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State of Florida
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Public Service Commission
Capital Circle Office Center ● 2540 Shumard
Oak Boulevard
Tallahassee, Florida 32399-0850
-M-E-M-O-R-A-N-D-U-M-
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DATE:
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February 20, 2025
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TO:
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Office of Commission Clerk (Teitzman)
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FROM:
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Office of the General Counsel (Rubottom) SMC
Division of Economics
(Guffey) EJD
Division of Engineering
(Brown) TB
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RE:
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Docket No. 20250018-GU – Amendment of Rule
25-12.005, F.A.C., Codes and Standards Adopted; Rule 25-12.008, F.A.C., New
Reconstructed or Converted Facilities, Rule 25-12.027, F.A.C., Welder
Qualification, Rule 25-12.045, F.A.C., Inactive Gas Service Lines, and Rule
25-12.052, F.A.C., Corrosion Control Criteria for Cathodic Protection of Buried
or Submerged Metallic Pipeline; and adoption of new Rule 25-12.100, F.A.C.,
Penalty.
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AGENDA:
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03/04/25 – Regular Agenda – Rule Proposal – Interested Persons May
Participate
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COMMISSIONERS ASSIGNED:
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All Commissioners
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PREHEARING OFFICER:
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Graham
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RULE STATUS:
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Proposal Should Not Be
Deferred
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CRITICAL DATES:
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04/01/25 – New Rule 25-12.100, F.A.C., must be proposed
by this date pursuant to Section 120.74(5), F.S.
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SPECIAL INSTRUCTIONS:
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None
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Case Background
Pursuant to sections
368.01-368.061, Florida Statutes (F.S.), known collectively as the Gas Safety
Law of 1967 (Gas Safety Law), the Commission regulates the safety standards of
intrastate gas transmission and distribution companies in Florida. The
Commission also maintains a certification agreement with the federal Pipeline
and Hazardous Materials Safety Administration (PHMSA) to enforce pipeline
safety that requires adoption of certain minimum standards prescribed by PHMSA.
Statutory
Background
Section 368.061,
F.S., establishes civil penalties for violation of the Gas Safety Law or any
regulation issued thereunder. Prior to 2024, the statute provided that a person
was subject to a penalty of up to $25,000 per day for each violation up to a
maximum civil penalty of $500,000 for any related series of violations. The
penalties established by Florida law were significantly lower than those
established by federal law, and the difference was consistently raised by PHMSA
as part of its annual review of the Commission’s pipeline safety program.
In 2024, the
Legislature amended Section 368.061(1)(a), F.S., to increase the maximum civil penalties
to $216,015 per day up to a total of $2,660,135 for any related series of
violations. The Legislature also added Section
368.061(1)(b), F.S., which requires the Commission, on or after July 1, 2025,
to establish maximum penalties by rule, and to then review the penalties at
least annually and revise as necessary.
When the amended
statute took effect on July 1, 2024, the penalties established in Section
368.061, F.S., matched the federal penalties established by PHMSA at the time. However, on December 30, 2024, PHMSA
increased the maximum federal penalties to $272,926 per day for each violation
and $2,729,245 for any related series of violations.
Procedural
Matters
Staff initiated
rulemaking to propose new Rule 25-12.100, Florida Administrative Code, (F.A.C.),
for the purpose of implementing the requirements of section 368.061, F.S., as
amended by the Legislature in 2024. The statutory amendment increased
penalties for violation of the Gas Safety Law and requires that after July 1,
2024, maximum penalties must be implemented by the Commission.
Staff also initiated
rulemaking to amend Rules 25-12.005, 25-12.008, 25-12.027, 25-12.045, and
25-12.052, F.A.C., which also relate to gas safety, for the purpose of
incorporating by reference the updated, October 1, 2023, version of certain
minimum federal safety standards and reporting requirements for pipeline
facilities and transportation of natural gas as prescribed by PHMSA in 49 Code
of Federal Regulations (C.F.R.) Parts 191, 192, and 199.
A Notice of Development
of Rulemaking for these rules appeared in the October 24, 2024, edition of the
Florida Administrative Register, Vol. 50, No. 209. No requests for a rule
development workshop were made, and no workshop was held. This recommendation
addresses whether the Commission should propose the amendment of Rules
25-12.005, 25-12.008, 25-12.027, 25-12.045, and 25-12.052, F.A.C., and the
adoption of new Rule 25-12.100, F.A.C. The Commission has jurisdiction pursuant
to Sections 120.54, 368.03, 368.05, and 368.061, F.S.
