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Florida Statute 364.33 - Full Text and Legal Analysis
Florida Statute 364.33 | Lawyer Caselaw & Research
Link to State of Florida Official Statute
F.S. 364.33 Case Law from Google Scholar Google Search for Amendments to 364.33

The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES
Chapter 364
COMMUNICATIONS SERVICES
View Entire Chapter
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.

F.S. 364.33 on Google Scholar

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Amendments to 364.33


Annotations, Discussions, Cases:

Cases Citing Statute 364.33

Total Results: 7  |  Sort by: Relevance  |  Newest First

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Santa Rosa Cnty. v. Gulf Power Co., 635 So. 2d 96 (Fla. 1st DCA 1994).

Cited 15 times | Published | Florida 1st District Court of Appeal | 1994 WL 101078

...tters set forth in this chapter to the Florida Public Service Commission in regulating telephone common carriers, and such preemption shall supersede any local or special act or municipal charter where any conflict of authority may exist. Similarly, section 364.33, Florida Statutes (1989), requires telephone service providers to apply to the PSC for certificates of convenience and necessity to construct and operate and extend telephone lines, except in territories already served by such entities. Nothing was placed in evidence below showing that section 364.33 does not apply to BellSouth or Southland....
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Int'l Tel. & Tel. Corp. v. United Tel. Co., 60 F.R.D. 177 (M.D. Fla. 1973).

Cited 14 times | Published | District Court, M.D. Florida | 19 Fed. R. Serv. 2d 1140, 1973 U.S. Dist. LEXIS 12860

...blic at Shell Point Village and also certain residents in a residential subdivision located adjacent to Shell Point Village property and known as Palm Acres” without a certificate of public convenience and necessity as required by Florida Statutes § 364.33, F....
...Consequently, the Commission ordered the electric utilities companies to enforce their respective tariff provisions relating to the resale of electricity. The complaint filed by United Telephone against the Christian and Missionary Alliance Foundation accused the Foundation of violating Florida Statutes § 364.33....
...The matter might be simpler if the issues before the Commission were ever resolved. They were not. The proceeding was not terminated in favor of either party, but instead was mooted by the passage of time. It should be noted that the issue of the legality under Fla.Stat. § 364.33, F.S.A....
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Florida Tel. Corp. v. Carter, 70 So. 2d 508 (Fla. 1954).

Cited 12 times | Published | Supreme Court of Florida | 1954 Fla. LEXIS 1258

...imposing, inflicting and enforcing penalties for inadequate service? This question may be answered by a consideration of the Florida Statutes and F.S.A.; namely, Sections 364.03, 364.14, 364.15, 364.21 and Chapter 28013, Laws of Florida 1953, F.S.A. § 364.33 et seq....
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Int'l Tel. & Tel. Corp. v. United Tel. Co., 433 F. Supp. 352 (M.D. Fla. 1975).

Cited 5 times | Published | District Court, M.D. Florida | 1975 U.S. Dist. LEXIS 16295

...erated by the Foundation is `for hire' as alleged, a certificate from this Commission must first be obtained that the present or future public convenience and necessity does or will require such construction, acquisition or operation, as required by Section 364.33, Florida Statutes ...." 58....
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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

...The circuit court granted that motion but retained jurisdiction over the contract issues. The PSC determined that Teleeo was a “telecommunications company” within the meaning of section 364.02(7), Florida Statutes (1993). As such, it was required to obtain a certificate of necessity, but had failed to do so. § 364.33, Fla....
...se moot. See Ch. 95-403, §§ 6, 14, 23, at 3318-3336, Laws of Fla. Those amendments created “alternative local exchange telecommunications companies” and authorized them to provide local exchange telecommunication service to the general public. § 364.337(1), Fla....
...Teleco points out that it was granted certification as an alternative local exchange company on May 10,1996, and as a result is now authorized to provide local exchange telecommunication service without having to obtain a certificate of necessity under section 364.33....
...ncy Towers. . The Board instructed that the price paid for the wire could not exceed the lease amount then being paid to Southern Bell. At that time Regency Towers was paying $1072 per month to lease the wire. . Total payments amounted to $29,176. . Section 364.33, Florida Statutes (1993), states in relevant part: A person may not begin the construction or operation of any telecommunications facility, or any extension thereof for the purpose of providing telecommunications services to the public, or acquire ownership or control thereof, in whatever manner, including the acquisition, transfer, or assignment of majority organizational control or controlling stock ownership, without prior approval. § 364.33, Fla....
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Int'l Telecharge, Inc. v. Wilson, 573 So. 2d 816 (Fla. 1991).

Published | Supreme Court of Florida | 16 Fla. L. Weekly Supp. 85, 1991 Fla. LEXIS 77, 1991 WL 6547

...governing telephone companies until recently. 2 However, interexchange telephone companies (IXCs) must obtain a certificate of “public convenience and necessity” from the PSC to operate in Florida. Fla.Admin.Code Rule 25-24.470(1) (April 1990); § 364.33, Fla.Stat....
...Upon application, the PSC may grant a certificate if the PSC determines that issuing the certificate is “in the public interest.” Fla.Admin.Code Rule 25-24.471(3) (April 1990). An applicant for a certificate must also file with the PSC schedules showing the rates for every service it offers. § 364.335(l)(b), Fla.Stat. (1989). Once granted, the PSC has the authority to revoke, suspend, transfer, or amend a certificate. Id. § 364.335(5)....
...It is so ordered. SHAW, C.J., and OVERTON, McDonald, GRIMES and KOGAN, JJ., and EHRLICH, Senior Justice, concur. . We have jurisdiction pursuant to article V, section 3(b)(2) of the Florida Constitution. . See Chapter 90-244, section 36, Laws of Florida (creating section 364.3376 of the Florida Statutes to regulate operator service), which became effective October 1, 1990. Ch. 90-244, § 50, Laws of Fla. We also note that Congress recently passed similar legislation to regulate interstate operator services. See Telephone Operator Consumer Services Improvement Act of 1990, Pub.L. No. 101-435, 104 Stat. 986 (1990). .Section 364.335(5), Florida Statutes (1989), provides: Revocation, suspension, transfer, or amendment of a certificate shall be subject to the provisions of this section; except that, when the commission initiates the action, the commission shall furnish notice to the appropriate local government and to the public counsel....
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Microcom, Inc. v. Mayo, 242 So. 2d 129 (Fla. 1970).

Published | Supreme Court of Florida | 1970 Fla. LEXIS 2244

certificate for such an operation in this State (See Section 364.33-364.40, Florida Statutes [F.S.A.]). “Approximately

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