Florida Statute 367.0817 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 367
WATER AND WASTEWATER SYSTEMS

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F.S. 367.0817

367.0817 Reuse projects.—

(1) A utility may submit a reuse project plan for commission approval. A reuse project plan shall include:

(a) A description of the project and other effluent disposal options considered by the utility.

(b) Copies of the pertinent Department of Environmental Protection and water management district permit applications filed or, in lieu thereof, a statement of the project’s permit status.

(d) The number and identity of the project’s proposed reuse customer(s) and copies of written agreements, if any, between the utility and the customer(s) regarding the project.

(e) The projected costs associated with the reuse project. As used in this section, the term “costs” includes, but is not limited to, all capital investments, including a rate of return, any applicable taxes, and all expenses related to or resulting from the reuse project which were not considered in the utility’s last rate proceeding.

(f) The utility’s proposal for recovering the project’s costs through rates.

(g) A proposed inservice schedule for the project.

(h) Any other information the commission may require pursuant to rule.

(2) The commission shall review the utility’s reuse project plan and shall determine whether the projected costs are prudent and the proposed rates are reasonable and in the public interest. The commission shall issue a proposed agency action order to approve or disapprove the utility’s reuse project plan. The commission shall enter its vote on the proposed agency action within 5 months of the date of filing. If the commission’s proposed action is protested, the final decision shall be rendered by the commission within 8 months of the date the protest is filed.

(3) All prudent costs of a reuse project shall be recovered in rates. The Legislature finds that reuse benefits water, wastewater, and reuse customers. The commission shall allow a utility to recover the costs of a reuse project from the utility’s water, wastewater, or reuse customers or any combination thereof as deemed appropriate by the commission.

(4) The commission’s order approving the reuse project plan shall approve rates based on projected costs and shall provide for the implementation of rates without the need for a subsequent proceeding. The commission shall allow the approved rates to be implemented when the reuse project plan is approved or when the project is placed in service. If the commission allows the rates to be implemented when the plan is approved, the commission may order the utility to escrow the resulting revenues until the project is placed in service. Escrowed revenues shall be used exclusively for the reuse project.

(5) If the commission allows the rates to be implemented when the plan is approved, the utility may place its proposed rates into effect on a temporary basis, subject to refund, in the event of a protest by a party other than the utility. If the utility has requested rate implementation upon approval of the plan and the commission has exceeded the time allowed in subsection (2), the utility may place its proposed rates into effect on a temporary basis, subject to refund.

(6) After the reuse project is placed in service, the commission, by petition or on its own motion, may initiate a proceeding to true-up the costs of the reuse project and the resulting rates.

History.—s. 1, ch. 94-243.

F.S. 367.0817 on Google Scholar

F.S. 367.0817 on Casetext

Amendments to 367.0817

Arrestable Offenses / Crimes under Fla. Stat. 367.0817

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 367.0817.

Annotations, Discussions, Cases:

Cases Citing Statute 367.0817

Total Results: 5

Southern Alliance for Clean Energy v. Graham

Court: Fla. | Date Filed: 2013-05-02T00:00:00-07:00

Citation: 113 So. 3d 742, 38 Fla. L. Weekly Supp. 267, 2013 WL 1830919, 2013 Fla. LEXIS 886

Snippet: by a utility upon approval by the [PSC] ”); § 367.0817(3), Fla. Stat. (2010) (providing that “[a]ll prudent

Florida Public Serv. v. Florida Waterworks

Court: Fla. Dist. Ct. App. | Date Filed: 1999-05-10T00:53:00-07:00

Citation: 731 So. 2d 836

Snippet: through rates, contrary to Sections 403.064(10) and 367.0817(3), Florida Statutes," is plainly mistaken

So. States Util. v. FLA. PUB. SERV. COM'N

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-10T00:53:00-07:00

Citation: 714 So. 2d 1046

Snippet: that the PSC failed to give effect to section 367.0817(3), Florida Statutes (1997), when it treated reuse…Enacted at the same time as this provision, section 367.0817(3), Florida Statutes (1995), provides: All prudent…to the passage of the bill that enacted section 367.0817(3), Florida Statutes (1995), as follows: Present…plans can be submitted to the PSC for approval. § 367.0817(1), Fla. Stat. (1995). In considering whether

Southern States Utilities v. Florida Public Service Commission

Court: Fla. Dist. Ct. App. | Date Filed: 1998-06-10T00:00:00-07:00

Citation: 714 So. 2d 1046, 1998 Fla. App. LEXIS 6569

Florida Cities Water Co. v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1998-01-12T00:00:00-08:00

Citation: 705 So. 2d 620, 1998 Fla. App. LEXIS 155, 1998 WL 5407

Snippet: therefore, reach any question arising under section 367.0817(3), Florida Statutes (1995). . To the extent