Discussion
of Issues
Issue 1:
Should the Commission propose the amendment of Rule
25-12.005, F.A.C., Codes and Standards Adopted; Rule 25-12.008, F.A.C., New
Reconstructed or Converted Facilities, Rule 25-12.027, F.A.C., Welder
Qualification; Rule 25-12.045, F.A.C., Inactive Gas Service Lines; and Rule
25-12.052, F.A.C., Corrosion Control Criteria for Cathodic Protection of Buried
or Submerged Metallic Pipeline; and propose the adoption of new Rule 25-12.100,
F.A.C., Penalties?
Recommendation:
Yes. The Commission should propose the amendment of
Rules 25-12.005, 25-12.008, 25-12.027, 25-12.045, and 25-12.052, F.A.C., and
should propose the adoption of new Rule 25-12.100, F.A.C., as set forth in
Attachment A. Pursuant to Section 120.695, F.S., the Commission should also
certify that the rules are not rules the violation of which would be a minor
violation. The Commission should also delegate administrative authority to
staff to conduct an annual review of the penalties established in Rule
25-12.100, F.A.C., to determine whether a revision of the penalties is
necessary, as required by Section 368.061, F.S. (Brown, Rubottom)
Staff Analysis:
The gas safety rules at issue may be considered
under two separate headings, the first addressing the adoption of a new rule to
establish civil penalties for the violation of gas safety statutes and
Commission regulations, and the second addressing the amendment of existing
rules implementing safety standards.
New Rule to Establish Penalties
Section 368.061, F.S., requires the Commission, by July 1,
2025, to establish maximum civil penalties by rule and to review the penalties
at least annually thereafter, revising as necessary. Section 368.061(1)(b),
F.S., provides that in establishing and annually reviewing such penalties, the
Commission shall consider:
. . . the penalties established in paragraph (a) and
make revisions to such penalties based upon consideration of the Consumer Price
Index, penalties established in federal law for pipeline safety violations, and
the intent of the Legislature that the [C]ommission maintain its certification
with the Pipeline and Hazardous Materials Safety Administration, or any of its
successor agencies, to enforce pipeline safety.
Pursuant to this statutory directive, staff reviewed each
of the considerations enumerated in the statute, the Consumer Price Index
(CPI), federal penalties, and PHMSA certification requirements:
Ř
Consumer
Price Index – PHMSA uses a CPI calculation to perform an annual inflation adjustment
to its civil penalties as required by federal law. To
derive the 2025 adjustment, the penalty amounts were multiplied by the percent
change between the October 2024 Consumer Price Index for All Urban Consumers
(CPI–U) and the October 2023 CPI–U, the percent change in this case being
1.02598. With respect to the penalties established under Florida law, staff
calculated the percent change in the CPI-U between July 2024, when the
amendments to Section 368.061, F.S., took effect, and January 2025, the most
recent report available at the time this recommendation was filed, to be 1.0176.
Ř
Penalties
Established in Federal Law – At the time the Legislature amended Section
368.061, F.S., the penalties established therein were identical to the
penalties established by PHMSA.
However, PHMSA amended the federal regulations in December of 2024, increasing
the penalties to a maximum of $272,926 per penalty per day up to a total of
$2,729,245 for any related series of violations.
Ř
The
Commission’s PHMSA Certification – Federal law requires that in order to
maintain its certification with PHMSA to enforce pipeline safety, a state
authority must enforce “satisfactory compliance with applicable safety
standards” prescribed by federal law.
If a state authority’s certification is rejected, federal authorities could
reassert United States Government jurisdiction in order to achieve adequate
enforcement. Any difference between the penalties established under Florida law
and the federal penalties may be raised by PHMSA as part of its annual review
of the Commission’s pipeline safety program.
In light of these considerations, staff recommends that
revision of the maximum civil penalties for violating the Gas Safety Law is
necessary at the present time in order to make adjustments that reflect upward
movement in the CPI since Florida’s penalties were last revised, keep Florida’s
penalties in line with federal penalties, and to ensure that the Commission
maintains its certification agreement with PHMSA. Staff therefore recommends
the Commission propose the adoption of Rule 25-12.100, F.A.C., as set forth in
Attachment A, establishing maximum civil penalties of $272,926 per penalty per
day up to a total of $2,729,245 for any related series of violations.
