Ch. 363 RATES AND LIABILITIES OF TELEGRAPH COMPANIES, … · Ch. 364 REGULATION OF TELEGRAPH AND TELEPHONE COMPANIES, ETC. Ch.364 this part includes a corporation, company, as sociation

Ch. 363 RATES AND LIABILITIES OF TELEGRAPH COMPANIES, ETC. Ch. 363

363.10, the burden of proof shall be upon the defendant to show to the satisfaction of the jury, or if there be no jury, to the satisfaction of the judge trying the case, by a preponderance of the evidence, that such defendant was free from fault in and about the transmission and delivery of any telegram received for transmission and delivery.

Blstory.-§l. ch. 6522. 1913; ROS 4388; COL 6352. ct.-§1.01(3) "Person" defined.

363.07 Assessing damages.-The jury, or the judge where there is no jury, trying any case arising under §363.06 shall assess the damages to be awarded the plaintiff or plaintiM8.

HI.tory.-§2. ch. 6622, 1913; RGS 4389; CGL 6368.

363.08 Cipher messages.-Persons engaged in the business of transmitting telegrams into or out of this state, or from one point to another point within this state, shall be liable in damages to the sender and addressee, jointly or severally, of any telegram in cipher received for transmission into or out of this state, or from one point to another point within this state, for damages resulting from the negligent failure of such person to promptly transmit and deliver any such telegram in cipher, in the same manner and to the same extent as if such telegram was not in cipher;

provided, that the provisions of this section shall not apply to telegrams relating to sickness or death.

Hlator1'.-§3, ch. 6622, 1913; RGS 4390; CGL 6364.

363.09 Presumption as to notice of contents. -The receipt of a telegram for transmission by any person engaged in the telegraph , business in this state, shall be deemed and held to be notice to such person that such telegram is of importance requiring prompt and correct transmission and delivery.

HI8tor1'.-§4, ch. 6622, 1913; RGS 4391; CGL 6365.

363.10 Contracts limiting liability illegal.All provisions and stipulations contained in any contract relieving or exempting, or having the effect to relieve or exempt any person engaged in the telegraph business in this state, from the liabilities imposed by law, or purporting to limit the time in which suits may be brought against such person for negligent failure to perform any duty imposed by law, or assumed by any such person to a period of time shorter than the time provided by the statute of limitation of this state, are declared to be against the public policy of this state, to be illegal and void, and no court in this state shall give effect to any such provisions or stipulation contained in any contract whatsoever.

BI8tor,..-§5. ch. 6522. 1913; ROB 4392; COL 6356. ct.-19S.ll. Limitation ot time upon actions.

1801

Ch. 364 REGULATION OF TELEGRAPH AND TELEPHONE COMPANIES, ETC. Ch. 364

CHAPTER 364

REGULATION OF TELEGRAPH AND TELEPHONE COMPANIES, AND RADIO COMMON CARRIERS

PART I TELEGRAPH AND TELEPHONE COMPANIES (§§364.01-364.40)

PART II RADIO COMMON CARRIERS (§§364.41-364.43)

PART I

TELEGRAPH AND TELEPHONE COMPANIES

364.01

364.02

364.03

364.04

364.05 364.06 364.07

364.08

364.09

364.10

364.11

364.12

364.13

364.14

364.15

364.16 364.17

364.18

364.19

Powers of commissioners, legislative intent.

Terms used in part I of this chapter defined.

Rates to be reasonable; performance of service; maintaining facilities, etc.

Schedule of rates, etc., to be filed with commissioners ; copy of schedule for use of public, etc.

Changing rates, tolls, rentals, etc. Joint rates , tolls, etc. Joint contracts to be filed with com

missioners. Unlawful to charge other than sched

ule rates, etc., free service and reduced rates prohibited.

Giving rebate or special rate prohibited.

Undue advantage to person or locality prohibited.

Short and long transmission of long distance message.

Transmission of messages of other companies.

Commissioners may require installation of stations, etc.

Readjustment of rates, charges, tolls, etc.; hearing; order compelling facilities to be installed, etc.

Compelling repairs or improvements; order.

Connection of lines, and transfers. Annual and special reports to commis

sioners; may prescribe forms of records, etc. ; examiners; accounts and records.

Inspection of accounts and records of companies.

Regulation of telephone service contracts.

364.01 Powers of commissioners, legislative intent.-

(1) The Florida Public Service Commissioners of this state shall exercise over and in relation to telegraph companies and telephone companies the powers by part I of this chapter conferred.

(2) It is the legislative intent to give exclusive jurisdiction in all matters set forth in parts I and II of chapter 364 to the Florida Public Service Commission in regulating telegraph and telephone and radio common car-

364.20

364.21

364.22

364.23

364.24

364.25

364.26

364.27

364.28 364.29 364.30

364.31

364.32 364.33

364.34 364.35

364.36

364.37

364.38

364.39

364.40

Power to prescribe rules; rule of evidence; rules to be reasonable; presumptions in favor of commissioners, etc.

Penalty for violations; procedure for enforcement.

Penalty for illegal telegraph company charges.

Penalty for disclosing contents of telegrams.

Penalty for making known telephone messages.

Power to summon witnesses, issue writs, and punish contempts.

Practice before, by, and against commissioners in relation to rates, etc.

Powers and duties as to interstate rates, etc.

Judicial powers. Construction of part I. Telephone companies; use of outlets,

etc. Reports of violation of gambling laws;

facilities for ascertaining violations; penalty.

Definitions; § §364.33-364.40. Certificate of necessity prerequisite to

construction, operation or control of telephone line, plant, system.

Application for certificate. Issuance of certificate; powers of com

mission. Issuance of certificate; construction,

operation existing on May 19, 1953. Controversy concerning territory to be

served; powers of commission. Unlawful construction; operation of

telephone lines, plant, system; powers of commission.

Authority under certificate to be exercised within reasonable time.

Penalty for violations of §§364.32-364.39.

riers and such preemption shall supersede any local or special act or municipal charter where any conflict of authority may exist.

Hlstory.-§§1-4. ch. 6186. 1911; Hl-6. ch. 6187. 1911; fl. ch . 6525, 1913 ; RGS 4393 ; CGL 6357; II, ch. 63-279; II, ch. 65-52; I I , ch. 67-541 . cf .-Ch. 350, Florida public service commission.

364.02 Terms used in part I of this chapter defined.-

(1) The term "commissioners," when used in this part, means the Public Service Commissioners of the state.

(2) The term "corporation," when used in

1802

Ch. 364 REGULATION OF TELEGRAPH AND TELEPHONE COMPANIES, ETC. Ch.364

this part includes a corporation, company, association or joint stock association.

(3) The term "service," is used in this part in its broadest and most inclusive sense.

(4) The term "telephone company," when used in this part, includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever, and every city or town owning, operating or managing any telephone line or part of telephone line used in the conduct of the business of affording telephonic communication service for hire within this state.

(5) The term "telephone line," when used in this part, includes conduits, ducts, poles, wires, cables, cross-arms, receivers, transmitters, instruments, machines, appliances, instrumentalities and all devices, including radio and other advancements of the art of telephony, real estate, easements, apparatus, property and routes used and operated to facilitate the business of affording telephonic communication service to the public for hire within this state.

(6) The term "telegraph company," when used in this part includes every corporation, company, association, joint stock association, partnership and person, their lessees, trustees or receivers appointed by any court whatsoever owning, operating or managing any telegraph line or part of telegraph line used in the conduct of the business of affording for hire communication by telegraph within this state.

(7) The term "telegraph line," when used in this part, includes conduits, poles, wires, cabl~s, cro~s-arms, ins~r~ments, machines, apphances, InstrumentalIties and all devices including radio and other advancement,s ot'the art of telegraphy, real estate, easements, apparatus, property and routes used and operated to facilitate the business of affording communication service by telegraph to the public for hire within this state.

Hlstory.-§2. ch. 6525. 1913; RGS 4394; CGL 6358; §1. ch. 63-279; §1. ch. 65-52 ; §t. ch. 65-45l.

364.03 Rates to be reasonable; performance of service; maintaining facilities, etc.-

(1) All rates, tolls, contracts and charges, rules and regulations of telephone companies and t~legraph companies, for messages, conversatIOns, services rendered and equipment and facilities supplied, whether such message conversation or service to be performed be ove; one company or line or over or by two or more companies or lines, shall be fair, just, reasonable and sufficient, and the service so to be rendered any person, by any telephone or telegraph company shall be rendered and performed in a prompt, expeditious and efficient manner and the facilities, instrumentalities and equipment furnished by it shall be safe, kept in good condition and repair, and its appliances, instrumentalities and service shall be modern, adequate, sufficient and efficient.

(2) Every telephone company and every telegraph company operating in this state shall provide and maintain suitable and adequate

buildings and facilities therein, or connected therewith, for the accommodation, comfort and convenience of its patrons and employees.

(3) Every telephone company shall, upon reasonable notice, furnish to all persons who may apply therefor and be reasonably entitled thereto suitable and proper facilities and connections for telephonic communications and furnish telephone service as demanded upon terms to be approved by the commissioners.

Hlstor,..-§3. ch. 6525. 1913; ROB 4395; COL 6359.

364.04 Schedule of rates, etc., to be filed with commissioners; copy of schedule for use of public, etc.-

(1) Upon order of the commissioners, every telephone company and every telegraph company shall file with the commissioners and shall print and keep open to public inspection at such points as the commissioners may designate, schedules showing the rates, tolls, rentals, contracts and charges of such companies for messages, conversations and services rendered and equipment and facilities supplied for messages and service to be performed within the state between each point upon its line and all other points thereon, and between each point upon its line and all points upon every other similar line operated or controlled by it, and between each point on its line or upon any line leased, operated or controlled by it and all points upon the line of any other similar company, whenever a through service and joint rate shall have been established or ordered between any two such points.

(2) If no joint rate covering a through service has been established, the several companies in such through service shall file, print and keep open to public inspection as aforesaid the separately established rates, tolls, rentals, contracts, and charges applicable for such through service.

(3) The schedule printed as aforesaid shall plainly state the places between which telephone or telegraph service, or both, will be rendered, and shall also state separately all charges and all privileges or facilities granted or allowed, and any rules or regulations or forms of contract which may in any wise change, affect or determine any of the aggregate of the rates, tolls, rentals or charges for the service rendered.

(4) A schedule shall be plainly printed in large type, and a copy thereof shall be kept by every telephone company and telegraph company readily accessible to and for convenient inspection by the public at such places as may be designated by the commissioners, which schedule shall state the rates charged from such station to every other station on such company's line, or on any line controlled and used by it within the state. All or any of such schedules kept as aforesaid shall be immediately produced by such telephone company or telegraph company upon the demand of any person.

(5) A notice printed in bold type, and stat-

Ch.364 REGULATION OF TELEGRAPH AND TELEPHONE COMPANIES, ETC. Ch.364

ing that such schedules are on file and open to inspection by any person, the places where the same are kept, and that the agent will assist such person to determine from such schedules any rate, toll, rental, rule or regulation which is in force shall be kept posted by every telephone company and telegraph company in a conspicuous place in every station or office of such company. The commissioners may require compliance with the foregoing provisions either in whole, or in part.

Wstor)' .-§4, ch. 6525, 1813; ROS 4396; COL 6380.

364.05 Changing rates, tolls, rentals, etc.(1) Unless the commissioners otherwise or

der, no change shall be made in any rate, toll, rental, contract or charge, which shall have been filed and published by any telephone or telegraph company in compliance with the requirements of §364.04, except after thirty days' notice to the commissioners and the publication for thirty days as required in the case of original schedules in said section, 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, 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 commissioners, for good cause shown, may allow changes in rates, charges, tolls, rentals or contracts without requiring the thirty days' notice and publication herein provided for, by an order specifying the change so to be made and the time when it shall take effect, and the manner in which the same shall be filed and published.

(3) When any change is made in any rate, toll, contract, rental or charge, the effect of which is to increase any rate, toll, rental or charge then existing, attention shall be directed on the copy filed with the commissioners to such increase by some character immediately preceding or following the item in such schedule, which character shall be in such form as the commissioners may designate. No change shall be made in any rate, toll, rental, contract or charge prescribed by the commissioners without their consent.

Wstor)'.-15, ch. 6526, 1913; ROS 4397; COL 6361.

364.06 Joint rates, tolls, etc.-The names of the several companies which are parties to any joint rates, tolls, contracts or charges of telephone companies and telegraph companies for messages, conversations and service to be rendered shall be specified therein, and each of the parties thereto, other than the one filing the same, shall file with the commissioners such evidence of concurrence therein or acceptance thereof as may be required or approved by the commissioners; and where such evidence of concurrence or acceptance is filed, it shall not be necessary for the companies filing the same to also file copies of the tariff

in which they are named as parties. Hletol')'.-§6, ch. 6625, 1913; RGS 4398; CGL 6362.

364.07 Joint contracts to be filed with commissioners. - Every telephone company and every telegraph company shall file with the commissioners, as and when required by them, a copy of any contract, agreement or arrangement in writing with any other telephone company or telegraph company, or with any other corporation, association or person relating in any way to the construction, maintenance or use of a telephone line or telegraph line or service by, or rates and charges over and upon, any such telephone line or telegraph line.

Hl.tol')'.-§7. ch. 6625. 1913; RGS 4399; CGL 6363.

364.08 Unlawful to charge other than scheduJe rates, etc., free service and reduced rates prohibited.-

(1) No telephone or telegraph company shall charge. demand, collect or receive for any service rendered or to be rendered any compensation other than the charge applicable to such service as specified in its schedule on file and in effect at that time, nor shall any telephone company or telegraph company refund or remit, directly or indirectly, any portion of the rate or charge so specified, nor extend to any person any advantage of contract or agreement or the benefit of any rule or regulation or any privilege or facility not regularly and uniformly extended to all persons under like circumstances for like or substantially similar service.

(2) No telephone company or telegraph company subject to the provisions of this part shall. directly or indirectly, give any free or reduced service or any free pass or frank for the transmission of messages by either telephone or telegraph between points within this state; provided, that it shall be lawful in this state to issue exchange passes and franks, and grant free and reduced service, and contract for exchange of services by and between common carriers, as defined by and provided for in the act of congress entitled "An act to regulate commerce," and acts amendatory thereof and supplemental thereto.

Hl.tory.-§8. ch. 6525. 1913; RGS 4400; CGL 81164.

364.09 Giving rebate or special rate prohibited.-No telegraph or telephone company shall, directly or indirectly, or by any special rate, rebate, drawback or other device or method, charge, demand, collect or receive from any person a greater or less compensation for any service rendered or to be rendered with respect to communication by telegraph or telephone or in connection therewith, except as authorized in this part than it charges, demands, collects or receives from any other person for doing a like and contemporaneous service with respect to communication by telegraph or telephone under the same or substantially the same circumstances and conditions.

Hl.tOl')'.-§9. ch. 6625. 1913; RGS 4401; CGL 88815.

1804


364.10 Undue advantage to person or locality prohibited.-N 0 telegraph company or telephone company shall make or give any undue or unreasonable preference or advantage to any person or locality, or subject any particular person or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

lUatory.-§lO, ch. 6626, 1913; RGS 4402; CGL 6366.

364.11 Short and long transmission of long distance message.-No telephone or telegraph company subject to the provisions of this part shall charge or receive any greater compensation in the aggregate for the transmission of any long distance conversation or message of like kind for a shorter than for a longer distance over the same line, in the same direction, within this state, the shorter being included within the longer distance, or charge any greater compensation for a through service than the aggregate of the intermediate rates subject to the provisions of this part but this shall not be construed as authorizing any such telephone company or telegraph company to charge and receive as great a compensation for a shorter as for a longer distance. Upon application of any telephone company or telegraph company the commissioners may, by order, authorize it to charge less for longer than for a shorter distance service for the transmission of conversation or messages in special cases after investigation, but the order must specify and prescribe the extent to which the telephone company or telegraph company making such application is relieved from the operation of this section, and only to the extent so specified and prescribed shall any telephone company or telegraph company be relieved from the requirements of this section.

H18tory.-§l2, ch. 6626, 1913; RGS 4404; CGL 6368.

364.12 Transmission of messages of other companies.-Every telegraph company operating in this state shall receive, transmit and deliver without discrimination or delay, the messages of any other telegraph company.

H18tou.-113, ch. 6626. 1913; RGS 4406: CGL 6869.

364.13 Commissioners may require installation of stations, etc.:-The commissioners shall have power to require the installation and maintenance of telegraph station or telephone toll station now in existence or respective telegraph or telephone lines as may be reasonably necessary for the public convenience and not unjustly burdensome to the company. No telegraph station or telephone toll station now in existence or which may hereafter be established shall be discontinued without the consent of the commissioners.

Hlstory.-§14, ch. 6626, 1913; RGS 4406; CGL 6370.

364.14 Readjustment of rates, charges, tolls, etc.; hearing; order compelling facilities to be installed, etc.-

(1) Whenever the commissioners shall find,

after a hearing had upon their own motion or upon complaint, that the rates, charges, tolls or rentals demanded, exacted, charged or collected by any telegraph company or telephone company for the transmission of messages by telegraph or telephone, or for the rental or use of any telegraph line, telephone line or any telegraph instrument, wire, appliance, apparatus or device or any telephone receiver, transmitter, instrument, wire, cable, apparatus, conduit, machine, appliance or device, or any telephone extension or extension system, or that the rules, regulations or practices of any telegraph company or telephone company affecting such rates, charges, tolls, rentals or service are unjust, unreasonable, unjustly discriminatory or unduly preferential, or in any wise in violation of law, or that such rates, charges, tolls or rentals are insufficient to yield reasonable compensation for the service rendered, the commissioners shall determine the just and reasonable rates, charges, tolls or rentals to be thereafter observed and in force, and fix the same by order as hereinafter provided.

(2) Whenever the commissioners shall find, after such hearing that the rules, regulations or practices of any telegraph company or telephone company are unjust or unreasonable, or that the equipment facilities or service of any telegraph company or telephone company are inadequate, inefficient, improper or insufficient the commissioners shall determine the just, reasonable, proper, adequate and efficient rules, regulations, practices, equipment, facilities and service to be thereafter installed, observed and used and fix the same by order or rule as hereinafter provided.

H18tory.-§l6, ch. 6626, 1918; RGS 4407; CGL 6871.

364.15 Compelling repairs or improvements; order.-Whenever the commissioners shall find after a hearing had on their own motion or upon complaint, that repairs or improvements to, or changes in, any telegraph line or telephone line ought reasonably to be made, or that any additions or extensions should reasonably be made thereto, in order to promote the security or convenience of the public or employees, or in order to secure adequate service or facilities for telegraphic or telephonic communications, the commissioners shall make and serve an order directing that such repairs, improvements, changes, additions or extensions be made in the manner to be specified therein.

HI8tory.-§l6, ch. 6526, 1918; RGS 4408; CGL 6872.

364.16 Connection of lines, and transfers.Whenever the commissioner shall find that any two or more telephone companies, whose lines form a continuous line of communication, or could be made to do so by the construction and maintenance of suitable connections for the transfer of messages or conversations at common points between different localities which are not reached by the line of either company alone, and that such connections or facilities for the transfer of messages or con-

1805


versations at common points can reasonably be made, and efficient service obtained and that a necessity exists therefor, or shall find that any two or more telegraph or telephone companies have failed to establish joint rates or charges for service by or over their said lines and that joint rates or charges ought to be established, the commissioners may, by their order, require such connection to be made, and that messages be transferred, and prescribe through lines and joint rates and charges to be made, and to be used, observed and in force in the future, and fix the same by order to be served upon the company or companies affected. Provided, however, that the commissioners shall not be authorized to require physical connection of telephone lines owned by different telephone companies where such connection would give interchange of local telephone service between such different telephone companies in the same municipality; and provided further, that the commissioners shall not be authorized to require physical connection between the toll lines owned by different telephone companies when or where all the points reached by the lines sought to be connected are already connected by a through toll line of a telephone company giving adequate service.

Bldor,..-§17. ch. 6525. 1913; ROB 4409; COL 6373.

364.17 Annual and special reports to commissioners; may prescribe forms of records, etc.; examiners; accounts and records.-

(1) Unless otherwise ordered by the commissioners, every telegraph company and every telephone company shall ann ually furnish to the commissioners, a report in such form as the commissioners may require, and shall specifically answer all questions propounded to it by the commissioners, upon or concerning which the commissioners may need information.

(2) Such annual report shall show in detail the amount of capital stock issued, the amounts paid therefor and the manner of payment for same, the dividends paid, the surplus if any, and the number of stockholders, the funded and floating debts and the interest paid thereon, the cost and value of the company's property, franchises and equipment, the number of employees and the salaries paid each class, the accidents to employees and other persons and the cost thereof, the amounts expended for improvements each year, how expended, and the character of such improvements, the earnings or receipts from each franchise or business and from all sources, the proportion thereof earned from business done wholly within the state and the proportion earned from interstate business, the nature of the business showing the percentage the business of each class bears to the total business, the operating and other expenses and the proportion of such expenses incurred in transacting business wholly within the state and the proportion incurred in transacting interstate business, such division to be shown according to such rules of

division as the commissioners may prescribe, the balance of profits and loss, and a complete exhibit of the financial operation of the company each year, including an annual balance sheet.

(3) Such report shall also contain such information in relation to rates, charges or regulations concerning fares, charges or tolls or agreements, arrangements or contracts affecting the same, as the commissioners may require; and the commissioners may, in their discretion, for the purpose of enabling them to better carry out the provisions of this part, prescribe the period of time within which all companies subject to the provisions of this part shall have, as near as may be, a uniform system of accounts, and the manner in which such accounts shall be kept.

(4) Such detailed report shall contain all the required statistics for the period of twelve months ending on the last day of any particular month prescribed by the commissioners for any such company.

(5) Such reports shall be made out under oath and filed with the commissioners at their office in Tallahassee within three months after the close of the designated year for which such report is made, unless additional time be granted in any case by the commissioners.

(6) The commissioners shall have authority to require any such company to file monthly reports of earnings and expenses, and to file periodical or special, or both periodical and special, reports concerning any matter about which the commissioners are authorized or required by this or any other law, to inquire into or keep themselves informed, or which it is required to enforce, such periodical or special reports to be under oath whenever the commissioners so require. The commissioners may, in their discretion, prescribe the forms of any and all accounts, records and memoranda to be kept by such companies, including the accounts, records and memoranda of the business done, the receipts and expenditures of money.

(7) The commissioners shall at all times have access to all accounts, records and memoranda kept by such companies, and may employ special agents or examiners, who shall have power to administer oaths and authority, under the order of the commissioners, to examine witnesses and to inspect and examine any and all accounts, records and memoranda kept by such companies.

(8) The commissioners may, in their discretion, prescribe the forms of any and all reports, accounts, records and memoranda to be furnished and kept by any public service company whose lines extend beyond the limits of this state, which are operated partly within and partly without the state, so that the same shall show any information required by the commissioners concerning the business done, receipts and expenditures appertaining to those parts of the line within the state; provided,

1806


that the forms of any and all accounts, records and memoranda prescribed by the commissioners to be kept by companies which are subject to the interstate commerce act shall conform, whenever in the opinion of the commissioners it is practicable, to the forms and accounts, records and memoranda prescribed by the Interstate Commerce Commission.

History .-~ 18. ch. 6525. 1913 ; ROS 4410; COL 6374 .

364.18 Inspection of accounts and records of companies.-The commissioners in person, or by one of their number, or by any person by them employed for the purpose, may inspect the accounts, books, records and papers of telegraph companies and telephone companies, examine the agents and employees of such companies and require reports of such companies, in the same manner and to the same extent that the law may from time to time authorize the exercise of such power over railroads, railroad companies and other common carriers under the jurisdiction of said commissioners.

History.-§21, ch. 6525, 1913; ROS 4413; COL 6377.

364.19 Regulation of telephone service contracts.-The commissioners may regulate by reasonable rules the terms of telephone service contracts between telephone companies and their patrons.

History .-§ 19, ch. 6525, 1913 ; ROS 4411 ; COL 6375.

