Florida Public Service Commission native order document 05418-2026

Order No. PSC-2026-0287-FOF-WSFlapubserv

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FILED 8/24/2026
DOCUMENT NO. 05418-2026
FPSC 	- COMMISSION CLERK
BEFORE THE FLORIDA PUBLIC SERVICE COMMISSION
In re: Application for transfer of CPI Citrus
Park Utility TRS, L.L.C.'s water and
wastewater facilities, in Lee County, to Bonita
Springs Utilities, Inc., an exempt entity under
Section 367.022(7), F.S., and cancellation of
Certificate Nos. 675-W and 576-S.
DOCKET NO. 20260027-WS
ORDER NO. PSC-2026-0287-FOF-WS
ISSUED: August 24, 2026
The following Commissioners participated in the disposition of this matter:
GABRIELLA PASSIDOMO SMITH, Chairman
GARY F. CLARK
MIKE LA ROSA
BOBBY PAYNE
ANA ORTEGA
ORDER APPROVING TRANSFER OF CPI CITRUS PARK UTILITY TO BONITA SPRINGS
UTILITIES AND CANCELLATION OF CERTIFICATE NOS. 675-W AND 576-S
BY THE COMMISSION:
Background
CPI 	Citrus Park Utility TRS, L.L.C. (CPI 	or 	Utility) 	is 	located 	in Lee County, 	Florida.
The Utility provides water and wastewater service to the Citrus Park Mobile Home and RV Park
(Citrus 	Park), 	which 	serves 	approximately 	1,531 	residential 	mobile home 	customers 	with
associated common area buildings. The Utility also provides water 	service via master meter to
the 	Bell 	Villa Property Owners 	Association, 	Inc., which 	serves 	approximately 	127 	residential
lots 	in 	the 	Bell 	Villa 	Subdivision. The water 	system was 	built 	in 	1989, and 	the 	wastewater
system was 	built 	in 	1988. 	In 	its 2025 Annual 	Report, CPI 	reported 	a 	net 	operating 	loss 	of
$186,351. In 2020, we issued water and wastewater Certificate Nos. 675-W and 576-S to CPI. 1
On 	February 	19, 	2026, CPI 	filed 	its 	application 	for 	transfer of water and wastewater
facilities 	to 	Bonita 	Springs 	Utilities, 	Inc. (BSU 	or 	Buyer), 	an exempt 	entity 	under 	Section
367.022(7), 	Florida 	Statutes 	(F.S.), and cancellation of Certificate Nos. 675-W and 576-S. Our
staff found 	the 	initial 	application 	to be 	deficient and 	issued 	a 	deficiency 	letter on March 	19,
2026? Deficiencies were resolved on June 	2, 2026?
1Order No. PSC-2020-0263-PAA-WS, issued July 27, 2020, in Docket No. 20190194-WS, In 	re: Application for
original water and wastewater certificates and approval of initial rates, charges and standard service agreements in
Lee County, by CPI Citrus Park Utility TRS, L.L.C.
2Document No. 01651-2026, filed March 19, 2026.
3Document No. 03306-2026, filed June 2, 2026.
ORDER NO. PSC-2026-0287-FOF-WS
DOCKET NO. 20260027-WS
PAGE 2
This order addresses the transfer of CPI's water and wastewater facilities to BSU, an
exempt entity, and the cancellation of Certificate Nos. 675-W and 576-S. We have jurisdiction
over this matter pursuant to Sections 367.071 and 367.022, F.S.
Decision
Legal Standard
Transfers of certificates are governed by Section 367.071, F.S., and by Rule 25-30.037,
Florida Administrative Code (F.A.C.). The statute provides that we may approve the transfer if it
is in the public interest and the transferee will fulfill the commitments, obligations, and
representations of the utility. To demonstrate that the transferee can do so, the rule requires the
transferee to show the financial and technical ability to operate the utility.
Analysis
On February 19, 2026, CPI filed an application for the transfer of its water and
wastewater facilities to BSU, an exempt entity, and the cancellation of Certificate Nos. 675-W
and 576-S.
