ names, addresses, or telephone numbers to the extent they are otherwise publicly available. Nothing herein precludes a telecommunications company from making available to its customers a customer’s own customer account record through telephonic means.
History.—s. 1, ch. 5210, 1903; GS 3730; RGS 5755; CGL 7985; s. 273, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 20, 32, ch. 80-36; s. 2, ch. 81-318; ss. 6, 7, ch. 89-163; ss. 26, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 548, ch. 95-148; s. 19, ch. 95-403; s. 4, ch. 99-354.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.245 - Discontinuation of Telecommunications Service Used for Unlawful Purpose.

364.245 Discontinuation of telecommunications service used for unlawful purpose.—
(1) A customer of a telecommunications company operating within the state may use telecommunications services only for lawful purposes.
(2) If a local, state, or federal law enforcement officer acting within the scope of the officer’s duties obtains evidence that telecommunications services are being used or have been used by a customer or by the employee or agent of the customer to violate state or federal law, the officer may apply to the circuit court of the county in which the suspected violation of state or federal law occurred for an order requiring the telecommunications company to discontinue service to the customer of the services. The court shall hold a hearing on the application as soon as possible, but no sooner than 48 hours after notice of the application for discontinuation of service is delivered to the address at which the telecommunications services are furnished or to the address to which bills for telecommunications services are mailed, according to the telecommunications company records. Notice must also be given to the registered agent for the service of process upon the telecommunications company at least 48 hours prior to the hearing. If the court finds clear and convincing evidence that the telecommunications services are being used or have been used to violate state or federal law, the court shall order the telecommunications company to discontinue such service immediately.
(3) Telecommunications service discontinued under this section may be reinstated only by court order, and call forwarding or message referrals, whether recorded or live, may not be provided until reinstatement of service is ordered by the court.
(4) A telecommunications company shall be held harmless from liability to any person in complying with any court order issued under this section.
History.—s. 20, ch. 95-403; s. 8, ch. 2000-334.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.285 - Penalties.

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.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.30 - Telecommunications Companies; Points of Connection.

364.30 Telecommunications companies; points of connection.—
(1) Any telecommunications company operating within the state subject to the provisions of this chapter, having more than one point of connection with or through any other telecommunications company, is hereby authorized and permitted to use and enjoy any of its points of connection on any call at any time such points of connection are not in use, and the company with which the call is initiated shall be the sole judge in each instance as to whether the convenience and necessity of its own subscribers, the facility with which the connection and call may be completed, and its financial welfare are best served by the routing selected by the company receiving any such individual call. Any telecommunications company having two or more points of connection with any other company may not be required by the connecting company to route all or any specific number of its calls through any one connection at the will of the connecting company.
(2) Any connecting telecommunications company refusing to give and make a connection with the company through which the call was initially placed, over any connecting point not in use, commits a violation of this section.
History.—ss. 1, 2, ch. 22073, 1943; s. 1, ch. 63-279; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 53, ch. 78-95; ss. 22, 32, ch. 80-36; s. 2, ch. 81-318; ss. 6, 7, ch. 89-163; ss. 29, 48, 49, ch. 90-244; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.32 - Definitions Applicable to S. 364.33.

364.32 Definitions applicable to s. 364.33.—
(1) “Person” means:
(a) Any natural person, firm, association, county, municipality, corporation, business, trust, or partnership owning, leasing, or operating any facility used in the furnishing of public telecommunications service within this state; and
(b) A cooperative, nonprofit, membership corporation, or limited dividend or mutual association, now or hereafter created, with respect to that part or portion of its operations devoted to the furnishing of telecommunications service within this state.
(2) “Territory” means any area, whether within or without the boundaries of a municipality.
History.—s. 9, ch. 28013, 1953; s. 24, ch. 57-1; s. 1, ch. 63-279; s. 1, ch. 65-52; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 24, 32, ch. 80-36; s. 2, ch. 81-318; ss. 6, 7, ch. 89-163; ss. 30, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 60, ch. 2011-36.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.33 - Certificate of Necessity or Authority.

