(1) FEES.—All fees collected under s. 500.459 shall be deposited into the General Inspection Trust Fund and shall be accounted for separately and used for the sole purpose of administering the provisions of such section.
(2) ENFORCEMENT AND PENALTIES.—In addition to the provisions contained in s. 500.459, the department may enforce s. 500.459 in the manner provided in s. 500.121. Any person who violates a provision of s. 500.459 or any rule adopted under such section shall be punished as provided in such section. However, criminal penalties may not be imposed against any person who violates a rule.
(3) PREEMPTION OF AUTHORITY TO REGULATE.—Regulation of bottled water plants, water vending machines, water vending machine operators, and packaged ice plants is preempted by the state. No county or municipality may adopt or enforce any ordinance that regulates the licensure or operation of bottled water plants, water vending machines, or packaged ice plants, unless it is determined that unique conditions exist within the county which require the county to regulate such entities in order to protect the public health. This subsection does not prohibit a county or municipality from requiring a business tax pursuant to chapter 205.
History.—s. 33, ch. 94-180; s. 25, ch. 97-220; s. 123, ch. 2007-5.
Structure Florida Statutes
Title XXXIII - Regulation of Trade, Commerce, Investments, and Solicitations
500.01 - Florida Food Safety Act; Short Title.
500.03 - Definitions; Construction; Applicability.
500.032 - Declaration of Policy and Cooperation Among Departments.
500.033 - Florida Food Safety and Food Defense Advisory Council.
500.09 - Rulemaking; Analytical Work.
500.10 - Food Deemed Adulterated.
500.11 - Food Deemed Misbranded.
500.115 - Advertisement of Food Deemed False.
500.12 - Food Permits; Building Permits.
500.121 - Disciplinary Procedures.
500.13 - Addition of Poisonous or Deleterious Substance to Food.
500.147 - Inspection of Food Establishments, Food Records, and Vehicles.
500.148 - Reports and Dissemination of Information; Confidentiality.
500.149 - Employment of Help; Expenses and Salaries.
500.165 - Transporting Shipments of Food Items; Rules; Penalty.
500.166 - Records of Interstate Shipment.
500.167 - Carriers in Interstate Commerce; Exception.
500.169 - Enforcement of Federal Act.
500.171 - Injunction to Restrain Violation.
500.173 - Causes for Seizure and Condemnation of Foods.
500.174 - Seizure; Procedure; Prohibition on Sale or Disposal of Article; Penalty.
500.175 - Condemnation and Sale; Release of Seized Article.
500.177 - Penalty for Violation of S. 500.04; Dissemination of False Advertisement.
500.178 - Duty of State Attorney.
500.179 - Issuance of Warnings for Minor Violations.
500.451 - Horse Meat; Offenses.
500.459 - Water Vending Machines.
500.511 - Fees; Enforcement; Preemption.
500.60 - Regulation of Meat Preempted to State.
500.80 - Cottage Food Operations.
500.81 - Healthy Food Financing Initiative.
500.90 - Regulation of Polystyrene Products Preempted to Department.