HB 781

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


CODING: Words stricken are deletions; words underlined are additions.