364.33 Certificate of necessity or authority.—A person may not provide telecommunications services to the public without a certificate of necessity or a certificate of authority. After July 1, 2011, the commission shall cease to issue certificates of necessity, but existing certificates of necessity remain valid. A certificate of necessity or authority may be transferred to the holder’s parent company or an affiliate or another person holding a certificate of necessity or authority, its parent company, or an affiliate without prior approval of the commission by giving written notice of the transfer to the commission within 60 days after the completion of the transfer. The transferee assumes the rights and obligations conferred by the certificate. This section does not affect any obligation of the transferee pursuant to 47 U.S.C. ss. 251 and 252 and the Federal Communications Commission’s orders and regulations implementing those sections.
History.—s. 1, ch. 28013, 1953; s. 1, ch. 63-279; s. 1, ch. 65-52; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 32, ch. 80-36; s. 2, ch. 81-318; s. 5, ch. 83-73; ss. 6, 7, ch. 89-163; ss. 31, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 11, ch. 2009-226; s. 30, ch. 2011-36.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.335 - Application for Certificate of Authority.

364.335 Application for certificate of authority.—
(1) Each applicant for a certificate of authority shall:
(a) Provide the following information:
1. The applicant’s official name and, if different, any name under which the applicant will do business.
2. The street address of the principal place of business of the applicant.
3. The federal employer identification number or the Department of State’s document number.
4. The name, address, and telephone number of an officer, partner, owner, member, or manager as a contact person for the applicant to whom questions or concerns may be addressed.
5. Information demonstrating the applicant’s managerial, technical, and financial ability to provide telecommunications service, including an attestation to the accuracy of the information provided.
(b) File the application fee required by the commission in an amount not to exceed $500. Such fees shall be deposited in accordance with s. 350.113.
(2) The commission shall grant a certificate of authority to provide telecommunications service upon a showing that the applicant has sufficient technical, financial, and managerial capability to provide such service in the geographic area proposed to be served. The applicant shall ensure continued compliance with applicable business formation, registration, and taxation provisions of law.
(3) A certificate of authority may be terminated by the telecommunications company by submitting notice to the commission.
(4) Except as provided in s. 364.33, revocation, suspension, transfer, or amendment of a certificate shall be subject to the provisions of this section.
History.—s. 27, ch. 80-36; s. 2, ch. 81-318; ss. 3, 5, ch. 82-51; s. 6, ch. 83-73; s. 1, ch. 85-327; ss. 6, 7, ch. 89-163; ss. 32, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 21, ch. 95-403; s. 93, ch. 96-410; s. 18, ch. 2005-132; s. 12, ch. 2009-226; s. 31, ch. 2011-36.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.3375 - Pay Telephone Service Providers.

364.3375 Pay telephone service providers.—
(1)(a) A person may not provide pay telephone service without first obtaining from the commission a certificate of authority or necessity to provide such service, except that the certification provisions of this subsection do not apply to a local exchange telecommunications company providing pay telephone service.
(b) In granting such certificate the commission, if it finds that the action is consistent with the public interest, may exempt a pay telephone provider from some or all of the requirements of this chapter. However, the commission may exempt a pay telephone provider from this section only to prevent fraud or if it finds the exemption to be in the public interest.
(c) A certificate authorizes the pay telephone provider to provide services statewide and to provide access to both local and intrastate interexchange pay telephone service, except that the commission may limit the type of calls that can be handled.
(2) Each pay telephone station shall:
(a) Receive and permit coin-free access to the universal emergency telephone number “911” where operable or to a local exchange company toll operator.
(b) Receive and provide coin-free or coin-return access to local directory assistance and the telephone number of the person responsible for repair service.
(c) Designate a party responsible for processing refunds to customers.
(d) Be equipped with a legible sign, card, or plate of reasonable permanence which provides information determined by the commission, by rule, to adequately inform the end user.
(e) Be eligible to subscribe to flat-rate, single-line business local exchange services.
(3) Each pay telephone station which provides access to any interexchange telecommunications company shall provide access to all locally available interexchange telecommunications companies and shall provide for the completion of international telephone calls under terms and conditions as determined by the commission. The commission may grant limited waivers of this provision to pay telephone companies to prevent fraud or as otherwise determined in the public interest.
History.—ss. 35, 49, ch. 90-244; s. 4, ch. 91-429; s. 1, ch. 92-126; s. 24, ch. 95-403; s. 34, ch. 2011-36.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.381 - Judicial Review.