364.20 Power to prescribe rules; rule of evidence; rules to be reasonable; presumptions in favor of commissioners, etc.-The commissioners may prescribe all rules and regulations appropriate for the execution of any of the powers conferred upon them by law either in express terms or by implication. All rules and regulations made and prescribed by the commissioners shall be prima facie evidence. Every rule, regulation, schedule, order or requirement heretofore or hereafter made by the commissioners shall be deemed and held to be within their jurisdiction and their powers, and to be reasonable and just and such as ought to have been made in the premises and to have been properly made and arrived at in due form of procedure and such as can and ought to be executed, unless the contrary plainly appears on the face thereof or can be made to appear by clear and satisfactory evidence, and shall not be set aside or held invalid unless the contrary so every action of the commissioners and all doubts appears. All presumptions shall be in favor of as to their jurisdiction and powers shall be resolved in their favor, it being intended that the laws relative to the commissioners shall be deemed remedial laws to be construed liberally to further the legislative intent to regulate and control in the public interest the persons and corporations under their jurisdiction, If in any proceeding to enforce any rules, regulations, schedules or order any part thereof shall be found invalid the court shall proceed

to enforce such portion thereof as may be valid if the same can be done.

History.-§20. ch. 6525, 1913 ; ROS 4412; COL 6376; §1, ch. 63-279.

364.21 Penalty for violations; procedure for enforcement.-If any telegraph company or telephone company doing business in this state shall, by any officer, agent or employee, be guilty of a violation or disregard of any rate, schedule, rule, regulation, order or requirement provided or prescribed by said commissioners, or shall fail to make any report required to be made under the provisions of this part, or shall otherwise violate any provision of this part, such company shall thereby incur a penalty for each such offense of not more than five thousand dollars. The practice or procedure before the commissioners to ascertain whether any such company has incurred any such penalty and the practice and procedure for the enforcement and collection of any such penalty after the same has been imposed by the commissioners shall conform to the practice and procedure now prescribed or which may be hereafter from time to time prescribed for observance in like cases arising under the law for the regulation of railroads. railroad companies and other common carriers.

Hlstory.-§22, ch. 6525, 1913; ROB 4414 ; COL 6378.

364.22 Penalty for illegal telegraph company charges.-Any agent, officer or employee of any telegraph company in this state who charges greater tolls or rates than those allowed by law, shall be punished by imprisonment not exceeding six months or by fine not exceeding one thousand dollars.

Hlstory .-§2, ch. 3609, 1885; RS 2722; OS 3714 ; ROS 5690; COL 7904. ct.-§775.06 Alternative punishment.

364.23 Penalty for disclosing contents of telegrams.-Any officer or person in the employ of any telegraph company or person in charge of any office or place where messages are sent or received by magnetic telegraph, who discloses to any person other than the person to whom the telegraphic message is directed or in any manner makes known to any other person any part of the contents of any communication sent or received by himself on any telegraph line in this state, without the consent of the person sending or from whom such message may be received, shall be punished by imprisonment not exceeding six months or by fine not exceeding five hundred dollars. This section shall not prevent the delivery of any such telegraphic message to the partner or confidential clerk or member of the family of any person to whom such message may be directed.

Wstory.-§10, sub-ch. 10, ch. 1637, 1868; RS 2734 ; OS 3729; ROS 5754; COL 7984.

364.24 Penalty for making known telephone messages.-Any officer or person in the employ of any telephone company, or person in charge of any office, exchange or place where messages or communications are sent, received

1807


or heard by telephone, who shall disclose or make known to any person other than the person to whom the telephone message or communication is directed, or their duly authorized agent, partner, clerk, or some member of his family, any part of the contents or substance of any message or communication sent, received or heard by him, by telephone, by reason of the position he occupies or fills, without consent of person sending or receiving such message or communication, shall be punished by a fine not exceeding one hundred dollars, or by imprisonment not exceeding thirty days.

Blstory.-§l, ch. 5210, 1903; OB 3730; ROB 5755; COL 7985. cf.-§775.06 Alternative punishment.

364.25 Power to summon witnesses, issue writs, and punish contempts.-The commissioners, in their procedure under this part, may summon witnesses, issue writs and punish contempts in the same manner and to the same extent that the law may from time to time authorize the exercise of such powers in like cases arising unrler the law for the regulation of railroads, railroad companies and other common carriers.

mstory.-§23, ch. 6525, 1913; ROB 4,415; COL 6379.

364.26 Practice before, by, and against commissioners in relation to ratea, etc.-In all matters of practice and procedure and all matters of evidence and the rules of evidence and all matters involving the effect of evidence in proceedings before the commissioners and in proceedings by the commissioners to enforce their rates, rules, regulations, orders and requirements and in proceedings against the commissioners in relation to rates, rules, regulations, orders and requirements prescribed by them, the provisions of law now existing, or which may be from time to time prescribed, for observance in like cases arising under the law for the regulation of railroads, railroad companies and common carriers, shall govern and control.

Blstor,..-§24, ch. 6525, 1913; ROB 4,416; COL 6380.

364.27 Powers and duties as to interstate rates, etc.-The commissioners shall investigate all interstate rates, fares, charges, classifications or rules or practice in relation thereto, for or in relation to the transmission of messages or conversations, where any act in relation thereto shall take place within this state, and when the same are, in the opinion of the commission, excessive or discriminatory, or are levied or laid in violation of the act of congress entitled "An act to regulate commerce," approved February 4, 1887, and the acts amendatory thereof and supplementary thereto, or in conflict with the rulings, orders or regulations of the interstate commerce commission, the commission shall apply, by petition, to the interstate commerce commission for relief, and may present to the interstate commerce commission all facts coming to their

knowledge as to violation of the rulings, orders or regulations of that commission or as to violations of the said act to regulate commerce, or acts amendatory thereof or supplementary thereto.

m.tory.-§25, ch. 8525, 1913; ROB 01417; . COL 6381.

364.28 Judicial powers.-The commissioners shall, so far as the constitution of this state permits, exercise all such judicial powers as may be necessary to enable them to do, enforce or perform any duty, power or function conferred on them by this part.

HIBtory.-§26. ch. 6626. 1913; RGS 4418; CGL 6382.

364.29 Construction of part I.-It is the purpose of this part to confer only such power and authority as this state may lawfully confer and only such power and authority as may be exercised wlthout interference with interstate commerce and without any contravention of the constitution or laws of the United States; and this part shall in all instances be construed in accordance with this express purpose.

Hlstory.-§27. ch. 6626. 1913; RGS 4419; CGL 6383.

364.30 Telephone companies; use of outlets, etc.-

(1) Any telephone company, independent or otherwise, operating within the state subject to the provisions of part I, having more than one point of connection or outlet with or through any other telephone company, is hereby authorized and permitted to use and enjoy any of its said points of connection or outlets on any call at any time the same is not in use, and the company with which the telephone call is initiated shall be the sole judge in each instance as to whether the convenience and necessity of its own subscribers, the facility with which the connection and call may be completed, and its financial welfare are best served by the routing selected by the company receiving any such individual call; and under no circumstances shall any telephone company having two or more points of connection or outlets with any other company be required by the connecting company to route all or any specific number of its calls through anyone connection at the will of the connecting company.

(2) Any connecting telephone company refusing to give and make a connection with the company through which the call was initially placed, over any connecting point or outlet not in use, shall be guilty of violating the provisions of this section and after hearing before the commissioners of this state, which shall be instituted by a petition setting forth the facts constituting the violation as hereinabove provided, and reasonable notice to the offending or connecting company, on being found guilty of such violation, shall be fined by order of said commission the sum of one hundred dollars for each such violation, which sum shall be paid within thirty days of the entry of such order. On failure to pay such fine within thirty days, a certified copy of such order shall be

1808


filed with the clerk of the circuit court of the county in which such violation occurred, and the same shall be a lien against all of the property of the connecting company guilty of such violation. Thereafter said fine, with interest at six per cent per annum, beginning at the end of such thirty-day period, may be enforced and collected as a judgment at law.

History.-§§ I , 2, ch. 22073, 1943; §1, ch . 63-279.

364.31 Reports of violation of gambling laws; facilities for ascertaining violations; penalty.-

(1) All public utilities furnishing communication facilities either to the public or by contract, their agents and employees, are charged with the affirmative duty of reporting to the Florida public service commission and the sheriff of the affec,ted county any information obtained in any manner that any communication facility or service is being used in violation of the laws of the state having for their purpose the prohibiting of bookmaking or other gambling.

(2) It is the duty of public utilities to provide all reasonable means to ascertain if any of its facilities are being used in violation of any of the laws of the state having for their purpose the prohibiting of bookmaking or other gambling.

(3) All public utilities are charged with knowledge of the contents of any message or communication which in the regular course of its business comes clearly within its knowledge, or that of its employees or agents, and it shall be the duty of the public utility to report the contents of such messages to the Florida public service commission when any such message is for the purpose of aiding or abetting gambling, and it shall be the duty of all employees or agents of public utilities to report in writing such knowledge either to the responsible officials of the public utility by which they are employed or directly to the commissioners.

(4) Any person or public utility refusing or failing to comply with the requirements of this section, shall be guilty of a misdemeanor and, upon conviction thereof, shall be sentenced to pay the costs of prosecution and a fine of not less than five hundred dollars, nor more than five thousand dollars, or undergo imprisonment for a period not to exceed twelve months, or both, at the discretion of the court; provided further, that the Florida public service commission under its general authority and rule making power may impose penalties in the enforcement of the requirements herein or of similar requirements provided by its rules; provided, however, that no public utility shall be liable at law or in equity for any damages or penalties either civil or criminal because of the disclosure to the Florida public service commission of the contents of any message resulting from its compliance with the provisions of this section, or of any

rule, regulation, order or action of the commissioners pursuant to this section.

(5) This section shall be deemed an exercise of the police power of the state for the protection of the public welfare, health, peace, safety and morals of the people of the state, and all of t.he provisions of this section shall be liberally construed for the accomplishment of this purpose.

(6) Nothing contained in this section shall be construed as amending or repealing the provisions of any other law or affecting in anywise the general powers of the commission, but is intended to be supplemental thereto.

(7) Nothing contained herein shall be construed to permit or require any violation of the provisions of §605 of the federal communications act of 1934.

History.-§§1-7, ch. 26720, 1951 ; II, ch. 63- 279 ; II , ch. 65-52.

364.32 Definitions; §§364.33-364.40.-In construing §§364.33-364.40, when applied to any line, plant or system or any extension thereof used or to be used in the furnishing of telephone service, where the context so permits, the following words, phrases or terms shall be given the meaning hereafter stated:

(1) The term "person" means: (a) Any natural person, firm, association,

corporation, business, trust or partnership owning, leasing or operating any line, facility or system used in the furnishing of public telephone service within this state; and

(b) A cooperative, nonprofit, membership corporation, or limited dividend or mutual association, now or hereafter created, with respect to that part or portion of its operations devoted to the furnishing of telephone service within this state.

(2) The term "commission" shall mean the Florida public service commission.

(3) The term "municipality" shall mean a city or town duly incorporated pursuant to the laws of the state.

(4) The term "territory" shall mean any area, whether within or without the boundaries of a municipality.

HistorY.- 19, ch . 28013, 1953; §24, ch. 57-1; §t, ch. 63-279 ; §t, ch. 65-52 .

364.33 Certificate of necessity prerequisite to construction, operation or control of telephone line, plant, system. - No person shall hereafter begin the construction or operation of any telephone line, plant or system, or any extension thereof, or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the commis'sion a certificate that the present or future public convenience and necessity require or will require such construction, operation or acq uisition; provided § §364.32-364.40 shall not require, nor shall it be so construed as to require, any such person to secure a certificate for an extension within any municipality within which such person has heretofore lawfully commenced operations, or for any extension

1809


within or to territory already served by such person, necessary in the ordinary course of business, or for substitute facilities within or to any municipality or territory already served by such person, or for any extension into territory contiguous to that already served by such person and not receiving similar service from another such person when no certificate of convenience and necessity has been issued to or applied for by any other person, or for the acquisition and operation of any line, plant or system heretofore constructed or hereafter constructed under authority of a certificate of convenience and necessity hereafter issued or for the construction of which no such certificate was, under the provisions of this law, required.

History.-§I. ch. 28013, 1953 ; §l, ch. 63-279; 11, ch. 65-52.

364.34 Application for certificate.-The application for such certificate of convenience and necessity shall be under such rules and regulations as the commission may, from time to time, prescribe. Upon the receipt of any such application for such certificate, the commission shall cause notice thereof, stating a time and place for hearing, to be given by mail or personal service to the chief executive officer of the municipality or municipalities affected, if any, and to any person occupying the territory affected, and shall publish such notice once a week for three consecutive weeks in some newspaper of general circulation in each territory affected.

History.-§2, ch. 28013, 1953.

364.35 Issuance of certificate; powers of commission.-

(1) The commission shall have power, after hearing, to issue said certificate of convenience and necessity, as prayed for, or to refuse to issue the same, or to issue it for the construction, operation, or acquisition of a portion only of the contemplated line, plant or system, or extension thereof.

(2) The commission shall not grant a certificate for a proposed plant, line, or system. or extension thereof, which will be in competition with or duplication of any other plant, line or system, unless it shall first determine that the existing facilities are inadequate to meet the reasonable needs of the public, or that the person operating the same is unable to or refuses or neglects, after hearing, on reasonable notice, to provide reasonably adequate service.

History.- §§3, 7, ch . 28013, 1953.

364.36 Issuance of certificate; construction, operation existing on May 19, 1953.-Any person engaged in the construction or operation of any line, plant or system, or any extension thereof, on May 19, 1953 shall be entitled to receive a certificate of convenience and necessity from the commission authorizing such person to continue the construction or operation of such line, plant or system, or extension there-

of, in the territory professed to be served by such person on May 19, 1953, if within sixty days thereafter such person files maps with the commission showing his existing lines and facilities, his lines or extensions thereof under construction, and the territory professed to be served by such person.

History.-§4, ch. 28013 , 1953.

364.37 Controversy concerning territory to be served; powers of commission.-If any person in constructing or extending his line, plant, or system unreasonably interferes or is about unreasonably to interfere with any line, plant, system or service of any other person, or if a controversy arises between any two or more persons with respect to the territory professed to be served by each, the commission on its own initiative or on complaint of any person claiming to be injuriously affected, may, after hearing, on reasonable notice, make such order and prescribe such terms and conditions with respect thereto as are just and reasonable.

Hlstory .- 15, ch. 28013, 1953.

364.38 Unlawful construction; operation of telephone lines, plant, system; powers of commission.-Whenever any person engages or is about to engage in the construction, operation or acquisition of any line, plant or system without having secured a certificate of convenience and necessity as required by §364.33, any interested person may file a complaint with the commission. The commission may, with or without notice, make its order requiring the person complained of to cease and desist from such construction, operation or acquisition until the commission makes and files its decision on said complaint or until the further order of the commission. The commission may after hearing, after reasonable notice, make such order and prescribe such terms and conditions with respect thereto as are just and reasonable.

History.-§6, ch. 28013, 1953.

364.39 Authority under certificate to be exercised within reasonable tim e.-Any person obtaining a certificate of convenience and necessity hereunder for any territory shall exercise said authority within a reasonable time. Ifsuch person fails or refuses to provide reasonably adequate service to such territory after notice and a reasonable opportunity to do so, the commission, in addition to other powers provided by law, shall have power to issue a certificate to any other person willing and able to provide reasonably adequate service to such territory.

History.-§8, ch. 28013, 1953.

364.40 Penalty for violations of § § 364.32-364.39.-The provisions of § § 350.36 and 364.21, as now or hereafter amended, shall be applicable to any and all violations by any person of any of the provisions of §§364.32-364.39.

History.-§10, ch. 28013 , 1953.

1810


PART II

RADIO COMMON CARRIERS

364.41 Regulation of radio common carriers. 364.43 Penalty for violation. 364.42 Power to prescribe rules .

364.41 Regulation of radio common carriers. commenced operations, or for any extension -(1) The Florida public service commission within or to territory already served by such shall exercise over and in relation to radio carrier, necessary in the ordinary course of common carriers the powers conferred by part business, or for substitute facilities within II of this chapter. or to any municipality or territory already

(2) (a) The word "commission" when used served by such carrier, or for any extension in this part, means the Florida public service into territory contiguous to that already served commission. by such carrier and not rec~iving similar se~v

(b) The word "commis'sioners" when used ice from another such carner when no certIfiin this part, means the commissioners of the cate of convenience and necessity has been isFlorida public service commission. sued to or applied for by any other radio

(c) The term "radio common carriers" when common carrier, or for the acquisition and used in this part includes every corporation, operation of any plant or system heretofore company, association, partnership and per- constructed or hereafter constructed under ausons and lessees, trustees, or receivers, ap- thority of a certificate of convenience and pointed by any court whatsoever owning, op- necessity hereafter issued. The commissioners erating or managing a radio common carrier are hereby authorized to prescribe appropriate engaged in the business of providing a service and reasonable rules and regulations governof radio communications between mobile and ing the issuance of su ch certificates. base stations, between mobile and land sta- (5 ) Any person engaged in the construction tions, or between mobile stations, under license or operation of any radio common carrier on 3iS a miscellaneous common carrier from the the effective date of this part shall receive a federal communications commission, but not certificate of convenience and necessity from engaged in the business of providing a public the commission authorizing such person to land line message telephone service or a public continue the construction or operation of such message telegraph service. radio common carrier in the territory professed

(d) Notwithstanding any provisions of §§- to be served by Guch person on the effective 364.01-364.40, or any provision of part II, date of this part if, within sixty days after this the term "radio common carrier" as used in part becomes effective, such Derson shall file this part shall not be construed to mean a "tel- with the commission an application for such ephone company" under the provisions of said certificate, including copies of any license or §§364.01-364.40, and no such radio common licenses issued by the federal communications carrier shall have any of the powers, rights or commission to such person, showing the area duties provided for and prescribed by said professed to be served by such person. §§364.01-364.40. (6 ) The commission shall not grant a certifi-

(3) The rates of every radio common car- cate for a proposed radio common carrier rier shall be just, reasonable and not unduly operation or extension thereof which will be in preferential; the service of every ·such carrier competition with or duplication of any other shall be adequate and not unduly preferential, radio common ca rrier unless it shall first and the rules and regulations of every such determine that the existing service is inadecarrier shall be just, reasonable and not un- quate to meet the reasonable needs of the duly preferential. It shall be the duty of the public or that the person operating the same commissioners to prescribe appropriate rules is unable to or refuses or neglects after hearing and regulations, and to make such orders as on reasonable notice to provide reasonably may be necessary and proper, to insure that adequate service. such radio common carrier rates, services, rules (7 ) Each radio common carrier holding a and regulations are reasonable, just, adequate certificate from the commission may interconand not unduly preferential. nect its common carrier radio telephone facili-

(4) No radio common carrier shall begin, or ties with the telephone facilities of the telecontinue, the construction or operation of any phone company serving the area in which the mobile radio system, or any extension thereof, base station of the radio common carrier is or acquire ownership or control thereof either located, provided an agreement can be reached directly or indIrectly without first obtaining between the radio common carrier and the from the commission a certificate that the serving telephone company providing for such present or future public convenience and neces- interconnection; provided further, that when sity requires or will require such construction, an agreement cannot be reached between the operation or acquisition; provided this act shall radio common carrier and the serving telephone not require, nor shall it be so construed as to company, the radio common carrier may perequire, any such carrier to secure a certificate tition the commission for the right of interfor an extension within any municipality within connection and if the commission finds that a which such person has heretofore lawfully necessity exists therefor, such interconnec-

1811

Ch.364 REGULATION OF TELEGRAPH AND 'TELEPHONE COMPANIES, ETC. Ch.364

tion shall be ordered by the commission on such reasonable terms as shall be set by the commission.

(8) (a) Applications for certificate of public convenience and necessity authorizing operation as a radio common carrier shall be accompanied by the payment of a five hundred dollar application fee to be placed in the general revenue fund.

(b) Joint applications for transfer of radio common carrier certificates shall be accompanied by the payment of a five hundred dollar application fee to be placed in the general revenue fund.

(c) All other applications and petitions filed hereunder with the commission shall be accompanied by a ten dollar filing fee when such application or petition requires formal commission action, said fee shall be deposited in the general revenue fund.

Hlstory.-t13, 4, ch. 65-451; 11, ch. 65-52; 113, ch . 67-319.

364.42 Power to prescribe rules.-The commissioners may prescribe all rules and regulations appropriate for the execution of any of the powers conferred upon them by §364.41,

either in expressed terms or by implication. Hlstory.-§§3, 4, ch. 65-451.

364.43 Penalty for violation.-If any radio common carrier doing business in this state shall, by any officer, agent or employee, be guilty of a violation or disregard of any rate schedule, rule, regulation, order, or requirement provided or prescribed by said commissioners, or shall otherwise violate any provision of §364.41 or §364.42, such radio common carrier shall thereby incur a penalty for each such offense of not more than $5,000.00. The practice or procedure before the commissioners to ascertain whether any radio common carrier has incurred any such penalty and the practice and procedure for the enforcement and collection of any such penalty after the same has been imposed by the commissioners shall conform to the practice and procedure now prescribed or which may be hereafter from time to time prescribed for observance in like cases arising under the law for the regulation of railroads, railroad companies and other common carriers.

Hlstory.-§§3, 4, ch. 65-451.

1812

Ch. 365 REGULATION OF PRIVATE WffiE SERVICE Ch. 365

CHAPTER 365

REGULATION OF PRIVATE WIRE SERVICE

365.01 365.02

365.03

Definitions. Unlawful to furnish or

ice for gambling. Unlawful use declared

sance.

use wire serv-

a public nui-

365.04 Private wire; contract to declare purpose; exceptions.

365.05 Contracts reviewable by commissioners. 365.06 Department of legal affairs, state at

torney to assist commissioners. 365.07 Procedure for cancelling contracts. 365.08 Aggrieved parties entitled to hearing.

365.01 Definitions.-The following words, terms and phrases shall have the meanings ascribed to them in this section, unless the context clearly indicates otherwise.

(1) The term "commissioners" when used in this chapter shall mean the Florida public service commissioners of the state.

(2) "Dissemination" means the act of transmitting, distributing, advising, spreading, communicating, conveying or making known.

(3) "Person" means a corporation (including a public utility), partnership or association, as well as a natural person.

(4) "Private wire" means any and all "wire service," service equipment, facilities, conduits, poles, wires, circuits, systems by which or by means of which service is furnished for communication purposes, either through the medium of telephone, telegraph, teletypewriter, loudspeaker, radio, television, or any other means, or by which the ' voice or electrical impulses are sent over a wire, but shall not include private wires used for fire or burglar alarm purposes, nor telegraph messenger cell boxes and circuits used in connecting therewith, time clock circuits used for furnishing correct time service, nor any private wires used by any department or agency of the United States government or of this state or by any municipality or other political subdivision of this state.

(5) "Public utility" means a person, partnership, association or corporation, now or hereafter owning or operating in the state, equipment or facilities for conveying or transmitting messages or communications by telephone or telegraph to the public for compensation.

(6) The singular shall include the plural. 818&0".-f1, ch. 25016, 1949 ; (4) f1,ch. 26820, 1951; f1, ch.

83-279; fl, ch. 85-52.

365.09

365.10

365.11 365.12

365.13 365.14 365.15 365.16

Unlawful to use for purpose not in contract.

Horse race, etc., information prima facie unlawful.

Burden of proof. Florida public service commission;

powers; review of orders. Penalties. Construction. Party lines, emergency calls. Obscene or harassing telephone calls.

in furtherance of gambling or for gambling purposes.

818&0" .-12, ch . 25016, 1949.

365.03 Unlawful use declared a public nuisance.-The use of any private wire for use in the dissemination of information in furtherance of gambling or for gambling purposes is hereby declared to be a public nuisance and subject to abatement as provided for in §§60.05 and 60.06, but this remedy of injunction shall be in addition to and not in lieu of any remedy provided by this chapter or otherwise provided by law.

815&0".-13, ch. 25016, 1949.

365.04 Private wire; contract to declare purpose; exceptions.-It shall be unlawful for any public utility to furnish to any person any private wire, except in pursuance of a written contract signed by the person contracting for said private wire and responsible under the terms of the contract for the payment for the service, and by the person in possession or control of any place or location designated in the contract for installation or connection of said private wire, which contract shall include a detailed written statement of the purpose for which such private wire is intended to be used; provided, that this section shall not apply to the furnishing of any private wire in case of public emergency, or where the furnishing of the said wire is for a temporary purpose not to exceed forty-eight hours; provided, however, that this section relating to contracts shall not apply to any private wire furnished for use in radio broadcasting, or to any protective service operating under a franchise granted by any municipality, or for use in interstate commerce, for use of newspaper of general circulation, or recognized press association furnishing their news service or for use of any agricultural or marketing agency

365.02 Unlawful to furnish or use wire or broker, railroad, pipe line, common carrier, service for gambling.-It shall be unlawful for public utility furnishing service to the public any public utility knowingly to furnish to any and requiring wires for their own intercomperson any private wire for use or intended for munication purposes, or any national or state use in the dissemination of information in bank, or any licensed dealer or broker in stocks, furtherance of gambling or for gambling pur- bonds, or other securities; provided further poses, or for any person knowingly to use any that the provisions of this section relating to private wire in the dissemination of information written contracts shall not apply to customary

1813

Ch. 365 REGULATION OF PRIVATE WIRE SERVICE Ch. 365

telephone service either individual, party line, or public (pay station) service, which operate through the general telephone exchange system or toll service.

