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 |
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11 | Be It Enacted by the Legislature of the State of Florida: |
12 |
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13 | Section 1. Section 500.458, Florida Statutes, is created |
14 | to 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. |