364.381 Judicial review.—As authorized by s. 3(b)(2), Art. V of the State Constitution, the Supreme Court shall review, upon petition, any action of the commission relating to rates or service of telecommunications companies. For purposes of judicial review, a telecommunications company is a telephone company within the meaning of s. 3(b)(2), Art. V of the State Constitution.
History.—s. 30, ch. 80-36; s. 2, ch. 81-318; ss. 6, 7, ch. 89-163; ss. 43, 48, 49, ch. 90-244; s. 4, ch. 91-429.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.385 - Saving Clauses.

364.385 Saving clauses.—The rates and charges for network access service approved by the commission in accordance with the decisions set forth in Order Nos. PSC 03-1469-FOF-TL and PSC 04-0456-FOF-TL, and which are in effect immediately prior to July 1, 2007, shall remain in effect and such rates and charges may not be changed after the effective date of this act, except in accordance with the provisions of s. 364.163.
History.—s. 29, ch. 80-36; s. 2, ch. 81-318; ss. 6, 7, ch. 89-163; ss. 44, 48, 49, ch. 90-244; s. 4, ch. 91-429; s. 28, ch. 95-403; s. 13, ch. 2007-29; s. 7, ch. 2010-38; s. 41, ch. 2011-36.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.386 - Reports to the Legislature.

364.386 Reports to the Legislature.—
(1)(a) The commission shall submit to the President of the Senate, the Speaker of the House of Representatives, and the majority and minority leaders of the Senate and the House of Representatives, on August 1, on an annual basis, a report on the status of competition in the telecommunications industry and a detailed exposition of the following:
1. The ability of competitive providers to make functionally equivalent local exchange services available to both residential and business customers at competitive rates, terms, and conditions.
2. The ability of consumers to obtain functionally equivalent services at comparable rates, terms, and conditions.
3. The overall impact of competition on the maintenance of reasonably affordable and reliable high-quality telecommunications services.
4. A listing and short description of any carrier disputes filed under s. 364.16.
(b) The commission shall make an annual request to providers of local exchange telecommunications services on or before March 1 of each year for the data it requires to complete the report. A provider of local exchange telecommunications services shall file its response with the commission on or before April 15 of each year.
(2) The quantitative part of the information requested in the commission’s annual data request shall be limited to a copy of the FCC Form 477 filed by a provider of local exchange telecommunications service with the Federal Communications Commission, which must identify Florida-specific access line data or similar information if an FCC Form 477 is not available.
History.—ss. 45, 49, ch. 90-244; s. 4, ch. 91-429; s. 29, ch. 95-403; s. 1, ch. 2007-180; s. 42, ch. 2011-36; s. 35, ch. 2018-110.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 364 - Communications Services › 364.391 - Rural Electric Cooperatives Engaged in the Provision of Broadband.

364.391 Rural electric cooperatives engaged in the provision of broadband.—
(1) As used in this section, the term:
(a) “Affiliate” means an entity related through a parent cooperative’s controlling interest. The term includes a subsidiary or any other entity under common control with the cooperative.
(b) “Cooperative” means a rural electric cooperative established pursuant to chapter 425.
(c) “Engages in the provision of broadband” means an entity that:
1. Provides broadband service directly, through an affiliate, or pursuant to an agreement with a third party; or
2. Accepts broadband grant funding pursuant to s. 288.9962 or from any other federal or state program offering grants to expand broadband Internet service to unserved areas of this state.
(2) If a cooperative engages in the provision of broadband:
(a) All poles owned by the cooperative are subject to regulation under s. 366.04(8) on the same basis as if such cooperative were a public utility under that subsection; and
(b) The commission may access the books and records of such cooperative to the limited extent necessary to perform its functions and to exercise its authority under ss. 366.04(8) and 366.97(4). Upon request of the cooperative, any records the commission receives under this paragraph which are proprietary confidential business information under s. 364.183 or s. 366.093 shall retain their status as confidential or exempt from disclosure under s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(3) This section may not be construed to impair the contract rights of a party to a valid pole attachment agreement in existence before July 1, 2023.
History.—s. 1, ch. 2023-199.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 365 - Use of Telephones and Facsimile Machines › 365.16 - Obscene or Harassing Telephone Calls.