Pursuant to Section 367.022(7), F.S., the Buyer is an exempt entity that is not subject to
our regulation, as BSU is a nonprofit cooperative providing service solely to members who own
and control the cooperative. Following the transfer to BSU, Citrus Park will retain the local
distribution system and provide water and wastewater services to tenants of the mobile home
park. Pursuant to Section 367.022(9), F.S., Citrus Park would provide these services at a price
that does not exceed the actual purchase price of the water and wastewater service, plus the
actual cost for metering and billing not to exceed 9% of the actual cost of service and would
therefore be considered exempt from our regulation. We reviewed the application and find that it
is in compliance with Section 367.071, F.S., and Rule 25-30.037(5), F.A.C., concerning
applications for transfer of a regulated utility to an exempt entity other than a governmental
authority.
BSU and Citrus Park shall be put on notice that, if there is a change in circumstance or
method of operation or billing practices which causes either utility to no longer qualify for
exemption, pursuant to Section 367.022, F.S., they shall inform us within 90 days. CPI’s territory
description and Certificate Nos. 675-W and 576-S are contained in Attachment A to this order.
Application and Noticing
In accordance with Rule 25-30.037(5), F.A.C., CPI provided a filing fee of $3,000 with
its application and provided notice of the application in compliance with Rule 25-30.030, F.A.C. 4
The initial application also included the purchase agreement, which provides that a transfer is
contingent upon our approval and that closing will occur within 30 days of such approval.
However, the Utility filed an addendum to the purchase agreement revising the closing date to
4 Document Nos. 01246-2026, filed February 23, 2026, and 03306-2026, filed June 2, 2026.
ORDER NO. PSC-2026-0287-FOF-WS
DOCKET NO. 20260027-WS
PAGE 3
occur within three days of our approval.5 The application stated that the Seller did not maintain
customer deposits; therefore, no refunds of customer deposits are required. The application also
contained statements regarding the Utility’s compliance in filing RAFs, and annual reports, as
well as an explanation of the Buyer’s exempt status in accordance with Section 367.022, F.S. No
objections to the transfer were filed, and the time for doing so has expired.
Facility Description and Compliance
The water system includes three wells with capacities of 200, 197, and 50 gallons per
minute, using chlorination and reverse osmosis treatment. The wastewater treatment plant is an
extended aeration activated sludge plant with a design capacity of 199,000 gallons per day and
includes five rapid infiltration basins, two clarifiers, one surge tank, one chlorine contact
chamber and 11 lift stations.
We reviewed the most recent Department of Environmental Protection (DEP) sanitary
survey, issued on March 19, 2026, which identified eight deficiencies, six of which were minor
non-compliance deficiencies, while the remaining two issues were significant non-compliance
(SNC) deficiencies. The Utility corrected all six minor deficiencies and one SNC deficiency; the
remaining SNC deficiency relates to exceeding the plant’s permitted capacity in 2025 and 2026.
We also reviewed the Utility’s 2025 water quality results. The Utility exceeded the DEP
limits for haloacetic acids and total trihalomethanes, and total dissolved solids exceeded the
secondary standard. The Utility issued the required public notices and is working with DEP to
address the violations. Additionally, the October 23, 2025, DEP Compliance Inspection Report
identified that the Utility failed to submit annual Reclaimed Water/Effluent Analysis Reports for
2022 through 2024 but identified no other compliance issues.
Technical and Financial Ability
Pursuant to Rule 25-30.037(2)(m), F.A.C., the application contained an explanation of
the Buyer’s experience in the water and wastewater industry and the Buyer’s plans for ensuring
continued operation of the utility. Pursuant to Rule 25-30.037(2)(l), F.A.C., the application
contained a detailed financial statement and a statement that the Buyer is not relying on any other
entities or affiliates for funding the purchase.
Regulatory Assessment Fees and Annual Report
We have verified that the Utility is current on the filing of annual reports and RAFs
through December 31, 2026. The Utility will continue to be responsible for paying RAFs, until
we have approved the closing of the sale.