Hlstory.-14, ch. 25016, 1949; 12, ch. 26820, 1951.

365.05 Contracts reviewable by commissioners.-It shall be unlawful for any public utility to furnish to any person any private wire without first furnishing to the commissioners one duplicate original and two copies of the written contract required by §365.04. The commissioners shall examine the same forthwith and conduct such investigation as they may deem necessary, and, if upon examination of the contract, or after investigation, or otherwise at any time, the commissioners shall find that the said private wire is intended for or has been used for or is being used for the transmission of information or advices in furtherance of gambling, the commissioners shall disapprove the said contract and give notice of such disapproval to the contracting parties. Thereafter it shall be unlawful for any public utility to furnish the said private wire provided for in the said contract; provided, that this section shall not apply to the furnishing of any private wire in case of public emergency, or where the furnishing of the said private wire is for a temporary purpose not to exceed forty-eight hours.

HlstorY.-15, ch. 25016, 1949.

365.06 Department of legal affairs, state attorney to assist commissioners.-

(1) Upon receipt of the written contract, hereinabove referred to, the commissioners shall send one copy to the department of legal affairs and a copy to the state attorney of the judicial circuit in which the facilities specified in said contract are located, and it shall be the duty of the department of legal affairs and said state attorneys to assist the commissioners in making the investigations referred to in this chapter, and they shall have the right to be present at any hearing before the commissioners, to examine witnesses, present evidence and to make argument.

(2) The commissioners shall notify the public utility and the person contracting for service of the action taken or pending on the contract submitted as herein provided and if the public utility receives no such notice within fifteen days from the time such contracts are received by the commissioners, in that event the public utility may proceed to install and connect such private wire service and no such connection shall be deemed a violation of the provisions of this chapter, provided, however, that such contract shall be subject to review by the commissioners as hereinafter provided in §365.07.

Hlstory.-§6, ch. 25016, 1949 ; §Ill, 35, ch. 69-106.

into after May 4, 1949, and approved by the commissioners, shall be subject to review and examination by the commissioners under the procedure stated in §365.06 whenever a written request therefor is made upon the commissioners by the department of legal affairs, or the state attorney of any circuit in Florida, in which the said private line or any part thereof is located; and if the commissioners find that said private wire is being used for the transmission of information or advices for gambling purposes or in furtherance of gambling, the commissioners shall order the public utility to cancel said contract and give notice thereof to the contracting parties. Said notice shall be effective at the expiration of ten days from its date, and thereafter it shall be unlawful for any public utility to furnish the said private wire provided for in the said contract, unless a request for a hearing before the commissioners has been filed with pursuant to §365.08 within such ten days, in which event the order for such cancellation shall be stayed until final order of the commissioners entered after such hearing.

Hlstory.-§7, ch. 25016, 1949 ; 1111, 35, ch. 69-106 .

365.08 Aggrieved parties entitled to hearing.-

(1) Any public utility or other person party to a contract who shall feel aggrieved at the action of the commission in disapproving, canceling or otherwise terminating such contract for any private wire shall be entitled to a hearing before the commissioners upon written request; provided, however, that when the use which is prohibited by this chapter has to do with customary telephone service, either individual, party line or public telephone (pay station) service, such telephone service shall be discontinued or removed in the following manner:

(2) Each and every telephone and telegraph company operating within the state under the jurisdiction of the Florida Public Service Commission, shall furnish service subject to the condition that it will not be used for an unlawful purpose.

(3) Whenever application is made in any such utility for the installation of any telephone or telegraph facility at any location within the state, said utility shall refuse to install the same when it has reasonable grounds to believe that said facility will be used in violation of the law.

(4) Whenever any new or additional service is furnished to any applicant, the records of the utility shall show, in the case of business telephones, the business classification designated by the applicant.

(5) Whenever any such utility is notified in writing by any state or federal law enforcement officer acting within his apparent juris-

365.07 Procedure for cancelling contracts.- diction, either directly or through the Florida All contracts between a public utility and any Public Service Commission, that certain teleperson for private wire in effect on May 4, 1949 phone or telegraph facilities, or any part and all written contracts between a public thereof, are being used or have been used in utility and any person for private wire entered violation of any federal law or the laws of the

1814


state, then such utility shall disconnect and remove such facilities and discontinue all telephone and telegraph service rendered over ~~id facilities; provided, however, that ~<? . utIhty shall disconnect and remove such faclhtIes until it has given to the subscriber forty-eight hours written notice of its intention to do so and provided further, that any s~ch subscriber within such forty-eight hour perIod, may, upon a showing that special equities are involved and irreparable damage is threatened, apply to the court to stay the discontinuance or removal pending a hearing and determination by such court whether such service should be discontinue'd and the facilities removed. The forty-eight hour period prescribed herein shall commence to run from the time the written notice from the utility to the subscriber is served upon such subscriber by delivering the same to the address at which the telephone service is furnished and the facilities are located. The notice from the utility to the subscriber shall be given within twenty-four hours after receipt of notice by the utility of illegal use from any of said law enforcement officers.

(6) Whenever installation of any telepho~e or telegraph facility has been refused, or saId facility has been disconnecte~ and. servi~e thereover discontinued, under thIS section, said utility shall report the same to the commission. Any person aggrieved by the action of the utility shall be entitled to present the matter to the commission for its review and determination. If, after consideration, the commission determines that said party is entitled to said facilities and service, and that the same will not be used in the future for unlawful purposes, then and in that event, the commission may authorize the utility to provide said facilities and service.

BI.tor,.-18. cb. 25016. 111411; 13, cb. 26820, l11U; 11. ch. 29805, 1955; iI , ch. 63-279 ; i I, ch. 65-52.

365.09 Unlawful to use for purpose not in contract.-It shall be unlawful for any person, who has been furnished a private wire by any public utility in accordance with the provisions of this chapter, to use such private wire for any purpose other than that specified in the contract provided for in §365.04.

Wstory.-§9, ch. 25016, 1949.

365.10 Horse race, etc., information prima facie unlawful.-To further effectuate the purposes of this chapter, it is hereby provided that the contract first referred to in §365.04, shall constitute prima facie evidence that such private wire will be used in furtherance of gambling or for gambling purposes, where it shalJ appear in such contract, or otherwise, that such private wire will be used, is intended to be used or has been used for the dissemination of information pertaining to any horse-racing, race track, race horse, betting, betting odds or any information relative thereto.

Blstory.-§lO, ch. 25016, 1949.

365.11 Burden of proof.-In any proceeding before the commissioners under this chapter

and in any hearing or proceeding on appeal, the burden of proof shall be on the person contrac~ing for such private wire to show ~hat the I?rlvate wire has not been used, or IS not bemg used or is not intended for use in the furtherance' of gambling or for gambling purposes.

Bistory.-§ll. ch. 25016. 1949.

365.12 Florida public service commission; powers; review of orders.-For ~he purpose of enforcing the provisions of thIS chapter the Florida public service commission shall have all the powers granted to it under the l~w~ of the state. Review of orders of the comml~sIOn: ers under this chapter shall be by certI?ra.r1 by the supreme court in the mann~r and wlthm the time provided by the FlOrIda appellate rules and the statutes of the state not superseded by or in conflict with said rules.

Blstory.- §12. ch. 25016. 1949; 114, ch. 63-512 ; §l, cb. 63-279 ; §l. ch. 65-52 .

365.13 Penalties.-Any person or public utility who or which shall violate an;r of the provisions of this chapter, shall. b~ guIlty of a misdemeanor, and, upon conVICtIOn thereof, shall be sentenced to pay the costs of prosecution and a fine of not less than five hundred dollars nor more than five thousand dollars, or undergo imprisonment for a period not to exceed twelve months, or both, at the diRcretion of the court; provided, however, that no public utility shall be liable at law or in equity for any damages or penalties, either civil or criminal, for failure to provide or delay in providing service, or for any discontinuance or disconnection of service, resulting from its compliance with the provisions of this chapter or of any rule, regulation, order or action of the commissioners by virtue of the authority vested in them by this chapter.

Blstory.-§13, ch. 25016, 1949.

365.14 Construction.-This chapter shall be deemed an exercise of the police power of the state for the protection of the public welfare, health, peace, safety and morals of the people of the state, and all of the provisions of this chapter shall be liberally construed for the accomplishment of this purpose.

Blstory.-§l5. ch. 25016, 1949.

365.15 Party lines, emergency calls.-(1) Any person who shall wilfully refuse

to immediately relinquish a party line when informed that such line is needed for an emergency call, and in fact such line is needed for an emergency call, to a fire department or police department or for medical aid or ambulance service or any person who shall secure the use of a 'party line by falsely stating that such line is needed for an emergency call, shall be guilty of a misdemeanor and be punished as prescribed by law.

(2) (a) Party line as used in this section means a subscribers' line telephone circuit, consisting of two or more main telephone stations connected therewith, each station with a distinctive ring or telephone number.

(b) Emergency as used in this section

1815


means a situation in which property or human life is in jeopardy and. the prompt summoning of aid is essential.

(3) Every telephone directory hereafter published and distributed to the members of the general public in this state or in any portion thereof which lists the calling numbers of telephones of any telephone exchange located in this state shall contain a notice which explains the offense provided for in this section, such notice to be printed in type which is not smaller than the smallest type appearing on the same page and to be preceded by the word "warning" printed in bold face type; provided, that the provisions of this subdivision shall not apply to those directories distributed solely for business advertising purposes, commonly known as classified directories, nor to any telephone directory heretofore distributed to the general public. Any person, firm or corporation providing telephone service which distributes or causes to be distributed in this state copies of a telephone directory which is subject to the provisions of this section and which do not contain the notice herein provided for shall be guilty of a misdemeanor.

m.tory.-§l. ch. 63-54.

365.16 Obscene or harassing telephone calls.-

(1) Whoever by means of telephone communication:

(a) Makes any comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy, or indecent; or

(b) Makes a telephone call, whether or not conversation ensues, without disclosing his identity and with intent to annoy, abuse, threaten, or harass any person at the called number; or

(c) Makes or causes the telephone of another repeatedly or continuously to ring, with intent to harass any person at the called number; or

(d) Makes repeated telephone calls, during which conversation ensues, solely to harass any person at the called number shall, upon conviction thereof, be subject to punishment as provided in §775.07.

(2) Whoever knowingly permits any telephone under his control to be used for any purpose prohibited by this section shall, upon conviction thereof, be subject to punishment as provided in §775.07.

(3) Every telephone directory hereafter published for distribution to the members of the general public shall contain a notice which explains this law, such notice to be printed in type which is no smaller than the smallest type on the same page and to be preceded by the word "warning." The provisions of this section shall not apply to directories solely for business advertising purposes, commonly known as classified directories.

(4) All telephone companies in this state shall cooperate with the law enforcement agencies of this state in using their facilities and personnel to detect and prevent violations of this statute.

(5) Nothing contained in this section shall apply to telephone calls made in good faith in the ordinary course of business or commerce.

Bldor)'.-Ul. 2. ch. 63·51 ; fl. ch. 69-25.

1816

Ch. 366 REGULATION OF PUBLIC UTILITIES Ch. 366

CHAPTER 366

REGULATION OF PUBLIC UTILITIES

366.01 366.02 366.03 366.04

Legislative declaration. Public utility defined. General duties of public utility. Florida public service commission;

jurisdiction. 366.041 Rate fixing; adequacy of facilities as

criterion. 366.05 Powers. 366.06 Rates; procedure for fixing and chang

ing.

366.01 Legislative declaration.-The regulation of public utilities as defined herein is declared to be in the public interest and this chapter shall be deemed to be an exercise of the police power of the state for the protection of the public welfare and all the provisions hereof shall be liberally construed for the accomplishment of that purpose.

Blstory.-fl, ch . 26545, 1951.

366.02 Public utility defined. - The term public utility as used herein means and includes every person, corporation, partnership, association or other legal entity and their lessees, trustees or receivers, now or hereafter either owning, operating, managing or controlling any plant or other facility supplying electricity or gas (natural, manufactured or similar gaseous substance) to or for the public within this state, directly or indirectly for compensation; but the term "public utility" as used herein does not include either a cooperative now or hereafter organized and existing under the rural electrification cooperative law of the state nor a municipality nor any natural gas pipe line transmission company making only sales of natural gas at wholesale and to direct industrial consumers, nor a person supplying liquefied petroleum gas, in either liquid or gaseous form, irrespective of the method of distribution or delivery, unless such person also supplies electricity, manufactured or natural gas.

Wstory.-§2, ch. 26545, 1951.

366.03 General duties of public utility.Each public utility shall furnish to each person applying therefor reasonably sufficient, adequate and efficient service upon terms as required by the commission, provided, no public utility shall be required to furnish electricity or gas for resale. All rates and charges made, demanded or received by any public utility for any service rendered, or to be rendered by it, and each rule and regulation of such public utility, shall be fair and reasonable. No public utility shall make or give any undue or unreasonable preference or advantage to any person or locality, or subject the same to any undue or unreasonable prejudice or disadvantage in any respect.

Wat • ..,..-13. ch. 28545. 1951.

366.07 366.08

366.09 366.10 366.11 366.12 366.13

Rates; adjustment. Investigations, inspections; power of

commission. Incrimination at hearing of commission. Review of commission's orders. Certain exemptions. Penalty. Taxes; not affected.

366.04 Florida public service commission; jurisdiction.-In addition to its existing functions, the Florida public service commis'sion shall have jurisdiCJtion to regulate and supervise each public utility with respect to its rates, service and the issuance and sale of its securities except a security which is a note or draft ma'turing not more than one year after the date of such issuance and sale, and aggregating (together with all other then outstanding notes and drafts of a maturity of one year or less on which such public utility is liable) not more than five per cent of the par value of the other securities of the public utility then outstanding. In the case of securities having no par value, the par value for the purpose of this section shall be the fair market value as of the date of issue. The jurisdiction conferred upon said commission shall be exclusive and superior to that of all other boards, agencies, political subdivisions, municipalities, towns, villages, or counties, and in case of conflict therewith all lawful acts, orders, rules and regulations of the commission shall in each instance prevail.

8Istory.-14, ch. 26545, 1951; fl, ch. 63-288 ; 11, ch. 63-279; 11. ch. 65-52.

366.041 Rate fixing; adequacy of facilities as criterion.-

(1) In fixing the just, reasonable, and compensatory rates, charges, fares, tolls, or rentals to be observed and charged for service within the state by any and all public utilities under its jurisdiction, the Florida Public Service Commission is authorized to give consideration, among other things, to the efficiency, sufficiency, and adequacy of the facilities provided and the services rendered, the value of such service to the public, and the ability of the utility to improve such service and facilities; provided that no public utility shall be denied a reasonable rate of return upon its rate base in any order entered pursuant to such proceedings. In its consideration thereof, the commission shall have authority, and it shall be the commission's duty, to hear service complaints, if any, that may be presented by subscribers and the public during any proceedings involving such rates, charges, fares, tolls, or rentals; provided however, that no service complaints shall be taken up or considered by the commission at any proceedings involving rates, charges, fares, tolls or rentals unless the utility shall

1817


have been given at least thirty days written notice thereof and any proceeding may be extended prior to final determination for such period; and provided further that no order hereunder shall be made effective until a reasonable time shall be given the utility involved to correct the cause of service complaints considering the factor of growth in the community and availability of necessary equipment.

(2) The power and authority herein conferred upon the Florida Public Service Commission shall not cancel or amend any existing punitive powers of the commission but shall be supplementary thereto and shall be construed liberally to further the legislative intent that adequate service shall be rendered by public utilities in the state in consideration for the rates, charges, fares, tolls, and rentals fixed by said eommission and observed by said utilities under its jurisdiction.

(3) The term "public utility" as used herein means all persons or corporations which the Public Service Commission has the authority, power, and duty to regulate for the purpose of fixing rates and charges for services rendered and requiring the rendition of adequate service.

(4) Any order entered pursuant to the provisions of this section shall contain specific finding of law and fact upon which it is based and shall be fully reviewable by the supreme court as provided by law.

Blstory.-§§1-4, ch. 67-326.

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

the commission shall have power to prescribe fair and reasonable rates and charges, classifications, standards of quality and measurements, and service rules and regulations to be observed by each public utility; to prescribe uniform system and classification of accounts for all public utilities, which among other things shall set up adequate, fair and reasonable depreciation rates and charges; to require the filing by each public utility of periodic reports and all other reasonably necessary data; to require repairs, improvements, additions and extensions to the plant and equipment of any public utility reasonably necessary to promote the convenience and welfare of the public and secure adequate service or facilities for those reasonably entitled thereto; to employ and fix the compensation for such examiners, and technical, legal and clerical employees as it deems necessary to carry out the provisions of this chapter; to prescribe all rules and regulations reasonably necessary and appropriate for the administration and enforcement of this chapter; and to exercise all judicial powers, issue all writs and do all things, necessary or convenient to the full and complete exercise of its jurisdiction and the enforcement of its orders and requirements.

(2) Every public utility as defined in §366.02, who in addition to the production,

transmission, delivery or furnishing of heat. light or power also sells appliances or other merchandise, shall keep separate and individual accounts for the sale and profit deriving from such sales. No profit or loss shall be taken into consideration by the commission from the sale of such items in arriving at any rate to be charged for service by any public utility.

(3) The commission shall provide for the examination and testing of all appliances used for measuring any product or service of a public utility.

(4) Any consumer or user may have any such appliance tested upon payment of the fees fixed by the commission.

(5) The commission shall establish reasonable fees to be paid for testing such appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance be found defective or incorrect to the disadvantage of the consumer or user, in excess of the degree or amount of tolerance customarily allowed for such appliances, or as may be provided for in rules and regulations of the commission.

(6) The commission may purchase materials, apparatus, and standard measuring instruments for such examination and tests.

mstory.-15, ch. 26545, 1951.

366.06 Rates; procedure for fixing and changing.-

(1) All rates being charged and collected by a public utility on May 9, 1951, shall be the lawful rates until changed in accoL'dance with the rules, regulations or orders of the commission or court decree. Under rules and regulations to be prescribed by the commission every public utility shall, within ninety days after the effective date of such rules and regulations, file with the commission schedules showing all rates, classifications and charges for service of every kind furnished by it, and all rules and regulations relating thereto in effect on May 9, 1951. Thereafter current schedules shall be maintained on file with the commission on such forms and under such rules and regulations as the commission may prescribe.

(2) A public utility shall not, directly or indirectly, charge or receive any rate not on file with the commission for the particular class of service involved, and no change shall be made in any schedule. All applications for changes in rates shall be made to the commission in writing under rules and regulations prescribed, and the commission shall have the authority to determine and fix fair, just and reasonable rates that may be requested, demanded, charged or collected by any public utility for its service. The commission shall investigate and determine the actual legitimate costs of the property of each utility company,

1818


actually used and useful in the public service, and shall keep a current record of the net investment of each public utility company in such property which value, as determined by the commission, shall be used for rate-making purposes and shall be the money honestly and prudently invested by the public utility company in such property used and useful in serving the public, less accrued depreciation, and shall not include any good-will or goingconcern value or franchise value in excess of payment made therefor.

(3) Whenever the commission shall find, upon request made or upon its OWll motion, that the rates demanded, charged or collected by any public utility company for public utility service, or that the rules, regulations or practices of any public utility company affecting such rates are unjust, unreasonable, unjustly discriminatory, or in any wise in violation of law, or that such rates are insufficient to yield reasonable compensation for the services rendered, or that such service is inadequate or cannot be obtained, the commission shall order and hold a public hearing, giving notice to the public and to the utility company, and shall thereafter determine just and reasonable rates to be thereafter charged for such service and to promulgate rules and regulations affecting equipment, facilities and service to be thereafter installed, furnished, and used; provided, however, that nothing in this chapter shall be construed to affect a rate in litigation and refund proceedings thereunder pending in the courts on April 3, 1951; provided, however, that a rate order of a duly constituted local regulatory board or authority entered before April 3, 1951 shall be deemed to be the lawful rates charged and collected by the public utility subject to such regulatory body, and should such rate order be challenged and/or such challenge is pending before the courts of this state or the United States, such rate order shall continue in full force and effect until final determination of such litigation, or until changed by an order of the commission, and the jurisdiction of said board to continue said litigation, and said rates, shall continue until such final determination by the courts, and the commission shall not interfere with the conduct of such litigation nor the jurisdiction of the board.

Histor:r.-§6. ch. 26545. 1951.

adequate or cannot be obtained, the commission shall determine and by order fix the fair and reasonable rates, rentals, charges or classifications, and reasonable rules, regulations, measurements, practices, contracts or service, to be imposed, observed, furnished or followed in the future.

Hlstory.-§7, ch. 26545, 1951; §24, ch. 57-1.

366.08 Investigations, inspections; power of commission.-The commission or its duly authorized representatives may during all reasonable hours enter upon any premises occupied by any public utility and may set up and use thereon all necessary apparatus and appliances for the purpose of making investigations, inspections, examinations and tests and exercising any power conferred by this chapter; provided, such public utility shall have the right to be notified of and be represented at the making of such investigations, inspections, examinations and tests.

Hlstory.-§8, ch. 26545, 1951.

366.09 Incrimination at hearing of commission.-Any person called upon to testify before the commission or one of its examiners shall not be excused from answering on the ground or claim that his testimony would tend to incriminate himself; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have testified or produced documentary evidence provided that no person 80 testifying shall be exempted from prosecution or punishment for perjury in so testifying.

Hlstory.-§9, ch. 26545. 1951.

366.10 Review of commission's orders. -Any public utility or any person in interest dissatisfied with any order of the commission may have it reviewed by the supreme court by certiorari.

Hlstory.-§lO, ch. 26545, 1951.

366.11 Certain exemptions.-N 0 provision of this chapter shall apply in any manner to utilities owned and operated by municipalities, whether within or without any municipality, or by cooperatives organized and existing under the rural electrification cooperative law of the state, nor to the sale of electricity, manufactured gas or natural gas at wholesale by any public utility to, and the purchase by,

366.07 Rates; adjustment. - Whenever the any municipality or cooperative under and purcommission, after public hearing either upon suant to any contracts now in effect or which its own motion or upon complaint, shall find may be entered into in the future, where such the rates, rentals, charges or classifications, municipality or cooperative is engaged in the or any of them, proposed, demanded, observed, sale and distribution of electricity, manufaccharged or collected by any public utility for tured or natural gas, nor to the rates provided any service, or in connection therewith, or the for in such contracts. Nothing herein shaH rules, regulations, measurements, practices or restrict the police power of municipalities over contracts, or any of them, relatir:g thereto, their streets, highways and public places or are unjust, unreasonable, insufficient, or un- the power to maintain or require the mainjustly discriminatory or preferential, or in any tenance thereof, nor the right of a municipalwise in violation of law, or any service is in- ity to levy taxes on public services under

1819


§167.431, nor affect the right of any municipality to continue to receive revenue from any public utility as is now provided or as may be hereafter provided in any franchise, nor repeal §167.22.

HIBtory.-lll. ch. 265~5. 1951.

366.12 Penalty.-If any public utility, by any authorized officer, agent or employee, shall knowingly refuse to comply with or wilfully violate any provision of this chapter or any lawful rate, rule or regulation, order, direction, demand or requirement prescribed by the commission hereunder, such public utility shall incur a penalty for each such offense of not more than five thousand dollars to be fixed,

imposed and collected by the commission. Each day that said refusal or violation continues shall constitute a separate offense. Each penalty shall be a lien upon the real and personal property of the public utility, enforceable by the commission as statutory liens under chapter 85, the proceeds of which shall be deposited to the credit of the general revenue fund of the state.

Hlstory.-112. ch. 26545. 1951.

366.13 'Taxes; not affected.-No provIsIon of this chapter shall in any way affect any municipal tax or franchise tax in any manner whatsoever.

mstory.-fl3A. ch. 26545. 1951.

1820

Ch. 367 WATER AND SEWER SYSTEM REGULATORY LAW Ch. 367

CHAPTER 367

WATER AND SEWER SYSTEM REGULATORY LAW

367.015

367.02 367.03

367.04

367.05 367.06

367.07 367.08 367.09

367.10

Florida Public Service Commission; jurisdiction.

