The 2023 Florida Statutes (including Special Session C)
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. . . See 3 CollieR on Bankruptcy ¶ 364.01, at 364-3 (Alan N. Resnick & Henry J. . . . CollieR, supra, ¶ 364.01, at 364-3 to -4. . . .
. . . Section 364.01(4)(a), Florida Statutes (2005), requires the PSC to “[p]rotect the public health, safety . . . the PSC’s authority vis-a-vis ILECs derives in part from the legislative mandate contained in section 364.01 . . . See § 364.01(2), Fla. . . . Additionally, section 364.01(4)(a)-(i) defines the Commission’s scope of authority, including the power . . . The PSC is required by sections 364.051(4)(b) and 364.01(l)(4)(a) to consider the reasonableness of the . . .
. . . municipal telecommunications services do not promote any of the goals set forth above from section 364.01 . . .
. . . competition by various entities, including municipalities, was to promote the goals set forth in section 364.01 . . . as a matter of law without considering whether the services promoted the goals set forth in section 364.01 . . . II because they were used to provide telecommunication services that promoted the goals of section 364.01 . . . Section 364.01(3), Florida Statutes (2002), provides in part, “The Legislature finds that the competitive . . .
. . . .” § 364.01(3), Fla. Stat. (2004). . . . municipal telecommunications services do not promote any of the goals set forth above from section 364.01 . . . that, furthermore, since municipalities are not required to further one of the goals stated in section 364.01 . . .
. . . in my view, undeniable tension and resulting conflict between section 364.164(l)(a)-(b) and section 364.01 . . . consumer “benefits” that is broader than the simple price and affordability construct that drives section 364.01 . . . Section 364.01(4)(a) reiterates the PSC’s ongoing duty to ensure that basic local phone service is available . . . basic local telecommunications services for certain of Florida’s citizens in contravention of section 364.01 . . . However apparent and inevitable the clash between section 364.164(l)(a)-(b) and section 364.01(4)(a) . . . Further, under section 364.01(4)(a), the Commission has an ongoing duty to “ensur[e] that basic local . . . provisions and mandate of section 364.164 and rejecting the argument that it failed to consider section 364.01 . . . this appeal is whether the Commission has acted in accord with the legislative mandates of sections 364.01 . . . See § 364.01(3), (4)(b),(e). . . . discretion in determining that “granting the petitions is consistent with the requirement [of section 364.01 . . .
. . . See § 364.01, Fla. Stat. (2003); Gulf Power Co., 635 So.2d at 101. . . .
. . . The exclusive jurisdiction in section 364.01 to regulate telecommunications gives the Commission the . . . the Corn-mission that the Commission’s broad authority to regulate telephone companies under section 364.01 . . . powers and duties granted by the Legislature, overrules this Court’s holding in Beard that section 364.01 . . . The FCC’s Local Competition Order In addition to relying upon section 364.01 for authority, the Commission . . . Section 364.01(2) states, "It is the legislative intent to give exclusive jurisdiction in all matters . . .
. . . . § 51.505; § 364.01(4)(a), Fla. Stat. (2002). . . .
. . . See § 364.01, Fla. Stat. (2001); Florida Interexchange Carriers Ass’n v. . . . the provision of alternative local exchange telecommunications service shall be consistent with s. 364.01 . . . For example, section 364.01(4) gives the PSC broad regulatory powers over the telecommunications industry . . . See § 364.01(4), Fla. Stat. (2001). . . .
. . . exclusive jurisdiction over the regulation of pay phones located on private property under section 364.01 . . . municipality has jurisdiction to regulate pay phones located in the public rights-of-way under section 364.01 . . . In relevant part, section 364.01(2), Florida Statutes provides that: It is the legislative intent to . . . The district court ruled that the Right-of-Way Ordinance was not preempted by section 364.01(4), Florida . . . As discussed above, under section 364.01(2), Florida Statutes, local governments retain jurisdiction . . .
. . . The court first examined section 364.01(2), Florida Statutes (1999), which reads: It is the legislative . . .
. . . See § 364.01, Fla. Stat. (1999). . . . Section 364.01 provides the PSC with broad regulatory powers regarding the telecommunications industry . . . Specifically, section 364.01(2) provides: It is the legislative intent to give exclusive jurisdiction . . . BellSouth to make over-earnings refunds did not (and could not, based on the limiting language in section 364.01 . . .