As discussed above, the Commission is required to review
the penalties at least annually and revise as necessary, pursuant to Section
368.061, F.S. To fulfill this requirement, staff recommends that the Commission
delegate to staff administrative authority to conduct an annual review of the
penalties established in the Commission’s rule and, when necessary in light of
its review, to initiate rulemaking to revise the penalties. Staff notes that,
as with all rulemaking proceedings, staff would bring a recommendation for the
Commissioner’s vote on whether to propose any future amendment of the rule to
revise the penalty amounts.
Existing Rules Implementing Safety Standards
Rule 25-12.005, F.A.C., implements federal reporting
requirements and safety standards, including safety and incident reporting
requirements, gas transportation safety standards, and drug and alcohol testing
protocols for employees of natural gas pipeline operators and emergency
response persons under the direct authority or control of a gas utility or gas
pipeline operator. The rule incorporates by reference federal regulations found
in 49 C.F.R. Parts 191, 192, and 199 that apply to natural gas pipeline
operators within the Commission’s jurisdiction. Staff recommends that the
Commission propose the amendment of Rule 25-12.005, F.A.C., as set forth in
Attachment A to incorporate by reference the updated version of the federal
regulations as published in the October 1, 2023, version of the C.F.R.
The updated C.F.R. provisions further clarify standards
pertaining to pipeline safety regulations. For example, the updates clarify
certain integrity management provisions, bolster gas transmission pipeline
corrosion control requirements, and require operators to inspect pipelines
following extreme weather events. Other revision include numerous editorial and
technical corrections that are captured within the updated C.F.R.
Rules 25-12.008, 25-12.027, 25-12.045, and 25-12.052,
F.A.C., relate to various safety standards and practices for the installation,
operation, and maintenance of gas transmission and distribution facilities.
Each rule makes reference to the federal regulations incorporated by reference
into Rule 25-12.005, F.A.C. The amendments are designed to update and clarify
such references in order to reflect the updated C.F.R provisions. Staff
recommends that the Commission propose the amendment of Rules 25-12.008,
25-12.027, 25-12.045, and 25-12.052, F.A.C., as set forth in Attachment A.
Minor Violation Rules Certification
Pursuant to Section 120.695,
F.S., for each rule filed for adoption, the agency head shall certify whether
any part of the rule is designated as a rule the violation of which would be a
minor violation.
Existing Rules 25-12.005, 25-12.008, 25-12.027, 25-12.045, and 25-12.052,
F.A.C., are not on the Commission’s minor violation rule list because violation
of the rules would result in physical harm to a person; adverse effects on the
public health, safety, or welfare; or would create a significant threat of such
harm. Similarly, violation of new Rule 25-12.100, F.A.C., would have an adverse
effect on the public health, safety, or welfare, or would create a significant
threat of such harm. Thus, if the Commission proposes the amendment of these
rules, staff recommends that the Commission certify that each rule is not a
rule the violation of which would be a minor violation pursuant to Section
120.695, F.S.
Statements of Estimated Regulatory Cost
Pursuant to Section 120.54, F.S., agencies are encouraged
to prepare a statement of estimated regulatory costs (SERC) before the
adoption, amendment, or repeal of any rule. Agencies are required to prepare a
SERC for any rule that will have an adverse impact on small business or that is
likely to directly or indirectly increase regulatory costs in excess of $200,000
in the aggregate within one year after implementation. The SERC analysis
includes whether the rule will, within five years of implementation, have an
adverse impact in excess of $1 million in the aggregate on economic factors
such as economic growth, private sector job creation or employment, private
sector investments, or business competitiveness, productivity, or innovation. If
expected adverse impacts or regulatory costs exceed any of the above criteria,
a proposed rule may not take effect until it is ratified by the Legislature.
