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Agenda for <br />Commission Conference <br />August 6, 2019 <br />ITEM NO. CASE <br />1 **PAA Docket No. 20190094 -EU — Petition for variance from or <br />and (6), FAC, by Calypso Tower III, LLC. <br />Critical Date(s): October 8, 2019 - The Commission must <br />this date. <br />Commissioners Assigned: All Commissioners <br />Prehearing Officer: Fay <br />Staff: GCL: King, Cowdery <br />ECO: Guffey, Redda <br />waiver of Rule 25-6.049(5) <br />grant or deny the petition by <br />Issue 1: Should the Commission grant the developer's, petition for a waiver of <br />subsections (5) and (6) of Rule 25-6.049, F.A.C.? <br />Recommendation: Yes. The petition should be granted because the developer has <br />demonstrated that the purpose of the underlying statutes will be achieved by other means <br />and that application of the rule would create a substantial hardship and violate principles <br />of fairness. However, the waiver should be subject to the following four conditions: (1) <br />within one year of the closing of sale of its first residential unit, Calypso must be a <br />licensed public lodging establishment under Sections 509.241 and 509.242, F.S.; (2) 92 <br />percent of the residential units sold must be used solely for overnight occupancy; (3) <br />Calypso must allocate the cost of electricity to the individual owners using a reasonable <br />apportionment method; and (4) Calypso must file a report with the Commission 12 <br />months after the date of closing of the sale of the first residential unit. The report must <br />include the number of units sold and, of those, the number of units that are solely used for <br />overnight occupancy as defined in Rule 25-6.049(8)(b), F.A.C. The report must also <br />include a copy of Calypso's public lodging license. The Commission should also put <br />Calypso on notice that should Calypso ever fail to comply with these conditions, the rule <br />waiver will cease to be effective and Calypso will be responsible for all costs associated <br />with the conversion to individual metering. <br />Issue 2: Should this docket be closed? • <br />Recommendation: Yes. If no person whose substantial interests are affected by the <br />proposed agency action files a protest within 21 days of the issuance of the order, a <br />consummating order should be issued and this docket should be closed. <br />