Recommendation

State of Florida		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-
DATE:	July 23, 2026
TO:	Office of Commission Clerk (Teitzman)
FROM:	Office of the General Counsel (Augspurger, Bloom) SMC Division of Administrative and IT Services (Kissell) BM Division of Economics (Galloway, Guffey, McNulty, Smith) EJD
RE:	Docket No. 20260041-OT – Proposed amendment of Rules 25-4.0161, Regulatory Assessment Fees; Telecommunications Companies; 25-6.0131, Regulatory Assessment Fees; Investor-owned Electric Companies, Municipal Electric Utilities, Rural Electric Cooperatives; 25-7.101, Regulatory Assessment Fees; Natural Gas Transmission Companies; 25-7.0131, Regulatory Assessment Fees; Gas Utilities, Gas Municipals, and Gas Districts; and 25-30.120, F.A.C., Regulatory Assessment Fees; Water and Wastewater Utilities.
AGENDA:	08/04/26 – Regular Agenda – Rule Proposal - Interested Persons May Participate
COMMISSIONERS ASSIGNED:			All Commissioners
PREHEARING OFFICER:			Administrative
CRITICAL DATES:			09/22/26 (Rule must be proposed by this date pursuant to Section 120.54(2)(a)2., F.S.)
RULE STATUS:			Proposal May be Deferred
SPECIAL INSTRUCTIONS:			None

Case Background

The Florida Legislature has established a statutory duty for the Florida Public Service Commission (Commission) to set and collect a regulatory assessment fee (RAF) for each regulated utility. Each statute that grants the Commission with regulatory authority over an investor-owned utility also requires each utility in the particular industry to pay a RAF: Section 364.336, Florida Statutes (F.S.), relates to telecommunication companies; Section 366.14, F.S., relates to gas and electric utilities; Section 367.145, F.S., relates to water and wastewater systems; and Section 368.109, F.S., relates to natural gas transmission utilities. In executing its statutory duty to set and collect RAFs, the Commission adopted Rules 25-4.0161, 25-6.0131, 25-7.0131, 25-7.101, 25-30.120, Florida Administrative Code (F.A.C.), for the particular industries and developed forms for use by the regulated utilities in filing RAF returns.

In 2025, the Legislature amended Chapter 120, F.S., to require each agency to review all its rules in the F.A.C. over a five-year period. This recommendation addresses the following rules that were identified in the Commission’s rule review as part of the rules requiring amendment:

25-4.0161, F.A.C. Regulatory Assessment Fees; Telecommunications Companies.

25-6.0131, F.A.C. Regulatory Assessment Fees; Investor-owned Electric Companies, Municipal Electric Utilities, Rural Electric Cooperatives.

25-7.0131, F.A.C. Regulatory Assessment Fees; Gas Utilities, Gas Municipals, and Gas Districts.

25-7.101, F.A.C. Regulatory Assessment Fees; Natural Gas Transmission Companies.

25-30.120, F.A.C. Regulatory Assessment Fees; Water and Wastewater Utilities.

Staff emphasizes that the recommended amendments to the above rules do not modify the current RAF assessment rates.

The Commission’s Notices of Development of Rulemaking were published in Volume 52, Number 59, of the Florida Administrative Register on March 26, 2026. No workshop was requested or held.

This recommendation addresses whether the Commission should propose the amendment of Rules 25-4.0161, 25-6.0131, 25-7.0131, 25-7.101, and 25-30.120, F.A.C. The Commission has jurisdiction pursuant to Sections 350.127(2), 366.05, 367.121, and 368.104, F.S.

Discussion of Issues

Issue 1:

Should the Commission propose the amendment of Rules 25-4.0161, 25-6.0131, 25-7.0131, 25-7.101, and 25-30.120, F.A.C.?

Recommendation:

Yes. The Commission should propose the amendment of Rules 25-4.0161, 25-6.0131, 25-7.0131, 25-7.101, and 25-30.120, F.A.C., as set forth in Attachments A and B. The Commission should also certify the rules as minor violation rules. (Augspurger, Bloom, Guffey)

Staff Analysis:

The purpose of this rulemaking is to amend Rules 25-4.0161, 25-6.0131, 25-7.0131, 25-7.101, and 25-30.120, F.A.C., to update and clarify the rules and the forms incorporated by reference to reflect current Commission practice and use, designate the Division of Economics as the division from which utilities may obtain assistance in complying with their RAF filing requirements, delete an obsolete telecommunications provision, and update wording to adhere to plain language principles. For example, in Rule 25-4.0161, F.A.C., staff determined that subsection (2)(a) of the rule was obsolete, as it applied only during the interim period of January 1, 2011, through December 31, 2011. Staff recommends that the Commission propose the amendment of Rules 25-4.0161, 25-6.0131, 25-7.0131, 25-7.101, and 25-30.120, F.A.C., as set forth in Attachment A.