SERCs were prepared for each rule and are appended hereto
as Attachment B. Each SERC concludes that the rule will not have an adverse
impact on small business and that the rule is not likely to directly or
indirectly increase regulatory costs in excess of $200,000 in the aggregate
within one year after implementation. Further, the SERCs conclude that the rules
will not likely have an adverse impact on economic growth, private sector job
creation or employment, private sector investment, or business competitiveness,
productivity, or innovation in excess of $1 million in the aggregate within
five years of implementation. None of the adverse impact or regulatory cost
criteria set forth in Section 120.541(2)(a), F.S., will be exceeded as a result
of the recommended amendments to the existing rules or the creation of the new
rule. Thus, the rules do not require legislative ratification pursuant to
Section 120.541(3), F.S. In addition, the SERCs states that the rules will have
no impact on small cities or counties and will not increase the cost to the
Commission to implement and enforce the rule. No regulatory alternatives have
been submitted pursuant to Section 120.541(1)(a), F.S.
Conclusion
Based on the foregoing, staff recommends the Commission should
propose the amendment of Rules 25-12.005, 25-12.008, 25-12.027, 25-12.045, and
25-12.052, F.A.C., and should propose the adoption of new Rule 25-12.100,
F.A.C., as set forth in Attachment A. The Commission should also certify that each
rule is not a rule the violation of which would be a minor violation pursuant
to Section 120.695, F.S. The Commission should also delegate administrative
authority to staff to conduct an annual review of the penalties established in
Rule 25-12.100, F.A.C., to determine whether a revision of the penalties is
necessary, as required by Section 368.061(1)(b), F.S.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If no requests for hearing or comments from the
Joint Administrative Procedures Committee (JAPC) are filed, and no proposal for
a lower cost regulatory alternative is submitted, the rules may be filed with
the Department of State for adoption, and the docket should be closed. (Rubottom)
Staff Analysis:
If no requests for hearing or JAPC comments are
filed, and no proposal for a lower cost regulatory alternative is submitted
pursuant to Section 120.541(1)(a), F.S., the rules may be filed with the
Department of State for adoption, and the docket should be closed.
25-12.005 Codes and
Standards Adopted.
The reporting requirements for operators of natural gas pipeline
facilities prescribed by the Pipeline and Hazardous Materials Safety
Administration in 49 C.F.R. Part 191 (October 1, 2023 2021), are
adopted and incorporated by reference as part of these rules and may be
accessed at [insert new hyperlink] https://www.flrules.org/Gateway/reference.asp?No=Ref-15209.
The minimum federal safety standards for natural gas pipeline facilities and
the transportation of natural gas prescribed by the Pipeline and Hazardous
Materials Safety Administration in 49 C.F.R. Part 192 (October 1, 2023 2021),
are adopted and incorporated by reference as part of these rules and may be
accessed at [insert new hyperlink] https://www.flrules.org/Gateway/reference.asp?No=Ref-15210.
The drug and alcohol testing requirements prescribed by the Pipeline and
Hazardous Materials Safety Administration in 49 C.F.R. Part 199 (October 1, 2023
2021), are adopted and incorporated by reference as part of these
rules and may be accessed at [insert new hyperlink] https://www.flrules.org/Gateway/reference.asp?No=Ref-15211.
Rulemaking Authority
368.03, 368.05(2), 350.127(2) FS. Law Implemented 368.03, 368.05 FS.
History–New 11-14-70, Amended 9-24-71, 9-21-74, 10-7-75, 11-30-82, 10-2-84,
Formerly 25-12.05, Amended 8-8-89, 1-7-92, 5-13-99, 4-26-01, 12-15-09,
10-11-12, 3-2-17, 7-10-19, 3-20-23, .
25-12.008 New, Reconstructed
or Converted Facilities.
(1)
No new or reconstructed system or portion thereof may be:
(a)
Constructed, until written construction specifications complying with these
rules are developed.
(b)
Placed in service until the pipeline facilities have been inspected and found
to comply with the construction specifications and Operating and Maintenance
Plans.
(2)
Before a piping system can be converted to a regulated gas, the operator must:
(a)
Have a general conversion procedure as a part of its operation and maintenance
plan.
(b)
File a conversion plan with the Commission for the specific system at least 15
days prior to start of conversion. This plan need not be filed for minor
conversions which are scheduled to be completed in one day and where
sectionalizing of the system to be converted is not planned.
(c)
Have inspections performed of the pipeline to assure that it was constructed in
accordance with standards applicable at the time of installation. Visual
inspection of the underground facilities will not be required if construction
and testing records have been maintained.
(d)
Review the operating and maintenance history of the system to be converted. Any
areas showing abnormal maintenance requirements shall be replaced,
reconditioned or otherwise made safe prior to conversion.