Definitions. Registration of public utilities; notice

to registrants. Certifieate of public convenience and

necessity required. Application for certificate. Issuance of certificate; existing con-

struction or operation. Same; powers of commission. Extensions of systems. Unlawful construction or operation of

public utility lines, plants or systerns; powers of commission.

Transfer of certificates.

367.015 Florida Public Service Commission; jurisdiction.-In addition to its existing functions, the Florida Public Service Commission shall have jurisdiction to regulate and supervise each public utility, as defined herein, with respect to its rates, service, and the issuance and sale of its securities maturing more than twelve months after date of issue.

History.-U, ch. 67-496 .

367.02 Definitions.-As used in this law the following words and terms shall have the following meanings:

(1) "Commission" shall mean and be limited to the Florida public service commission.

(2) "Governmental agency" shall mean a county, a public authority created by an act of the legislature of this state, an incorporated city, town or village in this state, or any taxing district created by such county, public authority, incorporated city, town or village.

(3) "Territory" shall mean any area in this state, whether within or without the corporate limits of any municipality.

(4) "Water system" shall mean and include any real estate, attachments, fixtures, impounded water, water mains, laterals, valves, meters, plant, wells, pipes, tanks, reservoirs, systems, facility, or other property real or personal, used or useful or having the present capacity for future use in connection with the obtaining, treatment, supplying and distribution of water to the public for human consumption, fire protection, irrigation, consumption by business or industry, and without limiting the generality of the foregoing definition shall embrace all necessary appurtenances and equipment and shall include all property, rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation thereof, but shall not include property used solely for or principally in connection with the business of bottling, selling, distributing or furnishing bottled water, nor water systems utilized by manufacturing plants primarily for the purpose of providing water in connection

367.11 367.12

367.13 367.14 367.15 367.16 367.17 367.18 367.19 367.20 367.21 367.22 367.23

General duties of public utility. Rates; procedure for fixing and chang-

ing. Effective rates. Rates; adjustment; application fees. Powers of commission. Rates of municipal systems. Review of eommission's orders. Unaffected powers. Gross receipts tax. Incrimination, violations; penalties. Exclusive jurisdiction. Legislative declaration. Effectiveness dependent on resolution

by board of county commissioners.

with its manufacturing operations. (5) "Sewer system" shall mean and include

any plant, system, facility or property used or useful or having the present capacity for future use in connection with the collection, treatment, purification or disposal of sewage and sewage effluent and residue for the public, and without limiting the generality of the foregoing definition shall embrace treatment plants, pumping stations, intercepting sewers, pressure lines, mains, laterals, and all necessary appurtenances and equipment and shall include all property, rights, easements and franchises relating to any such system and deemed necessary or convenient for the operation thereof; except municipally owned or operated sewer systems and systems for the collection, treatment, purification or disposal of industrial wastes for manufacturing plants owned or operated by such manufacturing plants.

(6) "Person" shall mean and include: (a) Any natural person, firm, association,

corporation, except municipal corporations, business, trust or partnership owning, leasing or operating any water system or sewer system or part thereof within this state; and

(b) Any cooperative, nonprofit corporation or association, membership corporation, or limited dividend or mutual association, now or hereafter created, with respect to that part or portion of its operations devoted to the ownership, leasing or operation of a water system or a sewer system within this state but shall not include the owners or operators of any industrial or manufacturing plants maintaining and operating water systems and sewer systems primarily in connection with its manufacturing operations.

(7) "Public utility" as used herein means and includes every person, corporation, partnership, association or other legal entity and their lessees, trustees or receivers, now or hereafter either owning, operating, managing, controlling or proposing construetion of any water system or sewer system serving or proposing to serve four hundred or more connections for wa-

1821


ter or sewer service, or both, within this state, directly or indirectly for compensation ; but the term "public utility" as used herein does not include any person selling, distributing or furnishing bottled water, any utility owned or operated by a municipality or other governmental agency, or the owner or operator of any manufacturing or industrial plant owning or operating wa ter or sewer systems primarily in connection with its manufacturing or industrial operations; provided, however, that any person and any lessee, trustee or receiver now or hereafter owning, leasing, constructing, operating, or managing any water system or sewer system or both, in this state, serving or proposing to serve less than four hundred connections for compensation paid or received directly or indirectly shall upon application to the commission be classified as a public utility under the provisions of this law.

(8) Certificate shall mean and be limited to a certificate of public convenience and necessity issued under this law.

Hlstory.-§2, ch. 59-372 ; I I , ch. 63-279; §1 , 65-52 ; §2, ch . 67-496.

367.03 Registration of public utilities; notice to registrants.-Every public utility shall register with the commission, within thirty days after the county wherein any such public utility operates is brought under the jurisdiction of said commission, by filing with the commission a written statement setting forth the full legal name of the public utility, its principal place of business and its mailing address. The commission shall give by mail to every public utility so registering and to every recipient of a certificate issued under this law at least · ten days' written notice of every public hearing required by this law.

Hlstory.- §3, ch . 59-372 ; §3, ch. 67-496 .

367.04 Certificate of public convenience and necessity required.-

(1) No public utility shall hereafter begin the construction or operation of any water or sewer system, or both, or any extension thereof , or acquire ownership or control thereof, either directly or indirectly, without first obtaining from the commission a certificate that the present or future public convenience and necessity require or will require such construction, operation or acquisition. No public utility sha ll be required to secure a certificate for an extension within any municipality within which the utility has heretofore lawfully ·commenced operations, for any extension within or to territory already served by such public utility, necessary in the ordinary course of business, or for substitute facilities within or to any municipality or territory already served by such public utility.

(2) Any public utility obtaining a certificate of convenience and necessity hereunder for any territory shall exercise said authority within a reasonable time. If such public utility fails or refuses to provide reasonably adequate

service to such territory after notice and a reasonable opportunity to do so, the commission, in addition to other powers provided by law, shall have power to issue a certificate to any other person willing and able to provide reasonably adequate service to such territory,

Hlslory.-§4, ch . 59-372; H, ch . 67-496.

367.05 Application for certificate. - The application for such certificate of convenience and necessity shall be under such rules and regulations as the commission may, from time to time, adopt or prescribe, and each such application shall be accompanied by a filing fee of five hundred dollars to be placed in the general revenue fund. Upon the receipt of any such application for such certificate, the commission shall cause notice thereof, stating a time and place for hearing, to be given by mail or personal service to the chief executive officer of the municipality or municipalities affected, if any, and to any public utility occupying the territory affected, and shall publish such notice once a week for three consecutive weeks in. some newspaper of general circulation in each territory affected,

Hlstory.- §5, ch. 59-372; U4, ch . 67-319 ; §5, ch . 67-496 . c1.-§1 350.78 and 350 .79, deposit and disbursement of fe es.

367.06 Issuance of certificate; existing construction or operation.-Any public utility engaged in the construction or operation of any line, plant or system, or any extension thereof, on September 1, 1967, shall be entitled to receive a certificate of convenience and necessity from the commission authorizing such utility to continue the construction or operation of such line, plant or system, or extension thereof, in the territory professed to be served by such utility on such date if, within sixty days thereafter, such public utility applies therefor by filing maps with the commission showing its existing lines and facilities, its lines or extensions thereof under construction, and the territory professed to be served by such utility. Each such application shall be accompanied by a filing fee of five hundred dollars to be placed in the general revenue fund. Any public utility that has already been issued a certificate by the commission prior to the effective date of this act shall not be required to obtain another one under the terms of this section, and such existing certificates shall be deemed to have been issued hereunder.

Hlslory.-§7, ch. 59-372 ; §15, ch. 67-319; §6, ch. 67-496 . cf.-§§350.78 and 350.79, deposit and disbursement of fees .

367.07 Same; powers of commission.-(1) The commission shall have power, after

hearing, to issue said certificate of convenience and necessity, as prayed for, to refuse to issue the same, or to issue it for the construction, operation or acquisition of a portion only of the contemplated line, plant or system or extension thereof.

(2) The commission shall not grant a certificate for a proposed plant, line or system, or for the extension of a system, which will be in

1822


competition with or duplication of any other plant, line or system, unless it shall first determine that such other facilities are inadequate to meet the reasonable needs of the public or that the person operating the same is unable or refuses or negleets, after hearing on reasonable notice, to provide reasonably adequate service.

Hlstory.-§7, ch. 59-372 ; §7, ch. 67-496.

367.08 Extensions of systems.-(1) PERMISSIBLE EXTENSIONS.-Every

public utility engaged on June 18, 1959, in the construction or operation of a water or sewer system, and every recipient of a certificate of public convenience and necessity issued under the provisions of this law may extend its facilities to any territory in which at the time of the extension any of its facilities are constructed or operated, and also may extend its facilities in the ordinary course of business within or to any territory which

(a) Is not receiving similar service from any public utility or municipality,

(b) Is not defined in any outstanding certificate, and

(c) Is contiguous to territory served by the extending public utility or to territory defined in its certificate; provided however that no extension shall be permitted in any area within a municipality of one hundred thousand or more population according to the last official census unless such municipality first grants a franchise for such extension.

(2) ANNUAL AMENDMENT OF CERTIFICATES.-Every recipient of a certificate of public convenience and necessity issued under the provisions of this law shall file with the commission on or before March 1 in every year, in compliance with such rules and regulations and in such form as the commission may adopt and prescribe from time to time, a description of all additional territory served by extensions of its facilities in the immediately preceding period of January 1 to December 31, inclusive, and the commission shall issue to it an amended certificate describing all territory which it had theretofore been authorized to serve, together with the additional territory served by such extensions. Each filing made pursuant hereto shall be accompanied by a filing fee of two hundred fifty dollars to be placed in the general revenue fund.

(3) PROHIBITED EXTENSIONS.-No public utility excluding utilities owned or operated by municipalities shall extend the facilities of its water system or sewer system or either, except as authorized in subsection (1), without first obtaining for such extension a certificate of public convenience and necessity in accordance with the provisions of §367.05.

(4) INTERFERENCE WITH ANOTHER SYSTEM.-If any public utility in extending its water system or sewer system interferes unreasonably or is about to interfere unreasonably or competes or is about to compete with

or duplicates or is about to duplicate, in whole or in part, the service or facilities of any other water system or sewer system, the commission, upon complaint, and after public notice and hearing, may with respect to such interference, competition and duplication or any thereof make such order and prescribe such terms and conditions in harmony with this law as are required by public convenience and necessity, and in so doing shall state its reasons therefor and make findings of the subsidiary facts on which its determination of public convenience and necessity is predicated.

Hlstory .- §8, ch. 59-372 ; §l6, ch . 67-319 . cf.-§§350.78 and 350.79, deposit and disbursement of fees .

367.09 Unlawful construction or operation of public utility lines, plants or systems; powers of commission.-Whenever any person engages in, or is about to engage in, the construction, operation or acquisition of any line, plant or system without having secured a certificate of convenience and necessity, any interested person may file a complaint with the commission. The commission may, with or without notice, make its order requiring the public utility complained of to cease and desist from such construction, operation or acquisition until the commission makes and files its decision on said complaint or until the further order of the commission. The commission may, after hearing on reasonable notice, make such order and prescribe such terms and conditions with respect thereto as are just and reasonable.

Hlstory .-§9, ch . 59-372 ; §8, ch . 67-496.

367.10 Transfer of certificates.-(1) If any recipient of a certificate issued

under this law shall sell or otherwise transfer all of the physical property comprising its water system or sewer system, it also shall assign its certificate to the purchaser or transferee. Within ten days after such sale or transfer the purchaser or transferee shall surrender the assigned certificate to the commission, which thereupon shall issue to the purchaser or transferee a certificate of public convenience and necessity authorizing the purchaser or transferee to serve the territory described in the surrendered certificate.

(2) If the reeipient of a certificate issued under this law shall sell or otherwise transfer less than all of the physical property comprising its water system or sewer system it shall, within ten days after such sale or other transfer, surrender its certificate to the commission and file therewith descriptions of

(a) The territory served by the physical property not sold or otherwise transferred, and

(b) The territory served by the physical property sold or otherwise transferred. The commission shall thereupon issue

1. To the seller or transferor a new certificate authorizing it to continue serving the territory served by the physical property not sold or otherwise transferred, and

2. To the purchaser or transferee a new

1823


certificate authorizing it to serve the territory served by the physical property sold or transferred, provided, however, nothing in this section shall apply to utilities owned or operated by governmental agencies or utilities acquired by any governmental agencies.

(3) Joint applications for transfer of any water system or sewer system certificate of public convenience and necessity shall be accompanied by a fee of five hundred dollars. This requirement shall not apply when the transferee is a municipality or other governmental agency. Such fee shall be placed in the general revenue fund.

HI.tory.-510, ch. 59-372 ; 117, ch. 67-319 . cf.-§§350.78 and 350.79, deposit and disbursement of fees .

367.11 General duties of public utility.(1) Each public utility shall furnish to

each person applying therefor reasonably sufficient, adequate and efficient service upon terms as required by the commission; provided, that no public utility shall be required to furnish water or sewer service for resale.

(2) All rates and charges made, demanded or received by any public utility for any service rendered, or to be rendered, by it and each rule and regulation of such public utility shall be fair and reasonable. No public utility shall make or give any undue or unreasonable preference or advantage to any person or locality or subject the same to any undue or unreasonable prejudice or disadvantage in any respect.

(3) The"foregoing provisions of this section relate and shall apply . only to rates and charges for service after the installation and connection of the facilities of a public utility and shall not apply to nor affect any contract or agreement heretofore or hereafter made providing, in connection with an application for service, for the payment of reasonable sums of money for service availability, reasonable deposits guaranteeing compensatory revenues from the territory to be served, or reasonable contributions in aid of construction to help defray the cost of facilities which will be used and useful in furnishing service, or any combination thereof, or reasonable construction or other advances evidenced by refundable or nonrefundable agreements. Upon appropriate application by any party thereto, such contracts or agreements will be reviewed by the Public Service Commission.

rates, classifications and charges for service of every kind furnished by it and all rules and regulations relating thereto in effect on September 1, 1967. Thereafter, current schedules shall be maintained on file with the commission on such forms and under such rules and regulations as the commission may prescribe.

(b) All rates being collected on September 1, 1967, by public utilities which prior to such date were subject to the jurisdiction of the commission shall be the lawful rates for such public utilities until changed by the commission.

(2) A public utility shall not, directly or indirectly, charge or receive any rate not on file with the commission for the particular class of service involved, and no change shall be made in any schedule without the approval of the commission. All applications for changes in rates shall be made to the commission in writing under rules and regulations prescribed by said commission. The commission shall have authority to determine and fix the fair, just, compensatory and reasonable rates that shall be charged and collected by any public utility for its service.

(a) With respect to all utilities coming under the jurisdiction of the commission after September 1, 1967, the commission shall investigate and determine the fair value of the utilities' property used and useful in the public service as of September 1, 1967, and shall further investigate and determine the actual legitimate costs to the company of all net additions thereto subsequent to September 1, 1967, and in all rate proceedings shall allow to the utility a fair return on the fair value of the utility's property used and useful in the public service as of September 1, 1967, together with a fair return on the utility's actual cost of all net additions thereto subsequent to September 1, 1967. The commission shall keep a current record of the net investment of each public utility subsequent to September 1, 1967, and shall determine that such net investment shall be the money honestly and prudently invested by the public utility in property used and useful in serving the public, less accrued depreciation, and shall not include any contributions in aid of construction nor any good will or going concern value or franchise value in excess of payment made therefor.

HI8tory.-I11, ch. 59-372 ; 19, ch. 67-496. (b) With respect to utilities operating in 367.12 Rates; procedure for fixing and counties under the jurisdiction of the commis-

changing.- sion prior to September 1, 1967, the commis-(1) (a) All rates being charged and col- sion in all rate proceedings concerning said

lected on September 1, 1967, by a public utility utilities shall investigate and determine the not previously under the jurisdiction of the fair value of the utilities' property used and commission shall be the lawful rates until useful in the public service as of the date on changed in accordance with the rules, regula- which the county in which such utilities options or orders of the commission or court de- erate enacted a resolution declaring that the cree. Under rules and regulations to be pre- county is subject to the provisions of this act; scribed by the commission, every such public and shall further investigate and determine utility shall, within ninety days after the ef- the actual legitimate costs to said utilities of fective date of such rules and regulations, file all additions thereto subsequent to such date with the commission schedules showing all on which the county became subject to the

1824


jurisdiction of the commission. In all rate proceedings concerning said utilities, the commission shall allow to the utilities a fair return on the fair value of the utility's property used and useful in the public service as of the date on which the county in which the utility is located became subject to the jurisdiction of the commission, together with a fair return on the utility's actual costs of all net additions thereto subsequent to said effective date. The commission shall determine that the net investment so computed shall be the money honestly and prudently invested by the public utility in property used and useful in serving the public, less accrued depreciation, and shall not include any contributions in aid of construction.

(3) Whenever the commission shall find, upon request made or upon its own motion, that the rates demanded, charged or collected by any public utility company for public utility service, or the rules, regulations or practices of any public utility affecting such rates, are unjust, unreasonable, unjustly discriminatory or in any way in violation of law, that such rates are insufficient to yield reasonable compensation for the services rendered, or that such service is inadequate or cannot be obtained, the commission shall order and hold a public hearing in the county wherein a majority of the service involved is furnished, giving reasonable notice to the public and to the public utility, and shall thereafter determine just and reasonable rates to be thereafter charged for such service and to promulgate rules and regulations affecting equipment, facilities and service thereafter to be installed, furnished and used.

Bistory.-§12, ch. 59-372 ; §lO, ch. 67 -496.

367.13 Effective rates.-(1) PRESENT SERVICE.-After the rates

and charges provided for in subsections (1), (2) and (3) of §367.12 become effective no public utility excluding utilities owned or operated by governmental agencies shall charge or receive, directly or indirectly, any other rate or charge for any class of service provided for in the filings required by §367.12, unless and until such rates and charges shall be changed by the commission in accordance with the provisions of this law.

(2) NEW SERVICE.-If any application for the service of a public utility shall be for a new class of service not provided for in the filings required by §367.12, the public utility may furnish the new class of service applied for and fix just, fair, reasonable and compensatory rates and charges therefor. A schedule of any rates and charges so fixed shall be filed with the commission within ten days after the new class of service is furnished. The commission, after public hearing, may approve, increase or reduce such rates and charges as may be just, fair, reasonable and compensatory.

motory .-113, ch. 59-372.

367.14 Rates; fees.-

adjustment; application

(1) Whenever there is filed with the commission by any public utility holding a certificate under the provisions of this law any notice of general increases in a schedule of rates and charges, the commission may, either upon complaint or of its own initiative and after public notice, enter upon a hearing to determine whether the proposed rates are just, reasonable, sufficient and compensatory, and said hearing shall be held and the order entered thereon within one hundred eighty days from the date the public utility filed with the commission its written notice showing the change or changes proposed.

(2) Applications made to the commission by any water or sewer utility for rate increases shall be accompanied by payment of the following application fees, based on number of connections served:

(a) Under 750 connections (b) 750 to 1500 connections (c) Over 1500 connections

$ 250.00 $ 500.00 $1,000.00

Such fees shall be placed in the general revenue fund.

Hidory.-§14, ch. 59-372; HI. 2, 3, ch. 61-477; 118. ch. 67-319; *11, ch. 67-496. cf .-1§350.78 and 350.79, deposit and disbursement of fees.

367_15 Powers of commission_-(1) In the exercise of its jurisdiction, the

commission shall have power: (a) To prescribe fair and reasonable rates

and charges, classifications, standards of quality and measurements, and service rules and regulations to be observed by each public utility;

(b) To prescribe uniform system andclassification of accounts for all public utilities, which among other things shall set up adequate, fair and reasonable depreciation rates and charges;

(c) To require the filing by each public utility of periodic reports and all other reasonably necessary data;

(d) To require repairs, improvements, additions and extensions to the plant and equipment of any public utility reasonably necessary to promote the convenience and welfare of the public and secure adequate service or facilities for those reasonably entitled thereto, except that no public utility shall be required to extend its service or make additions to its plant or equipment unless the commission shall first, after a hearing, enter an order based upon findings establishing the financial ability of the public utility to make such additional investment without impairing its capacity to serve its existing customers and its ability to operate efficiently;

(e) To employ and fix the compensation for such examiners and technical, legal and clerical employees as it deems necessary to carry out the provisions of this chapter;

(f) To prescribe all rules and regulations reasonably necessary and appropriate for the

1825


administration and enforcement of this chapter; and

(g) To exercise all judicial powers, issue all writs and do all things necessary or convenient to the full and complete exercise of its jurisdiction and the enforcement of its orders and requirements.

(2) The commission shall provide for the examination and testing of all appliances used for measuring any product or service of a public utility.

(3) Any consumer or user may have any such appliance tested upon payment of the fee fixed by the commission.

(4) The commission shall establish reasonable fees to be paid for testing such appliances on the request of the consumers or users, the fee to be paid by the consumer or user at the time of his request, but to be paid by the public utility and repaid to the consumer or user if the appliance be found defective or incorrect to the disadvantage of the consumer or user in excess of the degree or amount of tolerance customarily allowed for such appliances, or as may be provided for in rules and regulations of the commission.

(5) The commission may purchase materials, apparatus and standard measuring instruments for such examinations and tests.

(6) The commission or its duly authorized representatives may during all reasonable hours enter upon any premises occupied by any public utility and may set up and use thereon all necessary apparatus and appliances for the purpose of making investigations, inspections, examinations and tests and exercising any power conferred by this chapter; provided, that such public utility shall have the right to be notified of and be represented at the making of such investigations, inspections, examinations and tests.

History .-115. ch. 59-372 ; 112. ch. 67-496.

367.16 Rates of municipal systems.-The commission shall not have jurisdiction to regulate the rates or charges of any system owned or operated by a governmental agency.

Hlstory.-§16. ch. 69-3'12.

367.17 Review of commission's orders.Any public utility or any person in in~er~st dissatisfied with any order of the commISSIOn may have it reviewed by the supreme court by certiorari.

Hlstory.-§l7. ch. 59-372 ; 113. ch. 67-496.

367.18 Unaffected powers.-Nothing in this law shall be deemed to repeal or affect §167.22 and chapter 153, or chapter 9861, special acts 1923; chapter 10968, special acts 1925; chapter 31075, special acts 1955; chapter 31076, special acts 1955; chapter 30178, special acts 1955; chapter 31092, special acts 1955; chapter 31011, special acts 1955; chapter 21230, special acts 1941; chapter 23535, special acts 1945; chapter 26223, special acts 1949; chapter 27893, special acts 1951; chapter 6356, special acts 1911; chapter 24605, special acts 1947, as amended by

chapter 25927, special acts 1949; chapter 30882, special acts 1955; chapter 23373, special acts 1945; chapter 26443, extra session 1949; chapter 27650, special acts 1951; chapter 27649, special acts 1951; chapter 27659, special acts 1951; chapter 29201, special acts 1953. No provision of this law shall in any way affect any municipal tax or franchise tax in any manner whatsoever, nor to limit, abridge or affect the authority, rights or privileges, now existing or hereafter conferred thereon by law, of any governmental agency to supply water or sewerage service to any area in this state.

mstory.-§18. ch. 69-372.

*367.19 Gross receipts tax.-Every public utility as defined in this chapter shall on or before March 15 in every year report to the department of revenue, under oath of ·its secretary or one of its other officers, the total amount of the gross receipts derived by it in the immediately preceding period of January 1 to December 31, inclusive, from business done within this state, and at the time of so reporting shall pay to said department a gross receipts tax in the amount of one dollar fifty cents for each one hundred dollars or fraction thereof of such gross receipts, provided, however, that whenever a purchase is made of any water and a tax is paid thereon by a public utility and such public utility resells the same directly to consumers such public utility shall be entitled and shall receive credit upon such taxes as may be due by it under this section to the extent of the tax paid or payable upon such water by the person, firm, or corporation from whom such purchase was made. If any public utility fails to make such report and pay such tax, the department, after giving at least five days written notice to the public utility, shall estimate the amount of such gross receipts from such information as it may be able to obtain from any source and shall add ten percent of the amount of such tax as a penalty and shall proceed to collect such tax and penalty, together with all costs of collection thereof, in the same manner as other delinquent taxes are collected, provided, however, that no penalty shall be added to the tax in the event a return is made and the amount of the tax is paid before the expiration of the time fixed in the notice given by the department. All such tax payments and penalties shall be placed in the Florida public service regulatory trust fund as established under the provisions of chapter 350. The department may audit such reports and upon demand every public utility shall submit all of its records, papers, books and accounts to the department or its representatives for audit.

