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The Florida Statutes

The 2023 Florida Statutes (including Special Session C)

Chapter 367
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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.