Florida Statutes
Title XXVII - Railroads and Other Regulated Utilities

Chapter 350 - Florida Public Service Commission

350.001 - Legislative Intent. - History.—s. 1, ch. 78-426; s. 2, ch. 81-318; s. 6,...

350.01 - Florida Public Service Commission; Terms of Commissioners; Vacancies; Election and Duties of Chair; Quorum; Proceedings; Public Records and Public Meetings Exemptions. - (1) The Florida Public Service Commission shall consist of five...

350.011 - Florida Public Service Commission; Jurisdiction; Powers and Duties. - History.—s. 1, ch. 24095, 1947; s. 1, ch. 63-279; s....

350.03 - Power of Governor to Remove and to Fill Vacancies. - History.—s. 1, ch. 4700, 1899; GS 2884; RGS 4609; CGL...

350.031 - Florida Public Service Commission Nominating Council. - (1)(a) There is created a Florida Public Service Commission Nominating...

350.04 - Qualifications of Commissioners. - (1) Have any financial interest, other than ownership of shares...

350.041 - Commissioners; Standards of Conduct. - (1) STATEMENT OF INTENT.—In addition to the provisions of part...

350.042 - Ex Parte Communications. - (1) A commissioner should accord to every person who is...

350.043 - Enforcement and Interpretation. - History.—s. 5, ch. 90-272; s. 13, ch. 94-277.

350.05 - Oath of Office. - History.—s. 1, ch. 4700, 1899; GS 2886; RGS 4611; CGL...

350.06 - Place of Meeting; Expenditures; Employment of Personnel; Records Availability and Fees. - (1) The offices of said commissioners shall be in the...

350.0603 - Rulemaking Authority and Procedures for Purchases. - History.—s. 1, ch. 98-42.

350.0605 - Former Commissioners and Employees; Representation of Clients Before Commission. - (1) Any former commissioner of the Public Service Commission is...

350.061 - Public Counsel; Appointment; Oath; Restrictions on Public Counsel and His or Her Employees. - (1) The committee designated by joint rule of the Legislature...

350.0611 - Public Counsel; Duties and Powers. - (1) To recommend to the commission or the counties, by...

350.0612 - Public Counsel; Location. - History.—s. 1, ch. 74-195; s. 2, ch. 81-318; s. 6,...

350.0613 - Public Counsel; Employees; Receipt of Pleadings. - History.—s. 1, ch. 74-195; s. 2, ch. 81-318; s. 6,...

350.0614 - Public Counsel; Compensation and Expenses. - (1) The salaries and expenses of the Public Counsel and...

350.111 - “Regulated Company” Defined. - History.—ss. 3, 6, ch. 80-289; ss. 2, 3, ch. 81-318;...

350.113 - Florida Public Service Regulatory Trust Fund; Moneys to Be Deposited Therein. - (1) There is hereby created in the State Treasury a...

350.115 - Uniform Systems and Classifications of Accounts. - History.—ss. 3, 6, ch. 80-289; ss. 2, 3, ch. 81-318;...

350.117 - Reports; Audits. - (1) The commission may require such regular or emergency reports,...

350.121 - Commission Inquiries; Confidentiality of Business Material. - History.—ss. 3, 6, ch. 80-289; ss. 2, 3, ch. 81-318;...

350.123 - Oaths; Depositions; Protective Orders. - History.—ss. 3, 6, ch. 80-289; ss. 2, 3, ch. 81-318;...

350.124 - Compelled Testimony. - History.—ss. 3, 6, ch. 80-289; ss. 2, 3, ch. 81-318;...

350.125 - Administrative Law Judges. - History.—ss. 3, 6, ch. 80-289; ss. 2, 3, ch. 81-318;...

350.127 - Penalties; Rules; Execution of Contracts. - (1) The commission may impose upon any regulated company that...

350.128 - Judicial Review. - (1) As authorized by s. 3(b)(2), Art. V of the...