Rules 25-4.0161, 25-6.0131, 25-7.0131, 25-7.101, and 25-30.120, F.A.C., refer to and incorporate various Commission forms required for regulated utilities to file their Regulatory Assessment Fee Return or to request a Regulatory Assessment Fee Extension Request. Staff recommends the forms as set forth in Attachment B be updated to reflect the appropriate division from which utilities may seek assistance and to update the wording of the forms to adhere to plain language principles.

Minor Violation Rules Certification

Pursuant to Section 120.695, F.S., the agency head must certify, for each rule filed for adoption, whether any part of the rule is designated as a rule the violation of which would be a minor violation. Existing Rules 25-4.0161, 25-6.0131, 25-7.0131, 25-7.101, and 25-30.120, F.A.C., are currently on the Commission’s list of minor violation rules because violation of the rules would not result in economic or physical harm to a person, would not have an adverse effect on the public health, safety or welfare, and would not create a significant threat of such harm. The amendments to the rules would not change their status as minor violation rules. If the Commission proposes the amendment of these rules, then, pursuant to Section 120.695, F.S., the Commission should certify that Rules 25-4.0161, 25-6.0131, 25-7.0131, 25-7.101, and 25-30.120, F.A.C., are rules for which a violation would constitute a minor violation.

Statements of Estimated Regulatory Cost

Statements of Estimated Regulatory Cost (SERCs) were prepared for each rule and are appended as Attachment C. 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 rules and therefore legislative ratification pursuant to Section 120.541(3), F.S., is not required. In addition, the SERCs state 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 rules. No regulatory alternatives have been submitted pursuant to Section 120.541(1)(a), F.S.

Conclusion

Based on the foregoing, staff recommends that the Commission should propose the amendment of Rules 25-4.0161, 25-6.0131, 25-7.0131, 25-7.101, and 25-30.120, F.A.C., as set forth in Attachments A and B.

Staff also recommends that the Commission certify that Rules 25-4.0161, 25-6.0131, 25-7.0131, 25-7.101, and 25-30.120, F.A.C., are rules for which a violation would constitute a minor violation.

Issue 2:

Should this docket be closed?

Recommendation:

Yes. If no requests for hearing are made, no comments from the Joint Administrative Procedures Committee (JAPC) are filed, and no proposals for lower cost regulatory alternatives are submitted pursuant to Section 120.541(1)(a), F.S., the rules should be filed for adoption with the Florida Department of State, and the docket should be closed. (Augspurger, Bloom)

Staff Analysis:

If no request for hearing is made, no comments from JAPC are filed, and no proposals for a lower cost regulatory alternatives are submitted pursuant to Section 120.541(1)(a), F.S., the rules should be filed for adoption with the Florida Department of State, and the docket should be closed.

25-4.0161 Regulatory Assessment Fees; Telecommunications Companies.

(1) For the purposes of this rule and except for pay telephone service providers, all incumbent local exchange companies, shared tenant service providers, alternative access vendors, and competitive local exchange companies that hold an active certificate of public convenience and necessity that was obtained prior to July 1, 2011, and all telecommunications companies that hold an active certificate of authority obtained after July 1, 2011, are defined as local telephone service providers. Companies classified as pay telephone service providers are those companies that hold an active pay telephone certificate of public convenience and necessity that was obtained prior to July 1, 2011, and those companies that hold an active pay telephone certificate of authority obtained after July 1, 2011.

(2)(a) For the interim period January 1, 2011 through December 31, 2011, as applicable and as provided in Sections 350.113 and 364.336, F.S., each company shall remit a fee based upon its gross operating revenue as provided below. Each company that has paid by August 15, 2011, regulatory assessment fees for the period January 1, 2011 through June 30, 2011, shall pay a regulatory assessment fee in the amount of 0.0016 of its gross operating revenues derived from intrastate business during the period July 1, 2011 through December 31, 2011. Each company that has not paid any regulatory assessment fees for the period January 1, 2011 through December 31, 2011, shall pay a regulatory assessment fee in the amount of 0.0018 of its gross operating revenues derived from intrastate business. The minimum regulatory assessment fees provided in paragraph (2)(b) shall apply and shall be filed in accordance with the schedules provided in subsections (3) and (4). For the purpose of determining this fee, each telecommunications company shall deduct from gross operating revenues any amount paid to another telecommunications company for the use of any telecommunications network to provide service to its customers.

