Bill Text: FL S1634 | 2011 | Regular Session | Comm Sub

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Bill Title: Water Vending Machines

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [S1634 Detail]

Download: Florida-2011-S1634-Comm_Sub.html

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       Florida Senate - 2011                             CS for SB 1634
       
       
       
       By the Committee on Community Affairs; and Senator Lynn
       
       
       
       
       578-04256-11                                          20111634c1
    1                        A bill to be entitled                      
    2         An act relating to water vending machines; amending s.
    3         500.459, F.S., relating to the regulation of water
    4         vending machines and the permitting of water vending
    5         machine operators; deleting provisions requiring the
    6         permitting of water vending machines by the Department
    7         of Agriculture and Consumer Services; authorizing
    8         counties and municipalities to regulate the operation
    9         of water vending machines; amending s. 500.511, F.S.;
   10         deleting provisions for the deposit of operator
   11         permitting fees, the enforcement of the state’s water
   12         vending machine regulations, penalties, and the
   13         preemption of county and municipal water vending
   14         machine regulations, to conform; providing an
   15         effective date.
   16  
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 500.459, Florida Statutes, is amended to
   20  read:
   21         500.459 Water vending machines.—
   22         (1) LEGISLATIVE INTENT.—It is the intent of the Legislature
   23  to protect the public health through licensing and establishing
   24  standards for water vending machines to ensure that consumers
   25  obtaining water through such means are given appropriate
   26  information as to the nature of such water and that such
   27  consumers are assured that the water meets acceptable standards
   28  for human consumption.
   29         (2) DEFINITIONS.—
   30         (a) “Sanitized” means treated in conformity with 21 C.F.R.
   31  s. 110.3 (1996).
   32         (b) “Vended water” means water dispensed by means of a
   33  water vending machine and is excluded from the definition of
   34  food as defined in s. 500.03(1)(l).
   35         (c) “Water vending machine” means a self-service device
   36  that, upon insertion of a coin or token or upon receipt of
   37  payment by other means, dispenses a serving of water into a
   38  container.
   39         (d) “Water vending machine operator” means a person who
   40  owns, leases, or manages, or is otherwise responsible for, the
   41  operation of a water vending machine.
   42         (3) PERMITTING REQUIREMENTS.—
   43         (a) Each person or public body that establishes, maintains,
   44  or operates any water vending machine in the state must secure
   45  an operating permit from the department each year.
   46         (b) An application for an operating permit must be made in
   47  writing to the department on forms provided by the department
   48  and must be accompanied by a fee as provided in subsection (4).
   49  The application must state the location of each water vending
   50  machine, the source of the water to be vended, the treatment the
   51  water will receive prior to being vended, and any other
   52  information considered necessary by the department.
   53         (4) FEES.—A person seeking an operating permit must pay the
   54  department a fee not exceeding $200, which fee shall be set by
   55  rule of the department. Such fees shall be deposited in the
   56  General Inspection Trust Fund.
   57         (3)(5) STATEWIDE MINIMUM OPERATING STANDARDS.—Counties and
   58  municipalities may regulate the operation of water vending
   59  machines, adopt and enforce such regulations, and take such
   60  actions as they see fit to ensure compliance with the following
   61  statewide minimum operating standards:
   62         (a) A water vending machine operator must obtain a permit
   63  prior to operating any water vending machine.
   64         (a)(b) Each water vending machine must be located indoors
   65  or otherwise protected against tampering and vandalism and must
   66  be located in an area that can be maintained in a clean
   67  condition and in a manner that avoids insect and rodent
   68  harborage. The floor upon which the water vending machine is
   69  located should be smooth and of cleanable construction.
   70         (b)(c) The source of water supply must be an approved
   71  public water system.
   72         (c)(d) Each water vending machine must have a backflow
   73  prevention device that conforms with the applicable provision of
   74  the Florida Building Code and an adequate system for collecting
   75  and handling dripping, spillage, and overflow of water.
   76         (d)(e) All parts and surfaces of a water vending machine
   77  with which water comes into contact must be made of nontoxic,
   78  corrosion-resistant, nonabsorbent material capable of
   79  withstanding repeated cleaning and sanitizing treatments.
   80         (e)(f) Each water vending machine must be maintained in a
