Florida Senate - 2009                CS for CS for CS for SB 494
       
       
       
       By the Committees on General Government Appropriations;
       Community Affairs; and Environmental Preservation and
       Conservation; and Senator Bennett
       
       
       601-05034-09                                           2009494c3
    1                        A bill to be entitled                      
    2         An act relating to water conservation; amending s.
    3         373.62, F.S.; revising the requirements for automatic
    4         landscape irrigation systems; requiring irrigation
    5         contractors to test for the correct operation of
    6         system devices or switches and ensure their proper
    7         operation before completing other work on the system;
    8         requiring the Department of Environmental Protection
    9         to create a model ordinance that may be adopted by
   10         local governments; providing penalties; providing for
   11         the disposition of funds raised through penalties
   12         imposed; authorizing local governments to approve
   13         smart irrigation controllers; providing legislative
   14         findings relating to the adoption of soil moisture
   15         sensor control irrigation systems; defining terms;
   16         providing a statewide process and conditions for
   17         obtaining a variance from water management district
   18         restrictions on water use; creating s. 403.9335, F.S.;
   19         providing a short title; creating s. 403.9336, F.S.;
   20         providing legislative findings; creating s. 403.9337,
   21         F.S.; encouraging county and municipal governments to
   22         adopt and enforce the Model Ordinance for Florida
   23         Friendly Fertilizer Use on Urban Landscapes or an
   24         equivalent requirement as a mechanism for protecting
   25         local surface water and groundwater quality; requiring
   26         a county government or municipal government located
   27         within the watershed of a water body or water segment
   28         that is listed by the Department of Environmental
   29         Protection as impaired to adopt the model ordinance;
   30         providing that additional or more stringent provisions
   31         may be adopted under certain circumstances; providing
   32         a timeframe for adopting the model ordinance;
   33         providing exceptions; creating s. 403.9338, F.S.;
   34         requiring the department to establish and approve
   35         training and testing programs providing urban
   36         landscape best-management practices; providing that
   37         such training authorizes a person to apply for a
   38         limited certification for urban landscape commercial
   39         fertilizer application issued by the Department of
   40         Agriculture and Consumer Services; providing that a
   41         person having such certification is not subject to
   42         additional local testing; amending s. 482.021, F.S.;
   43         defining the terms “commercial fertilizer application”
   44         and “urban landscape”; creating s. 482.1562, F.S.;
   45         providing for limited certification for urban
   46         landscape commercial fertilizer application provided
   47         by the Department of Agriculture and Consumer
   48         Services; requiring such certification in order to
   49         commercially apply fertilizer, beginning on a certain
   50         date; providing requirements and fees; providing for
   51         expiration and renewal; authorizing the department to
   52         provide information concerning persons who are
   53         certified; providing for exceptions to the
   54         requirements of certification; authorizing the
   55         department to adopt rules; providing an effective
   56         date.
   57  
   58  Be It Enacted by the Legislature of the State of Florida:
   59  
   60         Section 1. Section 373.62, Florida Statutes, is amended to
   61  read:
   62         373.62 Water conservation; automatic sprinkler systems.—
   63         (1) Any person who purchases and installs an automatic
   64  landscape irrigation system must properly lawn sprinkler system
   65  after May 1, 1991, shall install, and must maintain, and operate
   66  technology, a rain sensor device or switch that inhibits or
   67  interrupts operation of will override the irrigation cycle of
   68  the sprinkler system during periods of sufficient moisture when
   69  adequate rainfall has occurred.
   70         (2)A licensed contractor who installs or performs work on
   71  an automatic landscape irrigation system must test for the
   72  correct operation of each inhibiting or interrupting device or
   73  switch on that system. If such devices or switches are not
   74  installed in the system or are not in proper operating
   75  condition, the contractor must install new ones or repair the
   76  existing ones and confirm that each device or switch is in
   77  proper operating condition before completing other work on the
   78  system.
   79         (3)The department shall create a model ordinance by
   80  January 15, 2010, that may be adopted and enforced by local
   81  governments. The ordinance must, at a minimum:
   82         (a)Require licensed contractors to report automatic
   83  landscape irrigation systems that are not in compliance with
   84  this section to the appropriate authority.
   85         (b)Provide penalties for licensed contractors who do not
   86  comply with this section. The minimum penalty must be $50 for a
   87  first offense, $100 for a second offense, and $250 for a third
   88  or subsequent offense.
   89  
   90  Regular maintenance and replacement of worn or broken technology
   91  which interrupts or inhibits the operation of an automatic
   92  landscape irrigation system is not a violation of this section
   93  if such repairs are conducted within a reasonable time.
