| 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. |