(1) Where, due to the manner in which a subdivision is developed, the utility is required to construct an underground electric distribution system through a section or sections of the subdivision where service will not be connected for at least two (2) years, then, in accordance with approved tariffs relating to extension of facilities the utility may require a reasonable deposit from the applicant before construction is commenced, in order to guarantee performance.
    (2) Where the subdivision is developed in a uniform manner, so that the utility may restrict the construction of its underground electric distribution system to the areas in which buildings are being constructed, then the utility may not require a deposit greater in amount than the charges calculated in accordance with the tariffs approved by the Commission.
    (3) If the amount of the deposit is in excess of the charges permitted under the utility’s approved tariff, then the excess deposit, without interest, shall be returned to the applicant on a pro-rata basis at quarterly intervals on the basis of installations of service to new customers.
    (4) Any portion of a deposit remaining unrefunded five (5) years from the date the utility is first ready to render service from the extension will be retained by the utility as liquidated damages and credited to an appropriate account.
Rulemaking Authority Florida Statutes § 366.05(1). Law Implemented 366.03, 366.041(1), 366.06(1) FS. History-New 4-10-71, Formerly 25-6.80.