   81  clean and sanitary condition, free from rust, dirt, and vermin.
   82         (f)(g) The vended water must receive treatment and
   83  postdisinfection according to approved methods established by
   84  rule of the department. Activated carbon, if used, must comply
   85  with specifications for granular activated carbon used in water
   86  treatment applications as established by rule of the department.
   87         (g)(h) The vended water may not be described as “purified
   88  water” unless the water conforms to the definition of that term.
   89  Further, a water vending machine operator must not claim that
   90  the vended water has medicinal or health-giving properties and
   91  must not describe any vended water as “spring water.”
   92         (h)(i) The operator shall place on each water vending
   93  machine, in a position clearly visible to customers, the
   94  following information: the name and address of the operator; the
   95  operating permit number, if applicable; the fact that the water
   96  is obtained from a public water supply; the method of treatment
   97  used; the method of postdisinfection used; and a local or toll
   98  free telephone number that may be called for obtaining further
   99  information, reporting problems, or making complaints.
  100         (6) DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT.—
  101         (a) The department has authority to adopt rules pursuant to
  102  ss. 120.536(1) and 120.54 to implement the provisions of this
  103  section conferring duties upon it.
  104         (b) If, considering the source of water and the treatment
  105  process provided by the water vending machine, the department
  106  finds that the vended water will not meet the primary and
  107  secondary drinking water quality standards as provided for in
  108  department rules, the permit shall be denied. Specific technical
  109  reasons for the denial shall be given by the department.
  110         (c) The water from each water vending machine shall be
  111  sampled and tested for compliance with the water quality
  112  standards established by rule of the department at regular
  113  intervals established by rule of the department.
  114         (d) The vended water from each water vending machine using
  115  silver-impregnated carbon filters in the treatment process shall
  116  be sampled for silver at regular intervals established by rule
  117  of the department.
  118         (e) The department shall order a water vending machine
  119  operator to discontinue the operation of any water vending
  120  machine the condition of which represents a threat to the life
  121  or health of any person, or when the vended water does not meet
  122  the standards provided in this section. Such water vending
  123  machine must not be returned to use or be used until the
  124  department determines that the condition that caused the
  125  discontinuance of operation no longer exists.
  126         (7) PENALTIES.—
  127         (a) The department may deny, suspend, or revoke a permit if
  128  it finds that there has been a substantial failure to comply
  129  with this section or rules adopted under this section.
  130         (b) Any person who operates a water vending machine without
  131  first obtaining an operating permit as required by subsection
  132  (3), who operates a water vending machine in violation of an
  133  order to discontinue operation, or who maintains or operates a
  134  water vending machine after revocation of the operating permit
  135  is guilty of a misdemeanor of the second degree, punishable as
  136  provided in s. 775.082 or s. 775.083.
  137         Section 2. Section 500.511, Florida Statutes, is amended to
  138  read:
  139         500.511 Bottled water plants; packaged ice plants Fees;
  140  enforcement; preemption.—
  141         (1) FEES.—All fees collected under s. 500.459 shall be
  142  deposited into the General Inspection Trust Fund and shall be
  143  accounted for separately and used for the sole purpose of
  144  administering the provisions of such section.
  145         (2) ENFORCEMENT AND PENALTIES.—In addition to the
  146  provisions contained in s. 500.459, the department may enforce
  147  s. 500.459 in the manner provided in s. 500.121. Any person who
  148  violates a provision of s. 500.459 or any rule adopted under
  149  such section shall be punished as provided in such section.
  150  However, criminal penalties may not be imposed against any
  151  person who violates a rule.
  152         (3) PREEMPTION OF AUTHORITY TO REGULATE.—Regulation of
  153  bottled water plants, water vending machines, water vending
  154  machine operators, and packaged ice plants is preempted by the
  155  state. No county or municipality may adopt or enforce any
  156  ordinance that regulates the licensure or operation of bottled
  157  water plants, water vending machines, or packaged ice plants,
  158  unless it is determined that unique conditions exist within the
  159  county which require the county to regulate such entities in
  160  order to protect the public health. This section subsection does
  161  not prohibit a county or municipality from requiring a business
  162  tax pursuant to chapter 205.
  163         Section 3. This act shall take effect July 1, 2011.