~~(b)~~ Effective January 1, 2012, as applicable and as provided in Sections 350.113 and 364.336, F.S., each company must ~~shall~~ remit a fee based upon its gross operating revenue as provided below. This fee is ~~shall be~~ referred to as a regulatory assessment fee, and each company must ~~shall~~ pay a regulatory assessment fee in the amount of 0.0016 of its gross operating revenues derived from intrastate business. For the purpose of determining this fee, each telecommunications company must ~~shall~~ deduct from gross operating revenues any amount paid to another telecommunications company for the use of any telecommunications network to provide service to its customers. Regardless of the gross operating revenue of a company, a minimum annual regulatory assessment fee will ~~shall~~ be imposed as follows:

1. Local Telephone Service Provider – $600; and

2. Pay Telephone Service Provider – $100.

(3) Telecommunications companies that owed gross regulatory assessment fees of $10,000 or more for the preceding calendar year must ~~shall~~ pay the fee and remit the appropriate form twice a year. The regulatory assessment fee and appropriate form must ~~shall~~ be filed no later than July 30 for the preceding period of January 1 through June 30, and no later than January 30 of the following year for the period of July 1 through December 31. Telecommunications companies that owed gross regulatory assessment fees of less than $10,000 for the preceding calendar year must ~~shall~~ pay the fee and remit the appropriate form once a year. The regulatory assessment fee and appropriate form must ~~shall~~ be filed no later than January 30 of the subsequent year for the current calendar year operations.

(4) If the due date falls on a Saturday, Sunday, or legal holiday, the due date is extended to the next business day. If the fees are sent by registered mail, the date of the registration is the United States Postal Service’s postmark date. If the fees are sent by certified mail and the receipt is postmarked by a postal employee, the date on the receipt is the United States Postal Service’s postmark date. The postmarked certified mail receipt is evidence that the fees were mailed ~~delivered~~. Regulatory assessment fees are considered paid on the date they are postmarked by the United States Postal Service or received and logged in by the Commission’s Division of Administrative and Information Technology Services in Tallahassee. Fees are considered timely paid if properly addressed, with sufficient postage, and postmarked no later than the due date.

(5) Commission Form PSC 1039 (08/26) ~~PSC/TEL 159 (12/11)~~, entitled “Local Telephone Service Provider Regulatory Assessment Fee Return,” is available at [hyperlink], ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-00761~~; ~~Form PSC/TEL 160 (12/11), entitled “Interim Local Telephone Service Provider Regulatory Assessment Fee Return,” is available at~~ ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-00762~~; and Form PSC 1038 (08/26) ~~PSC/TEL 26 (12/11)~~, entitled “Pay Telephone Service Provider Regulatory Assessment Fee Return,” is available at [hyperlink] ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-00760; and Form PSC/TEL 161 (12/11), entitled “Interim Pay Telephone Service Provider Regulatory Assessment Fee Return,” is available at~~ ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-00763~~. These forms are incorporated into this rule by reference and may also be obtained from the Commission’s Division of Administrative and Information Technology Services. The failure of a telecommunications company to receive a return form does ~~shall~~ not excuse the company from its obligation to timely remit the regulatory assessment fees.

(6) Each telecommunications company has ~~shall have~~ up to and including the due date in which to submit the applicable form and:

(a) Remit the total amount of its fee, or

(b) Remit an amount which the company estimates is its full fee.

(7) Where the company remits less than its full fee, the remainder of the full fee is ~~shall be~~ due on or before the 30th day from the due date and must ~~shall~~, where the amount remitted was less than 90 percent of the total regulatory assessment fee, include interest as provided by paragraph (9)(b) of this rule.

(8) A company may request either a 15-day or a 30-day extension of its due date for payment of regulatory assessment fees or for filing its return form by submitting, to the Division of Administrative and Information Technology Services, Commission Form PSC 1037 (08/26), ~~PSC/AIT 124 (12/11)~~ entitled “Regulatory Assessment Fee Extension Request,” which is incorporated into this rule by reference and is available at [hyperlink] ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-00764~~. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services.

(a) The request for extension must be received by the Division of Administrative and Information Technology Services at least two weeks before the due date.

(b) The request for extension will not be granted if the company has any unpaid regulatory assessment fees, penalties, or interest due from a prior period.

