Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 494
       
       
       
       
       
       
                                Barcode 265192                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/17/2009           .                                
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       The Committee on Environmental Preservation and Conservation
       (Detert) recommended the following:
       
    1         Senate Substitute for Amendment (879040) (with title
    2  amendment)
    3         
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 373.62, Florida Statutes, is amended to
    7  read:
    8         373.62 Water conservation; automatic sprinkler systems.—
    9         (1) Any person who operates purchases and installs an
   10  automatic irrigation lawn sprinkler system after May 1, 1991,
   11  shall properly install, and must maintain, and operate
   12  technology, a rain sensor device or switch that inhibits or
   13  interrupts operation of will override the landscape irrigation
   14  cycle of the sprinkler system during periods of sufficient
   15  moisture when adequate rainfall has occurred.
   16         (2) A licensed contractor who performs work on an automatic
   17  irrigation system shall test for correct operation of each
   18  device or switch on that system. If such devices or switches are
   19  not installed in the system or are not in proper operating
   20  condition, the contractor shall install new ones or repair the
   21  existing ones and confirm that each device or switch is in
   22  proper operating condition before completing any other work on
   23  the system.
   24         (3) The department shall create a model ordinance by
   25  January 15, 2010, to be adopted and enforced by governments in
   26  order to administer this section. Such ordinance shall, at a
   27  minimum, provide:
   28         (a) Penalties for the operators of automatic sprinkler
   29  systems who do not properly install and maintain the required
   30  devices or switches and penalties for licensed contractors who
   31  do not comply with this section. The minimum penalties shall be
   32  $50 for a first offense, $100 for a second offense, and $250 for
   33  a third or subsequent offense.
   34         (b) Requirements for licensed contractors to report systems
   35  that are not in compliance with this section to the appropriate
   36  authority.
   37         (c) Penalties for licensed contractors who do not comply
   38  with the provisions of this section, which shall be $50 for a
   39  first offense, $100 for a second offense, and $250 for a third
   40  or subsequent offense.
   41  For the purpose of this section, regular maintenance and
   42  replacement of worn or broken technology that interrupts or
   43  inhibits operation of the device or switch is not considered a
   44  violation of this section if such repairs are conducted within a
   45  reasonable time.
   46         (4) Local governments shall adopt the model ordinance no
   47  later than October 1, 2010.
   48         (5) Funds generated by such penalties shall be retained by
   49  the local government to further water-conservation activities.
   50         Section 2. This act shall take effect July 1, 2009.
   51  
   52  ================= T I T L E  A M E N D M E N T ================
   53         And the title is amended as follows:
   54         Delete lines 9 - 10
   55  and insert:
   56  systems; requiring the adoption of model ordinances; providing
   57  penalties