26-01538H

FIRST INSERTION
NOTICE OF RULEMAKING REGARDING REVISED RATE SCHEDULE FOR CHILLED WATER SERVICE BY THE
ENCORE COMMUNITY DEVELOPMENT DISTRICT

In accordance with Chapters 120 and 190, Florida Statutes, the Encore Community Development District (“District”) hereby gives the public notice of its intent to adopt its proposed revisions to its Rate Schedule of connection and service rates, fees, and charges for the District’s provision of Chilled Water Services (“Proposed Rate Schedule”). The proposed rule number is 2026-01. Prior notice of rule development relative to the Proposed Rate Schedule was published in the Business Observer on May 1, 2026.

A public hearing will be conducted by the Board of Supervisors (“Board”) of the District on June 11, 2026, at 1:30 p.m. at the Ella at Encore, 1210 Ray Charles Blvd., Tampa, Florida 33602, relative to the adoption of the Proposed Rate Schedule. Pursuant to Sections 190.011(5) and 190.012(3), Florida Statutes, the Proposed Rates will not require legislative ratification.

The purpose and effect of the Proposed Rate Schedule is to adjust the existing rate schedule in order to provide sufficient revenues for Chilled Water Service utility operation and maintenance and to implement the provisions of Section 190.035, Florida Statutes. The Proposed Rate Schedule is shown in Attachment A below.

For more information regarding the public hearing, the Proposed Rate Schedule, or for a copy of the Proposed Rate Schedule and the related incorporated documents, if any, please contact the District Manager c/o Rizzetta & Company, Inc., 3434 Colwell Avenue, Suite 200, Tampa, Florida 33614, (813) 514-0400, [email protected] (“District Manager’s Office”).

The specific grant of rulemaking authority for the adoption of the Proposed Rate Schedule includes Sections 190.011(5), 190.011(15), 190.012(3), and 190.035, Florida Statutes. The specific laws implemented in the Proposed Rate Schedule include, but are not limited to, Sections 120.54, 120.542, 120.5435, 120.69, 120.81, 190.011(5), 190.011(15), 190.012(3), 190.035 and 190.041, Florida Statutes.

A statement of estimated regulatory costs, as defined in Section 120.541(2), Florida Statutes, has not been prepared relative to the Proposed Rate Schedule. Any person who wishes to provide the District with a proposal for a lower cost regulatory alternative as provided by Section 120.541(1), Florida Statutes, must do so in writing within twenty-one (21) days after publication of this notice to the District Manager’s Office.

This public hearing may be continued to a date, time, and place to be specified on the record at the hearing without additional notice. If anyone chooses to appeal any decision of the Board with respect to any matter considered at the public hearing, such person will need a record of the proceedings and should accordingly ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which such appeal is to be based. At the public hearing, staff or Supervisors may participate in the public hearing by speaker telephone.

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations at this public hearing because of a disability or physical impairment should contact the District Manager’s Office at least forty-eight (48) hours prior to the public hearing. If you are hearing or speech impaired, please contact the Florida Relay Service at 1-800-955-8771 or 1 800-955-8770 for aid in contacting the District Manager’s Office.

Rachel Welborn, District Manager
Encore Community Development District

ATTACHMENT A:
PRPOSED RATE SCHEDULE

SECTION 1: CHILLED WATER RATE SCHEDULE (“CHILLED WATER RATES”)

Fiscal Year Ending September 30th:

2026
2027
2028
2029
2030

BASE CHARGE

PRODUCT TYPE
Unit

Residential
Per Dwelling Unit
$23.72
$25.62
$27.67
$29.88
$32.27

Commercial
Per Square Foot
0.077
0.083
0.090
0.097
0.105

USAGE CHARGE

PRODUCT TYPE
Unit

All Customers
Per Ton/Hour
$0.336
$0.363
$0.392
$0.423
$0.457

METER CHARGE

PRODUCT TYPE
Unit

All Customers
Per Meter
$53.41
$57.68
$62.29
$67.27
$72.65

SECTION 2: ADOPTION OF ANNUAL INDEX
The District hereby adopts the Consumer Price Index (“CPI”) such that beginning October 1, 2031, the Chilled Water Rates for all product types shall be adjusted in accordance with the annual CPI as published by the U.S. Department of Labor as of September 1 and adjusted annually on the same day thereafter. The adjustment may not be less than 0% and will remain in effect until the next CPI adjustment.

SECTION 3: MISCELLANEOUS FEES AND CHARGES

Returned Check Fee:
$30.00

Application Fee:
$30.00

Late Payment Fee:
1.5% of unpaid balance

Reconnection after Disconnection:
$50.00

Security Deposit

Residential Building
One month estimated bill

Non-Residential Building
Two months’ estimated bill

SECTION 4: CONNECTION OF NEW LOT
4.1. Requirement for Connection. When new structures are constructed on lots within the District (“New Lot”), the developer/owner of such lot (“Developer”) shall be responsible for coordinating connection of such new structure to the District’s Chilled Plant Facility (also referred to as the “CEP”) through the District, which connection shall be made by the District through its designated contractor (“Contractor”). Upon request from the Developer, the Contractor shall provide the Developer with an estimated order of magnitude Connection Cost (hereinafter defined) during the due diligence phase of the lot sale agreement, and shall provide a final itemized estimate of the total Connection Cost upon the Developer’s completion of all relevant construction documents and prior to the commencement of any New Lot connection work.
4.2. Payment of Connection Cost. The full Connection Cost shall be remitted by the Developer to the District upon the Developer’s closing to purchase the applicable New Lot or at such other time as agreed to in writing by the District.
4.3. Determination of Connection Cost. Developer shall be responsible for payment of the Connection Cost. The final Connection Cost may vary based on the unique requirements of the building and the extent of work necessary to establish the chilled water connection. Subject to review by the District, the “Connection Cost” shall be equal to the District’s actual cost for Contractor to connect to New Lot to the CEP, which work shall be completed pursuant and subject to the operation and maintenance agreement between District and Contractor in effect at the time of the New Lot connection (“O&M Agreement”). Except as otherwise provided in such O&M Agreement, the Connection Cost shall be determined by Contractor in accordance with the following methodology:
4.3.1. Actual Construction Cost. The Contractor’s actual cost of all labor, materials, subcontractor services, equipment, controls, underground piping, installation, testing, flushing, commissioning, and site restoration required to complete the chilled water connection (“Cost”).
4.3.2. Markup. A markup of up to twenty eight percent (28%) shall be applied to the Cost, which markup
consists of: (i) Contractor’s overhead in an amount not to exceed eighteen percent (18%); and (ii) Contractor’s fee in an amount not to exceed ten percent (10%) (“Markup”).
4.3.3. Schedule of Values. The Contractor shall provide a comprehensive Schedule of Values with each estimate and invoice, itemizing the Cost and all components of the Connection Cost.
Scope of Work Included in Connection. The New Lot connection services provided by Contractor shall consist of a turnkey project to furnish and install the chilled water connection between the District’s Central Energy Plant and the Developer’s New Lot up to the New Lot’s heat exchanger system. The scope of work will include activities on the CEP side of the New Lot’s heat exchanger system, which may include, but is not limited to: (a) General Project Management and Coordination; (b) Underground Piping and Hot Tap Work (if necessary); (c) Mechanical Installation – CEP Side; and (d) Controls, Instrumentation, and Integration – CEP Side

May 8, 2026 26-01538H

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