5 Document No. 04384-2026, filed July 15, 2026.
ORDER NO. PSC-2026-0287-FOF-WS
DOCKET NO. 20260027- WS
PAGE 4
Conclusion
Based on the foregoing, we find that the transfer of the water and wastewater systems 	is
in the public interest and shall be approved effective the date of our vote. 	Certificate Nos. 675-W
and 576-S shall be cancelled administratively upon receipt of the executed agreement confirming
the actual date of closing, which 	is scheduled to take place within three days 	after our approval
of the transfer. CPI 	shall be required to 	file closing documents 	that contain evidence of the date
of closing within 90 days of the 	date of the 	closing. CPI 	is 	responsible 	for RAFs through the
closing date.
Based on the foregoing, 	it 	is 	' 	.
ORDERED by the Florida Public Service Commission that the 	transfer of the water and
wastewater 	systems 	is 	in 	the 	public 	interest and 	are approved 	effective 	the 	date of our 	vote.
Certificate 	Nos. 675-W 	and 	576-S 	shall 	be 	cancelled 	administratively upon 	receipt 	of 	the
executed agreement 	confirming 	the 	actual 	date 	of 	closing, which 	is 	scheduled 	to 	take 	place
within 	three 	days 	after 	our 	approval 	of 	the 	transfer. 	CPI 	shall 	be 	required 	to 	file 	closing
documents that contain evidence of the date of closing within 90 days of the date of the closing.
CPI 	is responsible for regulatory assessment fees through the closing date. 	It 	is further
ORDERED that this docket shall remain open until the executed purchase agreement has
been 	filed 	confirming 	the 	actual 	date 	of 	closing, Upon 	receipt, 	the 	docket 	shall 	be 	closed
administratively.
By ORDER of the Florida Public Service Commission this 24th day of August, 2026 	.
ADAM ’^EITZW^N
Commission Qerk
Florida Public Service Commission
2540 Shumard Oak Boulevard
Tallahassee, Florida 32399
(850)413-6770
www.floridapsc. com
Copies 	furnished: A copy 	of 	this document 	is
provided 	to 	the 	parties 	of record 	at 	the 	time 	of
issuance and, 	if applicable, interested persons.
MRT
ORDER NO. PSC-2026-0287-FOF-WS
DOCKET NO. 20260027-WS
PAGE 5
NOTICE OF FURTHER PROCEEDINGS OR JUDICIAL REVIEW
The Florida Public Service Commission is required by Section 120.569(1), Florida
Statutes, to notify parties of any administrative hearing or judicial review of Commission orders
that is available under Sections 120.57 or 120.68, Florida Statutes, as well as the procedures and
time limits that apply. 	This notice should not be construed to mean all requests for an
administrative hearing or judicial review will be granted or result in the relief sought.
Any party adversely affected by the Commission's final action in this matter may request:
1) reconsideration of the decision by filing a motion for reconsideration with the Office of
Commission Clerk, 2540 Shumard Oak Boulevard, Tallahassee, Florida 32399-0850, within
fifteen (15) days of the issuance of this order in the form prescribed by Rule 25-22.060, Florida
Administrative Code; or 2) judicial review by the Florida Supreme Court in the case of an
electric, gas or telephone utility or the First District Court of Appeal in the case of a water and/or
wastewater utility by filing a notice of appeal with the Office of Commission Clerk, and filing a
copy of the notice of appeal and the filing fee with the appropriate court. 	This filing must be
completed within thirty (30) days after the issuance of this order, pursuant to Rule 9.110, Florida
Rules of Appellate Procedure. 	The notice of appeal must be in the form specified in Rule
9.900(a), Florida Rules of Appellate Procedure.
ORDER NO. PSC-2026-0287-FOF-WS 	Attachment A
DOCKET NO. 20260027-WS 	Page 1 of 3
PAGE 6
CPI Citrus Park Utility TRS, L.L.C.
