The Florida Senate

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 wastewater facilities operated by private firms under wastewater facility privatization contracts as defined in s. 153.91;

(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; and

(8)  Any person who resells water or wastewater service at a rate or charge which does not exceed the actual purchase price thereof, if such person files at least annually with the commission a list of charges and rates for all water service sold, the source and actual purchase price thereof, and any other information required by the commission to justify the exemption; but such person is subject to the provisions of s. 367.122.

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

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

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

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

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.