   94         (4)Local governments may adopt the model ordinance by
   95  October 1, 2010. Local governments that impose requirements that
   96  are more stringent than the model ordinance are exempt from
   97  adopting the ordinance.
   98         (5)Funds generated by penalties imposed under the
   99  ordinance shall be used by the local government for the
  100  administration and enforcement of this section and to further
  101  water-conservation activities.
  102         (6)For purposes of this section, a licensed contractor
  103  includes an individual who holds a specific irrigation
  104  contractor’s license issued by a county.
  105         (7)(a) The Legislature recognizes that lawn and landscape
  106  irrigation systems use a substantial amount of the state’s
  107  potable water. The Legislature finds that smart irrigation
  108  systems that use soil moisture sensors with remote monitoring
  109  and adjustment capabilities, if properly installed and
  110  monitored, provide more efficient irrigation and save
  111  substantially more water than conventional time-controlled
  112  irrigation systems. This is because smart irrigation systems
  113  apply water to lawns and plants only as necessary to maintain
  114  required soil moisture, thus minimizing the overwatering or
  115  unnecessary watering that occurs with conventional irrigation
  116  systems. However, in order for this technology to optimize the
  117  efficient application of water it cannot be subject to day or
  118  days-of-the-week watering restrictions. The Legislature,
  119  therefore, recognizes that enacting a statewide process to
  120  provide an exemption from local water restriction ordinances
  121  will accelerate the adoption of this water saving technology.
  122  Further, a uniform exemption process will streamline variance
  123  procedures and minimize delay in implementing such technology.
  124  The longer it takes to approve soil moisture sensor control
  125  systems, the more potable water is wasted. A uniform variance
  126  process will allow state residents to maintain their property
  127  and protect water resources while enjoying their landscapes.
  128         (b)For purposes of this subsection, the term:
  129         1.“Monitoring entity” means a local government, community
  130  development district created pursuant to chapter 190, a
  131  homeowners’ association created pursuant to chapter 720, a
  132  condominium association created pursuant to chapter 718, a
  133  cooperative created pursuant to chapter 719, or a public or
  134  private utility.
  135         2.“Soil moisture sensor” means a soil-based device that
  136  assesses the available plant soil moisture in order to minimize
  137  the unnecessary use of water and optimize the effectiveness of
  138  an irrigation system.
  139         3.“Soil moisture sensor control system” is the collective
  140  term for an entire soil moisture sensor system that has remote
  141  monitoring and adjustment capability.
  142         (c)A variance from day or days-of-the-week watering
  143  restrictions shall be granted by the applicable water management
  144  district for any residential, commercial, or recreational user
  145  within a monitoring entity’s jurisdiction having a soil moisture
  146  sensor control system if the monitoring entity certifies that:
  147         1.Each soil moisture sensor control system installed
  148  within its jurisdiction will have multiple soil sensors that
  149  conform to different soil types and slopes in order to optimize
  150  water use for each user, adjust irrigation schedules based on
  151  soil moisture requirements, and be installed by a licensed
  152  contractor in a manner that is consistent with the Field Guide
  153  to Soil Moisture Sensor Use in Florida by the University of
  154  Florida IFAS Extension Program for Resource Efficient
  155  Communities.
  156         2.It has the ability to monitor the status of each
  157  individual user’s system and to remotely modify the system
  158  settings for irrigation cycles and run times.
  159         3.It will electronically post and update a list of active
  160  users of soil moisture sensor control systems within its
  161  jurisdiction on a monthly basis and provide Internet access to
  162  such listing and the monitoring database to the water management
  163  district and the local government.
  164         4.It shall provide notice to a user of noncompliant
  165  activity within 48 hours after such activity and, if the user
  166  does not take corrective action within 48 hours after such
  167  notice, it will remove the posted notice required in
  168  subparagraph 5. and remove the user from the active users list
  169  required by subparagraph 3.
  170         5.It shall post a notice at each parcel that has installed
  171  a compliant soil moisture sensor control system in plain view
  172  from the nearest roadway stating: “Irrigating with Smart
  173  Irrigation Controller,” with the address of the parcel, and
  174  shall remove the notice if the user is no longer being monitored
  175  by the monitoring entity.
  176         (d)Upon installation of a soil moisture sensor control
  177  system, the licensed contractor shall certify to the monitoring
  178  entity that subparagraphs (c)1. and 2. have been met.
  179         1.The monitoring entity shall post the notice required by
  180  subparagraph (c)5. on the user’s property and update the
  181  Internet listing of users of active soil moisture sensor control
  182  systems to include the new user.
