Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SB 1634
Barcode 429826
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/11/2011 .
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The Committee on Community Affairs (Bennett) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Section 500.459, Florida Statutes, is amended to
6 read:
7 500.459 Water vending machines.—
8 (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
9 to protect the public health through licensing and establishing
10 standards for water vending machines to ensure that consumers
11 obtaining water through such means are given appropriate
12 information as to the nature of such water and that such
13 consumers are assured that the water meets acceptable standards
14 for human consumption.
15 (2) DEFINITIONS.—
16 (a) “Sanitized” means treated in conformity with 21 C.F.R.
17 s. 110.3 (1996).
18 (b) “Vended water” means water dispensed by means of a
19 water vending machine and is excluded from the definition of
20 Food as defined in 500.03(1)(l).
21 (c) “Water vending machine” means a self-service device
22 that, upon insertion of a coin or token or upon receipt of
23 payment by other means, dispenses a serving of water into a
24 container.
25 (d) “Water vending machine operator” means a person who
26 owns, leases, or manages, or is otherwise responsible for, the
27 operation of a water vending machine.
28 (3) PERMITTING REQUIREMENTS.—
29 (a) Each person or public body that establishes, maintains,
30 or operates any water vending machine in the state must secure
31 an operating permit from the department each year.
32 (b) An application for an operating permit must be made in
33 writing to the department on forms provided by the department
34 and must be accompanied by a fee as provided in subsection (4).
35 The application must state the location of each water vending
36 machine, the source of the water to be vended, the treatment the
37 water will receive prior to being vended, and any other
38 information considered necessary by the department.
39 (4) FEES.—A person seeking an operating permit must pay the
40 department a fee not exceeding $200, which fee shall be set by
41 rule of the department. Such fees shall be deposited in the
42 General Inspection Trust Fund.
43 (3)(5) STATEWIDE MINIMUM OPERATING STANDARDS.—
44 (a) Counties and municipalities may regulate the operation
45 of water vending machines, adopt and enforce such regulations,
46 and take such actions as they see fit to ensure compliance with
47 the following statewide minimum operating standards:
48 A water vending machine operator must obtain a permit prior
49 to operating any water vending machine.
50 1. (b) Each water vending machine must be located indoors
51 or otherwise protected against tampering and vandalism and must
52 be located in an area that can be maintained in a clean
53 condition and in a manner that avoids insect and rodent
54 harborage. The floor upon which the water vending machine is
55 located should be smooth and of cleanable construction.
56 2. (c) The source of water supply must be an approved
57 public water system.
58 3. (d) Each water vending machine must have a backflow
59 prevention device that conforms with the applicable provision of
60 the Florida Building Code and an adequate system for collecting
61 and handling dripping, spillage, and overflow of water.
62 4. (e) All parts and surfaces of a water vending machine
63 with which water comes into contact must be made of nontoxic,
64 corrosion-resistant, nonabsorbent material capable of
65 withstanding repeated cleaning and sanitizing treatments.
66 5. (f) Each water vending machine must be maintained in a
67 clean and sanitary condition, free from rust, dirt, and vermin.
68 6. (g) The vended water must receive treatment and
69 postdisinfection according to approved methods established by
70 rule of the department. Activated carbon, if used, must comply
71 with specifications for granular activated carbon used in water
72 treatment applications as established by rule of the department.
73 7. (h) The vended water may not be described as “purified
74 water” unless the water conforms to the definition of that term.
75 Further, a water vending machine operator must not claim that
76 the vended water has medicinal or health-giving properties and
77 must not describe any vended water as “spring water.”
78 8. (i) The operator shall place on each water vending
79 machine, in a position clearly visible to customers, the
80 following information: the name and address of the operator; the
81 operating permit number, if applicable; the fact that the water
82 is obtained from a public water supply; the method of treatment
83 used; the method of postdisinfection used; and a local or toll
84 free telephone number that may be called for obtaining further
85 information, reporting problems, or making complaints.
86 (6) DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT.—
87 (a) The department has authority to adopt rules pursuant to
88 ss. 120.536(1) and 120.54 to implement the provisions of this
89 section conferring duties upon it.
90 (b) If, considering the source of water and the treatment
91 process provided by the water vending machine, the department
92 finds that the vended water will not meet the primary and
93 secondary drinking water quality standards as provided for in
94 department rules, the permit shall be denied. Specific technical
95 reasons for the denial shall be given by the department.
96 (c) The water from each water vending machine shall be
97 sampled and tested for compliance with the water quality
98 standards established by rule of the department at regular
99 intervals established by rule of the department.
100 (d) The vended water from each water vending machine using
101 silver-impregnated carbon filters in the treatment process shall
102 be sampled for silver at regular intervals established by rule
103 of the department.
104 (e) The department shall order a water vending machine
105 operator to discontinue the operation of any water vending
106 machine the condition of which represents a threat to the life
107 or health of any person, or when the vended water does not meet
108 the standards provided in this section. Such water vending
109 machine must not be returned to use or be used until the
110 department determines that the condition that caused the
111 discontinuance of operation no longer exists.
112 (7) PENALTIES.—
113 (a) The department may deny, suspend, or revoke a permit if
114 it finds that there has been a substantial failure to comply
115 with this section or rules adopted under this section.
116 (b) Any person who operates a water vending machine without
117 first obtaining an operating permit as required by subsection
118 (3), who operates a water vending machine in violation of an
119 order to discontinue operation, or who maintains or operates a
120 water vending machine after revocation of the operating permit
121 is guilty of a misdemeanor of the second degree, punishable as
122 provided in s. 775.082 or s. 775.083.
123 Section 2. Section 500.511, Florida Statutes, is amended to
124 read:
125 500.511 Bottled water plants; packed ice plants; Fees;
126 enforcement; preemption.—
127 (1) FEES.—All fees collected under s. 500.459 shall be
128 deposited into the General Inspection Trust Fund and shall be
129 accounted for separately and used for the sole purpose of
130 administering the provisions of such section.
131 (2) ENFORCEMENT AND PENALTIES.—In addition to the
132 provisions contained in s. 500.459, the department may enforce
133 s. 500.459 in the manner provided in s. 500.121. Any person who
134 violates a provision of s. 500.459 or any rule adopted under
135 such section shall be punished as provided in such section.
136 However, criminal penalties may not be imposed against any
137 person who violates a rule.
138 (3) PREEMPTION OF AUTHORITY TO REGULATE.—Regulation of
139 bottled water plants, water vending machines, water vending
140 machine operators, and packaged ice plants is preempted by the
141 state. No county or municipality may adopt or enforce any
142 ordinance that regulates the licensure or operation of bottled
143 water plants, water vending machines, or packaged ice plants,
144 unless it is determined that unique conditions exist within the
145 county which require the county to regulate such entities in
146 order to protect the public health. This section subsection does
147 not prohibit a county or municipality from requiring a business
148 tax pursuant to chapter 205.
149 Section 3. This act shall take effect July 1, 2011.
150
151
152 ================= T I T L E A M E N D M E N T ================
153 And the title is amended as follows:
154 Delete everything before the enacting clause
155 and insert:
156 A bill to be entitled
157 An act relating to water vending machines; amending s.
158 500.459, F.S., relating to the regulation of water vending
159 machines and the permitting of water vending machine operators;
160 amending s. 500.511, F.S.; deleting provisions for the deposit
161 of operator permitting fees, the enforcement of the state’s
162 water vending machine regulations, penalties, and the preemption
163 of county and municipal water vending machine regulations, to
164 conform; providing an effective date.