Bill Text: FL H4021 | 2011 | Regular Session | Introduced

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Bill Title: Water Vending Machines

Sponsorship: Partisan Bill (Republican 1)

Status: (Engrossed - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H4021 Detail]

Download: Florida-2011-H4021-Introduced.html

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HB 4021

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
12	Be It Enacted by the Legislature of the State of Florida:
13
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  Section 500.459, Florida Statutes, is repealed.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.

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