(c) If ~~Where~~ a telecommunications company receives an extension of its due date pursuant to this rule, the telecommunications company must ~~shall~~ remit a charge as set out in Section 350.113(5), F.S., in addition to the regulatory assessment fees.

(9) The delinquency of any amount due to the Commission from the telecommunications company pursuant to the provisions of Section 350.113, F.S., and this rule, begins with the first calendar day after any date established as the due date either by operation of this rule or by an extension pursuant to this rule.

(a) A penalty, as set out in Section 350.113, F.S., applies ~~shall apply~~ to any such delinquent amounts.

(b) Interest at the rate of 12 percent per annum applies ~~shall apply~~ to any such delinquent amounts.

(10) The Division of Administrative and Information Technology Services will ~~shall~~ send by certified mail a regulatory assessment fee delinquency notice to any company that fails to file a regulatory assessment fee return and that fails to pay the regulatory assessment fee by the date specified in subsection (3), unless the company has met the requirements of subsections (7) and (8).

(11) If a company fails to pay the regulatory assessment fee within 20 days after receiving a delinquency notice, the Division of Administrative and Information Technology Services, in cooperation with the Division of Economics ~~Office of Telecommunications~~ and the Office of General Counsel, will establish a docket and administratively issue a “Notice of Proposed Agency Action Order Imposing Penalties and Collection Costs, and Requiring Payment of Delinquent Regulatory Assessment Fees, or Cancelling Certificates for Violation of Rule 25-4.0161, F.A.C., and Section 364.336, F.S.” The company must pay the past due regulatory assessment fees, the penalty and interest for late payment as provided in Section 350.113, F.S., and as stated in subsection (9) above, and must also pay the applicable penalty stated in subsection (12) for failure to file the regulatory assessment fee return.

(12) Pursuant to Section 364.285, F.S., the Commission has the authority to impose a penalty or cancel a certificate if a company refuses to comply with Commission rules, orders, or Florida Statutes. The penalty, which ~~will~~ include collection costs, for failure to file the regulatory assessment fee return by the date stated in the delinquency notice is ~~shall be~~ as follows:

(a) First violation – $500;

(b) Second violation – $1,000;

Failure of the company to pay the full amount due and stated in the Notice of Proposed Agency Action will result in the cancellation of the company’s certificate.

(13) For a company’s fourth failure to pay the regulatory assessment fee after being sent a delinquency notice, Commission staff will ~~shall~~ file a recommendation to the Commission for further action.

(14) A company that reapplies for a Certificate of Authority must pay all prior unpaid regulatory assessment fees, plus the penalty and interest defined in subsection (9), and any prior unpaid penalty assessed in accordance with subsection (11).

Rulemaking Authority 350.127(2) FS. Law Implemented 350.113, 364.285, 364.336 FS. History–New 5-18-83, Formerly 25-4.161, Amended 10-19-86, 1-1-91, 12-29-91, 1-8-95, 12-26-95, 7-7-96, 11-11-99, 12-7-04, 10-6-05, 4-16-07, 12-4-11, _______.

25-6.0131 Regulatory Assessment Fees; Investor-owned Electric Companies, Municipal Electric Utilities, Rural Electric Cooperatives.

(1) As applicable and as provided in Section 350.113, F.S., and Section 366.14, F.S., each company, utility, or cooperative must ~~shall~~ remit to the Commission a fee based upon its gross operating revenue. This fee is ~~shall be~~ referred to as a regulatory assessment fee. Regardless of the gross operating revenue of a company, utility, or cooperative, a minimum annual regulatory assessment fee of $25 will ~~shall~~ be imposed.

(a) Each investor-owned electric company must ~~shall~~ pay a regulatory assessment fee in the amount of 0.000848 of its gross operating revenues derived from intrastate business, excluding sales for resale between investor-owned electric companies, municipal electric utilities, and rural electric cooperatives or any combination thereof.

(b) Each municipal electric utility and rural electric cooperative must ~~shall~~ pay a regulatory assessment fee in the amount of 0.00009905 of its gross operating revenues derived from intrastate business, excluding sales for resale between investor-owned electric companies, municipal electric utilities, and rural electric cooperatives or any combination thereof.

(2) Regulatory assessment fees are due each January 30 for the preceding period or any part of the period from July 1 until December 31, and on July 30 for the preceding period or any part of the period from January 1 until June 30.