350.81 - Communications Services Offered by Governmental Entities. - (1) As used in this section, the term: (a) “Advanced...

Chapter 351 - Railroads

351.03 - Railroad-Highway Grade-Crossing Warning Signs and Signals; Audible Warnings; Exercise of Reasonable Care; Blocking Highways, Roads, and Streets During Darkness. - (1) Every railroad company shall exercise reasonable care for the...

351.034 - Railroad-Highway Grade Crossings to Be Cleared for Emergency Vehicles. - (1) An ambulance operated by public authority or by private...

351.35 - Railroad Tracks and Related Equipment; Safety Rules; Penalties. - (1) The Department of Transportation shall adopt rules requiring companies...

351.36 - Railroad Safety Inspections and Inspectors. - (1) The Department of Transportation shall employ competent safety inspectors...

351.37 - Railroad Safety. - History.—s. 3, ch. 78-88; s. 5, ch. 80-289; ss. 2,...

Chapter 354 - Special Officers for Carriers

354.01 - Appointment of Special Officers. - History.—s. 1, ch. 8539, 1921; CGL 6653; s. 5, ch....

354.02 - Powers. - History.—s. 2, ch. 8539, 1921; CGL 6654; s. 5, ch....

354.03 - Bond. - History.—s. 3, ch. 8539, 1921; CGL 6655; ss. 12, 35,...

354.04 - Compensation. - History.—s. 4, ch. 8539, 1921; CGL 6656; s. 5, ch....

354.05 - Term of Office; Removal. - History.—s. 5, ch. 8539, 1921; CGL 6657; s. 1, ch....

354.07 - Suit for Damages on Bond. - History.—s. 7, ch. 8539, 1921; CGL 6659; s. 5, ch....

Chapter 361 - Public Utilities: Special Powers

Part I - Eminent Domain Rights (Ss. 361.01-361.08)

361.01 - Eminent domain. - History.—s. 10, ch. 1639, 1868; RS 2158; GS 2683; RGS...

361.02 - Constructing dams for waterpower. - History.—s. 1, ch. 5198, 1903; GS 2684; RGS 4112; CGL...

361.025 - Right of eminent domain to railroad companies. - History.—ss. 6, 16, ch. 82-90; s. 3, ch. 83-113; s....

361.03 - Right of eminent domain to electric railway companies. - History.—s. 1, ch. 5018, 1901; GS 2685; RGS 4113; CGL...

361.04 - Right of eminent domain to waterworks companies. - History.—s. 1, ch. 4165, 1893; GS 2686; RGS 4114; CGL...

361.05 - Right of eminent domain to natural gas companies. - History.—s. 1, ch. 26893, 1951; s. 13, ch. 92-284; s....

361.06 - Right of eminent domain to petroleum and petroleum products pipeline companies. - History.—s. 1, ch. 57-1983; s. 1, ch. 69-300.

361.07 - Right of eminent domain to companies owning and operating sewer or wastewater reuse systems. - History.—s. 2, ch. 65-248; s. 10, ch. 93-51; s. 545,...

361.08 - Right of eminent domain to coal pipeline companies. - (1) It is the intent of the Legislature that the...

Part II - Joint Electric Power Supply Projects (Ss. 361.10-361.18)

361.10 - Purpose. - History.—s. 1, ch. 75-200.

361.11 - Definitions. - (1) “Project” means a joint electric power supply project and...

361.12 - Joint electric power supply project. - (1) Any other electric utility; (2) Any organization, association, or...

361.13 - Powers. - (1) To plan, finance, acquire, construct, purchase, operate, maintain, use,...

361.14 - Limitation on joint ownership of project or output thereof. - History.—s. 5, ch. 75-200; s. 6, ch. 82-53.

361.15 - Issuance of bonds. - History.—s. 6, ch. 75-200.

361.16 - Powers supplemental. - History.—s. 7, ch. 75-200.

361.17 - Project taxing power; interests subject to taxation. - History.—s. 8, ch. 75-200.