Hlstory.-§l9. ch. 59-372; §I. ch. 69-164; §§21. 35. ch. 69-106. *Note.-Ch. 69-164 transferred the collection of the tax author

ized by this section to the public service commission. However. 121. ch . 69-106 transferred collection to the department of revenue. and this act prevails even though It was not the later enacted of the two acts. See §35. ch. 69-106.

367.20 Incrimination, violations; penalties.-

(1) Any person called upon to testify

1826


before the commission or one of its examiners shall not be excused from answering on the ground or claim that his testimony would tend to incriminate himself; but no person having so testified shall be prosecuted or subjected to any penalty or forfeiture for or on account of any transaction, matter or thing concerning which he may have testified or produced documentary evidence; provided, that no person so testifying shall be exempted from prosecution or punishment for perjury in so testifying.

(2) If any public utility, by any authorized officer, agent or employee, shall knowingly refuse to comply with or willfully violate any provision of this chapter or any lawful rate, rule or regulation, order, direction, demand or requirement prescribed by the commission hereunder, such public utility shall incur a penalty for each such offense of not more than $5,000.00 to be fixed, imposed and collected by the commission. Each day that said refusal or violation continues shall constitute a separate offense. Each penalty shall be a lien upon the real and personal property of the public utility, enforceable by the commission as statutory liens under chapter 85, the proceeds of which shall be deposited in the general revenue fund of the state.

Hlstory.-§20. ch . 59-372; §l4. ch. 67-496.

367.21 Exclusive jurisdiction.-The jurisdiction conferred upon the commission by this law shall be exclusive, except where municipal jur-

isdiction is exercised in municipalities of one hundred thousand or more population according to the last official census pursuant to existing franchises or special acts.

Hlltory.-§21. ch. 59-372.

367.22 Legislative declaration.-The regulation of public utilities as defined herein is declared to be in the public interest, and this law shall be deemed to be an exercise of the police power of the state for the protection of the public welfare and all the provisions of this law shall be liberally construed for the accomplishment of that purpose; provided, however, that no existing franchise or contract rights of municipalities having one hundred thousand or more population according to the last official census shall be impaired thereby; and provided further that no provisions of this chapter shall in any way affect any municipal tax or franchise tax in any manner what-soever.

Hlstory.-§22. ch. 59-372; §I5. ch. 67-496.

367.23 Effectiveness dependent on resolution by board of county commissioners.-The provisions of this law shall become effective in a county of this state immediately upon the adoption by the board of county commissioners of such county of a resolution declaring that such county is subject to the provisions of this law and the submission of said resolution to the Florida public service commission.

Historr.-§23. ch. 59-372; §t. ch. 63-279; §t. ch. 65-52.

1827

Ch. 368 GAS SAFETY LAW Ch. 368

CHAPTER 368

GAS SAFETY LAW

368.01 Short title. 368.021 Applicability. 368.03 Purpose and legislative intent.

368.01 Short title.-This law may be known and cited as "The Gas Safety Law of 1967."

HI5tory.-11, ch. 59-304; 11, ch. 67-379.

368.021 Applicability.-The prOVISIOns of this law and all orders, rules and regulations adopted pursuant thereto shall apply to every person, corporation, partnership, association, public agency, municipality, cooperative, gas district, or other legal entity and their lessees, trustees, or receivers, now or hereafter owning, operating, managing, or controlling any gas transmission or distribution facilities or any other facility supplying natural or manufactured gas or liquefied gas with air admixture or any similar gaseous substance to or for the public within this state; provided, however, that the terms of this law shall not apply to those supplying liquefied petroleum gas in either the liquid or gaseous form.

HI5tory.-12, ch. 67-379; II, ch. 69-24S .

368.03 ,Purpose and legislative intent.-This law authorizes the establishment of rules and regulations covering the design, fabrication, installation, inspection, testing and safety standards for installation, operation and maintenance of gas transmission and distribution systems, including gas pipelines, gas compressor stations, gas metering and regulating stations, gas mains, and gas services up to the outlet of the customer's meter set assembly, gas-storage equipment of the closed-pipe type fabricated or forged from pipe or fabricated from pipe and fittings, and gas storage lines. It is intended that the requirements of such rules and regulations shall be adequate for safety under conditions normally encountered in the gas industry, but requirements for abnormal or unusual conditions or all details of engineering and construction need not be specifically provided for or prescribed. It is not intended that the rules and regulations adopted pursuant hereto 'be applied retroactively to existing installations so far as design, fabrication, installation, establishing operating pressure and testing are concerned. It is intended, however, that the provisions of the rules and regulations shall be applicable to the operation, maintenance and uprating of existing installations. This law, and the rules and regulations adopted pursuant to it, are declared to be in the public interest and are deemed to be an exercise of the police power of the state for the protection of the public welfare and shall be liberally construed for the accomplishment of that purpose.

HIs&ory.-A2, ch. 59-304; 13, ch. 67-379 .

368.05 Commission jurisdiction, rules and regulations.-

(1) In addition to its existing functions, the

368.05 Commission jurisdiction, rules and regulations.

368.061 Penalty for violation of chapter.

Florida Public Service Commission shall have jurisdiction over all persons, corporations, partnerships, associations, public agencies, municipalities, or other legal entities engaged in the operation of gas transmission or distribution facilities with respect to their compliance with the rules and regulations governing safety standards established by the commission pursuant to this law. The jurisdiction conferred upon the commission hereby shall be exclusive of and superior to that of all other boards, agencies, political subdivisions, municipalities, towns, villages or counties; and in case of conflict therewith all lawful safety acts, orders, rules and regulations of the commission shall in each instance prevail.

(2) The commission shall have the power to perform any and all acts, and to prescribe, issue, make, amend and rescind such orders, rules and regulations not inconsistent herewith as it may find necessary or appropriate to the exercise of the authority granted under the provisions of this law. The commission may require the filing of periodic reports and all other data reasonably necessary to determine whether the safety standards prescribed by it are being complied with; may require repairs and improvements to the gas transmission and distribution piping systems subject to this law which are reasonably necessary to promote the protection of the public; and may exercise all judicial powers, issue all writs and do all things necessary or convenient to the full and complete exercise of its jurisdiction and the enforcement of its safety orders and rules and regulations adopted pursuant to this law.

Hlstory.-lHS, 49, ch. 59-304; f1, ch. 63-279; §l, ch . 65-52; 14, ch. 67-379.

368.061 Penalty for violation of chapter.(1) Any person who violates any provision

of this chapter, or any regulation issued hereunder, shall be subject to a civil penalty of not to exceed $1,000 for each such violation for each day that such violation persists, except that the maximum civil penalty shall not exceed $200,000 for any related series of violations.

(2) Any such civil penalty may be compromised by the commissioners. In determining the amount of such penalty or the amount agreed upon in compromise, the appropriateness of such penalty to the size of the business of the person charged, the gravity of the violation, and the good faith of the person charged in attempting to achieve compliance after notification of a violation shall be considered. Each penalty shall be a lien upon the real and personal property of said persons and enforceable by the commission as statutory liens under chapter 85, the proceeds of which shall be de-

1828

Ch. 368 GAS SAFETY LAW Ch. 368

posited in the general revenue fund of the state. (3) The commissioners may, at their discre

tion, cause to be instituted in any court of competent jurisdiction in this state proceedings for injunction against any person subject to

the provisions of this chapter to compel the observance of the provisions of this chapter or any rule, regulation or requirement of the commission made thereunder.

Hlstory.-§2, ch. 69-248.

1829

TITLE XXVI OCEANOGRAPHY, CONSERVATION, AND GEOLOGY

CHAPTER 369

OCEANOGRAPHY

369.01 Oceanography defined. 369.02 Commission on Marine Sciences

Technology. 369.03 Membership; terms of office. 369.04 Commission, state agency. 369.05 Executive director. 369.06 Powers and duties of commission. 369.07 Accessibility of records, data and

formation of other state agencies.

and

in-

369.01 Oceanography defined.-"Oceanography" as used herein is defined in its broadest sense to indude studies relating to the boundaries and use of oceans, seas and other water bodies in each of their static and dynamic dimensions, including without limitation, each or any of the following aspects thereof: Marine science and technology; marine vehicles, equipment and instrumentation; discovery and recovery of resources; transportation of energy; transportation; mariculture; submerged lands, climate and weather effects, and any educational, technical, industrial or commercial extensions thereof relating to marine exploration, exploitation.

Hlotory.-§12. ch. 67-36l.

369.02 Commission on Marine Sciences and Technology.-There is hereby created and established within the division of marine resources of the department of natural resources, a commission to be known as the Commission on Marine Sciences and Technology, hereinafter referred to as the "commission," and the main office of the commission shall be located in Dade County.

History.- §l, ch. 67-361 ; §§25, 35, ch. 69-106.

369.03 Membership; terms of office.-The commission shall consist of a chairman and eight members, two of whom shall be from different institutions of higher learning, one public and one private in the state, offering doctorate degree in one or more of the marine sciences fields. The chairman and all members shall be appointed by the governor and confirmed by the senate. The chairman shall serve at the pleasure of the governor and the remaining members shall serve for terms of four years or until their successors are appointed and qualified; provided, however, that four of the first eight members of the commission shall be appointed by the governor for terms of two years or until their successors are appointed and qualified and that the remain-

369.08 369.09 369.10 369.11

369.12 369.13

Publications. Acceptance of gifts or grants. Advisory committees. Cooperation with other units; boards,

agencies and individuals. Records, accounts and reports. Construction.

ing four of the first eight members of the commission shall be appointed by the governor for terms that shall expire with the expiration of the appointing governor or until their successors are appointed and qualified. Upon being appointed, the chairman and each member of the commission shall execute the oath of office prescribed by the State Constitution and file the same with the department of state. The chairman and members of the commission shall serve without compensation for their services but shall be entitled to be reimbursed for their actual and necessary experises incurred in the performance of their official duties to the same extent as allowed other state officers.

Hiotory.-! 2, ch . 67-361 ; 1*10, 35, ch. 69-106 .

369.04 Commission, state agency.-The commission is hereby constituted an official agency of the state.

Hlotory.-§3, ch. 67-36l.

369.05 Executive director.-The commission is hereby granted the power to appoint an executive director who shall, subject to the direction of the commission, have general charge of the work of the commission. He shall serve at the pleasure of the commission. Compensation of the executive director shall be fixed by the commission. The director shall be entitled to be reimbursed for his actual and necessary expenses incurred in the performance of his official duties to the same extent as other state employees. The commission shall have the right to remove the executive director with or without cause, and the director, while in charge of the work of the commission, shall at all times be subject to the authority and direction of the commission.

810tory.-§4, ch. 67-361.

369.06 Powers and duties of commISSIon. -The powers and duties of the commission shall be:

1830

Ch. 369 OCEANOGRAPHY Ch. 369

(1) To employ such other personnel as in its judgment may be necessary to aid in carrying out the work of the commission and to fix the salaries for such employees.

(2) To coordinate all local and state activities dealing with oceanography.

(3) To act as liaison between the State of Florida, other states or governmental entities on all aspects of oceanography and to cooperate and work with all such groups on oceanography as it relates to the State of Florida.

(4) To promote and support any and all programs of higher education, technical studies, scientific investigations, statistical research or other research relating to oceanography as such programs may aid or benefit the state. In no way shall the power granted the commission under this section be construed to control, limit or otherwise interfere with oceanographic research, studies, or instruction carried on by the Board of Regents or any institution or organization supervised by or under the direction or control of the Board of Regents of the university system of the state; nor shall it be construed to prohibit or limit the power and authority of the Board of Regents to accept federal grants or other grants and donations for use in oceanographic projects carried on by the Board of Regents or institutions under its direction and control.

(5) To encourage and assist individuals, groups, organizations or associations in the state whose purposes and activities relate to oceanogra phy.

(6) To collect, provide and/ or disseminate information relating to oceanography by means of such documents, instruments, seminars, programs, displays, advertising or otherwise as the commission shall from time to time determine.

(7) To assist industrial, agricultural, professional and educational groups, organizations or associations in obtaining the maximum benefits to be derived from oceanography.

(8) To further the industrial, agricultural or recreational development of the state by attracting or promoting new or existing occupations, businesses or industries relating to oceanography.

(9) To make recommendations to the governor and the Legislature of Florida relating to legislation in the field of oceanography and to at all times keep the governor and the Legislature of Florida advised on matters, projects or plans relating to oceanography.

(10) To plan and carry out programs relating to oceanography designed to enlarge and improve trade with other states and with foreign countries.

(11) In accordance and compliance with any federal law or regulation now enacted or hereafter to be enacted, to act as the official agency of the state to work with federal agencies in matters affecting any of the above purposes to which the legislature has not des-

ignated another state office or board, bureau, commission, department or agency in relation thereto; and to act as the official agency of the state in connection with the grant or advance of any federal or other funds or credits to the state or through the state to its local governing bodies in compliance with any federal law affecting any of the above purposes to which the legislature has not designated another state office or board, bureau, commission, department or agency in relation thereto.

(12) To accept and expend without the necessity of appropriation by the legislature any gift or grant of moneys made to the commission for any or all of the purposes specified in this section.

(13) The term "promote" as used in this section shall be defined in its broadest sense to include, but not be limited to, advertising, extension of hospitality or entertainment, the employment of public relations or other means or media designed and approved by the commission toward the accomplishment of the powers and duties hereinabove set forth.

Hlslory.-15. ch. 67-361.

369.07 Accessibility of records, data and information of other state agencies.-In collecting and assembling information, the commission is authorized to make use of such pertinent data as may be secured from boards, commissions, officials, agencies and institutions except such records or information that may be required by law to be confidential or secret, and any and all such state agencies are requested to make available such records, data, information and statistics necessary or proper for the operation of the commission.

Hlslory.-§6, ch. 67-36l.

369.08 Publications.-The commission shall have authority to sell at approximate cost to the state such publications of the commission as, in the judgment of the commission, should not be furnished gratis to those who wish to use such publications in the conduct of their business. Any amounts of money received by the commission from said source shall be added to the amounts duly appropriated for the use of the commission in the prosecution of its purposes, powers and duties hereunder.

HI810ry.-§8, ch. 67-36l.

369.09 Acceptance of gifts or grants.-The commission is authorized to accept any grant, payment, or gift of funds or property made by the United States or any department or agency thereof or by any individual, firm or corporation, municipality or county or organization for any and all of the purposes specified in this chapter, and the commission may expend such funds in accordance with the terms and conditions of any such grant, payment or gift.

History.-§B, ch. 67-361.

369.10 Advisory committees.-The commission is authorized to encourage the organiza-

1831

Ch. 369 OCEANOGRAPHY Ch. 369

tion of advisory boards or committees among interested groups of citizens, including those representing industry, commerce, business, labor, agriculture, forestry planning, transportation, the professions, aviation, civic affairs and other groups as the commission may deem advisable, all relating to the field of oceanography. Such boards or committees shall advise with the commission as to its work and the commission shall, so far as practicable, cooperate with such advisory boards or committees to secure the active aid thereof in the accomplishment of the aims and fulfillment of the duties of the commission.

HI.tor".-19; ch. 67-361.

369.11 Coop~ration with other units; boards, agencIes and individuals.-Express authority and power is hereby given any county, municipality, drainage district, road or bridge district, school district, port board or authority or any other political subdivision, board or commission in the state to make and enter into with the commission contracts and leases within the provisions and purposes of this chapter. The commission is hereby expressly authorized to make agreements and enter into any and all contracts and leases with any of the foregoing entities or any other person, firm or corporation, public or private.

History .-5 10, ch. 67-361.

369.12 Records, accounts and reports.-(1) Full detailed and accurate records and

accounts shall be kept of all proposals, acts, proceedings, orders, determinations, receipts, disbursements and expenditures made or contemplated by . or under the authority of the commission hereby provided for, all of which shall be kept open for public inspection and review at all reasonable times, and said commission shall from time to time publish the details of its activities in such form as shall be deemed best calculated to serve the purpose of giving full publicity to all transactions had by or proposed to said commission for its approval.

(2) The commission shall make to the governor an annual report setting forth in appropriate detail the business transacted during the year and the condition of the commission at the close of the year. Such annual report shall be accompanied by duly certified audits of the accountants of the commission. The commission shall furnish to the governor such additional reports and information as he may from time to time require.

HI.tory.-I11, ch. 67-361.

369.13 Construction.-The prOV1Slons of this chapter shall be liberally construed in order to effectively carry out the purposes of this chapter.

HI.tor".-114, ch. 67-361 .

1832

Ch. 370 SALT WATER FISHERIES AND CONSERVATION Ch.370

CHAPTER 370

SALT WATER FISHERIES AND CONSERVATION

370.01 Definitions. 370.013 Department of natural resources; gen

eral function. 370.017 Executive director, responsibility to

board of trustees of internal improvement trust fund.

370.02 Board of conservation. 370.021 Administration, rules, regulations, etc. 370.03 Water bottoms. 370.031 Choctawhatchee Bay, use study. 370.041 Beaches and shores; erosion control;

harvesting of sea oats and sea grapes prohibited.

370.06 Licenses. 370.061 Confiscation of property and products. 370.07 Seafood dealers; regulation. 370.071 Adoption of rules, regulations and san

itary codes. 370.08 fisherman and equipment; regulation. 370.09 lndustrial hazards; oil deposits dis

charge prohibited. 370.10 Crustacea, marine animals, fish; regu-

lations; general provisions. 370.101 Salt water fish; regulations. 370.11 Fish; regulation. 370.111 Snook, regulation. 370.112 Striped bass, regulation. 370.113 Queen conchs of the species strombus

gigas; regulation. 370.12 Marine animals; regulation.

370.01 Definitions.-In construing these statutes, where the context does not clearly indicate otherwise, the word, phrase or term:

(1) Resident or resident of Florida includes citizens of the United States who have continuously resided in this state, next preceding the making of their application for hunting, fishing or other license, for the following period of time, to wit: for one year, in the state, and six months in the county when applied to all fish and game laws not related to fresh water fish and game.

(2) Salt water fish shall include all classes of pisces, shell fish, sponges and crustacea indigenous to salt water.

(3) Open season shall be that portion of the year wherein the laws of Florida for the preservation of fish and game permit the taking of particular species of game or varieties of fish.

(4) Closed season shall be that portion of the year wherein the laws of Florida forbid the taking of particular species of game or varieties of fish.

(5) Salt water except where otherwise provided by law, shall be all of the territorial waters of Florida excluding all lakes, rivers, canals, and other waterways of Florida from such point or points where the fresh and salt waters commingle to such an extent as to become unpalatable because of the saline content, or from such point or points as may be fixed for conservation purposes by the division

370.13 Stone crabs; regulation. 370.132 Stone crabs, closed season. 370.14 Crawfish; regulation. 370.141 Crawfish and stone crab; reports by

dealers during closed season required.

370.15 Shrimp; regulation. 370.151 Tortugas shrimp beds; closed areas;

permits; penalties. 370.152 Shrimp regulation; closed areas in cer

tain counties along Atlantic Coast. 370.16 Oysters and shell fish; regulation. 370.161 Oyster bottom land grants made pur

suant to chapter 3293, Laws of Florida, 1881.

370.1611 Oyster depuration plant. 370.162 Purchase of sponges; state, county or

municipality. 370.17 Sponges; regulation. 370.171 Sponge diving; restricted waters. 370.172 Spearfishing prohibited; exemptions;

penalty. ~70.18 Compacts and agreements; generally. 370.19 Atlantic states marine fisheries com

pact; implementing legislation. 370.20 Gulf states marine fisheries compact;

implementing legislation. 370.21 Florida territorial waters act; alien

owned commercial fishing vessels; prohibited acts; enforcement.

of marine resources and the game and fresh water fish commission of the department of natural resources with the consent and advice of the board of county commissioners of the county or counties to be affected.

(6) The phrase common carrier shall include any person, firm or corporation, who undertakes for hire, as a regular business, to transport persons or commodities from place to place offering his services to all such as may choose to employ him and pay his charges.

(7) Transport shall include shipping, transporting, carrying, importing, exporting, receiving or delivering for shipment, transportation or carriage or export.

(8) The word guide shall include any person engaged in the business of guiding hunters or hunting parties, fishermen or fishing parties, for compensation.

(9) Shell fish shall include oysters, clams and whelks.

(10) Coon oysters are oysters found growing in bunches along the shore between high and low water mark.

(11) Reef bunch oysters are oysters found growing on the bars or reefs in the open bay and exposed to the air between high and low tide.

(12) Food fish shall include mullet, trout, redfish, sheepshead, pompano, mackerel, bluefish, red snapper, grouper and all other fish generally used for human consumption.

(13) A natural oyster or clam reef, or bed,

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Ch. 370 SALT WATER FISHERIES AND CONSERVATION Ch. 370

or bar, shall be considered and defined as an area containing not less than one hundred square yards of the bottom where oysters or clams are found in a stratum.

* (14) Director shall mean the director of conservation, as provided for in §370.02 (3) (a) .

*(15) [Department shall mean the department of natural resources.]

(16) Beaches and shores shall mean the coastal and intracoastal shoreline of this state bordering upon the waters of the Atlantic ocean, the Gulf of Mexico, the straits of Florida, and any part thereof, and any other bodies of water under the jurisdiction of the State of Florida, between the mean high water line and as far seaward as may be necessary to effectively carry out the purposes of this act.

(17) Erosion control, beach preservation and hurricane protection shall include any activity, work, program, project or other thing deemed necessary by the division of marine resources of the department of natural resources to effectively preserve, protect, restore, rehabilitate, stabilize and improve the beaches and shores of this state, as defined above.

(18) Coastal construction includes any work or activity which is likely to have a material physical effect on existing coastal conditions or natural shore processes.

HlstorY.- 12. ch . 28145, 1953 ; §1, ch. 63- 40 ; 11. ch. 65-140 ; 1125 , 35, ch . 69-106.

*Note.-125, ch . 69-106 abollshed the s tate board of conservation a s cr eated b y §370.02 and transferr ed Its powers, duties, and fun ctions to the depar tment of n a tural resources . A subsequent reviser 's blJl wlJl r epeal subsection (14) as obsolete and substit ute a definit ion of " d epartment" for the definition of "board" in subsection (15). cf.-U.01 General definitions .

§372.001 Definitions r e fre sh water fish .

370.013 Department of natural resources; general function.-The department of natural resources is charged with the administration, supervision, development and conservation of the na tural resources of the state.

Hlstory .- §25 , ch . 69-106.

370.017 Executive director, responsibility to board of trustees of internal improvement trust fund.-In addition to his other duties, it is the responsibility of the executive director of the department of natural resources to advise and make recommendations to the board of trustees of the internal improvement trust fund on all matters pertaining to the natural resources of the state.

Hlstory.-§25, ch . 69-106.

370.02 Board of conservation.-*(1) MEMBERSHIP; GENERAL DUTIES.

-There is hereby created a board of conservation, which shall be composed of the governor, secretary of state, attorney general, comptroller, state treasurer, superintendent of public instruction, and commissioner of agriculture. It shall be the duties of the board to conserve and develop the natural resources of the state and to administer the provisions of chapters 370, 371, 373, 377, 378.

*(2) DIVISIONS.-Tbe board of conserva-

tion shall be organized into six divisions, as follows:

(a) Administration. (b) Salt water fisheries. (c) Water resources and conservation. (d) Waterways development. (e) Geology. (f) Beaches and shores. *(3 ) DIRECTOR OF BOARD; POWERS

AND DUTIES.-(a) The board may employ a director of the

board of conservation and set his compensation. The director shall possess such qualifications as the board may prescribe, and he shall serve at the pleasure of the board.

(b) It shall be the duty of the director to act as the agent for the board in coordinating and directing its activities in the discharge of its responsibilities.

(c) The director may also serve as director of any of the divisions of the board herein created.

*(4) DIVISION OF ADMINISTRATIVE SERVICES; POWERS AND DUTIES.-

(a) It shall be the duty of the division of administrative services to administer, coordinate and enforce the provisions of the following statutes: **§§373.261-373.391, weather modification.

(b) The division of administrative services shall also have the duty and responsibility of rendering any other services required by the department and the several divisions, herein set forth, that can advantageously and effectively be centralized and such other functions and duties of the department not specifically assigned by law to some other division.

(c) The director of the board of conservation shall serve as the director of the division of administration. It shall be the duty of the director to supervise, direct, and coordinate the activities of the division of administration. The director shall act as agent for the board in the employment of all personnel, as may be necessary to carry out the work, duties and responsibilities of this division.

