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Customer Petition Process for Revocation of Certificate


During the 2014 Legislative Session, the Florida Legislature enacted Senate Bill 272, which created Section 367.072 , Florida Statutes (F.S.), Petition to revoke certificate of authorization which went into effect July 1, 2014. The Commission adopted Rule 25-30.091 , F.A.C., to implement the statutory requirements contained in newly enacted law. The rule outlines the process through which customers of a water utility may initiate revocation of an operating certificate of the water utility regulated by the Commission. The rule provides forms for petitioners to use for the process, and reflects the deadlines for all necessary processes.

Below is a summary of the actions customers, staff, and the utility must undertake once the process begins.
  • Customers who intend to petition for revocation must file a letter of intent with the Commission. Staff is required to notify the utility of the customers’ intent to petition within 10 days after receipt of the notice. Customers may not petition the commission to revoke a certificate if the utility is the subject of a rate proceeding.

  • Customers have 90 days to file the petition after receipt of staff’s instructions by obtaining the signatures of at least 65 percent of the customer accounts of the utility. Customers must state each issue that they have had with the quality of water service provided, each time the issue was reported to the utility, and how long the issue has existed. Primary and secondary water standards are determined by the DEP.

  • If deadlines or the required percentage of signatories are not met, the statute requires that the Commission dismiss the petition with prejudice and that the customers may not file another petition for one year after the dismissal.

  • If the Commission determines that the issues identified in the petition do not support a reasonable likelihood that the utility is failing to provide quality water services, the Commission’s order dismissing the petition will be issued as a proposed agency action.

  • If the Commission determines that a petition identifies issues that support a reasonable likelihood that the utility is failing to provide quality water services, Section 367.072(3)(a) and (b), F.S., prescribes the criteria the utility shall use in preparing a response to the Commission to address the issues and to defend the quality of its water service. The utility is also prohibited from filing a rate case until the Commission has issued a final order addressing the issues identified in the petition.
Last, Section 367.072(5) (a)-(c), F.S., requires the Commission to take one of three actions based on its evaluation of the issues, 1) Dismiss the petition; 2) Require the utility to take the necessary steps to correct the quality of water service issues identified in the petition; 3) revoke the utility’s certificate of authorization, in which case a receiver must be appointed.

For additional information please contact the FPSC’s Division of Engineering at (850) 413-6910.