361.18 - Construction. - (1) The provisions of this part, being necessary for the...

Chapter 362 - Special Powers of Telegraph and Telephone Companies

362.01 - Powers to Occupy Roads. - History.—s. 1, ch. 782, 1856; RS 2256; s. 1, ch....

362.02 - Powers of Eminent Domain. - History.—s. 1, ch. 5211, 1903; GS 2821; RGS 4374; CGL...

Chapter 364 - Communications Services

364.01 - Powers of Commission, Legislative Intent. - (1) The Florida Public Service Commission shall exercise over and...

364.011 - Exemptions From Commission Jurisdiction. - (1) Intrastate interexchange telecommunications services. (2) Broadband services, regardless of...

364.012 - Consistency With Federal Law. - (1) In order to promote commission coordination with federal policymakers...

364.013 - Emerging and Advanced Services. - History.—s. 13, ch. 2005-132; s. 3, ch. 2009-226.

364.015 - Injunctive Relief. - History.—s. 1, ch. 93-35.

364.016 - Travel Costs. - History.—s. 2, ch. 93-35.

364.02 - Definitions. - (1) “Basic local telecommunications service” means voice-grade, single-line, flat-rate residential...

364.0361 - Local Government Authority; Nondiscriminatory Exercise. - History.—s. 33, ch. 95-403; s. 5, ch. 2003-32; s. 15,...

364.04 - Schedules of Rates, Tolls, Rentals, and Charges; Filing; Public Inspection. - (1) Every telecommunications company shall publish through electronic or physical...

364.10 - Lifeline Service. - (1)(a) An eligible telecommunications carrier shall provide a Lifeline Assistance...

364.105 - Discounted Rate for Basic Service for Former Lifeline Subscribers. - History.—s. 3, ch. 98-277; s. 18, ch. 2009-226; s. 59,...

364.107 - Public Records Exemption; Lifeline Assistance Plan Participants. - (1) Personal identifying information of a participant in a telecommunications...

364.16 - Local Interconnection, Unbundling, and Resale. - (1) The Legislature finds that the competitive provision of local...

364.163 - Network Access Services. - History.—s. 17, ch. 95-403; s. 4, ch. 98-277; s. 14,...

364.183 - Access to Company Records. - (1) The commission shall have access to all records of...

364.195 - Termination of Telecommunications Service Contract by a Servicemember. - (1) Any servicemember, as defined in s. 250.01, may terminate...

364.24 - Penalty for Making Telephone Message or Customer Account Information Known. - (1) Except as otherwise deemed by law, any officer or...

364.245 - Discontinuation of Telecommunications Service Used for Unlawful Purpose. - (1) A customer of a telecommunications company operating within the...

364.285 - Penalties. - (1) The commission shall have the power to impose upon...

364.30 - Telecommunications Companies; Points of Connection. - (1) Any telecommunications company operating within the state subject to...

364.32 - Definitions Applicable to S. 364.33. - (1) “Person” means: (a) Any natural person, firm, association, county,...

364.33 - Certificate of Necessity or Authority. - History.—s. 1, ch. 28013, 1953; s. 1, ch. 63-279; s....

364.335 - Application for Certificate of Authority. - (1) Each applicant for a certificate of authority shall: (a)...

364.336 - Regulatory Assessment Fees. - (1) Notwithstanding any law to the contrary, each telecommunications company...

364.3375 - Pay Telephone Service Providers. - (1)(a) A person may not provide pay telephone service without...

364.381 - Judicial Review. - History.—s. 30, ch. 80-36; s. 2, ch. 81-318; ss. 6,...

364.385 - Saving Clauses. - History.—s. 29, ch. 80-36; s. 2, ch. 81-318; ss. 6,...

364.386 - Reports to the Legislature. - (1)(a) The commission shall submit to the President of the...

Chapter 365 - Use of Telephones and Facsimile Machines

365.16 - Obscene or Harassing Telephone Calls. - (1) Whoever: (a) Makes a telephone call to a location...

