Florida Regulations 25-7.087: Adjustment of Bills for Meter Error
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(1) Fast meters. Whenever a meter is found to have an average error of more than two percent (2%) fast, the utility shall refund to the customer the amount billed in error for one half the period since the last test, said one half period not to exceed twelve (12) months except that if it can be shown that the error was due to some cause, the date of which can be fixed, the overcharge shall be computed back to but not beyond such date, based upon available records. If the meter has not been tested in accordance with Fl. Admin. Code R. 25-7.064, the period for which it has been in service beyond the regular test period shall be added to the twelve (12) months in computing the refund. The refund shall not include any part of any minimum charge.
(2) Slow meters.
(a) Except as provided by this subsection, a utility may backbill in the event that a meter is found to be slow, non-registering or partially registering. A utility may not backbill for any period greater than twelve (12) months from the date it removes the meter of a customer, which meter is later found by the utility to be slow, non-registering or partially registering. If it can be ascertained that the meter was slow, non-registering or partially registering for less than twelve (12) months prior to removal, then the utility may backbill only for the lesser period of time. In any event, the customer may extend the payments of the backbill over the same amount of time for which the utility issued the backbill. Nothing in this subsection shall be construed to limit the application of subsection (4) of this rule.
(b) Whenever a meter tested is found to have an average error of more than two-percent (2%) slow, the utility may bill the customer an amount equal to the unbilled error in accordance with this subsection. If the utility has required a deposit as permitted under subsection 25-7.065(2), F.A.C., the customer may be billed only for that portion of the unbilled error which is in excess of the deposit retained by the utility.
(c) In the event of a non-registering or a partially registering meter, unless the provisions of subsection (3) of this rule apply, a customer may be billed on an estimate based on previous bills for similar usage.
(3) It shall be understood that when a meter is found to be in error in excess of the prescribed limits of two percent (2%) fast or slow, the figure to be used for calculating the amount of refund or charge in subsection (1) or paragraph (2)(b) above shall be that percentage of error as determined by the test.
(4) In the event of unauthorized use, the customer may be billed on a reasonable estimate of the gas consumed.
Rulemaking Authority Florida Statutes § 366.05(1). Law Implemented 366.05(1) FS. History-New 1-8-75, Amended 5-4-75, 5-3-82, Formerly 25-7.87.
(a) Except as provided by this subsection, a utility may backbill in the event that a meter is found to be slow, non-registering or partially registering. A utility may not backbill for any period greater than twelve (12) months from the date it removes the meter of a customer, which meter is later found by the utility to be slow, non-registering or partially registering. If it can be ascertained that the meter was slow, non-registering or partially registering for less than twelve (12) months prior to removal, then the utility may backbill only for the lesser period of time. In any event, the customer may extend the payments of the backbill over the same amount of time for which the utility issued the backbill. Nothing in this subsection shall be construed to limit the application of subsection (4) of this rule.
(b) Whenever a meter tested is found to have an average error of more than two-percent (2%) slow, the utility may bill the customer an amount equal to the unbilled error in accordance with this subsection. If the utility has required a deposit as permitted under subsection 25-7.065(2), F.A.C., the customer may be billed only for that portion of the unbilled error which is in excess of the deposit retained by the utility.
(c) In the event of a non-registering or a partially registering meter, unless the provisions of subsection (3) of this rule apply, a customer may be billed on an estimate based on previous bills for similar usage.
(3) It shall be understood that when a meter is found to be in error in excess of the prescribed limits of two percent (2%) fast or slow, the figure to be used for calculating the amount of refund or charge in subsection (1) or paragraph (2)(b) above shall be that percentage of error as determined by the test.
(4) In the event of unauthorized use, the customer may be billed on a reasonable estimate of the gas consumed.
Rulemaking Authority Florida Statutes § 366.05(1). Law Implemented 366.05(1) FS. History-New 1-8-75, Amended 5-4-75, 5-3-82, Formerly 25-7.87.