Florida Senate - 2012                                    SB 1432
       
       
       
       By Senator Bennett
       
       
       
       
       21-01234A-12                                          20121432__
    1                        A bill to be entitled                      
    2         An act relating to bottled water; creating s. 500.458,
    3         F.S.; requiring the Department of Environmental
    4         Protection to monitor certain consumptive use permits;
    5         imposing a fee on certain water extracted; directing
    6         proceeds to the Water Protection and Sustainability
    7         Program Trust Fund; providing penalties for nonpayment
    8         of fees; directing the department to adopt rules;
    9         providing applicability; providing an effective date.
   10  
   11  Be It Enacted by the Legislature of the State of Florida:
   12  
   13         Section 1. Section 500.458, Florida Statutes, is created to
   14  read:
   15         500.458 Bottled water; extraction monitoring and fee;
   16  fine.—
   17         (1) The Department of Environmental Protection shall
   18  monitor the consumptive use permits for all bottled water
   19  companies to ensure compliance with the limits of allowable
   20  water extraction for natural water and water from an approved
   21  source as defined in s. 500.03. To ensure compliance, water
   22  shall be measured in gallons at the bottling facility.
   23         (2) Bottled water companies shall be assessed a fee of 5
   24  cents per gallon on water extracted for the production of
   25  bottled water, including natural water and water from an
   26  approved source as defined in s. 500.03. Proceeds from the fees
   27  collected shall be deposited into the Water Protection and
   28  Sustainability Program Trust Fund under s. 403.890.
   29         (3) A daily fine not to exceed $500 shall be imposed for
   30  each day a company withholds payment of the fees imposed under
   31  subsection (2).
   32         (4) The department shall adopt rules under ss. 120.536(1)
   33  and 120.54 to implement and enforce the provisions of this
   34  section.
   35         (5) This section does not apply to bottled water companies
   36  extracting less than 55 million gallons per calendar year.
   37         Section 2. This act shall take effect July 1, 2012.