365.161 - Prohibition of Certain Obscene Telephone Communications; Penalty. - (1) For purposes of this section, the term: (a) “Deviate...

365.1657 - Intrastate Use of Facsimile Machine for Unsolicited Advertising; Prohibition; Penalties; Injunctive Relief. - (1) It is unlawful for any person to use a...

365.171 - Emergency Communications Number E911 State Plan. - (1) SHORT TITLE.—This section may be cited as the “Florida...

365.172 - Emergency Communications Number “e911.” - (1) SHORT TITLE.—This section may be cited as the “Emergency...

365.173 - Communications Number E911 System Fund. - (1) REVENUES.— (a) Revenues derived from the fee levied on...

365.174 - Proprietary Confidential Business Information. - (1)(a) All proprietary confidential business information submitted by a provider...

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...

365.176 - Florida Call-Blocking Act. - (1) This section may be cited as the “Florida Call-Blocking...

365.177 - Transfer of E911 Calls Between Systems. - (1) The office shall develop a plan by February 1,...

365.179 - Direct Radio Communication Between 911 Public Safety Answering Points and First Responders. - (1) As used in this section, the term: (a) “First...

Chapter 366 - Public Utilities

366.01 - Legislative Declaration. - History.—s. 1, ch. 26545, 1951; s. 3, ch. 76-168; s....

366.015 - Interagency Liaison. - History.—s. 6, ch. 74-196; s. 3, ch. 76-168; s. 1,...

366.02 - Definitions. - (1) “Attaching entity” means a person that is a local...

366.03 - General Duties of Public Utility. - History.—s. 3, ch. 26545, 1951; s. 3, ch. 76-168; s....

366.031 - Definitions; Preference Relating to Cable Television Prohibited; Penalties. - (1) As used in this section, the term: (a) “Affiliate,”...

366.032 - Preemption Over Utility Service Restrictions. - (1) A municipality, county, special district, or other political subdivision...

366.04 - Jurisdiction of Commission. - (1) In addition to its existing functions, the commission shall...

366.041 - Rate Fixing; Adequacy of Facilities as Criterion. - (1) In fixing the just, reasonable, and compensatory rates, charges,...

366.05 - Powers. - (1)(a) In the exercise of such jurisdiction, the commission shall...

366.051 - Cogeneration; Small Power Production; Commission Jurisdiction. - History.—ss. 5, 22, ch. 89-292; s. 4, ch. 91-429.

366.055 - Availability Of, and Payment For, Energy Reserves. - (1) Energy reserves of all utilities in the Florida energy...

366.06 - Rates; Procedure for Fixing and Changing. - (1) A public utility shall not, directly or indirectly, charge...

366.07 - Rates; Adjustment. - History.—s. 7, ch. 26545, 1951; s. 24, ch. 57-1; s....

366.071 - Interim Rates; Procedure. - (1) The commission may, during any proceeding for a change...

366.072 - Rate Adjustment Orders. - History.—s. 1, ch. 78-137; s. 10, ch. 80-35; s. 2,...

366.075 - Experimental and Transitional Rates. - (1) The commission is authorized to approve rates on an...

366.076 - Limited Proceedings; Rules on Subsequent Adjustments. - (1) Upon petition or its own motion, the commission may...

366.08 - Investigations, Inspections; Power of Commission. - History.—s. 8, ch. 26545, 1951; s. 3, ch. 76-168; s....

366.09 - Incrimination at Hearing of Commission. - History.—s. 9, ch. 26545, 1951; s. 3, ch. 76-168; s....

366.093 - Public Utility Records; Confidentiality. - (1) The commission shall continue to have reasonable access to...

366.095 - Penalties. - History.—ss. 2, 15, ch. 82-25; ss. 12, 20, 22, ch....

366.10 - Judicial Review. - History.—s. 10, ch. 26545, 1951; s. 3, ch. 76-168; s....

