Fla. Admin. Code Ann. R. 25-30.540 - Agreements for Service, Performance Under Agreements

(1) Upon acceptance of the utility's proposal and estimates provided under subsection 25-30.530(3), F.A.C., the appropriate service agreement or developer's agreement shall be executed by both parties.

(2) An advance deposit may be required by the utility at the time of execution to cover the additional utility costs of preparing engineering plans and cost estimates of construction required to serve the property, and other engineering, administrative or legal expenses prudently incurred by the utility in the execution or performance of the agreement. The advance deposit shall not exceed 10 percent of the total charges to be paid by the applicant under the agreement or the additional engineering, administrative and legal expenses prudently incurred by the utility, whichever is greater.

(3)

(a) The utility may charge and collect a reasonable amount, up to the total charges due under the agreement, to extend services. Upon the collection of the charges, the utility shall reserve the necessary treatment capacity for the applicant for a period of time specified in the agreement.

(b) Unless the utility can sell the reserved capacity, the charges collected shall not be refunded should the applicant not proceed further with the development. The agreement shall set forth the period of time within which a sale of the reserved capacity will require a refund to the applicant, which time period shall not be less than four years.

(4) If an applicant believes the charges required by a utility pursuant to subsections (2) and (3) are unreasonable, the applicant may file a complaint with the Commission in accordance with Chapter 25-22, F.A.C.

(5) After a developer's agreement is filed with the Commission and any party to the agreement fails to perform under the contract, the utility shall notify the Commission of the failure to perform.

(6) Upon receipt of the executed service agreement or developer's agreement and any advance deposit or other payment, the utility and applicant will proceed with final engineering plans and specifications that each is responsible for and shall submit such plans and specifications to the appropriate regulatory agencies for approval. The utility will be allowed a reasonable period of time from the date of the execution of the agreement to complete the final engineering plans and construct the off-site facilities to serve the applicant.

(7) An applicant may use its engineer to prepare plans and specifications for its on-site development. However, such plans and specifications and the on-site water or wastewater facilities will be subject to the utility's inspection and approval. An appropriate inspection and plan review fee may be charged by the utility.

Notes

Fla. Admin. Code Ann. R. 25-30.540

Rulemaking Authority 367.121(1), 367.101 FS. Law Implemented 367.101 FS.

New 6-14-83, Formerly 25-30.54, Amended 11-10-86, Formerly 25-30.054.

New 6-14-83, Formerly 25-30.54, Amended 11-10-86, Formerly 25-30.054.