| 1 | A bill to be entitled |
| 2 | An act relating to water vending machines; repealing s. |
| 3 | 500.459, F.S., relating to the regulation of water vending |
| 4 | machines and the permitting of water vending machine |
| 5 | operators; amending s. 500.511, F.S.; deleting provisions |
| 6 | for the deposit of operator permitting fees, the |
| 7 | enforcement of the state's water vending machine |
| 8 | regulations, penalties, and the preemption of county and |
| 9 | municipal water vending machine regulations, to conform; |
| 10 | providing an effective date. |
| 11 |
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| 12 | Be It Enacted by the Legislature of the State of Florida: |
| 13 |
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| 14 | Section 1. Section 500.459, Florida Statutes, is repealed. |
| 15 | Section 2. Section 500.511, Florida Statutes, is amended |
| 16 | to read: |
| 17 | 500.511 Bottled water plants; packed ice plants; Fees; |
| 18 | enforcement; preemption.- |
| 19 | (1) FEES.-All fees collected under s. 500.459 shall be |
| 20 | deposited into the General Inspection Trust Fund and shall be |
| 21 | accounted for separately and used for the sole purpose of |
| 22 | administering the provisions of such section. |
| 23 | (2) ENFORCEMENT AND PENALTIES.-In addition to the |
| 24 | provisions contained in s. 500.459, the department may enforce |
| 25 | s. 500.459 in the manner provided in s. 500.121. Any person who |
| 26 | violates a provision of s. 500.459 or any rule adopted under |
| 27 | such section shall be punished as provided in such section. |
| 28 | However, criminal penalties may not be imposed against any |
| 29 | person who violates a rule. |
| 30 | (3) PREEMPTION OF AUTHORITY TO REGULATE.-Regulation of |
| 31 | bottled water plants, water vending machines, water vending |
| 32 | machine operators, and packaged ice plants is preempted by the |
| 33 | state. No county or municipality may adopt or enforce any |
| 34 | ordinance that regulates the licensure or operation of bottled |
| 35 | water plants, water vending machines, or packaged ice plants, |
| 36 | unless it is determined that unique conditions exist within the |
| 37 | county which require the county to regulate such entities in |
| 38 | order to protect the public health. This subsection does not |
| 39 | prohibit a county or municipality from requiring a business tax |
| 40 | pursuant to chapter 205. |
| 41 | Section 3. This act shall take effect July 1, 2011. |