Florida Statute 367.0817 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 367
WATER AND WASTEWATER SYSTEMS

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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.

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Amendments to 367.0817

Annotations, Discussions, Cases:

Cases Citing Statute 367.0817

Total Results: 4 | Sort by: Relevance | Newest First

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S. All. for Clean Energy v. Graham, 113 So. 3d 742 (Fla. 2013).

Cited 2 times | Published | Supreme Court of Florida | 38 Fla. L. Weekly Supp. 267, 2013 WL 1830919, 2013 Fla. LEXIS 886

...context. See, e.g., § 366.82(11), Fla. Stat. (2010) (providing that “[reasonable and prudent unreimbursed costs projected to be incurred ... may be added to the rates which would otherwise be charged by a utility upon approval by the [PSC] ”); § 367.0817(3), Fla....

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So. States Util. v. Fla. Pub. Serv. Com'n, 714 So. 2d 1046 (Fla. 1st DCA 1998).

Cited 2 times | Published | Florida 1st District Court of Appeal

...any utility during a rate proceeding." § 367.081(2)(a), Fla. Stat. (1997). See Florida Waterworks Ass'n v. Florida Public Serv. Comm'n, 473 So.2d 237, 243 (Fla. 1st DCA 1985). *1058 Here Florida Water complains that the PSC failed to give effect to section 367.0817(3), Florida Statutes (1997), when it treated reuse facilities essentially the same way it treated all other plant and equipment for purposes of making used and useful calculations....

...d by subsection (2) or facilities used for reliability purposes for a reclaimed water reuse system, to recover the full, prudently incurred cost of such studies and facilities through their rate structure. Enacted at the same time as this provision, section 367.0817(3), Florida Statutes (1995), provides: All prudent costs of a reuse project shall be recovered in rates....

...cessarily benefit present customers of the utility, ie. [sic] "used and useful in the public service") might have arguably been denied by the commission. Id. at 7. The same source describes the situation prior to the passage of the bill that enacted section 367.0817(3), Florida Statutes (1995), as follows: Present PSC policy with regard to reuse implementation cost recovery is to allow the utility to "recover the full cost of such facilities through their rate structure." (s.403.064(6), F.S.) Ho...

...As Florida Water argues, where the PSC has previously made this determination about service areas involved in the present case, any deviation from prior policy must be explained. [10] Before a reuse facility is built, the plans can be submitted to the PSC for approval. § 367.0817(1), Fla....

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S. States Utils. v. Florida Pub. Serv. Comm'n, 714 So. 2d 1046 (Fla. 1st DCA 1998).

Published | Florida 1st District Court of Appeal | 1998 Fla. App. LEXIS 6569

...ility during a rate proceeding.” § 367.081(2)(a), Fla. Stat. (1997). See Florida Waterworks Ass’n v. Florida Public Serv. Comm’n, 473 So.2d 237, 243 (Fla. 1st DCA 1985). *1058 Here Florida Water complains that the PSC failed to give effect to section 367.0817(3), Florida Statutes (1997), when it treated reuse facilities essentially the same way it treated all other plant and equipment for purposes of making used and useful calculations....

...arily benefit present customers of the utility, ie. [sic] “used and useful in the public service”) might have arguably been denied by the commission. Id. at 7. The same source describes the situation prior to the passage of the bill that enacted section 367.0817(3), Florida Statutes (1995), as follows: Present PSC policy with regard to reuse implementation cost recovery is to allow the utility to “recover the full cost of such facilities through their rate structure.” (s.403.064(6), F.S....

...As Florida Water argues, where the PSC has previously made this determination about service areas involved in the present case, any deyiation from prior policy must be explained. . Before a reuse facility is built, the plans can be submitted to the PSC for approval. § 367.0817(1), Fla....

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Florida Cities Water Co. v. State, 705 So. 2d 620 (Fla. Dist. Ct. App. 1998).

Published | District Court of Appeal of Florida | 1998 Fla. App. LEXIS 155, 1998 WL 5407

...Neither party has advocated on appeal for a discrete "used and useful’’ calculation for the reuse facility or contended that the reuse facility should be considered separately from the rest of the system. We do not, therefore, reach any question arising under section 367.0817(3), Florida Statutes (1995)....

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