Florida Statutes

Fla. Stat. § 367.022 (2025)

Exemptions.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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367.022 Exemptions.—The following are not subject to regulation by the commission as a utility nor are they subject to the provisions of this chapter, except as expressly provided:

(1) The sale, distribution, or furnishing of bottled water.

(2) Systems owned, operated, managed, or controlled by governmental authorities, including water or wastewater facilities operated by private firms under water or wastewater facility privatization contracts as defined in s. 153.91, and nonprofit corporations formed for the purpose of acting on behalf of a political subdivision with respect to a water or wastewater facility.

(3) Manufacturers providing service solely in connection with their operations.

(4) Public lodging establishments providing service solely in connection with service to their guests.

(5) Landlords providing service to their tenants without specific compensation for the service.

(6) Systems with the capacity or proposed capacity to serve 100 or fewer persons.

(7) Nonprofit corporations, associations, or cooperatives providing service solely to members who own and control such nonprofit corporations, associations, or cooperatives.

(8) Any person who resells water or wastewater service at a rate or charge which does not exceed the actual purchase price of the water or wastewater.

(9) Any person who resells water service to his or her tenants or to individually metered residents for a fee that does not exceed the actual purchase price of the water and wastewater service plus the actual cost of meter reading and billing, not to exceed 9 percent of the actual cost of service.

(10) Wastewater treatment plants operated exclusively for disposing of industrial wastewater.

(11) The sale of bulk supplies of desalinated water to a governmental authority.

(12) Any person providing only nonpotable water for irrigation or fireflow purposes in a geographic area where potable water service is available from a governmentally or privately owned utility or a private well.

(13) The sale for resale of bulk supplies of water or the sale or resale of wastewater services to a governmental authority or to a utility regulated pursuant to this chapter either by the commission or the county.

(14) The owner of a mobile home park operating both as a mobile home park and a mobile home subdivision, as those terms are defined in s. 723.003, who provides service within the park and subdivision to a combination of both tenants and lot owners, provided that the service to tenants is without specific compensation.

History.—s. 1, ch. 71-278; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 3, 25, 26, ch. 80-99; ss. 2, 3, ch. 81-318; ss. 3, 26, 27, ch. 89-353; s. 1, ch. 90-166; s. 4, ch. 91-429; s. 1, ch. 96-107; s. 10, ch. 96-202; s. 24, ch. 97-236; s. 4, ch. 99-319; s. 39, ch. 2002-296; s. 2, ch. 2016-226; s. 12, ch. 2020-27.

Notes of Decisions

Cited in 12 cases, 1973–2019 · leading case: PW Ventures, Inc. v. Nichols, 533 So. 2d 281 (Fla. 1988).

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PW Ventures, Inc. v. Nichols, 533 So. 2d 281 (Fla. 1988). · cites it 2× “" Section 367.022(6), Florida Statutes, expressly exempts from this definition "systems with the capacity or proposed capacity to serve 100 or fewer persons".”

Fletcher Props., Inc. v. FLA. PUB. Serv. COM'N, 356 So. 2d 289 (Fla. 1978). · cites it 6× “021, Florida Statutes (1975), and are not exempt under Section 367.022, Florida Statutes (1975).”

Charlotte Cty. v. Gen. Develop. Utils., 653 So. 2d 1081 (Fla. 1st DCA 1995). · cites it 2× “§ 367.022(2), Fla. Stat. (1993). The parties to this cause agree that never before has the PSC exercised its regulatory authority in a fact scenario such as this, i.”

Forest Hills Utils., Inc. v. Pasco Cnty., 536 So. 2d 1117 (Fla. 2d DCA 1988). · cites it 2× “§ 367.022, Fla. Stat. (1987). The appellant argues that the original parties to the agreement, the appellant and the Water Authority, contemplated that the water rates would be set by an independent rate setter; they did not contemplate a situation in which the water supplier…”

City of Winter Park v. S. States Utils., Inc., 540 So. 2d 178 (Fla. 5th DCA 1989). · cites it 2× “NOTES [1] Section 367.022(2), Florida Statutes, exempts utility systems owned, operated, managed or controlled by governmental agencies from the jurisdiction of the PSC.”