(3) If the due date falls on a Saturday, Sunday, or a holiday, the due date is extended to the next business day. If the fees are sent by registered mail, the date of the registration is the United States Postal Service’s postmark date. If the fees are sent by certified mail and the receipt is postmarked by a postal employee, the date on the receipt is the United States Postal Service’s postmark date. The postmarked certified mail receipt is evidence that the fees were mailed ~~delivered~~. Regulatory assessment fees are considered paid on the date they are postmarked by the United States Postal Service or received and logged in by the Commission’s Division of Administrative and Information Technology Services in Tallahassee. Fees are considered timely paid if properly addressed, with sufficient postage and postmarked no later than the due date.

(4) Commission Form PSC 1040 (08/26) ~~PSC/ECO 68 (01/24)~~, entitled “Investor-Owned Electric Utility Regulatory Assessment Fee Return,”; is available at [hyperlink] ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-16449~~; Commission Form PSC 1041 (08/26) ~~PSC/ECO 69 (01/24)~~, entitled “Municipal Electric Utility Regulatory Assessment Fee Return,” is available at [hyperlink] ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-16450~~; and Commission Form PSC 1042 (08/26) ~~PSC/ECO 70 (01/24)~~, entitled “Rural Electric Cooperative Regulatory Assessment Fee Return,” is available at [hyperlink] ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-16448~~. These forms are incorporated into this rule by reference and may be also be obtained from the Commission’s Division of Administrative and Information Technology Services. The failure of a company, utility, or cooperative to receive a return form does ~~shall~~ not excuse the company, utility, or cooperative from its obligation to timely remit the regulatory assessment fees.

(5) Each company, utility, or cooperative has ~~shall have~~ up to and including the due date in which to:

(a) Remit the total amount of its fee; or

(b) Remit an amount which the company, utility, or cooperative estimates is its full fee.

(6) Where the company, utility, or cooperative remits less than its full fee, the remainder of the full fee is ~~shall be~~ due on or before the 30th day from the due date and must ~~shall~~, where the amount remitted was less than 90 percent of the total regulatory assessment fee, include interest as provided by paragraph (8)(b) of this rule.

(7) A company, utility, or cooperative may request either a 15-day or a 30-day extension of its due date for payment of regulatory assessment fees or for filing its return form by submitting to the Division of Administrative and Information Technology Services Commission Form PSC 1037 (08/26) ~~PSC/AIT 124 (12/11)~~, entitled “Regulatory Assessment Fee Extension Request,” which is incorporated into this rule by reference and is available at [hyperlink]: ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-02620~~. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services.

(a) The request for extension must be received by the Division of Administrative and Information Technology Services at least two weeks before the due date.

(b) The request for extension will not be granted if the company, utility, or cooperative has any unpaid regulatory assessment fees, penalties, or interest due from a prior period.

(c) If ~~Where~~ a company, utility, or cooperative receives an extension of its due date pursuant to this rule, the entity must ~~shall~~ remit a charge as set out in Section 350.113(5), F.S., in addition to the regulatory assessment fee.

(8) The delinquency of any amount due to the Commission from the company, utility, or cooperative pursuant to the provisions of Section 350.113, F.S., and this rule, begins with the first calendar day after any date established as the due date either by operation of this rule or by an extension pursuant to this rule.

(a) A penalty, as set out in Section 350.113(4), F.S., applies ~~shall apply~~ to any such delinquent amounts.

(b) Interest at the rate of 12 percent per annum applies ~~shall apply~~ to any such delinquent amounts.

Rulemaking Authority 350.127(2), 366.05 FS. Law Implemented 350.113, 366.14 FS. History–New 5-18-83, Amended 2-9-84, Formerly 25-6.131, Amended 6-18-86, 10-16-86, 3-7-89, 2-19-92, 7-7-96, 1-1-99, 5-7-13, 4-1-24, ______.

25-7.0131 Regulatory Assessment Fees; Gas Utilities, Gas Municipals, and Gas Districts.

(1) As applicable and as provided in Sections 350.113 and 366.14, F.S., each gas utility, municipal, or gas district must ~~shall~~ remit a fee based upon its gross operating revenue. This fee is ~~shall be~~ referred to as a regulatory assessment fee. Regardless of the gross operating revenue of a company, a minimum annual regulatory assessment fee of $25 will ~~shall~~ be imposed.

(a) Each investor-owned gas utility must ~~shall~~ pay a regulatory assessment fee in the amount of .005 of its gross operating revenue derived from intrastate business, excluding sales for resale between public utilities, municipal gas utilities, and gas districts or any combination thereof.