365.16 Obscene or harassing telephone calls.—
(1) Whoever:
(a) Makes a telephone call to a location at which the person receiving the call has a reasonable expectation of privacy; during such call makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, vulgar, or indecent; and by such call or such language intends to offend, annoy, abuse, threaten, or harass any person at the called number;
(b) Makes a telephone call, whether or not conversation ensues, without disclosing his or her identity and with intent to annoy, abuse, threaten, or harass any person at the called number;
(c) Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or
(d) Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number,
is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(2) Whoever knowingly permits any telephone under his or her control to be used for any purpose prohibited by this section is guilty of a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083.
(3) Each telephone directory hereafter published for distribution to the members of the general public shall contain a notice which explains this law; such notice shall be printed in type which is no smaller than the smallest type on the same page and shall be preceded by the word “warning.” The provisions of this section shall not apply to directories solely for business advertising purposes, commonly known as classified directories.
(4) Each telephone company in this state shall cooperate with the law enforcement agencies of this state in using its facilities and personnel to detect and prevent violations of this section.
(5) Nothing contained in this section shall apply to telephone calls made in good faith in the ordinary course of business or commerce.
History.—ss. 1, 2, ch. 63-51; s. 1, ch. 69-25; s. 276, ch. 71-136; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 1, 2, ch. 79-270; ss. 2, 4, ch. 80-275; s. 550, ch. 95-148.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 365 - Use of Telephones and Facsimile Machines › 365.1657 - Intrastate Use of Facsimile Machine for Unsolicited Advertising; Prohibition; Penalties; Injunctive Relief.

365.1657 Intrastate use of facsimile machine for unsolicited advertising; prohibition; penalties; injunctive relief.—
(1) It is unlawful for any person to use a machine that electronically transmits facsimiles of documents through connection with a telephone network to transmit within this state unsolicited advertising material for the sale of any real property, goods, or services.
(2) The Attorney General may bring an action to impose a civil penalty and to seek injunctive relief. The civil penalty shall not exceed $500 per violation. Each transmission shall be considered a separate violation.
History.—s. 1, ch. 89-95.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 365 - Use of Telephones and Facsimile Machines › 365.174 - Proprietary Confidential Business Information.

365.174 Proprietary confidential business information.—
(1)(a) All proprietary confidential business information submitted by a provider to the board or the office is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(b) Statistical abstracts of information collected by the board or the office may be released or published, but only in a manner that does not identify or allow identification of subscribers or their service numbers or of revenues attributable to any provider.
(2)(a) All proprietary confidential business information submitted by a provider to the Department of Revenue, as an agent of the board, is confidential and exempt from s. 119.07(1) and s. 24(a), Art. I of the State Constitution.
(b) The Department of Revenue may provide information relative to s. 365.172(9) to the Secretary of Management Services, or his or her authorized agent, or to the Emergency Communications Board established in s. 365.172(5) for use in the conduct of the official business of the Department of Management Services or the Emergency Communications Board.
(3) As used in this section, the term “proprietary confidential business information” means customer lists, customer numbers, individual or aggregate customer data by location, usage and capacity data, network facilities used to serve subscribers, technology descriptions, or technical information, and the actual or developmental costs of E911 systems that are developed, produced, or received internally by a provider or by a provider’s employees, directors, officers, or agents.
History.—s. 1, ch. 99-202; s. 4, ch. 2001-133; s. 1, ch. 2004-48; s. 1, ch. 2014-197; s. 5, ch. 2016-6; s. 1, ch. 2021-80; s. 6, ch. 2023-55.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 365 - Use of Telephones and Facsimile Machines › 365.175 - Emergency Telephone Number 911 Private Branch Exchange-Private Switch Automatic Location Identification.

