Florida Senate - 2011                                    SB 1634
       
       
       
       By Senator Lynn
       
       
       
       
       7-01474A-11                                           20111634__
    1                        A bill to be entitled                      
    2         An act relating to water vending machines; repealing
    3         s. 500.459, F.S., relating to the regulation of water
    4         vending machines and the permitting of water vending
    5         machine operators; amending s. 500.511, F.S.; deleting
    6         provisions for the deposit of operator permitting
    7         fees, the enforcement of the state’s water vending
    8         machine regulations, penalties, and the preemption of
    9         county and municipal water vending machine
   10         regulations, to conform; providing an effective date.
   11  
   12  Be It Enacted by the Legislature of the State of Florida:
   13  
   14         Section 1. Section 500.459, Florida Statutes, is repealed.
   15         Section 2. Section 500.511, Florida Statutes, is amended to
   16  read:
   17         500.511 Bottled water plants; packed ice plants; Fees;
   18  enforcement; preemption.—
   19         (1) FEES.—All fees collected under s. 500.459 shall be
   20  deposited into the General Inspection Trust Fund and shall be
   21  accounted for separately and used for the sole purpose of
   22  administering the provisions of such section.
   23         (2) ENFORCEMENT AND PENALTIES.—In addition to the
   24  provisions contained in s. 500.459, the department may enforce
   25  s. 500.459 in the manner provided in s. 500.121. Any person who
   26  violates a provision of s. 500.459 or any rule adopted under
   27  such section shall be punished as provided in such section.
   28  However, criminal penalties may not be imposed against any
   29  person who violates a rule.
   30         (3) PREEMPTION OF AUTHORITY TO REGULATE.—Regulation of
   31  bottled water plants, water vending machines, water vending
   32  machine operators, and packaged ice plants is preempted by the
   33  state. No county or municipality may adopt or enforce any
   34  ordinance that regulates the licensure or operation of bottled
   35  water plants, water vending machines, or packaged ice plants,
   36  unless it is determined that unique conditions exist within the
   37  county which require the county to regulate such entities in
   38  order to protect the public health. This section subsection does
   39  not prohibit a county or municipality from requiring a business
   40  tax pursuant to chapter 205.
   41         Section 3. This act shall take effect July 1, 2011.