(b) Each municipal or gas district must ~~shall~~ pay a regulatory assessment fee in the amount of 0.001919 of its gross operating revenue derived from intrastate business, excluding sales for resale between public utilities, municipal gas utilities, and gas district or any combination thereof.

(3) If the due date falls on a Saturday, Sunday, or a legal holiday, the due date is extended to the next business day. If the fees are sent by registered mail, the date of the registration is the United States Postal Service’s postmark date. If the fees are sent by certified mail and the receipt is postmarked by a postal employee, the date and the receipt is the United States Postal Service’s postmark date. The postmarked certified mail receipt is evidence that the fees were mailed ~~delivered~~. Regulatory assessment fees are considered paid on the date they are postmarked by the United States Postal Service or received and logged in by the Commission’s Division of Administrative and Information Technology Services in Tallahassee. Fees are considered timely paid if properly addressed, with sufficient postage and postmarked no later than the due date.

(4) Commission Form PSC 1044 (08/26) ~~PSC/AFD 67 (01/99)~~, entitled “Investor-Owned Natural Gas Utility Regulatory Assessment Fee Return,” is available at [hyperlink],: ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-02613~~ and Form PSC 1043 (08/26) ~~PSC/AFD 71 (07/96)~~, entitled “Gas Municipal or Gas District Regulatory Assessment Fee Return,” is available at [hyperlink].: These forms are incorporated into this rule by reference and may also be obtained from the Commission’s Division of Administrative and Information Technology Services. The failure of a utility to receive a return form does ~~shall~~ not excuse the utility from its obligation to timely remit the regulatory assessment fees.

(5) Each utility, municipal, and gas district has ~~shall have~~ up to and including the due date in which to:

(a) Remit the total amount of its fee, or

(b) Remit an amount which the utility, municipal, or gas district estimates is its full fee.

(6) Where the utility, municipal, or gas district remits less than its full fee, the remainder of the full fee is ~~shall be~~ due on or before the 30th day from the due date and must ~~shall~~, where the amount remitted was less than 90 percent of the total regulatory assessment fee, include interest as provided by paragraph (8)(b) of this rule.

(7) A utility, municipal, or gas district may request either a 15-day or a 30-day extension of its due date for payment of regulatory assessment fees or for filing its return form by submitting to the Division of Administrative and Information Technology Services Commission Form PSC 1037 (08/26), ~~PSC/AIT 124 (12/11)~~ entitled “Regulatory Assessment Fee Extension Request,” which is incorporated into this rule by reference and is available at [hyperlink]: ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-02621~~. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services.

(a) The request for extension must be received by the Division of Administrative and Information Technology Services at least two weeks before the due date.

(b) The request for extension will not be granted if the utility has any unpaid regulatory assessment fees, penalties, or interest due from a prior period.

(c) If ~~Where~~ a utility, municipal, or gas district receives an extension of its due date pursuant to this rule, the entity ~~utility, municipal, or gas district~~ must ~~shall~~ remit a charge as set out in Section 350.113(5), F.S., in addition to the regulatory assessment fee.

(8) The delinquency of any amount due to the Commission from the utility, municipal, or gas district pursuant to the provisions of Section 350.113, F.S., and this rule, begins with the first calendar day after any date established as the due date either by operation of this rule or by an extension pursuant to this rule.

(a) A penalty, as set out in Section 350.113, F.S., applies ~~shall apply~~ to any such delinquent amounts.

(b) Interest at the rate of 12 percent per annum applies ~~shall apply~~ to any such delinquent amounts.

Rulemaking Authority 350.127(2), 366.05 FS. Law Implemented 350.113, 366.14 FS. History–New 5-18-83, Formerly 25-7.131, Amended 10-19-86, 4-25-90, 7-7-96, 1-1-99, 5-7-13, _____.

25-7.101 Regulatory Assessment Fees; Natural Gas Transmission Companies.

(1) As provided in Section 368.109, F.S., each natural gas transmission company must ~~shall~~ pay a regulatory assessment fee. The regulatory assessment fee is ~~shall be~~ 0.25 percent annually of the natural gas transmission company’s gross operating revenue derived from intrastate business, excluding sales of gas for resale to natural gas transmission companies, public utilities that supply gas, municipal gas utilities and gas districts.

(2) Regulatory assessment fees are due each January 30 for the preceding 6 month period or any part of the period from July 1 until December 31, and on July 30 for the preceding 6 month period or any part of the period from January 1 until June 30.