. . . Preemption by Florida State Law Under Florida Statutes § 364.01(2), the Florida Public Service Commission . . . As stated previously, under § 364.01(2), local governments are preempted from regulating telecommunications . . .
. . . Moreover, the Commission maintains that section 364.01(3) grants it regulatory oversight to promote the . . . For example, section 364.01 still gives the Commission broad regulatory powers with regard to the telecommunications . . . See § 364.01(2), Fla. . . . Additionally, section 364.01(4)(a)-(i) defines the Commission’s scope of authority, including the power . . . section 364.051 indicates that price-regulated companies are exempt from the provisions in section 364.01 . . .
. . . . § 364.01. . . . Stat. § 364.01(2); Fla. Stat. § 337.401. . . .
. . . . § 364.01. . . . Stat. § 364.01(2); Fla. Stat. § 337.401. . . .
. . . Section 364.01(3)(a), Florida Statutes (1993), charges the PSC with exercising its exclusive jurisdiction . . . We therefore conclude that the PSC had the implied authority under section 364.01(3)(a) to order the . . .
. . . . § 364.01(3), Fla. Stat. (1995). . . . Id. § 364.01(4). . . . .
. . . .”); 1 Collier Bankruptcy Man ual ¶ 364.01, at 1 (3d ed. 1995) (“Section 364 now governs all obtaining . . .
. . . .”); 1 Collier Bankruptcy Man ual ¶ 364.01, at 1 (3d ed. 1995) (“Section 364 now governs all obtaining . . .
. . . See § 364.01(3)(a)-(f), Fla.Stat. (1991). The Commission’s order gives effect to these purposes. . . .
. . . In our judgment, section 364.01(2), Florida Statutes (1989), provides an express preemption from county . . .
. . . . §§ 364.01 and 364.183, Fla.Stat. (1991). . . . Section 364.01(3), Florida Statutes, (1991) provides in pertinent part: (3) The commission shall exercise . . .
. . . . § 364.01(2), Fla.Stat. (1991). . . . We find, however, that section 364.01, Florida Statutes (1991), gives the Commission exclusive jurisdiction . . . The exclusive jurisdiction in section 364.01 to regulate telecommunications gives the Commission the . . . The exclusive jurisdiction in section 364.01 gives the Commission the authority to determine local calling . . . Section 364.01(2), Florida Statutes (1991), provides in pertinent part: It is the legislative intent . . .
. . . . §§ 364.01, 364.02(3), 364.03(1), 364.035, 364.04(1), 364.05(1), and 364.19; see also § 350.001 (“The . . .
. . . . §364.01. 2. . . . F.S. §364.01. 3. . . .
. . . . § 364.01. . . . Chapter 364 concludes by stating that: “Violation of the rights established in sections 364.01 to 364.10 . . . forth in chapter 15, the administrative procedure act. 364.07 Application The provisions of sections 364.01 . . . a crime or crimes but only in the same manner and to the same ■ effect as provided for in sections 364.01 . . . Nothing in sections 364.01 to 364.10 shall be construed to otherwise affect relevant proceedings involving . . .
. . . at page 202 held that the ruling of this court was “understandable in view of the provisions of F.S. 364.01 . . . See Florida Statutes §§364.01(2), 364.14(2) and 364.15. . . .
. . . . §364.01(2), Florida Statutes; United States v. Western Pacific R. Co., 352 U.S. 59, 65-67, 1 L. . . . exclusive jurisdiction over controversies involving the reasonableness of rate and tariff structures. §364.01 . . .
. . . . § 364.01(2), F.S.A. granting exclusive jurisdiction of all matters set forth in Parts 1 and 2 of Ch . . .
. . . The legislative intent is clearly expressed in §364.01(2) and particular reference to the regulatory . . .
. . . 364.41 (2) (d), Florida Statutes, which is set out below — “Notwithstanding any provisions of sections 364.01 . . . this part shall not be construed to mean a ‘telephone company’ under the provisions of said sections 364.01 . . . carrier shall have any of the powers, rights or duties provided for and prescribed by said sections 364.01 . . .
. . . commission exclusive jurisdiction in exercising the various functions described in chapter 364, stating in §364.01 . . .
. . . See F.S. 364.01, et seq. 2. . . .