The 2023 Florida Statutes (including Special Session C)

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 367
WATER AND WASTEWATER SYSTEMS

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F.S. 367.022

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.

F.S. 367.022 on Google Scholar

F.S. 367.022 on Casetext

Amendments to 367.022

Arrestable Offenses / Crimes under Fla. Stat. 367.022

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 367.022.

Annotations, Discussions, Cases:

Cases from cite.case.law:

CITY OF KISSIMMEE, v. DEPARTMENT OF ENVIRONMENTAL REGULATION,, 753 So. 2d 770 (Fla. Dist. Ct. App. 2000)

. . . by the Public Service Commission under Chapter 367, Florida Statutes (1999), by virtue of subsection 367.022 . . .

SOUTHERN STATES UTILITIES, n k a v. FLORIDA PUBLIC SERVICE COMMISSION, 714 So. 2d 1046 (Fla. Dist. Ct. App. 1998)

. . . “Utility" means a water or wastewater utility and, except as provided in s. 367.022, includes every person . . .

CHARLOTTE COUNTY, v. GENERAL DEVELOPMENT UTILITIES, INC., 653 So. 2d 1081 (Fla. Dist. Ct. App. 1995)

. . . following manner: (12) “Utility” means a water or waste-water utility and, except as provided in s. 367.022 . . . operated, managed, or controlled by governmental authorities” are not subject to PSC regulation. § 367.022 . . .

CITY OF MOUNT DORA, v. JJ s MOBILE HOMES, INC., 579 So. 2d 219 (Fla. Dist. Ct. App. 1991)

. . . .-022(2) provides: 367.022 Exemptions — The following are not subject to regulation by the commission . . .

CITY OF WINTER PARK, v. SOUTHERN STATES UTILITIES, INC., 540 So. 2d 178 (Fla. Dist. Ct. App. 1989)

. . . Section 367.022(2), Florida Statutes, exempts utility systems owned, operated, managed or controlled . . .

FOREST HILLS UTILITIES, INC. a v. PASCO COUNTY, a, 536 So. 2d 1117 (Fla. Dist. Ct. App. 1988)

. . . . § 367.022, Fla.Stat. (1987). . . .

SEBRING UTILITIES COMMISSION, v. HOME SAVINGS ASSOCIATION OF FLORIDA, a a, 508 So. 2d 26 (Fla. Dist. Ct. App. 1987)

. . . See §§ 366.02, 366.11 and 367.022(2), Fla.Stat. (1983). . . .

ROSALIND HOLDING COMPANY, v. ORLANDO UTILITIES COMMISSION,, 402 So. 2d 1209 (Fla. Dist. Ct. App. 1981)

. . . Comm’n, 237 So.2d 585 (Fla. 2d DCA), cert. denied, 240 So.2d 643 (Fla. 1970); §§ 366.02, 366.11, 367.022 . . .

FLETCHER PROPERTIES, INC. v. FLORIDA PUBLIC SERVICE COMMISSION,, 356 So. 2d 289 (Fla. 1978)

. . . definitions of a utility in Section 367.021, Florida Statutes (1975), and are not exempt under Section 367.022 . . . A ‘utility’ thereunder, ‘means water or sewer utility and, except as provided in Section 367.022, includes . . . (Section 367.022, F.S.) . . . the definitions of a utility in Section 367.021, Florida Statutes, and are not exempt under Section 367.022 . . .

OLTMAN, v. CITY OF POMPANO BEACH OLTMAN, v. CITY OF POMPANO BEACH, 46 Fla. Supp. 138 (Broward Cty. Cir. Ct. 1977)

. . . See: Sections 366.02 and 367.022(2), Florida Statutes. 12. In Storey v. . . .

CITY OF ORMOND BEACH, v. T. MAYO, 330 So. 2d 524 (Fla. Dist. Ct. App. 1976)

. . . . § 367.022(2), but claims that it has standing on its own behalf and on behalf of the customers of the . . .

In GLENN T. BLAND WATER SYSTEM, 41 Fla. Supp. 197 (Fla. P.S.C. 1975)

. . . subsection (3), §367.021, Florida Statutes, except those exempted from regulation by the provisions of §367.022 . . .

OSCEOLA SERVICE COMPANY v. H. BEVIS, 289 So. 2d 712 (Fla. 1974)

. . . . § 367.022(7), F.S.A., the pertinent part of which reads as follows: “The following are not subject . . . Accordingly, actual notice is not required to be given to the various exempt utilities listed in Fla.Stat. § 367.022 . . .

CITY OF HOLLYWOOD, a v. YARBOROUGH, 274 So. 2d 526 (Fla. 1973)

. . . . § 367.022(2), F. S. . . .