(5) DIVISION OF MARINE RESOURCES; POWERS AND DUTIES.-

(a) It shall be the duty of the division of marine resources of the department to preserve, manage, and protect the marine, crustacean, shell and anadromous fishery resources of the state in the waters thereof; to regulate the operations of alI fishermen and vessels of this state engaged in the taking of such fishery resources within or without the boundaries of such state waters, to issue licenses or provide for the issuance of licenses, prescribed by the legislature, for taking of the products of any or all such fisheries and the processing at sea or on shore within this state; to secure and maintain statistical records of the catch of each such species by various gear, by areas and by other appropriate classifications; to conduct scientific, economic and other studies and research. and to enter into contracts for

1834


such studies and research, all of which duties and operations shall be directed to the broad objective of managing such fisheries in the interest of all people of the state, to the end that they shall produce the maximum sustained yield consistent with the preservation and protection of the breeding stock.

(b) The division of marine resources shall administer, coordinate, and enforce the provisions of §§370.03, 370.041, 370.06-370.172 and chapter 371.

* (c) The board may employ a director of the division of salt water fisheries. The director shall possess such qualifications as the board may prescribe, and he shall serve at the pleasure of the board. The director shall act as agent for the board in the employment of all necessary administrative and other personnel, including conservation agents and officers as may be necessary to carry out the work, duties and responsibilities of this division.

(d) The department of natural resources acting through the division of marine resources shall be the state agency for:

1. Administering, coordinating, enforcing, and carrying out the powers, duties, functions, and responsibilities relating to beach and shore erosion including restoration and protection against hurricane and storm damages.

2. Processing of applications and issuing of permits prior to commencement of work for all coastal construction, physical activity, or structures pertaining thereto, except those authorized to be constructed under chapter 253, below the mean high water line of any body of tidal water within the limits of the state, and the setting of reasonable fees and costs therefor.

(e) Specific duties of the division of marine resources shall include the following:

1. To administer, coordinate, and enforce the provisions of chapter 161.

2. To conduct, direct, encourage, coordinate, and organize a continuing program of research into problems of beach erosion, shoreline deterioration and hurricane protection.

3. To prepare a comprehensive, and a long range state-wide plan for erosion control, beach preservation, and hurricane protection.

4. To review all plans and activity pertinent to erosion control, beach, and hurricane protection, and to provide coordination in these fields among the various levels of government and areas of the state.

5. To make recommendations to the department concerning the use of funds in the erosion control account.

6. To insure the proper regulation of shoreline alteration and development by investigating proposed work and making recommendations to the department.

7. To promote sound planning and development of shoreline upland by devising standards and working closely with local planning and zoning bodies.

8. To coordinate erosion control, beach preservation and hurricane protection activities

with waterways, harbors, water control and development projects.

9. To provide a clearing service for erosion control beach preservation and hurricane protection' matters by collecting, processing and disseminating pertinent information.

10. To assist and guide localities in the preparation and execution of integrated erosion, beach preservation and hurricane protection programs.

11. To provide such other services as the department may direct.

* (f) The board may employ a director of the division of beaches and shores and set his compensation. The director shall possess such qualifications as the board may prescribe, and shall serve at the pleasure of the board. The director shall supervise, direct and coordinate the activities of the division of beaches and shores.

(6) DIVISION OF INTERIOR RESOURCES; POWERS AND DUTIES.-

(a) It shall be the duty of the division of interior resources to administer, coordinate and enforce the provisions of §§373.021-373.101, 373.-131-373.151, 373.171, 373.173-373.241 and to accomplish the purposes of said sections.

(b) The division of interior resources shall have the duty of coordinating, administering, and enforcing the provisions of chapter 378. Said division shall also guide and coordinate the activities of all flood control districts, or water management districts now in existence or hereafter created, whether under the provisions of chapter 378, or by specia.l act of the legislature.

*(c) The board may employ a director of the division of water resources and conservation. The director shall possess such qualifications as the board may prescribe and he shall serve at the pleasure of the board. The director shall supervise, direct and coordinate the activities of the division. The director shall act as agent for the board in the employment of all administrative and other personnel as may be necessary to carry out the work, duties and responsibilities of this division.

(d) It shall be the duty of the division of interior resources to coordinate the activities of all public bodies, authorities, agencies and special districts charged with the development of waterways within the state, whether such bodies, authorities, agencies, or special districts now exist or may hereafter be created by general or special act of the legislature.

(e) The division shall also foster, promote, and guide development of an integrated system of waterways within the state, utilizing, where practical, the natural bodies of water lying therein.

(f) This division may disburse to the canal authority of the state any funds transferred to the department by the board of trustees of the internal improvement trust fund as herein provided to be used as matching funds for the purpose of acquiring rights of way for any waterways development project authorized by an ap-

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propriate federal or state agency the route of which is to pass through or adjacent to the counties comprising any special taxing district created for the purpose of raising funds for acquiring such rights of way. Provided, however, no such matching funds shall be so disbursed except upon approval of the department and upon receipt of satisfactory proof from the canal authority that it has sufficient funds on hand to match the state funds herein referred to on an equal basis. The board of trustees of the internal improvement trust fund shall transfer to the department such of its funds as may be available and as the department may deem necessary to provide the matching fund herein authorized. The use of the funds of the internal improvement trust fund for the purposes herein shall be deemed a valid use of said funds.

* (g) The board may employ a director of the division of waterways development, and set his compensation. The director shall possess such qualifications as the board may prescribe, and he shall serve at the pleasure of the board. The director shall act as agent of the board in the employment of all administrative and other personnel as may be necessary to carry out the work, duties, and responsibilities of this division.

(h) It shall be the duty of the division of interior resources to administer, coordinate, and enforce the functions of the division as set forth in §§373.011 and 373.012. The division shall also administer, enforce and coordinate the provisions of chapter 377 relating to conservation of oil and gas resources.

* (i) The board may employ a director of the division of geology. The director shall possess such qualifications as the board may prescribe, and he shall serve at the pleasure of the board. The director shall supervise, direct, and coordinate the activities of the division of geology. The director shall act as agent for the board in the employment of all administrative and other personnel as may be necessary to carry out the work, duties and responsibilities to this division.

m.torY.-12. ch. 28145, 1953 ; (4) 11. ch 57-367; (6) U, ch. 57-153 ; (12) n . II, ch. 57-253 ; (2) fl, ch. 59-193; U, ch. 61-231; U2, 3, ch. 63-40; 12, ch . 65-140; 1125, 27, 35, ch. 69-106; 130, cb. 69-353.

oNote.-125, ch. 69-106 abolished the board of conservation and transferred Its duties and functions to the department of natural resources. Subsection (4) w1ll be amended by a subsequent reviser' s bill to conform to said section, and subsections (1), (2), ' (3), (5) (c) and (f), and (6)(c), (g), and (I) will be repealed as obsolete.

oONote.-I26, ch. 69-106 transferred tbe powers, duties, and functions of tbe board of conservation relative to the Issuance of weather modification permits to the department of air and water pollution control. 11373.261-373.391 are being transferred to ch. 403.

Note.-Slmllar provisions In former 11373.01-373.03, 373.06, 373.09, 373.14, 373.22, 373.23, 373.28, 374.32, 374.38, 374.40, 374.41, 375.33. cf.-f370.061 Confiscation of property and products.

1775.08, AlternaU .. pll1l1ahmeDt.

370.021 Administration, rules, regulations, etc.-

(1) RULES AND REGULATIONS.-The department of natural resources shall make, adopt, promulgate, amend and repeal all rules and regulations necessary or convenient for

the carrying out of the duties, obligations, powers and responsibilities conferred on said department or any of its divisions. The director of each division shall submit to the department suggested rules and regulations for that division. Any person violating or otherwise failing to comply with any of the rules and regulations adopted as aforesaid shall be deemed guilty of a misdemeanor and upon conviction shall be fined not more than $500.00 or imprisoned not more than six months, unless otherwise provided by law.

(2) PENALTY FOR VIOLATION.-Any person violating any provisions of this chapter, unless otherwise provided, upon conviction, shall be subject to a fine of not more than $500.00 or imprisonment in the county jail for not more than one year or by both such fine and imprisonment.

(3) PROMULGATION OF RULES.-All rules and regulations shall be published in a newspaper or newspapers of general circulation in the state and shall take effect and be in force at the time specified therein. Such rules and regulations shall be admitted as evidence in the courts of the state when accompanied by an affidavit from the executive director of the department, certifying that the rule or regulation has been lawfully adopted, promulgated and published, and such affidavit shall be prima facie evidence of proper adoption, promulgation and publication of the rule or regulation.

(4) PUBLICATIONS BY DEPARTMENT. -The department through the division of administrative services is given authority, from time to time in its discretion, to cause the statutory laws under its jurisdiction, together with any rules and regulations promulgated by it, to be published in pamphlet form for free distribution in this state. The department is hereby authorized to make charges for technical and educational publications and mimeographed material of use for educational or reference purposes. Such charges shall be made at the discretion of the division of administrative services. Such charges may be sufficient to cover cost of preparation, printing, publishing and distribution. All moneys received for publications shall be deposited in the general revenue fund. The department is further authorized to enter into agreements with persons, firms, corporations, governmental agencies and other institutions whereby publications may be exchanged reciprocally in lieu of payments for said publications.

(5) POWERS OF OFFICERS.-The department may designate such employees of the several divisions as said department may deem necessary in its discretion as conservation officers who shall have the powers and duties conferred in this subsection. All conservation officers, together with the executive director, are constituted police officers with power to make arrests for violations of the laws of this state and the rules and regulations of the department under their jurisdiction. The general

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laws applicable to arrests by peace officers of this state shall also be applicable to said executive director and conservation officers. The executive director or the conservation officers may enter upon any land or waters of the state for performance of their lawful duties and may take with them any necessary equipment and such entry shall not constitute a trespass. It shall be lawful for any boat, motor vehicle or aircraft owned or chartered by the department or its agents or employees to land and depart from any of the beaches or waters of the state. The executive director or any of the conservation officers shall have the authority, without warrant, to board, inspect and search any boat, fishing appliances, storage or processing plant, fish house, sponge house, oyster house, or any other warehouse, building, or vehicle engaged in transporting any fish or fishery products. Such authority to search and inspect without a search warrant is limited to those cases where the executive director or the officers have reason to believe that fish or any salt water products are taken or kept for sale, barter, transportation or other purposes in violation of laws or rules promulgated under this law. Any such officer or executive director may at any time seize or take possession of any salt water products which have been unlawfully caught, taken, processed, or which are unlawfully possessed or transported in violation of any statute or regulation of the department. The executive director or any of the conservation officers may arrest any person in the act of violating any of the provisions of this law or rules or regulations of the department. It is hereby declared unlawful for any person to resist such arrest or in any manner interfere, either by abetting, assisting such resistance or otherwise interfere with said executive director or a'ny conservation officer while engaged in the performance of the duties imposed upon him by law or regulation of the department.

(6) DUTIES OF DEPARTMENT OF LEGAL AFFAIRS.-The department of legal affairs shall attend 'to the legal business of the department of natural resources and its divisions but if at any time any question of law or any litigation arises, and the department of legal affairs is otherwise occupied and cannot give the time and attention necessary to such question of law or litigation as the occasion demands, the several state attorneys shall attend to any such question of law or litigation arising within their respective circuits, and if such state attorney is otherwise occupied and cannot give the time and attention necessary to such question of law or litigation as the case may demand, the said department of natural resources may employ additional counsel for that particular cause, with the advice and consent of the department of legal affairs. Such additional counsel's fees shall be paid from the moneys appropriated to the department of natural resources.

(7) DESTRUCTION OF RECORDS.-

(a) The purpose of this section is to make available for the use of the executive director sufficient floor space for efficient administration of his office.

(b) The executive director is authorized to destroy copies and records of all licenses, of every nature, issued by the department under his authority provided such records shall not be destroyed until a period of two years shall have elapsed after completion of the audit of said records as provided by law; provided, further, that he shall prepare and preserve a register of all destroyed copies and records, upon which shall be inscribed the nature of the several licenses, the date of issue thereof, and the name and address of the person, persons, or associations of persons to whom issued. The power hereby conferred shall be a continuing power.

(c) The executive director is further authorized to destroy any other correspondence, documents and records, which in his discretion have, after the expiration of two years from the date of their post-audit as provided by law, become obsolete.

(8) COURTS OF EQUITY MAY ENJOIN, ETC.-Courts of equity in this state shall have jurisdiction to enforce the conservation laws of this state by injunction.

(9) BOND OF EMPLOYEES.-The department may require, as it determines, that bond be given by any employee of the department or divisions thereof, payable to the governor of the state, and his successor in office, for the use and benefit of those whom it may concern, in such penal sums with good and sufficient surety or sureties approved by the department conditioned for the faithful performance of the duties of such employee.

8Iotor,..-12, ch. 61-231; II, ch. 61-22 ; U11, 25, 35, ch. 68-106.

370.03 Water bottoms.-(1) OWNERSHIP.-All beds and bottoms

of navigable rivers, bayous, lagoons, lakes, bays, sounds, inlets, oceans, gulfs and other bodies of water within the jurisdiction of Florida shall be the property of the state except such as may be held under some grant or alienation heretofore made. No grant, sale or conveyance of any water bottom, except conditional leases and dispositions hereinafter provided for. shall hereafter be made by the state, the board of trustees of the internal improvement trust fund, the department of agriculture and consumer services, or any other official or political corporation. Persons who have received, or may hereafter receive permits to do business in this state, with their factories, shucking plants and shipping depots located in this state, may enjoy the right of fishing for oysters and clams from the natural reefs and bedding oysters and clams on leased bedding grounds, and shall have the right to employ such boats, vessels, or labor and assistants as they may need. Provided that no oysters shall be transported unshucked and in the shells, out of the state, except for use in what is commonly known as the half-shell trade.

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When the oyster meats have b~e~ separat~d from the shells it shall be permIssIble to ShIP the meats out of the state for further processing and for canning or packing. It shall be unlawful to transport oysters out of the state, unshucked and in the shells, for processing or packing.

(2) CON T R 0 L .-The division of marine resources of the department of natural resources has exclusive power and control over all water bottoms, not held under some grant or alienation heretofore made, including such as may revert to the state by cancellation or otherwise, and may lease the same to any person irrespective of residence or citizenship, upon such terms, conditions and restrictions as said division may elect to impose, without limitation as to area to anyone person, for the purpose of granting exclusive right to plant oysters or clams thereon and for the purpose of fishing, taking, catching, bedding and raising oysters, clams and other shell fish. No such lessee shall re-lease, sub-lease, sell or transfer any such water bottom or property; provided. that nothing herein contained shall be construed as giving said division authority to lease sponge beds.

(3) FEES FOR BOTTOM LEASES, ETC.The division shall charge and receive a fee of two dollars for each lease granted, and in all other cases, not specifically provided by this chapter, the same fees as are allowed clerks of the circuit court for like services. All fees shall be paid by the party served.

(4) CONFIRMATION OF FORMER GRANTS; PROVISO.-All grants prior to June 1, 1913, made in pursuance of heretofore existing laws, where the person receiving such grant, his heirs or assigns, have bona fide complied with the requirements of said law, are hereby confirmed; provided, that if any material or natural oyster or clam reefs or beds on such granted premises are one hundred square yards in area and contained natural oysters and clams (coon oysters not included) in sufficient quantity to have been resorted to by the general public for the purpose of gathering oysters or clams to sell for a livelihood, at the time they were planted by such grantee, his heirs or assigns, such reefs or beds are declared to be the property of the state; and when such beds or reefs exist within the territory heretofore granted as above set forth, or that may hereafter be leased, such grantee or lessee shall mark the boundaries of such oyster and clam reefs or beds as may be designated by the division as natural oyster or clam reefs or beds, clearly defining the boundaries of the same, and shall post notice or other device, as shall be required by the division, giving notice to the public that such oyster or clam beds or reefs are the property of the state, which said notice shall be maintained from September 1st to June 1st of each and every year, on each oyster bed or reef and on each clam bed for such period of each year as the board may direct, at the ex-

pense of the grantee or lessee. The division shall investigate all grants heretofore made, and where, in its opinion, the lessee or grantee has not bona fide complied with the law under which he received his grant or lease, and it shall report the same to the department which is authorized and required to institute legal proceedings to vacate the same, in order to use such lands for the benefit of the public, subject to the same dispositions as other bottoms.

History.-!§2, 3, ch . 28145, 1953 ; §l , ch. 29941, 1955; §§ 14, 25. 27 , 35 , ch. 69-106.

Note .-Simila r provisions in former U 371.02, 371 .03, 371.05, 371.24.

370.031 Choctawhatchee Bay, use study.(1) The department of natural resources

is hereby directed to conduct an economic, ecological, and biological study of Choctawhatchee Bay, and the inlets and tributaries thereof, to determine the best possible use or uses of the bay. The department shall consider, among other things, the potential use of the bay for: Sport and commercial fishing, shell dredging, mariculture, and other recreational, commercial and industrial uses . The study shall include the development of suggested rules and :egulations for the protection of the bay to Insure that the best use of the bay will continue. . (2 ) The department may utilize the servIces, personnel, or facilities of any state institution, agency, department, or other state body either through contract or agreement in carrying out the provisions of this section.

(3) The department is hereby authorized to use any funds appropriated for research in its trust funds to the extent necessary to carry out the provisions of this section.

HistorY.- §!l, 2, 4, ch . 69-225; 1125, 35, ch. 69-106. cf.- §282.011 Miscellaneous appropriations.

370.041 Beaches and shores; erosion control; harvesting of sea oats and sea grapes prohibited.-

(1) The purpose of this section is to protect the beaches and shores of the state from erosion by preserving natural vegetative cover to bind the sand.

(2 ) It is unlawful to cut, harvest or remove from any beach or shore of this state and from the area immediately adjacent thereto for a distance of two hundred feet, any of the grass commonly known as sea oats or uniola paniculata and coccolobis uvifera commonly known as sea grapes for the purpose of commercial marketing without consent of the owner of such land or person having lawful possession thereof.

(3) A violation of this section will subject the offender to conviction of a misdemeanor.

810tory.-I1, ch. 65-458; fl, ch. 67-150.

370.06 Licenses.-(1) TAX ON ALL BOATS OPERATED ON

NONFRESH WATERS.-(a) From and after the passage of this

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law, there shall be a license required of all boats, vessels, schooners and launches equipped to take salt water products from the tide or salt waters of the state. All such boats, vessels, schooners or launches before beginning activities or operating must first procure a license from the division of marine resources, and for this purpose the owner or owners, captain or agent of such boat, vessel, schooner or launch must present in writing to the said division an application setting forth the name, number, if any, and description of such boat, vessel, schooner or launch, name and post office of owner or owners, together with such further data or information as the division shall deem necessary, upon blanks to be furnished by the division and thereupon the division shall register such boat, vessel, schooner or launch and issue necessary license upon the payment therefor and all licenses shall be issued and granted to the boat, vessel, schooner or launch according to the following schedule:

(b) Commercial boats under sixteen feet long and under four feet beam, one dollar and five cents; boats over sixteen feet long and over four feet beam, twenty cents for each additional foot or fraction thereof of length or beam. A certificate of registration and a boat number as required in chapter 371, shall be issued with each license sold under this law.

(2) ADDITIONAL LICENSE TAX ON ALL BOATS USED FOR COMMERCIAL PURPOSES UNDER COMPLETE OR PARTIAL ALIEN OR NONRESIDENT OWNERSHIP.An additional license tax of twenty-five dollars shall be required of all aliens or nonresidents of the state on all boats, vessels, schooners or launches used for commerical purposes and Qwned in whole or in part by such alien or nonresident in addition to the boat license tax required by this section.

(3) LICENSE ON PURSE SEINES.-There is levied, in addition to any other taxes thereon, an annual license tax of twenty-five dollars upon each purse seine used in the waters of this state. This license fee shall be collected in the manner provided in this section. Anyone violating this section shall be deemed guilty of a misdemeanor and shall. upon conviction, be punished accordingly.

(4) LICENSE; ALIEN AND NONRESIDENT COMMERCIAL FISHERMEN.- Aliens and nonresidents shall pay an annual license tax of twenty-five dollars before engaging in taking salt water fish from the waters of this state, other than for personal use, including fish or seafood sold for bait, provided that this tax shall not apply to employees or crewmen who take but do not sell salt water products. Such license to be issued by the division upon proper application made on forms to be furnished by said division. The proceeds from the sale of said licenses shall be deposited in the state treasury to the credit of the state conservation fund.

(5) LICENSE YEAR.-The license year on

all licenses relating to fish dealers, seafood dealers, boats, aliens, residents and nonresidents, unles~ otherwise provided, shall begin on the first day of July of each year and shall end on the thirtieth day of June of the next succeeding year, and all licenses shall be so dated. This section shall not apply to licenses and permits granted when their use is confined to an open season. Provided, that all licenses, now in force, issued for said purposes, under any other license law shall continue in force to their original expiration date; however, all licenses issued for said purposes under this law or issued for said purposes under any other law after the effective date of this act shall expire June 30, 1954.

(6) LICENSE TAG TO BE DISPLAYED ON BOAT.-The division shall furnish to each licensed vessel or boat a tag, on which shall be printed the license year for which the same is issued. Such tag shall be prominently displayed on such boat or vessel.

(7) LICENSES SUBJECT TO INSPECTION; NONTRANSFERABLE; EXCEPTION. -Licenses of every kind and nature granted under the provisions of the fish and game laws of this state, shall at all times be subject to inspection by the police officers of this state, the conservation officers of the game and fresh water fish commission and the conservation agents of the division. Said licenses shall not be transferable unless otherwise provided by law, except that commercial boat licenses may be transferred to resident owners in the manner provided in §371.101, upon payment of a fee of $1.00.

(8) COLLECTION OF LICENSES, FEES.All such license tax or fees provided for in this chapter shall be collected by the division or its duly authorized agents or deputies to be deposited by the comptroller in the motorboating revolving trust fund as created by §371.171.

(9) GENERAL PENALTY PROVISION.Any person or persons, corporate or otherwise, violating any of the provisions of this section shall be punished by being fined in the sum of not less than one hundred dollars nor exceeding five hundred dollars, or by being imprisoned not exceeding six months, or by both such fine or imprisonment, unless otherwise provided in this section.

(10) All commercial shrimp boats over forty feet in length shall pay an additional license tax in the amount of thirty dollars plus five dollars for each crew member. This tax shall be paid into a trust fund and utilized by the division of marine resources for enforcement purposes, and shall be in addition to all other fees and taxes now levied.

Hlstory.-12, ch. 28145, 1953; (1) 13, (10) 14, ch. 59-399; (3), (4) r . U , ch . 59-499 ; I I, ch . 61-520 ; 12, ch . 61-119; §§25, 35, ch. 69-106 ; §l , ch. 69-399 .

Note.-SlmiJar provisions in former §§371 .16, 311.17, 371.18, 373.04 , 373.10, 373.12, 373.25, 374.30. ct.-§370.17 Allen sponge fishermen licenses.

f 776.07 Punishment for misdemeanors.

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370.061 Confiscation of property and products.-

(1) CONFISCATION; PROCEDURE. - In all cases of arrest and conviction for the illegal taking, or attempted taking, sale, possession or transportation of salt water fish or other salt water products; such salt water products, seines,. nets, boats, motors or other fishing devices or equipment, and such vehicles or other means of transportation used in connection with such illegal taking or attempted taking are hereby declared to be nuisances and shall be seized and carried before the court having jurisdiction of such offense, and said court shall order such nuisances forfeited to the division of marine resources of the department immediately after trial and conviction of the person or persons in whose possession they were found, provided that if a motor vehicle is seized under the provisions of this act and is subject to any existing liens recorded under the provisions of §319.27, all further proceedings shall be governed by the expressed intent of the legislature not to divest any innocent persons, firm or corporation holding such a recorded lien of any of his reversionary rights in such motor vehicle nor of any of his rights as prescribed in §319.27, and further provided that upon any default by the violator purchaser the said lien holder may foreclose his lien and take possession of the motor vehicle involved. When any illegal or illegally used seine, net, trap, or other fishing device or equipment or illegally taken, possessed or transported salt water products are found and taken into custody, and the owner thereof shall not be known to the officer finding the same, such officer shall immediately procure from the county judge of the county wherein they were found an order forfeiting said salt water products, seines, nets, traps, boats, motors or other fishing devices to the division. All things forfeited under the provisions of this law may be destroyed, used by the division or disposed of by gift to charitable or state institutions, or sold and the proceeds derived from said sale deposited in the state treasury to the credit of the general revenue fund. Provided that forfeited boats, motors and legal fishing devices only, may be purchased from the division for one dollar by the person of persons holding title thereto at the time of the illegal act causing the forfeiture, if such person shall prove that he in no way participated in, gave consent to or had knowledge of such act.