(3) If the due date falls on a Saturday, Sunday, or a legal holiday, the due date is extended to the next business day. If the fees are sent by registered mail, the date of the registration is the United States Postal Service’s postmark date. If the fees are sent by certified mail and the receipt is postmarked by a postal employee, the date on the receipt is the United States Postal Service’s postmark date. The postmarked certified mail receipt is evidence that the fees were mailed ~~delivered~~. Regulatory assessment fees are considered paid on the date they are postmarked by the United States Postal Service or received and logged in by the Commission’s Division of Administrative and Information Technology Services in Tallahassee. Fees are considered timely paid if properly addressed, with sufficient postage, and postmarked no later than the due date.

(4) Commission Form PSC 1045 (08/26) ~~PSC/AFD 244 (02/98)~~, entitled “Natural Gas Transmission Pipeline Company Regulatory Assessment Fee Return,” is incorporated into this rule by reference and is available at [hyperlink]: ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-02615~~. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services. The failure of a utility to receive a return form does ~~shall~~ not excuse the utility from its obligation to timely remit the regulatory assessment fees.

(5) Each natural gas transmission company has ~~shall have~~ up to and including the due date in which to remit the total amount of its fee.

(6) Where the natural gas transmission company remits less than its full fee, the remainder of the full fee is ~~shall be~~ due on or before the 30th day from the due date and must ~~shall~~, where the amount remitted was less than 90 percent of the total regulatory assessment fee, include interest as provided by paragraph (8)(b) of this rule.

(7) A company may request either a 15-day or a 30-day extension of its due date for payment of regulatory assessment fees or for filing its return form by submitting, to the Division of Administrative and Information Technology Services, Commission Form PSC 1037 (08/26), ~~PSC/AIT 124 (12/11)~~ entitled “Regulatory Assessment Fee Extension Request,” which is incorporated by reference in Rule 25-7.0131, F.A.C. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services.

(a) The request for extension must be received by the Division of Administrative and Information Technology Services at least two weeks before the due date.

(b) The request for extension will not be granted if the utility has any unpaid regulatory assessment fees, penalties, or interest due from a prior period.

(c) If ~~Where~~ a utility receives either a 15-day or a 30-day extension of its due date pursuant to this rule, the utility must ~~shall~~ remit a charge as set out in Section 350.113(5), F.S., in addition to the regulatory assessment fee.

(8) The delinquency of any amount due to the Commission from the company, pursuant to the provisions of Section 368.109, F.S., and this rule, begins with the first calendar day after any date established as the due date by operation of this rule.

(a) A penalty, as set out in Section 350.113, F.S., applies ~~shall apply~~ to any such delinquent amounts.

(b) Interest at the rate of 12 percent per annum applies ~~shall apply~~ to any such delinquent amounts.

Rulemaking Authority 350.127(2), 368.104 FS. Law Implemented 350.113, 368.109 FS. History–New 9-13-98, Amended 5-7-13, _____.

25-30.120 Regulatory Assessment Fees; Water and Wastewater Utilities.

(1) As applicable and as provided in Section 350.113, F.S., each utility must ~~shall~~ remit a fee based upon its gross operating revenue. This fee is ~~shall be~~ referred to as a regulatory assessment fee. Each utility must ~~shall~~ pay a regulatory assessment fee in the amount of 0.045 of its gross revenues derived from intrastate business. The gross revenues reported for regulatory assessment fee purposes must agree with the amount reported as operating revenue on Schedule F-3 of the Operating Statement in the company’s Annual Report, filed in accordance with Rule 25-30.110, F.A.C. A minimum annual regulatory assessment fee of $25 will ~~shall~~ be imposed if there are no revenues or if revenues are insufficient to generate a minimum annual fee.

(2) The obligation to remit the regulatory assessment fees for any year applies ~~shall apply~~ to any utility that is subject to this Commission’s jurisdiction on or before December 31 of that year or for any part of that year.

(a) For large utilities with annual revenues of $200,000 or more based on the most recent prior calendar year, regulatory assessment fees must ~~shall~~ be filed with the Commission on or before July 30 for the preceding period or any part of the period from January 1 until June 30, and on January 30 for the preceding period or any part of the period from July 1 until December 31. Commission Form PSC 1046 (08/26), ~~PSC/AFD 010-WL (02/05)~~ entitled “Large Water Utility Regulatory Assessment Fee Return,” is available at [hyperlink],: ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-02618~~ and Commission Form PSC 1048 (08/26), ~~PSC/AFD 017-WL (02/05)~~ entitled “Large Wastewater Utility Regulatory Assessment Fee Return,” is available at [hyperlink]: ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-02619~~. These forms are incorporated into this rule by reference and may also be obtained from the Division of Administrative and Information Technology Services. The failure of a utility to receive a return form does ~~shall~~ not excuse the utility from its obligation to timely remit the regulatory assessment fees.

