Senate Bill 1454

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 2000                                  SB 1454

    By Senator Brown-Waite





    10-832-00                                           See HB 365

  1                      A bill to be entitled

  2         An act relating to a refund of excess utility

  3         payments by the Public Service Commission;

  4         providing for a refund to certain utility

  5         customers who paid more under a uniform rate

  6         structure than those customers would have paid

  7         under a modified stand-alone rate structure;

  8         requiring the Public Service Commission to

  9         notify utility customers who are eligible for a

10         refund; providing requirements for applying for

11         a refund; requiring the Public Service

12         Commission to verify eligibility for a refund

13         and request the Comptroller to issue payments;

14         providing that the refund shall be funded from

15         the Florida Public Service Regulatory Trust

16         Fund; providing an appropriation; repealing s.

17         215.20(4)(n), F.S., which provides for

18         deduction of a 0.3 percent service charge for

19         the General Revenue Fund from the Florida

20         Public Service Regulatory Trust Fund; amending

21         s. 215.22, F.S.; providing that said trust fund

22         is exempt from the 7-percent service charge for

23         the General Revenue Fund; amending s. 350.113,

24         F.S., to conform; amending s. 367.145, F.S.;

25         authorizing the Public Service Commission to

26         use fees collected pursuant to chapters 364 and

27         366, F.S., for routine monthly cash flow in

28         connection with regulation of water and

29         wastewater systems; providing effective dates.

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31  Be It Enacted by the Legislature of the State of Florida:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1454
    10-832-00                                           See HB 365




  1         Section 1.  (1)  The Comptroller shall provide a refund

  2  to utility customers in this state who paid more for water and

  3  sewer services between September 15, 1993, and January 23,

  4  l996, under the uniform rate structure imposed pursuant to

  5  Order No. PSC-93-0423-FOF-WS of the Public Service Commission,

  6  than the amount such customers would have paid under the

  7  modified stand-alone rate structure approved on remand in

  8  Docket No. 920199-WS of the Public Service Commission. The

  9  refund amount for each eligible utility customer shall equal

10  the amount paid in excess of the modified stand-alone rate,

11  plus interest.

12         (2)  The Public Service Commission shall notify by mail

13  each utility customer who is eligible for a refund under this

14  section and who resides in the state. The notice must include

15  instructions for filing an application for the refund. An

16  eligible utility customer must file a refund application with

17  the Public Service Commission by July 1, 2001, or shall

18  forfeit eligibility for the refund. The Public Service

19  Commission shall verify an applicant's eligibility and shall

20  request that the Comptroller issue payments for approved

21  applications. The Public Service Commission shall mail the

22  payments to the refund recipients. An amount of less than $10

23  shall not be refunded.

24         (3)  The amount necessary to fund the refund of utility

25  payments provided under this section is appropriated from the

26  Florida Public Service Regulatory Trust Fund.

27         (4)  This section shall take effect upon this act

28  becoming a law.

29         Section 2.  Paragraph (n) of subsection (4) of section

30  215.20, Florida Statutes, is repealed.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1454
    10-832-00                                           See HB 365




  1         Section 3.  Paragraph (v) is added to subsection (1) of

  2  section 215.22, Florida Statutes, to read:

  3         215.22  Certain income and certain trust funds

  4  exempt.--

  5         (1)  The following income of a revenue nature or the

  6  following trust funds shall be exempt from the deduction

  7  required by s. 215.20(1):

  8         (v)  The Florida Public Service Regulatory Trust Fund.

  9         Section 4.  Subsection (2) of section 350.113, Florida

10  Statutes, is amended to read:

11         350.113  Florida Public Service Regulatory Trust Fund;

12  moneys to be deposited therein.--

13         (2)  All fees, licenses, and other charges collected by

14  the commission shall be deposited in the State Treasury to the

15  credit of the Florida Public Service Regulatory Trust Fund to

16  be used in the operation of the commission as authorized by

17  the Legislature; however, penalties and interest assessed and

18  collected by the commission shall not be deposited in the

19  trust fund but shall be deposited in the General Revenue Fund.

20  The Florida Public Service Regulatory Trust Fund shall be

21  subject to the service charge imposed pursuant to chapter 215.

22         Section 5.  Subsection (3) of section 367.145, Florida

23  Statutes, is amended to read:

24         367.145  Regulatory assessment and application fees.--

25         (3)  Fees collected by the commission pursuant to this

26  section may only be used to cover the cost of regulating water

27  and wastewater systems.  Other than for purposes of routine

28  monthly cash flow, fees collected by the commission pursuant

29  to chapters 364 and 366 may not be used to pay the cost of

30  regulating water and wastewater systems.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1454
    10-832-00                                           See HB 365




  1         Section 6.  Except as otherwise provided in this act,

  2  this act shall take effect July 1, 2000.

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  5                       LEGISLATIVE SUMMARY

  6
      Provides for a refund to certain water and sewer utility
  7    customers who paid more under a uniform rate structure
      than they would have paid under a modified stand-alone
  8    rate structure. Requires the Public Service Commission to
      notify customers who are eligible for such refund and
  9    provides requirements for applying for the refund.
      Requires the commission to verify eligibility for a
10    refund and request the Comptroller to issue payments.
      Provides an appropriation from the Florida Public Service
11    Regulatory Trust Fund to fund the refunds.

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      Exempts the trust fund from the 7-percent and 0.3-percent
13    service charge deductions for the General Revenue Fund.
      Authorizes the commission to use fees collected pursuant
14    to chapters 364 and 366, F.S., for routine monthly cash
      flow in connection with regulation of water and
15    wastewater systems.

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