  183         2.On an annual basis a professional engineer licensed
  184  under chapter 471 or a professional landscape architect licensed
  185  under chapter 481 shall perform an annual maintenance review of
  186  all soil moisture sensor control systems within the monitoring
  187  entity’s jurisdiction and certify to the monitoring entity which
  188  systems are properly operating and in compliance with paragraph
  189  (c). The monitoring entity shall update its Internet listing of
  190  users of active soil moisture sensor control systems based on
  191  the certification.
  192         (e)Failure by the monitoring entity to ensure continual
  193  compliance with the condition of this variance shall be cause
  194  for the appropriate water management district to revoke the
  195  variance upon proper notice to the monitoring entity.
  196         (f)The variance provided in this subsection applies to day
  197  or days-of-the-week watering restrictions of the water
  198  management district as preempted by s. 373.217. All other
  199  applicable local government and water management district
  200  restrictions related to irrigation, including, but not limited
  201  to, a prohibition on irrigation and time-of-day watering
  202  requirements and water shortage or emergency orders issued
  203  pursuant to s. 373.246(2) and (7), remain applicable to the soil
  204  moisture sensor control system users within a monitoring
  205  entity’s jurisdiction.
  206         (g)This subsection does not require a property owner to
  207  install a soil moisture sensor control system.
  208         Section 2. Section 403.9335, Florida Statutes, is created
  209  to read:
  210         403.9335Short title.—Sections 403.9335-403.9338 may be
  211  cited as the “Protection of Urban and Residential Environments
  212  and Water Act.”
  213         Section 3. Section 403.9336, Florida Statutes, is created
  214  to read:
  215         403.9336Legislative findings.—The Legislature finds that
  216  the implementation of the Model Ordinance for Florida-Friendly
  217  Fertilizer Use on Urban Landscapes (2008), which was developed
  218  by the department in conjunction with the Florida Consumer
  219  Fertilizer Task Force, the Department of Agriculture and
  220  Consumer Services, and the University of Florida Institute of
  221  Food and Agricultural Sciences, will assist in protecting the
  222  quality of Florida’s surface water and groundwater resources.
  223  The Legislature further finds that local conditions, including
  224  variations in the types and quality of water bodies, site
  225  specific soils and geology, and urban or rural densities and
  226  characteristics, necessitate the implementation of additional or
  227  more stringent fertilizer-management practices at the local
  228  government level.
  229         Section 4. Section 403.9337, Florida Statutes, is created
  230  to read:
  231         403.9337Model Ordinance for Florida-Friendly Fertilizer
  232  Use on Urban Landscapes.—
  233         (1)All county and municipal governments are encouraged to
  234  adopt and enforce the Model Ordinance for Florida-Friendly
  235  Fertilizer Use on Urban Landscapes or an equivalent requirement
  236  as a mechanism for protecting local surface and groundwater
  237  quality.
  238         (2)Each county and municipal government located within the
  239  watershed of a water body or water segment that is listed as
  240  impaired by nutrients pursuant to s. 403.067, shall, at a
  241  minimum, adopt the department’s Model Ordinance for Florida
  242  Friendly Fertilizer Use on Urban Landscapes. A local government
  243  may adopt additional or more stringent standards than the model
  244  ordinance if the following criteria are met:
  245         (a)The local government has demonstrated, as part of a
  246  comprehensive program to address nonpoint sources of nutrient
  247  pollution which is science-based, and economically and
  248  technically feasible, that additional or more stringent
  249  standards than the model ordinance are necessary in order to
  250  adequately address urban fertilizer contributions to nonpoint
  251  source nutrient loading to a water body.
  252         (b)The local government documents that it has considered
  253  all relevant scientific information, including input from the
  254  department, the institute, the Department of Agriculture and
  255  Consumer Services, and the University of Florida Institute of
  256  Food and Agricultural Sciences, if provided, on the need for
  257  additional or more stringent provisions to address fertilizer
  258  use as a contributor to water quality degradation. All
  259  documentation must become part of the public record before
  260  adoption of the additional or more stringent criteria.
  261         (3)Any county or municipal government that adopted its own
  262  fertilizer-use ordinance before January 1, 2009, is exempt from
  263  this section. Ordinances adopted or amended on or after January
  264  1, 2009, must substantively conform to the most recent version
  265  of the model fertilizer ordinance and are subject to subsections
  266  (1) and (2), as applicable.
  267         (4)This section does not apply to the use of fertilizer on
  268  farm operations as defined in s. 823.14 or on lands classified
  269  as agricultural lands pursuant to s. 193.461.