366.11 - Certain Exemptions. - (1) No provision of this chapter shall apply in any...

366.125 - Natural Gas Jurisdiction Limits. - History.—ss. 4, 15, ch. 82-25; ss. 20, 22, ch. 89-292;...

366.13 - Taxes, Not Affected. - History.—s. 13A, ch. 26545, 1951; s. 3, ch. 76-168; s....

366.14 - Regulatory Assessment Fees. - (1) For each public utility that supplies electricity, 0.125 percent...

366.15 - Medically Essential Electric Public Utility Service. - (1) As used in this section, the term “medically essential”...

366.80 - Short Title. - History.—s. 5, ch. 80-65; s. 2, ch. 81-318; ss. 20,...

366.81 - Legislative Findings and Intent. - History.—s. 5, ch. 80-65; s. 2, ch. 81-318; ss. 14,...

366.82 - Definition; Goals; Plans; Programs; Annual Reports; Energy Audits. - (1) For the purposes of ss. 366.80-366.83 and 403.519: (a)...

366.825 - Clean Air Act Compliance; Definitions; Goals; Plans. - (1) For the purposes of this section, reference to the...

366.8255 - Environmental Cost Recovery. - (1) As used in this section, the term: (a) “Electric...

366.8260 - Storm-Recovery Financing. - (1) DEFINITIONS.—As used in this section, the term: (a) “Ancillary...

366.83 - Certain Laws Not Applicable; Saving Clause. - History.—s. 5, ch. 80-65; s. 2, ch. 81-318; ss. 20,...

366.91 - Renewable Energy. - (1) The Legislature finds that it is in the public...

366.92 - Florida Renewable Energy Policy. - (1) It is the intent of the Legislature to promote...

366.93 - Cost Recovery for the Siting, Design, Licensing, and Construction of Nuclear and Integrated Gasification Combined Cycle Power Plants. - (1) As used in this section, the term: (a) “Cost”...

366.94 - Electric Vehicle Charging Stations. - (1) The provision of electric vehicle charging to the public...

366.95 - Financing for Certain Nuclear Generating Asset Retirement or Abandonment Costs. - (1) DEFINITIONS.—As used in this section, the term: (a) “Ancillary...

366.96 - Storm Protection Plan Cost Recovery. - (1) The Legislature finds that: (a) During extreme weather conditions,...

366.97 - Redundant Poles; Transfer of Ownership. - (1) Pole owners shall provide at least 180 calendar days’...

Chapter 367 - Water and Wastewater Systems

367.011 - Jurisdiction; Legislative Intent. - (1) This chapter may be cited as the “Water and...

367.021 - Definitions. - (1) “Certificate of authorization” means a document issued by the...

367.022 - Exemptions. - (1) The sale, distribution, or furnishing of bottled water. (2)...

367.031 - Original Certificate. - History.—s. 1, ch. 71-278; s. 3, ch. 76-168; s. 1,...

367.045 - Certificate of Authorization; Application and Amendment Procedures. - (1) When a utility applies for an initial certificate of...

367.071 - Sale, Assignment, or Transfer of Certificate of Authorization, Facilities, or Control. - (1) No utility shall sell, assign, or transfer its certificate...

367.072 - Petition to Revoke Certificate of Authorization. - (1)(a) If the commission receives a letter from the customers...

367.081 - Rates; Procedure for Fixing and Changing. - (1) Except as provided in subsection (4) or subsection (6),...

367.0812 - Rate Fixing; Quality of Water Service as Criterion. - (1) In fixing rates that are just, reasonable, compensatory, and...

367.0813 - Gain or Loss on Purchase or Condemnation by Governmental Authority. - History.—s. 2, ch. 2004-336.

367.0814 - Staff Assistance in Changing Rates and Charges; Interim Rates. - (1) The commission may establish rules by which a water...

367.0817 - Reuse Projects. - (1) A utility may submit a reuse project plan for...

367.082 - Interim Rates; Procedure. - (1) The commission may, during any proceeding for a change...