(2) CONFISCATION AND SALE OF PERISHABLE PRODUCTS; PROCEDURE.-When an arrest is made pursuant to the provisions of chapter 370, and illegal, perishable products or perishable products illegally taken or landed are apprehended, the defendant may post bond or cash deposit in an amount determined by the judge to be the fair value of such products, and said defendant shall have twenty-four hours to transport said products outside the limits of Florida for sale or other dis{losition. Should no bond or cash deposit be given within the time

fixed by the judge, the judge shall order the sale of such products at the highest price obtainable and when feasible at least three bids shall be requested. In either event, the amounts received by the judge shall be remitted to the division to be deposited into a special escrow account in the state treasury and held in trust pending the outcome of the trial of the accused. If a bond is posted by the defendant it shall also be remitted to the division to be held in escrow pending the outcome of the trial of the accused. In the event of acquittal, the bond or cash deposit shall be returned to the defendant, or, the proceeds of the sale shall be paid over to the defendant. In the event of conviction the proceeds of the sale, or proceeds of the bond or cash deposit, shall be deposited by said division into the general revenue fund of the state. Such deposit into the general revenue fund shall constitute confiscation.

HlstorY.-13. ch. 61-231; 12, ch. 61-119; 1125, 35. ch. 69-106.

370.07 Seafood dealers; regulation.-(1) DEFINITIONS; LICENSES AUTHOR

IZED.-License or privilege taxes as hereinafter set forth to be paid annually, are hereby levied and imposed upon dealers in the state in seafoods and salt water products as defined hereafter, and it shall be unlawful for any person, firm or corporation to deal in any such products without first paying for and procuring the license required by this section. Application for all licenses shall be made to the division of marine resources on blanks to be furnished by it, and all licenses shall be issued by the divison upon payment to it of the license tax therefor and the proceeds thereof deposited in the state treasury to the credit of the general revenue fund. The licenses are defined as:

(a) 1. "Wholesale seafood dealer"; any person, firm or corporation which sells salt water fish or other salt water products excluding novelty shells and sponges to any person, firm or corporation except to the consumer; provided that those persons so excluded shall make those reports required of such wholesale dealers.

2. Whenever a person, firm or corporation, already in possession of a wholesale seafood dealer license, shall find it useful and expedient to have more than one establishment, and the function of such additional establishments shall be the loading and preparation of products for later trans-shipment to the central place of business, it shall not be necessary for that person, firm or corporation to obtain an additional wholesale dealer license.

3. In order for such subordinate establishments or structures to be exempt from the requirement to have a wholesale dealer license, all products passing through must have the licensed wholesale dealer's establishment under whose license the branch functions as their immediate destination.

4. If any products leave the branch or subordinate station for shipment or delivery to any destination other than the wholesale dealer under whose license the branch functions,

1840


the loading or subordinate location will also require a wholesale dealer license.

5. All provisions of this act shall apply to establishments and feeder stations when both categories are located within a single county. Whenever inter-county transportation becomes involved, points of origin and points of destination shall both be licensed.

(b) A "retail seafood dealer"; any person, firm or corporation who sells salt water fish or other salt water products directly to the consumer as seafood, but no license shall be required of dealers in merchandise who deal in or sell only salted, cured, canned, or smoked seafood.

(c) Any person, firm or corporation which is under the foregoing definitions, both a wholesale and retail seafood dealer, shall obtain both a wholesale and a retail seafood dealer's license.

(2) LICENSES; AMOUNT, TRUST FUND.-

(a) Resident wholesale seafood dealers are required to pay an annual license tax of one hundred dollars.

(b) Nonresident wholesale seafood dealers are required to pay an annual license tax of one hundred fifty dollars.

(c) Alien wholesale seafood dealers are required to pay an annual license tax of five hundred dollars.

(d) Resident retail seafood dealers are required to pay an annual license tax of ten dollars.

(e) Nonresident retail seafood dealers are required to pay a license tax of twenty-five dollars per annum in each county in which they do business for each place of business.

(f) Alien retail seafood dealers are required to pay a license tax of fifty dollars per annum in each county in which they do business, for each place they do business.

(g) One half of all the foregoing funds hereafter collected from resident wholesale seafood dealers and one third of all such funds collected from nonresident wholesale seafood dealers by the division, together with any other funds derived from the federal government or otherwise, shall be deposited in a Florida Salt Water Products Promotion Trust Fund to be administered by said division for the promotion of all salt water products produced in this state.

(h) All deposits heretofore made by the division into the Florida Salt Water Products Promotion Trust Fund are hereby ratified and confirmed.

(3) WHOLESALE PERMIT; PENALTY.(a) 1. Salt water products produced outside

Florida, and transported to Florida for processing, freezing and storage shall not be required to display a wholesale permit stamp on the individual packages, boxes, or containers when they leave the freezer for shipment out of state. Truck drivers, in above instances, shall, however, have in their possession in-

voices, bills of lading and other similar instruments, stamped with a special permit stamp giving the name of the freezer, the location of the freezer, and stating that items on manifest are produced outside Florida. Invoices, bills of lading, and other similar instruments, shall show the number of packages, boxes or containers and the number of pounds of each species to cover and identify all salt water products in the shipment.

2. The above stamp shall be requested by the freezer owner, and shall be furnished, at cost, by the division.

(b) 1. Salt water products produced in Florida and processed, frozen and stored by Florida wholesale dealers shall not be required to display the wholesale permit stamp of the individual owner on individual packages, boxes or containers when they are removed from freezer for shipment or delivery in or out of Florida. Truck drivers, in above instances, shall, however, have in their possession invoices, bills of lading, and other similar instruments stamped with a special permit stamp giving the name of the freezer, its location and the number of the licensed wholesale dealer written in a blank space provided in the stamp. Invoices, bills of lading, and other similar instruments, shall show the number of packages, boxes, or containers and the number of pounds of each species to cover and identify all salt water products in the shipment.

2. The above stamp shall be requested by the freezer owner, and shall be furnished, at cost, by the division. The freezer owner shall be furnished free of charge a complete list of Florida wholesale seafood dealers and their permit numbers.

(c) 1. Salt water products produced in Florida may be transported within or without the state without each individual box or container displaying the wholesale permit stamp.

2. Provided, that the truck drivers shall have in their possession, invoices, bills of lading, and other similar instruments, showing the number of boxes or containers and pounds of each species, displayed with the permit stamp of the wholesaler, distributor, or producer from whom the shipment was received;

3. Provided further, that in the event that the seafood products in transit came from more than one dealer, distributor, or producer, each lot from each dealer shall be covered by invoices, bills of lading, and other similar instruments, showing the number of boxes or containers and the number of pounds of each species and said instruments shall be, stamped with that dealer's, distributor's or producer's wholesale permit stamp.

4. It shall be unlawful to sell, deliver, ship, or transport, or to possess for the purpose of selling, delivering, shipping, or transporting any fish, seafoods, or other products of the salt waters of Florida, without all invoices and containers of such products having thereon the wholesaler's permit number in such form as

1841


may be prescribed under the provisions of thid section, and the rules and regulations of the department and any such products found in the possession of any person whosoever in violation of this provision may be seized by the divison and disposed of in the manner provided by law.

(d) Provided, that nothing contained in this section shall be construed to apply to the sale and delivery to consumers of such products by licensed retail dealers, in ordinary retail transactions, or to the sale and delivery of his own catch or products, to a Florida licensed wholesale dealer, by any person catching or gathering the same. Wholesale seafood dealers' permits and licenses shall be issued only to applicants who shall furnish to the division satisfactory evidence of law-abiding reputation and who shall pledge themselves to the faithful observance of all of the laws and lawful regulations of this state regulating the conservation, dealing in, taking, selling, transporting, or possession of fish, seafoods, and other salt water products, and cooperation in the enforcement of all such laws, to every reasonable extent, which pledge may be included in the application for permit and license. Any person violating the provisions of this section shall, upon conviction, be punished by a fine not exceeding $600, or by imprisonment not exceeding 1 year.

(4 ) LICENSE REVOCATION; PENAL-TY.-

(a) Permits and licenses issued to seafood dealers, under the provisions of this chapter, are good only to the person to whom issued, and named therein and are not transferable. Such permit and licenses may be revoked.

1. By the division. upon the convic~ion. of the person, to whom Issued, Oi any vlOlatlOn of the laws or regulations designed for the conservation of fish, seafoods or other products of the fresh or salt waters of this state; or

2. Upon conviction of the said person, to whom issued, or knowingly dealing in, buying, selling, transporting, possessing or taking any fish seafood, or salt water product, at any time and' from any waters, in violation of the laws of this state; or

3. By the division upon satisfactory evid~nce of any violation of the laws or any regulations of this state designed for the conservation of fish, seafoods or other products of the fresh or salt waters of this state or of any of the laws of this state relating to dealing in. buying, selling, transporting, possession or taking of fish, seafoods, or salt water products. Before any permit or license is revoked by the division the person to whom issued shall be furnished with a copy of the charges made against him and shall be given an opportunity to present his defense to the charges made against him either by himself or by attorney.

(b) Upon revocation of such permit or license no other or further permit or license may be issued to the holder of the one revoked within three years from the date of revocation, ex-

cept upon special order of the division. After revocation as aforesaid it shall be unlawful for such seafood dealer to exercise any of the privileges of a licensed seafood dealer. Any person violating the provisions of this section shall, upon conviction, be punished by a fine of not exceeding $600, or by imprisonment not exceeding 1 year.

(5) RECo.RDS TO. BE KEPT; PENALTY.Seafood dealers shall be required, by the division to make and preserve a record of the names and addresses of persons from whom or to whom fish, seafoods, or other products of the salt waters of the state are purchased or sold, and the quantity so purchased or sold from or to each vendor or purchaser, and the date of each such transaction, and such record shall be open to inspection at all times by the division. A monthly report shall be made to the division covering such sale or sales of products of salt waters of the state. The permit or license of any dealer shall be revoked for failure or refusal to make and keep such records and make such reports, or for failure or refusal to permit the examination thereof as required, or for falsifying any such record; provided this section shall not apply to sales by retail dealers in retail quantities to consumers. Any person violating the provisions of this section shall, upon conviction, be punished by a fine of not exceeding $500, or by imprisonment not exceeding 6 months.

Hlstory.-§2, ch. 28145, 1953 ; §1, ch . 29990, 1955; 11, ch. 57-387 ; H I , 2, ch. 57-335 ; 12, ch. 61-22; 11. ch. 61-376; 11, ch. 65-537 ; II, ch. 67-212 ; 11, ch. 67-262 ; §§25, 35, ch. 69-106.

Note.-8lmilar provisions In former §§371.l1, 374.30-374.34. ct.-1775.06 Alternative punishment.

370.071 Adoption of rules, r.egulations and sanitary codes.-The department of natural resources is authorized to establish regulations, specifications and codes of sanitary practices relating to the catching, handling, processing, packaging, preserving, canning, smoking and storing of salt water products for sale for consumption as human food.

History.-§l , ch . 65-110 ; §§ 25. 35, ch . 69- 106.

370.08 Fisherman and equipment; regulation.-

(1) ILLEGAL Po.SSESSION OF SEINES AND NETS.-N 0 person may have in his custody or possession in any county of this state any fishing seine or net, the use of which for fishing purposes in such county is prohibited by law. Such possession shall be evidence of a violation of this section by both the owner thereof and the person using or possessing said net. The provisions of this section shall not apply to shrimp nets or to pound nets or purse nets when used in taking menhaden fish, or seines used exclusively for taking herring or to legal beach seines used in the open Gulf or Atlantic ocean if the possession of such nets is not prohibited in the county where found.

(2) STo.P NETTING DEFINED; PRo.HIBITION; PENALTY.-It is unlawful for any person to obstruct any river, creek, canal, pass,

1842

Ch. 370 SALT WATER FISIIERIES AND CONSERVATION Ch. 370

bayou or other waterway in this state by placing or setting therein any screen, net, seine, rack, wire or other device, or to use, set or place any net or seine or similar device of any kind, either singularly or in rotation or one behind another in any manner whatsoever so as to prevent the free passage of fish. Any person violating this section shall, upon conviction, be fined not less than one hundred dollars or more than five hundred dollars and/or imprisonment for not less than six months or more than one year.

(3) USE OF PURSE SEINES, GILL NETS, AND POUND NETS, ETC.; PENALTY.-No person may take food fish within or without the waters of this state with a purse seine, purse gill net, or other net using rings or other devices on the lead line thereof, through which a purse line is drawn, or pound net, or have any food fish so taken in his possession for sale or shipment. The provisions of this section shall not apply to shrimp nets or to pound nets or purse seines when used for the taking of tuna or menhaden fish only. Any person violating this section shall, upon conviction, be punished by a fine of not less than two hundred dollars or more than five hundred dollars or by imprisonment of not less than six months or more than one year.

(4) RETURN OF FISH TO WATER; PENALTY.-All persons, taking food fish from any of the waters of this state, by use of seines, nets, or other fishing devices and not using any of such fish because of size or other reasons, shall immediately release and return such fish alive to the water from which taken and no such fish may be placed or deposited on any bank, shore, beach or other place out of the water. Any person violating or failing to comply with the provisions of this section shall, upon conviction, be punished by a fine of not more than six hundred dollars or imprisonment for not more than six months.

(5) THROWING EXPLOSIVES IN WATER FOR PURPOSE OF KILLING FISH PROHIBITED; PENALTY.-No person may throw or cause to be thrown, into any of the waters of this state, any dynamite, lime. other explosives or discharge any firearms whatsoever for the purpose of killing food fish therein. Any person violating any of the provisions of this section shall be punished by a fine not exceeding six hundred dollars, or by imprisonment not exceeding one year.

(6) SEINES, POCKET BUNTS.-In any counties where seines are not prohibited on the open gulf or Atlantic ocean, such seines may have a pocket bunt on the middle of the seine of a mesh size less than that provided by law.

(7) GILL NETS.-In any county in which gill nets or gill netting is not prohibited, such nets when being fished may be gathered or taken in or taken up in any manner when · such nets are gathered in, taken in or taken up by hand, provided, that no net may be pulled up on shore where seining is prohibited.

(8) USE OF GEAR AND OTHER EQUIPMENT.-Whenever it shall appear in the best interests of conservation and will result in a more efficient use of offshore fisheries resources, the division of marine resources of the department may issue a permit for the use of gear and equipment essential to such exploitation. The provisions of this section do not apply to shrimping and sponging operations and all local and general laws pertaining to shrimps and sponges remain in effect.

(9) SNATCH HOOKS, USE OF PROHIBITED TO TAKE SNOOK.-The taking of the game fish snook in state waters is prohibited except by use of the standard bait, lure, plug or spoon. It is unlawful to take snook by use of gig or grain, gang hook, multiple hooks, snatch hooks, or any other device designed to impale or hook the fish. What is commonly called snook snatching is prohibited in the waters of this state.

Hlstory.-12, ch. 28145, 1953 ; (6) n. II, ch . 57-765; (7) n . U . ch. 57-766 ; I I , ch. 59-477 ; f l . ch . 65-182 ; §§ 25, 35. ch . 69-106 ; f l . ch . 69-231.

Note.-Slmllar provisions In former 11371 .08, 371.09, 371.12. 371.13. 371 .14. 373.15.

370.09 Industrial hazards; oil deposits discharge prohibited. - It is unlawful for any person to discharge, flow, drain or deposit oil or to suffer or permit oil to be discharged, flowed, drained or deposited upon or into any of the salt waters of the state, either from or out of any vessel, barge, or other floating craft, or from any wharf, mill, mine, factory or other establishment or place whatever.

Hlstory.-§2, ch. 28145. 1953. Note.-8lmllar provisions In former 1373.13.

370.10 Crustacea, marine animals, fish; regulations; general provisions.-

(1) OWNERSHIP OF FISH, SPONGES, ETC.-All fish, shell fish, sponges, oysters, clams and crustacea found within the rivers, creeks, canals, lakes, bayous, lagoons, bays sounds, inlets and other bodies of water withi~ the jurisdiction of the state, and within the gulf of Mexico and the Atlantic ocean, within the jurisdiction of the state, excluding all privately owned enclosed fish ponds not exceeding one hundred fifty acres, are the property of the state and may be taken and used by its citizens and persons not citizens, subject to the reservations and restrictions imposed by these statutes. No water bottoms owned by the state shall ever be sold or transferred without reserving in the people the absolute right to fish thereon, except as otherwise provided in these statutes.

(2) TAKING FISH, CRUSTACEA AND ANIMALS FOR SCIENTIFIC PURPOSES.The division of marine resources may issue certificates, upon such terms, conditions, and restrictions as it may prescribe, to any properly accredited person permitting him to collect and have in possession salt water fish. including shell fish and aquatic mammals, for experimental, scientific and exhibitional purposes.

1843


The certificate issued may permit the holder thereof to take and catch food fish or shell fish for use in feeding specimens of fish or aquatic mammals in aquariums. In order to obtain such certificate the applicant must present to said division evidence of his fitness to be entrusted with such certificate. Certificates issued under the provisions of this section may be forfeited and revoked by the said division upon satisfactory proof that the holder has violated any of the provisions of this section or of the certificate and the holder shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished as provided by law.

Hlotor), .-12, ch. 28145, IP53; 1*25, 35, ch . 69-106. Note.-Slmllar provIsIons In former 11371.04, 373.08.

370.101 Salt water fish; regulations.-(1) The division of marine resources is au

thorized to establish weight equivalencies when minimum lengths of salt water fish are established by law, in those cases where the fish are artificially cultivated.

(2) Permits may be issued by the division for catching and possession of undersized fish after it has first established that such undersized specimens are to be used as stock for artificial cultivation.

Hlotor)'.-11, ch. 67-546; 1125, 35, ch. 6P-106.

370.11 Fish; regulation.-(1) CATCHING FOOD FISH FOR PUR

POSES OF MAKING OIL PROHIBITED; PENALTY.-No person shall take any food fish from the waters under the jurisdiction of the state, for the purpose of making oil, fertilizer or compost therefrom. Purse seines may be used, for the taking of non-food fish for the purpose of making oil, fertilizer or compost. Any person violating any of the provisions of this section shall be punished by a fine of not exceeding six hundred dollars, or by imprisonment for not exceeding one year.

(2) LENGTH OF SALT WATER FISH REGULATED.-No person shall take, have in his possession, buy, offer for sale, sell or unnecessarily destroy, at any time, any of the following salt water fish, of less length than that set forth as follows: Bluefish of less length than ten inches from tip of nose to fork of tail ; pompano of less length than ten inches from tip of nose to fork of tail; fluke or flounder of less than eleven inches from tip of nose to fork of tail; mackerel and salt water speckled trout or spotted weakfish of less than twelve inches from tip of nose to fork of tail; redfish of less length than twelve inches from tip of nose to fork of tail; snook of less length than eighteen inches from tip of nose to fork of tail; black mullet of less length than twelve inches from tip of nose to end of tail, except in waters located west of the Aucilla river to the Alabama line, ten inches from tip of nose to end of tail; and waters west of the Withlacoochee river to the Aucilla river eleven inches to be measured from tip of nose to end of tail on black mullet; provided that no more than ten per cent of

the individuals of any particular species may be undersized according to legal lengths established for that species.

(3) REGULATION; FISH; SHAD, PROTECTION DURING SPAWNING SEASON; PENALTY.-No person may use any purse or drag seine, or build or maintain any dike or pound in any stream, river or waters of this state, whereby shad may be prevented from running or passing up or through during their spawning season, between November 15th and March 15th of every year; any person '7iolating this section shall, upon conviction, be punished by a fine not exceeding three hundred dollars, or by imprisonment not exceeding ninety days.

(a) Fishing for shad between Saturday afternoon and Monday morning; penalty.-Whoever fishes for shad between sundown on Saturday afternoon and sunrise on Monday morning shall, upon conviction, be punished by a fine not exceeding one hundred dollars, and by confiscation of the boat and fishing tackle used in such unlawful acts.

(b) Shad; closed season.-It is unlawful for any person to take, have in his possession, buy, sell, offer for sale, or ship or for any common carrier to transport any fresh or freshly salted shad, or any fresh or freshly salted shad roe between the fifteenth day of March and the fifteenth day of November of each year.

(c) Use of certain gill net for capture of shad,' penalty.-No person may place in the rivers of this state any gill net, for the capture of shad, of a less size than two and one-half inches bar from knot to knot, or five inches stretched mesh from knot to knot. Any person violating any of the provisions of this section shall, upon conviction, be punished by a fine not exceeding six hundred dollars, or by imprisonment not exceeding one year.

(d) Fishing for shad with hook and line.-1. Nothing in this section shall prevent

the taking of shad at any time by means of pole and line, rod and reel, plug, bob, spinner, spoon, fly, troll or other natural or artificial bait used with hook and line. However, no person is permitted to take in one day more than fifteen shad by the above methods.

2. Any person violating the provisions of this section shall, upon conviction, be punished by a fine not exceeding $300.00 or by imprisonment not exceeding 90 days.

(4) REGULATION; FISH; TARPON, ETC.; PENALTY.-No person may sell, offer for sale, barter, exchange for merchandise, transport for sale, either within or without the state, offer to purchase or purchase any species of fish known as tarpon (tarpon atIanticus) provided, however, anyone person may carry out of the state as personal baggage or transport within or out of the state not more than two tarpon if they are not being transported for sale. The possession of more than two tarpon by anyone person is unlawful; provided, however, any person may catch an unlimited number of tarpon if they are immedi-

1844

Ch. 370 SALT WATER FISIIERIES AND CONSERVATION Ch. 370

ately returned uninjured to the water and released where the same are caught. No common carrier in the state shall knowingly receive for transportation or transport, within or without the state, from anyone person for shipment more than two tarpon, except as hereinafter provided. It is expressly provided that any lawful established taxidermist, in the conduct of taxidermy, may be permitted to move or transport any reasonable number of tarpon at any time and in any manner he may desire, as specimens for mounting; provided, however, satisfactory individual ownership of the fish so moved or transported can be established by such taxidermist at any time upon demand. Common carriers shall accept for shipment tarpon from a taxidermist when statement of individual ownership involved accompanies bill of lading or other papers controlling the shipment. The division of marine resources may, in its discretion, upon application issue permits for the taking and transporting of tarpon for scientific purposes. Any person violating any of the provisions of this section shall be guilty of a misdemeanor, and upon conviction, be punished by a fine of not less than one hundred dollars nor more than five hundred dollars, or by imprisonment in the county jail not exceeding six months.

(5) REGULATION; FISH; SAILFISH; PENALTY.-No person may sell, offer for sale, barter, exchange for merchandise, transport for sale, either within or without the state, offer to purchase or purchase any species of fish known as sailfish; provided, however, anyone person may carry out of the state as personal baggage or transport within or out of the state not more than two sailfish if they are not being transported for sale. The possession of more than two sailfish by anyone person is unlawful; provided, however, any person may catch an unlimited number of sailfish if they are immediately returned uninjured to the water and released where the same are caught. No common carrier in the state shall knowingly receive for transportation or transport, within or without the state, from anyone person for shipment more than two sailfish except as hereinafter provided. It is expressly provided that any lawful established taxidermist in the conduct of taxidermy, may be permitted to move or transport any reasonable number of sailfish at any time and in any manner he may desire, as specimens for mounting; provided, however, satisfactory individual ownership of the fish so moved or transported can be established by such taxidermist at any time upon demand. Common carriers shall accept for shipment sailfish from a taxidermist when statement of individual ownership involved accompanies bill of lading or other papers controlling the shipment.

(6) SAILFISH, TRANSPORTING.-Sailfish being transported shall be kept intact and flesh shall not be removed from the skeleton; provided, however, sailfish after having been delivered to a bona fide taxidermist or smoking

establishment, may be dismembered. Blstor,..-f2. ch . 28145. 1953; ttl. chs. 29869. 29877. ttl. 2.

ch. 29945 and 124. ch 29615. 1955; (2) tl. cb. 57-372; (5) r . fl . ch. 57-127; (2) fl. ·ch . 59-384; (6) n. tl .. ch. 59-473; (2) tl. ch. 61-169; U25. 35. ch. 69-106.

N ote.-Slmllar provisions In former 11371.07. 374.02. 374.04-374.07. 374.19. 374.23. 374.24.

370.111 Snook, regulation.-(1) It shall be unlawful to take or attempt

to take any snook from any of the salt, fresh, or tidal waters of the state, by means of any device except pole and line, bob, spinner lure, or troll manually.

(2) It shall be unlawful for any person, firm or corporation while fishing any net, seine or any other device prohibited by this section to have in his possession any snook; any snook taken by any trap, seine, net, or any other device prohibited by this section shall be immediately returned to the water alive.