(e)
Establish the maximum allowable operating pressure no greater than the highest
sustained operating pressure during the 5 years prior to conversion unless it
was tested or uprated after July 1, 1970 in accordance with the Subparts
J or K of 49 C.F.R. 192 (2017), as incorporated adoped
in Rule 25-12.005, F.A.C.
(f)
Make a leak survey over the entire converted system concurrent with the
conversion.
(g)
Determine areas of active corrosion in accordance with as required by
Subpart I of 49 C.F.R. 192 (2017), as incorporated in Rule 25-12.005,
F.A.C., and these rules. Required cathodic protection must be accomplished
within 1 year after the date of conversion except that buried steel tubing must
be protected prior to placing the system into operation.
Rulemaking
Authority 350.127(2), 368.03, 368.05(2) FS. Law Implemented 368.03, 368.05(2)
FS. History–New 11-14-70, Amended 9-21-74, 10-7-75, 10-2-84, Formerly 25-12.08,
Amended 12-15-09, 10-11-12, 3-2-17, .
25-12.027 Welder
Qualification.
(1) No welder shall
make any pipeline weld unless the welder has qualified in accordance with
Section 6, or Section 12 for automatic welding, of American Petroleum Institute
Standard 1104 (API 1104), Welding of Pipelines and Related Facilities,
21st edition, September 2013, incorporated by reference herein, or Appendix C
of 49 C.F.R. 192 (2017), as incorporated adopted in
Rule 25-12.005, F.A.C., within the preceding 15 months, but at least once each
calendar year. API 1104 is copyrighted and A copy of API 1104 may
be inspected and examined obtained at no cost at the Florida
Public Service Commission Office of the Commission Clerk, 2540
Shumard Oak Blvd., Suite 152, Tallahassee, FL 32399-0850. A copy of
the American Petroleum Institute Standard 1104 may also be obtained from the
American Petroleum Institute (API), 200 Massachusetts Avenue NW, Suite 1100,
Washington, DC 20001-5571 or from http://www.api.org/Standards/.
(2) No welder shall
weld with a particular welding process unless the welder has engaged in welding
with that process within the preceding six calendar months. A welder who has
not engaged in welding with that process within the preceding six calendar
months must requalify for that process as set forth in subsection (1) of this
rule.
Rulemaking
Authority 350.127(2), 368.03, 368.05(2) FS. Law Implemented 368.03, 368.05 FS.
History–New 1-7-92, Amended 12-15-09, 10-11-12, 3-2-17.
25-12.045 Inactive Gas Service Lines.
(1) An operator shall
take the following actions for inactive gas service lines that have been used,
but have become inactive without reuse:
(a) An operator shall
take immediate action to protect persons and property if it determines that an
inactive service line is an existing or probable hazard to persons or property,
and shall retire and physically abandon said line within three months of that
determination.
(b) If the operator
determines that there is no prospect for reuse, the service line shall be
retired and physically abandoned within three months of that determination.
(c) Annual risk
assessments shall be made for all service lines that have been inactive for
more than one year.
1. The annual risk
assessments shall identify potential threats and shall rank risks using the
operator’s Distribution Integrity Management Plan developed pursuant to Subpart
P of 49 C.F.R. 192, Subpart P (2011) which is incorporated by
reference in Rule 25-12.005, F.A.C. The annual risk assessments shall include
the following required elements of the operator’s Distribution Integrity
Management Plan in identifying threats: Presence of excess flow valves,
incident and leak history, corrosion control records, continuing surveillance
records, patrolling records, maintenance history, excavation damage experience,
and any other data deemed relevant by the operator.
2. The annual risk
assessments records shall be maintained by the operator for at least 10 years.
3. Inactive service
lines that are identified in the annual risk assessments as potential threats
with a high-risk ranking shall be retired and physically abandoned within six
months after completion of the annual risk assessment.
(d) After a service
line has been inactive for a period of two years, if there is a prospect for
reuse of the service line, the operator shall verify that the service line is
permanently marked to identify the operator’s name and phone number and shall
take one of the following actions within six months:
1. Disconnect the
service line from all sources of gas and physically abandon or remove;
2. A valve on the
service line shall be locked in the closed position and the service line
plugged to prevent the flow of gas; or
3. Remove the meter and
plug the end of the service line to prevent the flow of gas.