367.0822 - Limited Proceedings. - (1) Upon petition or by its own motion, the commission...

367.083 - Determination of Official Date of Filing. - History.—ss. 4, 26, ch. 80-99; ss. 2, 3, ch. 81-318;...

367.084 - Rate Adjustment Orders. - History.—ss. 12, 27, ch. 89-353; s. 4, ch. 91-429.

367.091 - Rates, Tariffs; New Class of Service. - (1) All applications for new rates or changes in rates...

367.101 - Charges for Service Availability. - (1) The commission shall set just and reasonable charges and...

367.111 - Service. - (1) Each utility shall provide service to the area described...

367.121 - Powers of Commission. - (1) In the exercise of its jurisdiction, the commission shall...

367.1213 - Adequate Land Ownership; Commission Rulemaking Authority. - History.—s. 2, ch. 98-42.

367.1214 - Utility Name Change; Notification; Commission Rulemaking Authority. - History.—s. 3, ch. 98-42.

367.122 - Examination and Testing of Meters. - (1) The commission may provide for the examination and testing...

367.123 - Service for Resale. - History.—s. 1, ch. 71-278; s. 3, ch. 76-168; s. 1,...

367.145 - Regulatory Assessment and Application Fees. - (1) The commission shall set by rule a regulatory assessment...

367.156 - Public Utility Records; Confidentiality. - (1) The commission shall continue to have reasonable access to...

367.161 - Penalties. - (1) If any utility, by any authorized officer, agent, or...

367.165 - Abandonment. - (1) A person, lessee, trustee, or receiver that owns, operates,...

367.171 - Effectiveness of This Chapter. - (1) The provisions of this chapter shall become effective in...

367.182 - Saving Clause. - History.—s. 24, ch. 80-99; s. 2, ch. 81-318; ss. 24,...

Chapter 368 - Gas Transmission and Distribution

Part I - Gas Safety Law of 1967 (Ss. 368.01-368.061)

368.01 - Short title. - History.—s. 1, ch. 59-304; s. 1, ch. 67-379.

368.021 - Applicability. - History.—s. 2, ch. 67-379; s. 1, ch. 69-248; s. 13,...

368.03 - Purpose and legislative intent. - History.—s. 2, ch. 59-304; s. 3, ch. 67-379.

368.05 - Commission jurisdiction; rules. - (1) In addition to its existing functions, the Florida Public...

368.061 - Penalty. - (1) Any person who violates any provision of this part,...

Part II - Natural Gas Transmission Pipeline Intrastate Regulatory Act (Ss. 368.101-368.112)

368.101 - Short title. - History.—s. 2, ch. 92-284.

368.102 - Legislative declaration. - History.—s. 3, ch. 92-284.

368.103 - Definitions. - (1) “Affiliated,” when used in relation to any person, means...

368.104 - Jurisdiction, authority to ensure compliance; rate regulation. - History.—s. 5, ch. 92-284.

368.105 - Rates and services; just and reasonable and not unduly discriminatory. - (1) Every natural gas transmission company shall file with the...

368.106 - Statement of intent to increase rates; major changes; hearing; suspension of rate schedules; determination of rate level. - (1) Except when a rate is deemed just and reasonable...

368.107 - Unreasonable or violative existing rates and services. - History.—s. 8, ch. 92-284.

368.108 - Confidentiality; discovery. - (1) The commission shall continue to have reasonable access to...

368.1085 - Travel costs. - History.—s. 14, ch. 93-35.

368.109 - Regulatory assessment fees. - History.—s. 10, ch. 92-284.

368.111 - Penalties. - History.—s. 11, ch. 92-284.

368.1115 - Injunctive relief. - History.—s. 15, ch. 93-35.

368.112 - Judicial review. - History.—s. 12, ch. 92-284.

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Florida Statutes Title XXVII - Railroads and Other Regulated Utilities

Florida Statutes
Title XXVII - Railroads and Other Regulated Utilities