365.175 Emergency telephone number 911 private branch exchange-private switch automatic location identification.—
(1) DEFINITIONS.—As used in this section, the term:
(a) “Automatic location identification” or “ALI” means the automatic display at the Public Safety Answering Point (PSAP) of the caller’s telephone number, the address or location of the telephone, and supplementary emergency services information.
(b) “Automatic location identification retrieval” or “ALI retrieval” means the process of querying the 911 database for ALI records.
(c) “Automatic number identification” or “ANI” means the telephone number associated with the access line from which a call originates.
(d) “Private branch exchange” or “PBX” means a private telephone system that is connected to the Public Switched Telephone Network (PSTN).
(e) “Private switch ALI” or “PSA” means a service option which provides enhanced 911 features for telephone stations behind private switches, e.g., PBX’s.
(2) REQUIRED ALI CAPABILITY.—Each PBX system installed after January 1, 2004, must be capable of providing automatic location identification to the station level.
History.—s. 3, ch. 2003-182.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 365 - Use of Telephones and Facsimile Machines › 365.176 - Florida Call-Blocking Act.

365.176 Florida Call-Blocking Act.—
(1) This section may be cited as the “Florida Call-Blocking Act.”
(2) As used in this section, the term:
(a) “Caller identification service” means a service that allows a telephone subscriber to have the telephone number and, if available, the name of the calling party transmitted contemporaneously with the telephone call and displayed on a device in or connected to the subscriber’s telephone.
(b) “Pooling administrator” means the Thousands-Block Pooling Administrator as identified in 47 C.F.R. s. 52.20.
(c) “Provider” means a telecommunications company that provides voice communications services to customers in this state.
(3) Consistent with authorization provided by federal law and rules of the Federal Communications Commission or its successors, providers operating in this state may block calls in the following manner:
(a) Providers may block a voice call when the subscriber to which the originating number is assigned has requested that calls purporting to originate from that number be blocked because the number is used for inbound calls only.
(b) Providers may block calls originating from the following numbers:
1. A number that is not a valid North American Numbering Plan number;
2. A valid North American Numbering Plan number that is not allocated to a provider by the North American Numbering Plan Administrator or the pooling administrator; and
3. A valid North American Numbering Plan number that is allocated to a provider by the North American Numbering Plan Administrator or pooling administrator, but is unused, so long as the provider blocking the calls is the allocatee of the number and confirms that the number is unused or has obtained verification from the allocatee that the number is unused at the time of the blocking.
Providers may not block a voice call pursuant to subparagraph 1. or subparagraph 2. if the call is an emergency call placed to 911.
(4) For purposes of blocking calls from certain originating numbers as authorized in this section, a provider may rely on caller identification service information to determine the originating number.
History.—s. 1, ch. 2018-70.
2023 Florida Statutes › Title XXVII - Railroads and Other Regulated Utilities › Chapter 365 - Use of Telephones and Facsimile Machines › 365.177 - Transfer of E911 Calls Between Systems.

365.177 Transfer of E911 calls between systems.—
(1) The office shall develop a plan by December 30, 2023, to upgrade all 911 public safety answering points within the state to allow the transfer of an emergency call from one local, multijurisdictional, or regional E911 system to another local, multijurisdictional, or regional E911 system in the state by December 30, 2033. Such transfer should include voice, text message, image, video, caller identification information, location information, and additional standards-based 911 call information. The plan must prioritize the upgrade of PSAPs based on the population served by each PSAP, the capability of a jurisdiction or region to modernize PSAPs beyond legacy 911 infrastructure, and the ability of a jurisdiction or region to address interoperability between PSAPs. The plan must identify and address the projected costs of providing these transfer capabilities and project the ability of each county to meet operational costs based on disbursement of funds under s. 365.173(2)(a), (b), and (c).
(2) In developing the plan, the office shall:
(a) Coordinate with public agencies to identify and resolve any technological or logistical issues.
(b) Identify or establish a system or clearinghouse for maintaining contact information for all E911 systems in the state.
(c) For both a regionally phased and statewide approach, establish a date, considering any technological, logistical, financial, or other identified issues, by when all E911 systems in the state must be able to transfer emergency calls pursuant to subsection (1).
History.—s. 2, ch. 2019-146; s. 3, ch. 2023-55.