  270         Section 5. Section 403.9338, Florida Statutes, is created
  271  to read:
  272         403.9338Training.—
  273         (1)The department, in cooperation with the Institute of
  274  Food and Agricultural Sciences, shall:
  275         (a)Provide training and testing programs in urban
  276  landscape best-management practices and may issue certificates
  277  demonstrating satisfactory completion of the training.
  278         (b)Approve training and testing programs that are
  279  equivalent to or more comprehensive than the training provided
  280  by the department under paragraph (a). Such programs must be
  281  reviewed and reapproved by the department if significant changes
  282  are made. Currently approved programs must be reapproved by July
  283  1, 2010.
  284         (2)After receiving a certificate demonstrating successful
  285  completion of a department or department-approved training
  286  program under this section, a person may apply to the Department
  287  of Agriculture and Consumer Services to receive a limited
  288  certification for urban landscape commercial fertilizer
  289  application under s. 482.1562. A person possessing such
  290  certification is not subject to additional local testing.
  291         Section 6. Present subsections (6) through (27) of section
  292  482.021, Florida Statutes, are renumbered as subsections (7)
  293  through (28), respectively, present subsection (28) is
  294  renumbered as subsection (30), and new subsections (6) and (29)
  295  are added to that section, to read:
  296         482.021 Definitions.—For the purposes of this chapter, and
  297  unless otherwise required by the context, the term:
  298         (6)“Commercial fertilizer application” means the
  299  application of fertilizer for payment or other consideration to
  300  property not owned by the person or firm applying the fertilizer
  301  or the employer of the applicator.
  302         (29)“Urban landscape” means pervious areas on residential,
  303  commercial, industrial, institutional, highway rights-of-way, or
  304  other nonagricultural lands that are planted with turf or
  305  horticultural plants. For the purposes of this section
  306  agriculture has the same meaning as in s. 570.02.
  307         Section 7. Section 482.1562, Florida Statutes, is created
  308  to read:
  309         482.1562Limited certification for urban landscape
  310  commercial fertilizer application.—
  311         (1)To provide a means of documenting and ensuring
  312  compliance with best-management practices for commercial
  313  fertilizer application to urban landscapes, the department shall
  314  establish a limited certification for urban landscape commercial
  315  fertilizer application.
  316         (2) Beginning January 1, 2014, any person applying
  317  commercial fertilizer to an urban landscape must be certified
  318  under this section.
  319         (3)To obtain a limited certification for urban landscape
  320  commercial fertilizer application, an applicant must submit to
  321  the department:
  322         (a)A copy of the training certificate issued pursuant to
  323  s. 403.9338.
  324         (b)A certification fee set by the department in an amount
  325  of at least $25 but not more than $75. Until the fee is set by
  326  rule, the fee for certification is $25.
  327         (4)A limited certification for urban landscape commercial
  328  fertilizer application issued under this section expires 4 years
  329  after the date of issuance. Before applying for recertification
  330  under subsection (5), the applicant must complete 4 classroom
  331  hours of acceptable continuing education, of which at least 2
  332  hours address fertilizer best-management practices.
  333         (5)An application for recertification must be made at
  334  least 90 days before the expiration of the current certificate
  335  and be accompanied by:
  336         (a)Proof of having completed the 4 classroom hours of
  337  acceptable continuing education required under subsection (4).
  338         (b)A recertification fee set by the department in an
  339  amount of at least $25 but not more than $75. Until the fee is
  340  set by rule, the fee for certification is $25.
  341         (6)A late renewal charge of $50 per month shall be
  342  assessed 30 days after the date the application for
  343  recertification is due and must be paid in addition to the
  344  renewal fee. Unless timely recertified, a certificate
  345  automatically expires 90 days after the recertification date.
  346  Upon expiration, a certificate may be issued only upon
  347  reapplying in accordance with section (3).
  348         (7)Certification under this section does not authorize:
  349         (a)The application of pesticides to turf or ornamentals,
  350  including pesticide fertilizer mixtures;
  351         (b)The operation of a pest control business; or
  352         (c)The application of pesticides or fertilizers by
  353  unlicensed or uncertified personnel under the supervision of the
  354  certified person.
  355         (8)The department may provide information concerning the
  356  certification status of persons certified under this section to
  357  other local and state governmental agencies. The department is
  358  encouraged to create an online data base that lists all persons
  359  certified under this section.
  360         (9)Yard workers who apply fertilizer only to individual
  361  residential properties using fertilizer and equipment provided
  362  by the residential property owner or resident are exempt from
  363  the requirements of this section.
  364         (10)The department may adopt rules to administer this
  365  section.
  366         Section 8. This act shall take effect July 1, 2009.