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The Florida Statutes

The 2009 Florida Statutes

Chapter 364
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Section 364.05, Florida Statutes 2009

364.05  Changing rates, tolls, rentals, contracts, or charges.--

(1)  Unless the commission otherwise orders, a change may not be made in any rate, toll, rental, contract, or charge which has been filed and published by any telecommunications company in compliance with the requirements of s. 364.04, except after 60 days' notice to the commission and the publication for 60 days as required by that section in the case of original schedules, which notice shall plainly state the changes proposed to be made in the schedule then in force and the time when the changed rate, toll, rental, contract, or charge will go into effect. All proposed changes shall be shown by printing, filing, and publishing new schedules or shall be plainly indicated upon the schedules in force at the time and kept open to public inspection.

(2)  The commission, for good cause shown, may allow changes in rates, tolls, rentals, contracts, or charges without requiring the 60 days' notice and publication by an order specifying the change to be made, the time when it shall take effect, and the manner in which the change shall be filed and published.

(3)  A change may not be made in any rate, toll, rental, contract, or charge prescribed by the commission without its consent or without a hearing, if requested by a substantially affected party prior to the date the rates go into effect. A hearing may be held after a change in rates goes into effect, provided that, in the case of an increase in rates, the portion of the rates reflecting the difference between the previous rate and the new rate is subject to refund pending the outcome of the hearing.

(4)  Nothing contained in this section shall require the commission to hold a hearing with respect to a rate change within a previously authorized range of rates.

(5)  Pending a final order by the commission in any rate proceeding under this section, the commission may withhold consent to the operation of all or any portion of the new rate schedules, delivering to the telecommunications company requesting such increase, within 60 days, a reason or written statement of good cause for withholding its consent. Such consent may not be withheld for a period longer than 8 months after the date of filing the new schedules. The new rates or any portion not consented to may, at the option of the company, go into effect under bond or corporate undertaking at the end of such period, but the commission shall, by order, require such telecommunications company to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts were paid and, upon completion of hearing and final decision in such proceeding, shall by further order require such telecommunications company to refund with interest at a fair rate, to be determined by the commission in such manner as it may direct, such portion of the increased rate or charge as by its decision shall be found not justified. Any portion of such refund not thus refunded to patrons or customers of the telecommunications company shall be refunded or disposed of by the telecommunications company as the commission may direct; however, such funds may not accrue to the benefit of the telecommunications company. The commission shall take final commission action in the docket and enter its final order within 12 months after the commencement date for final agency action. As used in this section, "commencement date for final agency action" means the date upon which it has been determined by the commission or its designee that the telecommunications company has filed with the clerk the minimum filing requirements as established by rule of the commission. Within 30 days after receipt of the application, rate request, or other written document for which the commencement date for final agency action is to be established, the commission or its designee shall either determine the commencement date for final agency action or issue a statement of deficiencies to the applicant, specifically listing why the applicant has failed to meet the minimum filing requirements. The statement of deficiencies shall be binding upon the commission to the extent that, once the deficiencies in the statement are satisfied, the commencement date for final agency action shall be promptly established as provided in this section. Thereafter, within 15 days after the applicant indicates to the commission that it believes that it has met the minimum filing requirements, the commission or its designee shall either determine the commencement date for final agency action or specifically enumerate in writing why the requirements have not been met, in which case this procedure shall be repeated until the commencement date for final agency action is established. When the commission initiates a proceeding, the commencement date for final agency action shall be the date upon which the order initiating the proceeding is issued.

History.--s. 5, ch. 6525, 1913; RGS 4397; CGL 6361; s. 3, ch. 74-195; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 142, ch. 79-400; ss. 5, 32, ch. 80-36; s. 213, ch. 81-259; s. 2, ch. 81-318; s. 2, ch. 83-73; ss. 6, 7, ch. 89-163; ss. 8, 48, 49, ch. 90-244; s. 4, ch. 91-429.

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