(b) For small utilities with annual revenues of less than $200,000 based on the most recent prior calendar year, regulatory assessment fees must ~~shall~~ be filed with the Commission on or before March 31 for the preceding year ended December 31. Commission Form PSC 1047 (08/26), ~~PSC/AFD 010-WS (02/05)~~ entitled “Small Water Utility Regulatory Assessment Fee Return,” is available at [hyperlink],: ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-02616~~ and Commission Form PSC 1049 (08/26), ~~PSC/AFD 017-WS (02/05)~~ entitled “Small Wastewater Utility Regulatory Assessment Fee Return,” is available at [hyperlink]: ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-02617~~. These forms are incorporated into this rule by reference and may also be obtained from the Commission’s Division of Administrative and Information Technology Services. The failure of a utility to receive a return form does ~~shall~~ not excuse the utility from its obligation to timely remit the regulatory assessment fees.

(c) For the purpose of this rule, a utility operating both a water system and a wastewater system must ~~shall~~ consider each system separately in determining the revenue threshold for filing regulatory assessment fees on either an annual or semi-annual basis.

(d) Regulatory assessment fees are considered paid on the date they are postmarked by the United States Postal Service or received and logged in by the Commission’s Division of Administrative and Information Technology Services in Tallahassee. Fees are considered timely paid if properly addressed, with sufficient postage and postmarked no later than the due date.

(4) Each utility has ~~shall have~~ up to and including the due date in which to:

(a) Remit the total amount of its fee; or

(b) Remit an amount which the utility estimates is its full fee.

(5) Any utility that purchases water or wastewater treatment from another utility regulated by the Florida Public Service Commission is allowed to deduct the annual expense for purchased water or wastewater treatment from its gross operating revenues before calculating the amount of the regulatory assessment fees due.

(6) A utility may request either a 15-day or a 30-day extension of its due date for payment of regulatory assessment fees or for filing its return form by submitting to the Division of Administrative and Information Technology Services Commission Form PSC 1037 (08/26), ~~PSC/AIT 124 (12/11)~~ entitled “Regulatory Assessment Fee Extension Request,” which is incorporated into this rule by reference and is available at [hyperlink]: ~~http://www.flrules.org/Gateway/reference.asp?No=Ref-02622~~. This form may also be obtained from the Commission’s Division of Administrative and Information Technology Services.

(a) The request for extension must be received by the Division of Administrative and Information Technology Services at least two weeks before the due date.

(b) The request for extension will not be granted if the utility has any unpaid regulatory assessment fees, penalties, or interest due from a prior period.

(c) If ~~Where~~ a utility receives either a 15-day extension or a 30-day extension of its due date pursuant to this rule, the utility must ~~shall~~ remit a charge as set out in Section 350.113(5), F.S., in addition to the regulatory assessment fee.

(7) The delinquency of any amount due to the Commission from the utility pursuant to the provisions of Section 350.113, F.S., and this rule, begins with the first calendar day after any date established as the due date either by operation of this rule or by an extension pursuant to this rule.

(a) Pursuant to Section 350.113, F.S., a penalty will ~~shall~~ be assessed against any utility that fails to pay its regulatory assessment fee by March 31, in the following manner:

1. Five percent of the fee if the failure is for not more than 30 days, with an additional five percent for each additional 30 days or fraction thereof during the time in which the failure continues, not to exceed a total penalty of 25 percent.

2. The amount of interest to be charged is one percent for each thirty days or fraction thereof, not to exceed a total of 12 percent per annum.

(b) In addition to the penalties and interest otherwise provided, the Commission may impose an additional penalty upon a utility for failure to pay regulatory assessment fees in a timely manner in accordance with Section 367.161, F.S.

(8) Any utility that requests and receives an extension of not more than 30 days, or remits, by the due date, an estimated fee payment of at least 90 percent of the actual fee due, will ~~shall~~ not be charged interest or penalty on the balance due if the balance is paid within the extension period.

Rulemaking Authority 350.127(2), 367.121(1) FS. Law Implemented 350.113, 367.145, 367.161 FS. History–New 5-18-83, Formerly 25-10.24, Amended 10-19-86, Formerly 25-10.024, Amended 11-10-86, 2-8-90, 7-7-96, 2-3-05, 5-7-13, _____.