Water Service Territory Legal Description
Lee County
THE EAST 150 FEET OF THE WEST 1,120 FEET OF THE NORTH 260 FEET OF SECTION
19, TOWNSHIP 47 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTHWEST CORNER OF SAID SECTION 19 RUN N89°16'57"E
ALONG THE NORTH LINE OF SAID SECTION 19 FOR A DISTANCE OF 970.01 FEET TO
THE POINT OF BEGINNING; THENCE CONTINUE N89°16'57"E ALONG SAID NORTH
LINE FOR A DISTANCE OF 150.00 FEET; THENCE LEAVING SAID NORTH LINE RUN
S0l°00'52"E ALONG A LINE 1,120 FEET EAST OF AND PARALLEL TO THE WEST LINE
OF SAID SECTION 19 FOR A DISTANCE OF 260.00 FEET; THENCE RUN S89°16'57"W
ALONG A LINE 260 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID
SECTION 19 FOR A DISTANCE OF 150.00 FEET; THENCE RUN N0l°00'52"W ALONG A
LINE 970 FEET EAST OF AND PARALLEL TO THE WEST LINE OF SAID SECTION 19
FOR A DISTANCE OF 260.00 FEET TO THE POINT OF BEGINNING.
SAID LAND CONTAINING 39,000.52 SQUARE FEET OR 0.90 ACRES MORE OR LESS.
Wastewater Service Territory Legal Description
Lee County
THE WEST 440 FEET OF THE SOUTH 1,070 FEET OF THE NORTH 1,310 FEET OF
SECTION 19, TOWNSHIP 47 SOUTH, RANGE 26 EAST, LEE COUNTY, FLORIDA, AND
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT NORTHWEST CORNER OF SAID SECTION 19 RUN S0l°00'52"E
ALONG THE WEST LINE OF SAID SECTION 19 FOR A DISTANCE OF 240.00 FEET TO
THE POINT OF BEGINNING; THENCE LEAVING SAID WEST LINE RUN N89°16'57"E
ALONG A LINE 240 FEET SOUTH OF AND PARALLEL TO THE NORTH LINE OF SAID
SECTION 19 FOR A DISTANCE OF 440.01 FEET; THENCE RUN S0l°00'52"E ALONG A
LINE 440 FEET EAST OF AND PARALLEL TO THE SAID WEST LINE FOR A DISTANCE
OF 1,070.01 FEET; THENCE RUN S89°16'57"W ALONG A LINE 1,370 FEET SOUTH OF
AND PARALLEL TO THE NORTH LINE OF SAID SECTION 19 FOR A DISTANCE OF
440.01 FEET; THENCE RUN N0l°00'52"W ALONG SAID WEST LINE FOR A DISTANCE
OF 1,070.01 FEET TO THE POINT OF BEGINNING.
SAID LAND CONTAINING 470,806.33 SQUARE FEET OR 10.81 ACRES MORE OR LESS.
ORDER NO. PSC-2026-0287-FOF-WS 	Attachment A
DOCKET NO. 20260027-WS 	Page 2 of 3
PAGE 7
FLORIDA PUBLIC SERVICE COMMISSION
Authorizes
CPI Citrus Park Utility TRS, L.L.C.
pursuant to
Certificate Number 675–W
to provide water service in Lee County in accordance with the provisions of Chapter 367, Florida
Statutes, and the Rule, regulations, and Orders of this Commission in the territory described by
the Orders of this Commission. This authorization shall remain in force and effect until
superseded, suspended, cancelled or revoked by Order of this Commission.
Order Number 	Date Issued 	Docket Number 	Filing Type
PSC-2020-0263-PAA-WS 	07/27/2020 	20190194-WS 	Original Certificate
PCS-2026-0287-FOF-WS 	08/24/2026 	20260027-WS 	Certificate Cancellation
ORDER NO. PSC-2026-0287-FOF-WS 	Attachment A
DOCKET NO. 20260027-WS 	Page 3 of 3
PAGE 8
FLORIDA PUBLIC SERVICE COMMISSION
Authorizes
CPI Citrus Park Utility TRS, L.L.C.
pursuant to
Certificate Number 576–S
to provide wastewater service in Lee County in accordance with the provisions of Chapter 367,
Florida Statutes, and the Rule, regulations, and Orders of this Commission in the territory
described by the Orders of this Commission. This authorization shall remain in force and effect
until superseded, suspended, cancelled or revoked by Order of this Commission.
Order Number 	Date Issued 	Docket Number 	Filing Type
PSC-2020-0263-PAA-WS 	07/27/2020 	20190194-WS 	Original Certificate
PCS-2026-0287-FOF-WS 	08/24/2026 	20260027-WS 	Certificate Cancellation

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