Florida Statute 367.022 | Lawyer Caselaw & Research

The 2024 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

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 Citing Statute 367.022

Total Results: 18

NELSON P. SCHWOB v. JAMES C. GOSS

Court: District Court of Appeal of Florida | Date Filed: 2019-08-07

Snippet: "landlord-tenant" exemption under section 367.022(5), Florida Statutes (2014). 2Although

City of Kissimmee v. DEPT. OF ENVIRONMENTAL REG.

Court: District Court of Appeal of Florida | Date Filed: 2000-03-24

Citation: 753 So. 2d 770, 2000 Fla. App. LEXIS 3529, 2000 WL 300510

Snippet: Florida Statutes (1999), by virtue of subsection 367.022(2), which exempts "systems owned, operated, managed

Southern States Utilities v. Florida Public Service Commission

Court: District Court of Appeal of Florida | Date Filed: 1998-06-10

Citation: 714 So. 2d 1046, 1998 Fla. App. LEXIS 6569

Snippet: wastewater utility and, except as provided in s. 367.022, includes every person, lessee, trustee, or receiver

So. States Util. v. FLA. PUB. SERV. COM'N

Court: District Court of Appeal of Florida | Date Filed: 1998-06-10

Citation: 714 So. 2d 1046

Snippet: wastewater utility and, except as provided in s. 367.022, includes every person, lessee, trustee, or receiver

Charlotte Cty. v. Gen. Develop. Utilities

Court: District Court of Appeal of Florida | Date Filed: 1995-04-13

Citation: 653 So. 2d 1081, 1995 WL 214970

Snippet: wastewater utility and, except as provided in s. 367.022, includes every person, lessee, trustee, or receiver

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

Court: District Court of Appeal of Florida | Date Filed: 1991-04-25

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

Snippet: service and rates of utilities. Section 367.022(2) provides: 367.022 Exemptions The following are not subject

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

Court: District Court of Appeal of Florida | Date Filed: 1989-03-16

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

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

Forest Hills Utilities, Inc. v. Pasco County

Court: District Court of Appeal of Florida | Date Filed: 1988-12-21

Citation: 536 So. 2d 1117, 1988 WL 137197

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

PW Ventures, Inc. v. Nichols

Court: Supreme Court of Florida | Date Filed: 1988-10-27

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

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

Sebring Utilities Com'n v. Home Sav. Ass'n

Court: District Court of Appeal of Florida | Date Filed: 1987-06-05

Citation: 508 So. 2d 26, 1987 WL 1364489

Snippet: Service Commission. See §§ 366.02, 366.11 and 367.022(2), Fla. Stat. (1983). However, as the Supreme

Rosalind Holding Co. v. Orlando Utilities Commission

Court: District Court of Appeal of Florida | Date Filed: 1981-07-22

Citation: 402 So. 2d 1209, 1981 Fla. App. LEXIS 20623, 1981 WL 610480

Snippet: 240 So.2d 643 (Fla. 1970); §§ 366.02, 366.11, 367.022, Fla.Stat. (1979). . Cooper v. Tampa Elec. Co

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

Court: Supreme Court of Florida | Date Filed: 1978-02-23

Citation: 356 So. 2d 289

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

City of Ormond Beach v. Mayo

Court: District Court of Appeal of Florida | Date Filed: 1976-04-23

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

Snippet: 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

Court: Supreme Court of Florida | Date Filed: 1974-02-06

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

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

City of Hollywood v. Yarborough

Court: Supreme Court of Florida | Date Filed: 1973-03-07

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

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

Bentley Brahman Ranch, Inc. v. City National Bank of Miami Beach

Court: District Court of Appeal of Florida | Date Filed: 1967-09-29

Citation: 202 So. 2d 863, 1967 Fla. App. LEXIS 4364

Snippet: plaintiff below a tract of land consisting of 7,367.22 acres at $150 per acre. To effect the purchase

City of Margate v. King

Court: Supreme Court of Florida | Date Filed: 1964-09-09

Citation: 167 So. 2d 852, 1964 WL 117712

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

Village of North Palm Beach v. Mason

Court: Supreme Court of Florida | Date Filed: 1964-06-17

Citation: 167 So. 2d 721, 1964 WL 109567

Snippet: apparently seriously contend that F.S. Sections 367.22 and 367.18, F.S.A., require a ruling that Chapter