Florida Statute 367.022 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXVII
RAILROADS AND OTHER REGULATED UTILITIES

Chapter 367
WATER AND WASTEWATER SYSTEMS

View Entire Chapter

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.

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Amendments to 367.022

Annotations, Discussions, Cases:

Cases Citing Statute 367.022

Total Results: 12

PW Ventures, Inc. v. Nichols

533 So. 2d 281, 98 P.U.R.4th 533

Supreme Court of Florida | Filed: Oct 27, 1988 | Docket: 2516670

Cited 54 times | Published

sewer service to the public for compensation." Section 367.022(6), Florida Statutes, expressly exempts from

Village of North Palm Beach v. Mason

167 So. 2d 721, 1964 WL 109567

Supreme Court of Florida | Filed: Jun 17, 1964 | Docket: 1321271

Cited 20 times | Published

367 is unconstitutional. With reference to Section 367.22, petitioner is in error in stating that under

Charlotte Cty. v. Gen. Develop. Utilities

653 So. 2d 1081, 1995 WL 214970

District Court of Appeal of Florida | Filed: Apr 13, 1995 | Docket: 552023

Cited 11 times | Published

authorities" are not subject to PSC regulation. § 367.022(2), Fla. Stat. (1993). The parties to this cause

Forest Hills Utilities, Inc. v. Pasco County

536 So. 2d 1117, 1988 WL 137197

District Court of Appeal of Florida | Filed: Dec 21, 1988 | Docket: 1759578

Cited 8 times | Published

regulation by the Florida Public Service Commission. § 367.022, Fla. Stat. (1987). The appellant argues that

City of Mount Dora v. JJ's Mobile Homes, Inc.

579 So. 2d 219, 1991 Fla. App. LEXIS 3766, 1991 WL 61812

District Court of Appeal of Florida | Filed: Apr 25, 1991 | Docket: 1728842

Cited 4 times | Published

authority, service and rates of utilities. Section 367.022(2) provides: 367.022 Exemptions The following

City of Winter Park v. Southern States Utilities, Inc.

540 So. 2d 178, 14 Fla. L. Weekly 700, 1989 Fla. App. LEXIS 1384, 1989 WL 22556

District Court of Appeal of Florida | Filed: Mar 16, 1989 | Docket: 1688989

Cited 3 times | Published

DAUKSCH and DANIEL, JJ., concur. NOTES [1] Section 367.022(2), Florida Statutes, exempts utility systems

Fletcher Properties, Inc. v. FLA. PUB. SERVICE COM'N

356 So. 2d 289

Supreme Court of Florida | Filed: Feb 23, 1978 | Docket: 412002

Cited 3 times | Published

Statutes (1975), and are not exempt under Section 367.022, Florida Statutes (1975). The Commission reasoned

NELSON P. SCHWOB v. JAMES C. GOSS

District Court of Appeal of Florida | Filed: Aug 7, 2019 | Docket: 16025075

Published

"landlord-tenant" exemption under section 367.022(5), Florida Statutes (2014).

City of Ormond Beach v. Mayo

330 So. 2d 524, 1976 Fla. App. LEXIS 15031, 1976 WL 357276

District Court of Appeal of Florida | Filed: Apr 23, 1976 | Docket: 64553390

Published

its rates by virtue of the provisions of F.S. § 367.022(2), but claims that it has standing on its own

Osceola Service Co. v. Bevis

289 So. 2d 712, 1974 Fla. LEXIS 4458

Supreme Court of Florida | Filed: Feb 6, 1974 | Docket: 64537100

Published

“nonprofit” corporation pursuant to Fla.Stat. § 367.022(7), F.S.A., the pertinent part of which reads

City of Hollywood v. Yarborough

274 So. 2d 526, 1973 Fla. LEXIS 4778

Supreme Court of Florida | Filed: Mar 7, 1973 | Docket: 64530960

Published

unlawful because it is in violation of Fla.Stat. § 367.022(2), F. S. A., which provides in pertinent part:

City of Margate v. King

167 So. 2d 852, 1964 WL 117712

Supreme Court of Florida | Filed: Sep 9, 1964 | Docket: 64490816

Published

adequate consideration to the public interest. Section 367.22, Florida Statutes, F.S.A., docs announce a