(e) After a service
line has been inactive for a period of five years, if the inactive service line
is constructed of bare steel or cast iron or does not comply with current
materials standards in 49 C.F.R. 192 (2011), as incorporated by
reference in Rule 25-12.005, F.A.C., the inactive service line shall be
retired and physically abandoned within six months.
(f) After ten years of
inactivity, service lines shall be retired and physically abandoned within six
months.
(2) To physically
abandon a service line, the operator must disconnect the service line from all
sources of gas at the nearest point to the gas main. Where the appropriate
governmental authority prohibits cutting pavement, the service line shall be
disconnected at the nearest point not under a paved surface. The stub of the
service line, the short section of the remaining service line to the main,
shall be disconnected closer to the main or at the main, if at some later date
it becomes accessible during normal operations.
(3) Records must be
kept of the size, material, and location of all remaining service line stubs.
These records must be readily available to personnel assigned to pipeline
locating activities.
Rulemaking
Authority 350.127(2), 368.03, 368.05(2) FS. Law Implemented 368.03, 368.05(2)
FS. History–New 9-21-74, Repromulgated 10-7-75, Amended 10-2-84, Formerly
25-12.45, Amended 1-7-92, 3-18-13, .
25-12.052 Corrosion Control Criteria for Cathodic Protection of Buried
or Submerged Metallic Pipeline.
(1) The only acceptable
criteria for the determination of cathodic protection shall be I-A(1), I-A(3)
and I-A(5) of Appendix D, of 49 C.F.R. 192 (2011), incorporated by
reference in Rule 25-12.005, F.A.C.
(a)(2)
I-A(1) shall be the only criterion acceptable for determination of the degree
of cathodic protection of externally coated buried or coated submerged
pipelines installed after June 1, 1975. When requirements cannot be met due to
ineffective insulating capabilities of the external coating, that portion of
the pipeline may be isolated and protected using other criteria listed in
subsection (1) above.
(b)(3)
Application of Criterion I-A(5) is restricted to bare and essentially bare
ineffectively coated metallic gas pipelines installed prior to July 31, 1971.
1.(a)
Prior to utilization of Criterion I-A(5), a proposed, comprehensive, written
procedure for application and monitoring shall be submitted to the Commission’s
Bureau of Safety.
2.(b) The
effectiveness of the procedure shall be supported by test data obtained in
actual field application of the procedure. An acceptable procedure shall
demonstrate that the procedure can attain a protective net current flow from
the surrounding electrolyte into the pipeline surface at all current discharge
(anodic) points.
3.(c) All
procedure qualification records shall be retained as long as the qualified
procedure is used.
4.(d) If
application of the qualified procedure fails to provide the required protective
net current flow from the surrounding electrolyte into the pipeline surface for
a segment of the pipeline, the procedure shall be modified accordingly and
requalified for use in similar conditions.
5.(e) The
placement of the electrodes for resurvey monitoring of the application of
I-A(5) shall utilize the same electrode locations as the initial survey when
practical.
6.(f)
Each pipeline that is under cathodic protection utilizing Criterion I-A(5)
shall be tested at least once each calendar year, but with intervals not exceeding
15 months, to determine whether the cathodic protection meets the requirements
of these rules.
(2)(4) If
gas leakage results from active corrosion of a pipeline, remedial action shall
include application of cathodic protection to meet one of the criteria of this
rule, as described in subsection (1), unless the pipeline is replaced with
non-metallic pipe. Cathodic protection for these remedial applications must be
tested at least once every calendar year, but with intervals not exceeding 15
months, to determine whether the cathodic protection meets the requirements of
this rule.
(3)(5)
Each operator must take remedial action within three (3) months to correct or
make substantial progress toward correction of any deficiencies indicated by
monitoring.
Rulemaking
Authority 350.127(2), 368.03, 368.05(2) FS. Law Implemented 368.03, 368.05 FS.
History–New 10-7-75, Amended 10-2-84, Formerly 25-12.52, Amended 1-7-92,
10-11-12, .
25-12.100 Penalties.
If a utility violates part I of Chapter 368, F.S., or any rule
issued in Chapter 25-12, F.A.C., the utility is subject to a civil penalty of
not more than $272,926 for each violation for each day that the violation
persists, except that the maximum civil penalty will not exceed $2,729,245 for
any related series of violations.
Rulemaking Authority
368.03, 368.05(2), 368.061(4), 350.127(2) FS. Law Implemented 368.061 FS.
History–New .
