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fees actually paid, without interest, based on the impact fee schedule in effect at the time of original payment, provided the Department has resold such ERUs. Subsequent water use or sewage flow in excess of flows corresponding to customers number of assigned ERUs will be subject to the excess volume surcharge stipulated in section 201.08." is amended to read as follows: "Refund of capacity charges. Any commercial customer whose maximum monthly water use or sewage flow remains below the amount corresponding to the number of ERUs assigned to such customer for a period of twenty-four months and for which capacity charges have been paid, may make application to the Department to reduce the number of ERUs assigned and seek corresponding reimbursement of capacity charges paid, as they are resold by the County. The County may refund capacity charges actually paid, without interest, based on the capacity charge schedule in effect at the time of original payment or at the prevailing rate, whichever is less, provided the Department has resold such ERUs since the capacity charge refund application was made. Subsequent water use or sewage flow in excess of flows corresponding to customer's number of assigned ERUs will be subject to the provisions of this chapter." SECTION 15. Section D. shall be added to Section 201.22, and shall read as follows: "Provisions of this subsection apply to rental residential complexes where tenants are not real property owners. Its primary application is to apartments, recreation vehicle parks and trailer parks where short-term tenancies are the norm. Applicability of this subsection to mobile/manufactured home communities, which generally are based on lifetime homeowner tenancies, is subject to the constraints having been placed upon the laws and ordinances enacted by units of local government by Chapter 723, Florida Statutes. The state legislature's intent and preemption of the subject matter and of state regulation of the complex relationship which exists between manufactured home park owners and tenants are set forth in Sections 723.004(1),(2), and (3), which prohibit any units of local government from enacting any laws or ordinances in conflict with Chapter 723, F.S." SECTION 16. Section 201.33, which reads: "This chapter shall be effective in the entire unincorporated area of Indian River County and in those parts of municipalities in which the county is the provider of water or wastewater utility services." is amended to read as follows: "This chapter shall be effective in the entire unincorporated area of Indian River County and in those parts of municipalities in which the county is the provider of water or wastewater utility services or outside Indian River County if authorized by the County." SECTION 17. Section 201.34.B.(2), which reads: "Discontinuance of service and penalty fees. The County shall have the authority to enforce the provisions of this section by the discontinuance of water service in the event of violation hereof. All water used in violation of JUNE 22, 1999 43 BOOK 109 PAGE GA