Florida Administrative Code › 25 - PUBLIC SERVICE COMMISSION › 25 - Departmental › Chapter 25-30 - WATER AND WASTEWATER UTILITY RULES › Section 25-30.320 - Refusal or Discontinuance of Service

Current through Reg. 50, No. 138; July 16, 2024
(1)
				Until adequate facilities can be provided, a utility may refuse to serve an
				applicant if, in the best judgment of the utility, it does not have adequate
				facilities, or supply to render the service applied for, or if the service is
				of character that is likely to affect unfavorably service to other
				customers.
(2) As applicable, the
				utility may refuse or discontinue service under the following conditions
				provided that, unless otherwise stated, the customer shall be given written
				notice and allowed a reasonable time to comply with any rule or remedy any
				deficiency:
(a) For noncompliance with or
				violation of any state or municipal law or regulation governing such utility
				service.
(b) For failure or refusal
				of the customer to correct any deficiencies or defects in his piping or
				equipment which are reported to him by the utility.
(c) For the use of utility service for any
				other property or purpose than that described in the application.
(d) For failure or refusal to provide
				adequate space for the meter or service equipment of the utility.
(e) For failure or refusal to provide the
				utility with a deposit to insure payment of bills in accordance with the
				utility's regulation.
(f) For
				neglect or refusal to provide reasonable access to the utility for the purpose
				of reading meters or inspection and maintenance of equipment owned by the
				utility.
(g) For nonpayment of
				bills, including nonpayment of municipal sewer service under circumstances
				specifically provided in Section
				 159.18(2),
				F.S., or noncompliance with the utility's rules and regulations in connection
				with the same or a different type or a different class of utility service
				furnished to the same customer at the same premises by the same or affiliated
				utility only after there has been a diligent attempt to have the customer
				comply, including at least 5 working days' written notice to the customers.
				Such notice shall be separate and apart from any bill for service. For purposes
				of this subsection, "working day" means any day on which the utility's office
				is open and the U.S. Mail is delivered. A utility shall not, however, refuse or
				discontinue service for nonpayment of a dishonored check service charge imposed
				by the utility.
(h) Without notice
				in the event of a condition known to the utility to be hazardous.
(i) Without notice in the event of tampering
				with regulators, valves, piping, meter or other facilities furnished and owned
				by the utility.
(j) Without notice
				in the event of unauthorized or fraudulent use of service. Whenever service is
				discontinued for fraudulent use of such service, the utility, before restoring
				service, may require the customer to make at his own expense all changes in
				piping or equipment necessary to eliminate illegal use and to pay an amount
				reasonably estimated as the deficiency in revenue resulting from such
				fraudulent use. Service shall not be discontinued if, prior to the arrival of
				the utility to discontinue service, the customer has:
1. Paid for all fraudulent use of
				service;
2. Demonstrated the
				fraudulent use has ceased;
3. Paid
				all other applicable fees and charges; and
4. The service condition allowing fraudulent
				use of service has been corrected.