(3) It shall be unlawful for any person to have in his possession more than four snook, none of which shall measure less than eighteen inches in length. It shall be unlawful for any person, firm, or corporation to have in his or its possession at any time more than two days bag limit.

(4) It shall be unlawful for any wholesale or retail fish dealer to possess, buy, sell or store any snook or permit any snook to be possessed, bought, sold or stored on, in or about the premises where such wholesale or retail fish business is carried on or conducted. It shall be unlawful for any person, firm or corporation to buy and sell snook in any form.

(5) Any person, firm or corporation found guilty of violating the provisions of this section shall be punished by fine of not more than $500.00 or by imprisonment of more than 6 months.

mstor,..-tll-5. ch. 57-275.

370.112 Striped bass, regulation.-(1) It is unlawful for any person, firm or

corporation to take or attempt to take any striped bass from any of the salt, fresh or tidal waters of Florida, by means of any device except pole and line, bob, spinner lure, or manua.l troll.

(2) It is unlawful for any person, firm or corporation to have in their possession more than six striped bass taken from any of the salt, fresh or tidal waters of Florida, by means of any of the devices permitted in subsection (1) of this section.

(3) It is unlawful for any person, firm or corporation while fishing with any trap, net, seine or any other device prohibited by this section to have in his possession any striped bass. Any striped bass taken or attempted to be taken by trap, net, seine or any other device prohibited by this section shall be immediately returned to the water alive.

(4) It is unlawful for any wholesale or retail fish dealer to have in his possession, to offer to purchase, purchase, to offer to sell, sell, barter or transport for sale any striped

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bass, or . permit any striped bass to be stored, possessed, offered for purcha~e, purchased, offered for sale or sold in or about the premises where such wholesale or retail fish business is carried on or conducted.

(5) It is unlawful for any person, firm or corporation to offer to purchase, purchase, offer to sell or sell r;triped bass in any form.

(6) Any person, firm or corporation violating the provisions of this act shall be punished by a fine of not more than $500.00 or by imprisonment of not more than 6 months.

Bistory.-Il, ch. 63-84.

370.113 Queen conchs of the species strombus gigas; regulation.-

(1) It is unlawful for any person to take from any salt, fresh, or tidal waters of this state more than ten queen conchs of the species strombus gigas in any calendar day, or to have in his possession at any time more than twenty such conchs.

(2) It is unlawful for any wholesale or retail fish dealer to have in his possession, to offer to purchase, purchase, to offer to sell, sell, barter or transport for sale any queen conchs of the species strombus gigas for purposes other than for use as food.

(3) The provisions of subsections (1) and (2) shall not be applicable to any species of queen conchs imported from another country.

(4) Any person, firm, or corporation violating the provisions of this act shall be punished by a fine of not more than $500.00 or by imprisonment of not more than 6 months.

Bistory.-§l, ch. 65-488; 11, ch. 69-223 .

370.12 Marine animals; regulation.-(1) PROTECTION OF MARINE TUR

TLES; NESTS AND EGGS; PENALTY.-(a) No person may take, possess, disturb or

mutilate or in anywise destroy or cause to be destroyed any marine turtle nest or eggs at any time. Any person violating this paragraph shall, upon conviction, be punished by a fine not exceeding $100.00 or by imprisonment not ex· ceeding 60 days.

(b) 1. It shall be unlawful for any person to take, kill, possess, mutilate or in anywise destroy any loggerhead or green turtle or other sea turtle while such turtle is on the beaches of Florida or within one half mile seaward from the beaches during the months of May, June, July and August of each year.

2. Any person violating this paragraph shall, upon conviction, be punished by a fine not exceeding $600 or by imprisonment not exceeding 1 year.

(2) PROTECTION OF MANATEES OR SEA COWS; PENALTY.-

(a) Whenever the division of marine resources shall be satisfied that the interest of science will be subserved, and that the application for a permit to capture a manatee or sea cow is for a scientific or educational purpose and should be granted, it may grant to any person making application a special permit to

capture a manatee or sea cow, which permit shall specify the exact number which shall be captured and maintained in captivity. Any person who shall kill, capture, or possess a manatee or sea cow (trichechus latirostris), without having obtained a permit, shall, upon conviction, be fined not more than $500 or imprisoned not more than 6 months, or by both such fine and imprisonment.

(b) It shall be unlawful for any person, firm or corporation to annoy, injure, molest or torture a manatee or sea cow by any instrument, process or procedure. Any person who shall annoy, injure, molest or torture a manatee or sea cow, shall, upon conviction, be fined 'not more than $500 or imprisoned not more than 6 months, or by both such fine and imprisonment.

(3) PROTECTION OF PORPOISES; PENALTY.-

(a) It shall be unlawful to catch, attempt to catch, molest, injure, kill, annoy or otherwise interfere with the normal activity and well being of porpoises.

(b) The division is authorized to issue permits for actions relating to porpoises, including their capture and maintenance in captivity, when it is assured that facilities and capabilities exist that will insure proper treatment, and that conservation of the species is not adversely affected by the existence of such permits.

(c) Any person, firm or corporation violating the provisions of this subsection shall be guilty of a misdemeanor and punished as provided by law.

Hlstory.-§2, ch. 28145, 1953; til, 2, ch. 57-771; fl, ch. 59-483 ; 11, ch. 67-2198; §§25, 35, ch . 69-106 .

Note.-Similar provisions In former §§374.16, 374.18. cf.-t775.06 Alternative punishment.

370.13 Stone crabs; regulation.-It shall be unlawful for any person, persons, firm or corporation to catch or have in their possession, for their own use or to sell or offer for sale any stone crab whatsoever of any size between June 1 and October 15, of each and every year. It shall be unlawful to possess, sell or offer for sale any stone crab at any time, which has a claw less than four inches in length. Provided further, that female stone crabs may not be taken at any time; and provided, further, that the use of spears, gigs, or similar devices in the taking of stone crabs is expressly prohibited and forbidden. Any person violating this section, shall upon conviction, be fined not less than $100.00, nor more than $500.00 or imprisoned not less than 90 days nor more than 6 months, for each offense.

Blstory.-12, ch. 28145, 1953 ; (2) r . §t, ch. 61-482; 11, ch. 63-3. Note.-8lmllar provisions in former 11374.08, 374.09.

cf.-§775.06. Alternative punishment.

370.132 Stone crabs, closed season.-(1) It is unlawful for any person, firm or

corporation to catch or have in its possession, regardless of where taken, for its own use or to sell or offer for sale, any stone crab or part thereof whatsoever of any size between May

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15 and October 15 of each and every year, except as provided by §370.141 for storage and distribution of inventory stocks.

(2) Any person violating this section shall upon conviction be fined not less than $100.00 nor more than $500.00 or imprisoned not less than 90 days nor more than 6 months for each offense.

Hlstory .-§!1, 3, ch. 69-261. Note.-~2, ch. 69-261 repealed the following special laws: chs.

3021[, 1955 (Hernando, Washlpgton and Holmes Counties), 61-679 (DIxie County), 63-603 (Citrus County), 65-715 (Collier County) and 65-1083 (Levy County).

370.14 Crawfish; regulation.-(1) INTENT.-It is the intent of the legis

lature to maintain the crawfish industry for the economy of our state, The provisions of this act regulating the taking of salt water crawfish are for the purposes of insuring and maintaining the highest possible production of salt water crawfish.

(2) TAKING OF CERTAIN CRAWFISH PROHIBITED.-

(a) 1. No person, firm or corporation shall take or have in his possession at any time regardless of where taken, any salt water crawfish (spiny lobster or crayfish) of the species panulirus argus unless such salt water crawfish (spiny lobster or crayfish) of the species panulirus argus shall have a carapace measurement of more than three inches or shall have a tail measurement of more than five and one half inches, not including any protruding muscle tissue.

2. The carapace (head, body, or front section) measurement shall be determined by beginning at the anteriormost edge (front) of the groove between the horns directly above the eyes, then proceeding along the mid-dorsal line (middle of the back) to the rear edge of the top part of the carapace. The tail (segmented portion) shall be measured lengthwise along the center of the entire tail until the rearmost extremity is reached; provided, the tail measurement shall be conducted with the tail in a flat straight position with the tip of the tail closed. The tail measurement shall not be permitted while the crawfish is in a whole condition.

(b) Crawfish must remain in a wnole condition at all times while being transferred on, above, or below the waters of the state and the practice of wringing or separating the tail (segmented portion) from the body (carapace or head) section shall be prohibited on the waters of this state except by special permit issued by the division of marine resources. Any tail so separated under the provisions of a special permit shall measure no less than six inches measured lengthwise from the point of separation along the center of the entire tail until the rearmost extremity is reached. The tail measurement shall be conducted with the tail in a flat straight position with the tip of the tail closed. Said measurement shall be applicable on board any vessel used for the taking of crawfish or at the dock where such

crawfish are unloaded. It shall not be applicable where crawfish are in possession of seafood dealers.

(c) Egg-bearing female crawfish shall not be taken or possessed at any time. Egg-bearing female crawfish found in traps shall be immediately returned to the water free, alive and unharmed.

(d) The practice of stripping or otherwise molesting egg-bearing crawfish in order to remove the eggs is prohibited.

(3) TRAPS; BUOYS; PERMIT NUMBERS; SUSPENSION OR REVOCATION OF PERMITS.-

(a) No person, firm or corporation shall have in his possession at any time, or fish with, set, place, or cause to be fished with, set or placed, any trap other than those described below:

1. Wood slat traps, not to exceed three feet in length, two feet in width and two feet in height, or the equivalent in cubic feet;

2. Ice cans, drums, and similar devices, provided that no trapping device shall at any time include grains, spears, grabs, hooks, or similar devices.

a. The traps and methods of taking crawfish described in subparagraphs 1. and 2. may be used only during those periods of time when such activities are permitted under law and may not be used during those periods when crawfish trapping and taking are prohibited. Traps may be placed in the water and baited ten days prior to the opening of the crawfish season and shall be removed within five days after the close of the crawfish season; provided, however, nothing herein shall authorize the landing or sale of any crawfish during the closed season.

b. The traps described in subparagraphs 1. and 2. may be reinforced with sixteen gauge, one inch poultry wire as a protection against the ravages of turtles. Such reinforcement shall be limited to the sides of the trap. The tops and bottoms shall not be so protected.

(b) A buoy shall be attached to each trap, provided, however, whenever traps are tied together in a trot line, which trot line shall not exceed twenty traps, a flag buoy shall be attached to each of the end · traps which flag shall be easily distinguished, seen and located and shall bear the permit number. This buoy must be of sufficient strength and buoyancy to continuously remain afloat and must be of such color, hue, and brilliancy as to be easily distinguished, seen, and located. Each trap, can, drum, and similar device used for taking or attempting to take crawfish must have a permit number permanently attached to the device and the buoy. No numbers shall be permitted other than the current permit holder numbers. This permit number may be issued by the division of marine resources upon the receipt of application by the owner of the traps, cans, drums, buoys, or similar devices. The design

1847


of the applications and of the permit number shall be determined by the division. The trap permit number shall be painted or affixed in legible figures at least three inches high on each buoy, drum, can, trap, or similar device. Any trap, drum, can, buoy, or similar device used in the taking or in attempting to take crawfish, other than the devices listed and described in subparagraphs 1. and 2. or paragraph (a), with permit number attached as prescribed in this paragraph, shall be seized and destroyed by the division.

(c) The crawfish permit must be on board boat and with the operator, subject to inspection at all times. Only one permit shall be issued for each boat. The crawfish permit number must be prominently displayed above topmost portion of boat at all times while engaged in crawfish operation so as to be easily and readily identified.

(d) Possession of crawfish traps or other devices for the taking of crawfish, above or below the surface of the water or the placing or setting of traps or similar devices during the closed season shall be unlawful, except as authorized herein.

(e) Upon the arrest and conviction for vio-1ation of any of the crawfish regulations or laws, the permit holder must show just cause why his permit should not be suspended or permanently revoked.

(4) CLOSED SEASON.-No person, firm, or corporation shall take or have in his possession, regardless of where taken, any salt water crawnsh (spiny lobster or crayfish) of the species panulirus argus, between March 31 and August 1, of each year, except as provided by §370.-141, for storage and distribution of inventory stocks.

(5) CARRIERS.-No common carrier or employee of said carrier may carry or ~mowingly receive for carriage or permit the carriage of any crawfish of the species panulirus argus, regardless of where taken, between March 31 and August 1, of each year, except of the species panulirus argus lawfully imported from a foreign country for reshipment outside of the territorial limits of the state; but in no case will such shipment be permitted to pass through the territorial limits of the state unless accompanied by certified invoice and the crawnsh must be immediately shipped out of the state from the port of entry and may not be processed or repackaged in any manner while in Florida.

(6) PENALTY.-(a) Any person violating the provisions of

this section is guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding $500.00 or by imprisonment in the county jail not exceeding 1 year or by both nne and imprisonment.

(b) Any person convicted of a violation of this act for a second or more time is guilty of a misdemeanor and shall be punished by a fine of

not less than $100.00 nor more than $500.00 or imprisonment in the county jail not to exceed 1 year or both fine and imprisonment.

Hlstory.-§2. ch. 28145. 1953; 11. ch. 29896. 1955; 11. ch. 65-53 ; fl. ch. 65·251; §§25. 35. ch . 69-106; i1. ch. 69-228.

Note.-Simllar provisions in former §§374.10. 374.11. ef.-1775.06. Alternative punishment.

370.141 Crawfish and stone crab; reports by dealers during closed season required.-

(1) Within three days after the commencement of the closed season for the taking of salt water crawfish and stone crabs, each and every seafood dealer, either retail or wholesale, of the state shall submit to the division of marine resources, on forms provided by the division, a sworn report of the quantity, in pounds, of frozen salt water crawfish and stone crabs, frozen crawfish tails, and frozen crawfish and stone crab meat in his (its) name or possession at the beginning of the aforementioned closed season. This report shall state the location of and describe each as to the number of pounds of frozen crawfish and stone crabs, frozen crawfish tails, and frozen crawfish and stone crab meat. Any reports postmarked later than midnight of the third day after the commencement of the closed season shall not be accepted by the division, and the frozen stocks or crawfish and stone crabs reported therein shall be seized by the division.

(2) Whenever any dealer fails to submit a report as described above or should any dealer report a greater or lesser amount of frozen crawfish or stone crabs, frozen crawfish tails or frozen crawfish or stone crab meat than is actually in his (its) possession or name, said dealer is and shall be considered in violation of the provisions of §§370.13 and 370.14, and the division shall seize the entire supply of unreported or falsely reported frozen crawfish and stone crabs, tails or meat and shall carry same before the court for disposal as provided for under §370.061.

(3) Provided further, each and every dealer having reported stocks of frozen crawfish and stone crabs as aforesaid may sell or offer for sale such stocks of frozen crawfish or frozen stone crabs; provided, however, such dealer shall submit an additional report on the first and fifteenth day of each month during the duration of the closed season on forms supplied by the division. Each dealer shall state on this report the number of pounds sold during the report period and the pounds remaining on hand. In every case the amount of frozen crawfish and stone crabs sold and the amount remaining on hand shall total to equal the amount reported on hand in the last submitted report. Reports postmarked later than midnight of the second and sixteenth of each month during the duration of the closed season shall not be accepted by the division. Whenever any dealer fails to submit the semi-monthly supplementary report as described above the division shall impound said dealer's entire stock of frozen crawfish and stone crabs for the remainder of the closed season.

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(4) Each and every seafood dealer shall at all times during the closed season make his stocks of frozen crawfish and stone crabs, frozen crawfish tails or frozen crawfish and stone crab meat available for inspection by the division.

(5) Each dealer in frozen crawfish or stone crabs, frozen crawfish tails or frozen crawfish and stone crab meat shall keep throughout the period of the closed season copies of the bill of sale or invoice covering each transaction involving frozen crawfish and stone crabs, tails or meats excepting only retail sale directly to the consumer. Such invoices and bills shall be kept available at all times for inspection by the division.

(6) Any person violating this section shall, upon conviction, be punished by a fine not exceeding $500 or by imprisonment in the county jail not exceeding 1 year or by both such fine and imprisonment.

BlstorY.-!U-6. ch. 57-386; §§25, 35, ch. 69-106 .

370.15 Shrimp; regulation.-(1) GENERAL AUTHORITY; CONSER

VATION.-The department is authorized and directed to adopt, promulgate and enforce rules and regulations consistent with the provisions of this section and the general policy of encouraging the production of the maximum sustained yield consistent with the preservation and protection of breeding stock, taking into consideration the recommendations of the various marine laboratories, as well as those of interested and experienced groups of private citizens. Such rules and regulations are to control the method, manner and equipment used in the taking of shrimp or prawn, as well as limiting and defining the areas where taken.

(2) SHRIMP CATCH REGULATION; PENALTY.-

(a) It is unlawful for any person, firm or corporation to catch, kill or destroy shrimp or prawn within the waters of this state, or have in his possession on board his vessel, or in his place of business, any small shrimp or prawn taken in such waters, provided such small shrimp or prawn constitute at least five per cent of all such shrimp or prawn in such possession. Small shrimp or prawn are defined as those that require more than forty-seven with the heads or seventy without the heads to make a pound by shrimp count. The words "shrimp count" shall refer to the number of shrimp heads off, seventy to make a pound or fortyseven with the heads on to make a pound. This count shall be determined by random sampling in five different locations in the catch, at as widely separated distances and depths as practicable. Each sample shall consist of at least one pound of shrimp. The average counts of these five samples shall be the established count for the cargo. In the event shrimp, which when caught and landed were of legal size under the terms of this subsection, are thereafter graded for size for the purpose of packaging,

processing or for other lawful purpose, and the smaller shrimp making up the average count of such entire lot as herein provided are graded out into separate lot or lots, and such shrimp so segregated from such entire lot are above the average count as herein provided, the possession, purchase, sale, unloading, transporting or handling of such particular smaller graded shrimp shall not be unlawful. This provision shall exclude any product which has been processed and imported into the state. Processed is defined as frozen, canned or packaged in up to ten pound packages. It is further provided that this section shall not apply to bait shrimp. '

(b) Any person, firm, or corporation convicted of violating the provisions of this subsection, shall be guilty of a misdemeanor and shall be fined an amount not less than $100.00 and no more than $500.00. In the event of a second or subsequent conviction of a violation of this subsection within twenty-four months, the division shall suspend the license of the violator for a period not to exceed 1 year.

(3) REGULATION OF BREEDING AREAS. -Any areas or places as defined in subsection (2) shall be designated sanctuary areas for shrimp and prawn to be opened or closed to the taking of shrimp or prawn according to the provisions of this section or the rules and regulations of the division.

(4) CATCHING SHRIMP AT NIGHT.-It shall be unlawful to catch or attempt to catch shrimp or prawn in the territorial waters of the state in any county whose coastal boundary borders solely on the Atlantic ocean, by use of trawl nets during night hours except during the months of June, July and August.

(5) SHRIMP FISHING; PERMITS; PENALTY.-

(a) All persons, firms and corporations desiring to fish for commercial or bait shrimp within areas in which trawling is permitted shall first apply to the division of marine resources for a permit. Such applications shall be made on forms to be supplied by the division and which shall require the applicant to furnish such information as may be deemed pertinent to the best interests of salt water conservation. Provided, that the division may refuse to grant permit when it shall be apparent that the best interests of salt water conservation will be served by such denial. Provided further, that permits so granted shall remain on board at all times and will be subject to immediate revocation upon conviction for violation of this section or when it shall be apparent that the best interests of salt water conservation will be served by such action. Provided further, that due to the varied habitats and types of bottoms and hydrographic conditions embraced by the open fishing area, the division shall have the authority to specify and regulate the types of gear that may be used in the different sections of the open areas.

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(b) Any person, firm, or corporation convicted of violating the provisions of this section, shall be guilty of a misdemeanor and shall be fined an amount not less than $100.00 and no more than $500.OQ. In the event of a second or subsequent conviction of a violation of this subsection within twenty-four months, the division shall suspend the license of the violator for a period not to exceed 1 year.

(6) (a) It is unlawful to take or catch shrimp, other than bait shrimp with any type net or other method, in the following area:

That portion of Santa Rosa sound lying in Escambia, Santa Rosa and Okaloosa counties and between Brooks bridge as the east boundary and a line drawn due north and south between Santa Rosa county and Santa Rosa island passing through the center of Deer Point Light as the west boundary. Live bait shrimp may be caught at any time but only under permit issued by the division. Permittees must fish with gear and under those conditions specified by the division.

Application for such permits shall be on forms supplied by the division and no charges may be made for issuing said permits. Permits shall be revokable when holder does not comply with the laws and regulations applicable to salt water conservation.

(b) Any person convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and shall be punished as provided by law.

Hlstory.-*2. ch. 28145. 1953; (4). (5) n . U, ch . 59-343; (6) n. §1 . ch. 61-525; (6) fl, ch. 63-338; (2) Ill, 3, (5) H2, 3, ch. 65-343; §§25, 35, ch. 69-106.

which lie east of the 82 0 meridian west longitude may be considered separately from those lying west of said meridian.

(3) (a) Whenever the division of marine resources shall determine that in any area or areas within the said Tortugas bed the preponderance of shrimp is of such small size that the continuous taking of shrimp from this area or areas is harmful, the division shall declare said area or areas to be closed. Appropriate buoys or other markings will designate sucr. closed areas and notice of such closings will be published in one daily newspaper in Lee county, in one daily newspaper in Monroe county, and in one bi-weekly newspaper in Collier county, and announced over the radio frequently used by shrimp vessels in this area.

(b) Periodic surveys shall be made by the division in such closed areas, and when it is determined that the interests of conservation are best served, such closed areas shall again be open for the taking of shrimp, with appropriate notices being published in daily newspapers in Lee and Monroe counties as provided hereinbefore in subsection (3) (a). Such notices shall carry the day and hour on which such closed areas shall be reopened, and they shall be published at least forty-eight hours prior to the designated reopening of such closed areas.

(c) For the purpose of determining the closing of an area with regard to the size of shrimp therein, it is the sense of this legislature that when a series of drags by net in an area shows that the total average catch is sixty count or smaller shrimp, the count being made with heads off, the continued taking of shrimp therein is injurious to proper conserva-

370.151 Tortugas shrimp beds; closed areas; tion. permits; penalties.- (d) There is also established a nursery area

(1) It is the intention of the legislature of in which no shrimping shall be permitted at any this state that action should be taken to con· time, except live bait production as provided in serve the supply of shrimp in the large shrimp this chapter. The nursery area thus established bed which lies in the vicinity of the island of is encompassed by a line defined as follows: Dry Tortugas in the Florida Keys, and which Begin at Coon Key Light in Collier county; furnishes more than fifty per cent of the shrimp thence proceed in a direction of 1850 from true in waters adjacent to the coast of Florida. It north to the Whistle buoy approximately is further the sense of this legislature that the thirteen miles from said Coon Key Light; thence shrimp industry is a valuabJe industry to the proceed in a direction of 1900 from true north economy of this state and that it deserves ade- to the Quick Flashing Light marking the Wreck quate protection. buoy which is located at 24 0 57' north latitude

(2) The Tortugas shrimp bed is hereby de- and 81 0 46' west longitude; thence proceed in fined as follows: a direction of 2480 from true north until the

Begin at Quick Flashing Wreck buoy located eighty-second meridian is reached; thence proat 240 57' north latitude and 810 46' west ceed 1800 from true north along said eightylongitude; thence proceed in a direction 2480 second meridian until 240 35' north latitude is from true north, until 82 0 west longitude is reached; thence proceed in a direction of 90° reached; thence proceed in a direction 255° from true north until 81 ° 30' west longitude is from true north until 82° 23' west longitude reached; thence proceed in a direction 710 from and 240 46' north latitude is reached; thence true north until a point 24 0 49' north latitude proceed in a direction 90 0 from true north and 80 0 47' west longitude is reached; thence until the 820 meridian west longitude is proceed in a direction 53° from true north until reached; thence proceed in a direction 480 a point at 250 north latitude and 80° 30' west from true north until the Quick Flashing Wreck longitude is reached; thence proceed in a buoy is reached which is the point of beginning. direction true north until the mainland of

For the purpose of permitting fishing or pro- Florida is reached; thence proceed west and hibiting fishing as related to the size of shrimp, north along the coast of mainland Florida until those portions of the Tortugas shrimp beds a point on the mainland is reached which is

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Ch. 363 RATES AND LIABILITIES OF TELEGRAPH COMPANIES, … · Ch. 364 REGULATION OF TELEGRAPH AND TELEPHONE COMPANIES, ETC. Ch.364 this part includes a corporation, company, as sociation

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