Florida Senate - 2020                                    SB 1098
       
       
        
       By Senator Cruz
       
       
       
       
       
       18-00782A-20                                          20201098__
    1                        A bill to be entitled                      
    2         An act relating to fees; amending s. 500.458, F.S.;
    3         requiring the Department of Environmental Protection
    4         to charge bottled water companies a specified fee per
    5         gallon extracted; requiring the fees to be deposited
    6         into the Water Protection and Sustainability Program
    7         Trust Fund; providing a contingent effective date.
    8          
    9  Be It Enacted by the Legislature of the State of Florida:
   10  
   11         Section 1. Section 500.458, Florida Statutes, as created in
   12  SB ____, is amended to read:
   13         500.458 Bottled water; extraction monitoring; fee; fine.—
   14         (1) The Department of Environmental Protection shall
   15  monitor the consumptive use permits for all bottled water
   16  companies to ensure compliance with the limits of allowable
   17  water extraction for natural water and water from an approved
   18  source as defined in s. 500.03. To ensure compliance, water
   19  shall be measured in gallons at the bottling facility.
   20         (2) The department shall assess bottled water companies a
   21  fee of 5 cents per gallon on water extracted for the production
   22  of bottled water, including natural water and water from an
   23  approved source as defined in s. 500.03, and shall deposit the
   24  fees into the Water Protection and Sustainability Program Trust
   25  Fund under s. 403.890.
   26         (3)(2) A daily fine not to exceed $500 shall be imposed for
   27  each day a company withholds payment of the fees imposed under
   28  this section.
   29         (4)(3) The department shall adopt rules under ss.
   30  120.536(1) and 120.54 to implement and enforce this section.
   31         (5)(4) This section does not apply to bottled water
   32  companies extracting less than 55 million gallons per calendar
   33  year.
   34         Section 2. This act shall take effect on July 1, 2020, if
   35  SB ____ or similar legislation takes effect, if such legislation
   36  is adopted in the same legislative session or an extension
   37  thereof and becomes a law.