Florida Statute 364.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 364
COMMUNICATIONS SERVICES

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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.

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Amendments to 364.04

Annotations, Discussions, Cases:

Cases Citing Statute 364.04

Total Results: 2 | Sort by: Relevance | Newest First

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At&T Commc'ns of the S. States, Inc. v. BellSouth Telecomm., Inc., 268 F.3d 1294 (11th Cir. 2001).

Cited 9 times | Published | Court of Appeals for the Eleventh Circuit | 2001 U.S. App. LEXIS 21756, 2001 WL 1200887

...§ 364.02(2) (emphasis added). Moreover, telecommunications carriers still must file tariff schedules detailing the rates 10 charged for service and the carriers’ service obligations with the FPSC. See § 364.04;5 25 Fla....

...This clash between the Act and traditional state pricing regimes can distort competition. As the FCC has noted, “[s]ome policies that traditionally have been justified on universal service considerations place competitors at a disadvantage. Other universal service 5 Section 364.04(1) provides: “Upon order of the commission, every telecommunications company shall file with the commission, and shall print and keep open to public inspection, schedules showing the rates, tolls, rentals, contracts, and charges of that company for service to be performed within the state.” 6 25 Fla....

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Boyd v. Se. Tel. Co., 105 So. 2d 889 (Fla. Dist. Ct. App. 1958).

Published | District Court of Appeal of Florida | 26 P.U.R.3d 417

..., F.S.A., which provides in part: “Unless the commissioners otherwise order no change shall be made in any rate * * * or charge, which shall have been filed and published by any telephone or telegraph company in compliance with the requirements of § 364.04, except after thirty days’ notice to the commissioners and the publication for thirty days as required in the case of original schedules in said section, which notice shall plainly state the changes proposed to be made in the schedule the...

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