Florida Statute 364.285 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 364
COMMUNICATIONS SERVICES

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364.285 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

Annotations, Discussions, Cases:

Cases Citing Statute 364.285

Total Results: 3 | Sort by: Relevance | Newest First

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3B TV, INC. v. State, Off. of Atty. Gen., 794 So. 2d 744 (Fla. 1st DCA 2001).

Cited 5 times | Published | Florida 1st District Court of Appeal | 2001 WL 1110559

...cified in s. 403.161(1) ... is subject to the judicial imposition of a civil penalty for each offense in an amount of not more than $10,000 per offense.... Each day during any portion of which such violation occurs constitutes a separate offense."); section 364.285(1), Florida Statutes ("The commission shall have the power to impose......

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Teleco Commc'ns Co. v. Clark, 695 So. 2d 304 (Fla. 1997).

Published | Supreme Court of Florida | 22 Fla. L. Weekly Supp. 283, 1997 Fla. LEXIS 685

...legitimate claim to the outstanding balance of unpaid lease payments from RTOA and that *308 any possible claim for recoupment of Teleco’s payment to Southern Bell had been more than satisfied. 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 benefit of the wire and its maintenance during the time payments had been made....

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Com. Ventures, Inc. v. Beard, 595 So. 2d 47 (Fla. 1992).

Published | Supreme Court of Florida | 17 Fla. L. Weekly Supp. 179, 1992 Fla. LEXIS 540, 1992 WL 49952

...Commercial Ventures challenges the order on nine grounds, only two of which merit discussion. 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 Proceedings or in the Prehearing Order for it to be valid....

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. For legal consultation, call 904-383-7448.