City of Mount Dora v. JJ's Mobile Homes, Inc., 579 So. 2d 219 (Fla. 5th DCA 1991). “Section 367.022(2) provides: 367.022 Exemptions The following are not subject to regulation by the commission as a utility nor are they subject to the provisions of this chapter except as expressly provided: * * * * * * (2) Systems owned, or systems of which the rates and…”

City of Hollywood v. Yarborough, 274 So. 2d 526 (Fla. 1973). · cites it 2× “Turning to the validity of the Commission’s Order, it is the contention of the City that the Order is unlawful because it is in violation of Fla.Stat. § 367.022(2), F. S. A., which provides in pertinent part: “The following are not subject to regulation by the commission as a…”

Nelson P. Schwob v. James C. Goss (Fla. 2d DCA 2019). · cites it 2× “The government may impose regulations on how a property is used, and 1The court also found that the PSC had jurisdiction to resolve the question of whether the Respondents can claim the "landlord-tenant" exemption under section 367.022(5), Florida Statutes (2014).”

Osceola Serv. Co. v. Bevis, 289 So. 2d 712 (Fla. 1974). · cites it 4× “Accordingly, actual notice is not required to be given to the various ex *714 empt utilities listed in Fla.Stat. § 367.022, F.S.A. In any event, notice is effected by the requirement of publication of notice.”

City of Ormond Beach v. Mayo, 330 So. 2d 524 (Fla. 1st DCA 1976). · cites it 2× “The Commission admits that it has no regulatory control over the City’s water system and its rates by virtue of the provisions of F.S. § 367.022(2), but claims that it has standing on its own behalf and on behalf of the customers of the two private utilities to bring the instant…”

City of Kissimmee v. Dept. of Env't Reg., 753 So. 2d 770 (Fla. 5th DCA 2000). “Similarly, the City is exempt from rate regulation by the Public Service Commission under Chapter 367, Florida Statutes (1999), by virtue of subsection 367.022(2), which exempts "systems owned, operated, managed, or controlled by government authorities.”

In re Glenn T. Bland Water Sys., 41 Fla. Supp. 197 (Fla. Pub. Serv. Comm'n 1975). “021, Florida Statutes, except those exempted from regulation by the provisions of §367.022, Florida Statutes, shall — 1. Register with this commission within thirty days, as required by the provisions of paragraph (a), subsection 367.”

— 367.022(2) — 6 cases

Charlotte Cty. v. Gen. Develop. Utils., 653 So. 2d 1081 (Fla. 1st DCA 1995). “§ 367.022(2), Fla. Stat. (1993). The parties to this cause agree that never before has the PSC exercised its regulatory authority in a fact scenario such as this, i.”

City of Winter Park v. S. States Utils., Inc., 540 So. 2d 178 (Fla. 5th DCA 1989). “NOTES [1] Section 367.022(2), Florida Statutes, exempts utility systems owned, operated, managed or controlled by governmental agencies from the jurisdiction of the PSC.”

City of Hollywood v. Yarborough, 274 So. 2d 526 (Fla. 1973). “Turning to the validity of the Commission’s Order, it is the contention of the City that the Order is unlawful because it is in violation of Fla.Stat. § 367.022(2), F. S. A., which provides in pertinent part: “The following are not subject to regulation by the commission as a…”

City of Ormond Beach v. Mayo, 330 So. 2d 524 (Fla. 1st DCA 1976). “The Commission admits that it has no regulatory control over the City’s water system and its rates by virtue of the provisions of F.S. § 367.022(2), but claims that it has standing on its own behalf and on behalf of the customers of the two private utilities to bring the instant…”

— 367.022(5) — 1 case

Nelson P. Schwob v. James C. Goss (Fla. 2d DCA 2019). “The government may impose regulations on how a property is used, and 1The court also found that the PSC had jurisdiction to resolve the question of whether the Respondents can claim the "landlord-tenant" exemption under section 367.022(5), Florida Statutes (2014).”

— 367.022(6) — 1 case

PW Ventures, Inc. v. Nichols, 533 So. 2d 281 (Fla. 1988). “" Section 367.022(6), Florida Statutes, expressly exempts from this definition "systems with the capacity or proposed capacity to serve 100 or fewer persons".”

— 367.022(7) — 1 case

Osceola Serv. Co. v. Bevis, 289 So. 2d 712 (Fla. 1974). “Accordingly, actual notice is not required to be given to the various ex *714 empt utilities listed in Fla.Stat. § 367.022, F.S.A. In any event, notice is effected by the requirement of publication of notice.”

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