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Supreme Court rules on Florida's storm protection plan prudence standards

March 04, 2025 | Regulated Industries , Standing Committees, Senate, Legislative, Florida


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Supreme Court rules on Florida's storm protection plan prudence standards
The Committee on Regulated Industries convened on March 4, 2025, to discuss significant concerns regarding the implementation of the Storm Protection Plan (SPP) and its associated cost recovery mechanisms. The meeting highlighted the complexities surrounding the approval and evaluation of these plans, particularly in relation to their financial implications for Florida's utility customers.

The session began with a presentation from Mr. Turweiler, who expressed apprehensions about the statutory language that allows approved SPPs to be deemed prudent without a thorough cost-benefit analysis. He emphasized that once a plan is approved, expenditures related to it are automatically considered prudent, which raises concerns about unchecked spending and the lack of a mechanism to assess the point of diminishing returns on investments.

Mr. Turweiler pointed out that the current public interest standard used to evaluate SPPs is inadequate for addressing the substantial infrastructure costs that could reach tens of billions of dollars. He argued that a prudency review is essential for ensuring that these investments are cost-effective and beneficial for customers. The absence of such a review could lead to excessive spending without proper oversight.

The discussion took a turn when Senator Fine questioned Mr. Turweiler about the decision to appeal the SPP case to the Supreme Court without prior consultation with the bill's sponsors. Senator Fine expressed concern over the potential costs incurred by taxpayers for the legal proceedings and suggested that open communication might have led to a more amicable resolution.

Mr. Turweiler clarified that his office operates under strict guidelines and does not engage in lobbying. He maintained that the appeal was necessary to address what they perceived as flaws in the implementation of the statute. The Supreme Court's ruling indicated that the approach taken by the commission was not supported by the existing statute, reinforcing the need for clarity in legislative intent.

The meeting concluded with a recognition of the ongoing challenges in balancing infrastructure investment with customer interests. The committee members acknowledged the importance of revisiting the statutory framework to ensure that future SPPs are evaluated with a focus on both prudence and public benefit. Further discussions and potential legislative actions are anticipated as the committee seeks to address these critical issues.

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