ENROLLED
       2009 Legislature      CS for CS for CS for SB 494, 1st Engrossed
       
       
       
       
       
       
                                                              2009494er
    1  
    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, which shall include the maximum soil set point for
  144  different soil types within the monitoring entity’s
  145  jurisdiction, shall be granted by the applicable water
  146  management district for any residential, commercial, or
  147  recreational user within a monitoring entity’s jurisdiction
  148  having a soil moisture sensor control system if the monitoring
  149  entity certifies that:
  150         1. Each soil moisture sensor control system installed
  151  within its jurisdiction will have multiple soil sensors that
  152  conform to different soil types and slopes in order to optimize
  153  water use for each user, adjust irrigation schedules based on
  154  soil moisture requirements, and be installed by a licensed
  155  contractor in a manner that is consistent with the Field Guide
  156  to Soil Moisture Sensor Use in Florida by the University of
  157  Florida IFAS Extension Program for Resource Efficient
  158  Communities.
  159         2. It has the ability to monitor the status of each
  160  individual user’s system and to remotely modify the system
  161  settings for irrigation cycles and run times.
  162         3. It will electronically post and update a list of active
  163  users of soil moisture sensor control systems within its
  164  jurisdiction on a monthly basis and provide Internet access to
  165  such listing and the monitoring database to the water management
  166  district and the local government.
  167         4. It shall provide notice to a user of noncompliant
  168  activity within 48 hours after such activity and, if the user
  169  does not take corrective action within 48 hours after such
  170  notice, it will remove the posted notice required in
  171  subparagraph 5. and remove the user from the active users list
  172  required by subparagraph 3.
  173         5. It shall post a notice at each parcel that has installed
  174  a compliant soil moisture sensor control system in plain view
  175  from the nearest roadway stating: “Irrigating with Smart
  176  Irrigation Controller,” with the address of the parcel, and
  177  shall remove the notice if the user is no longer being monitored
  178  by the monitoring entity.
  179         (d) Upon installation of a soil moisture sensor control
  180  system, the licensed contractor shall certify to the monitoring
  181  entity that subparagraphs (c)1. and (c)2. have been met.
  182         1. The monitoring entity shall post the notice required by
  183  subparagraph (c)5. on the user’s property and update the
  184  Internet listing of users of active soil moisture sensor control
  185  systems to include the new user.
  186         2. On an annual basis a professional engineer licensed
  187  under chapter 471 or a professional landscape architect licensed
  188  under chapter 481 shall perform an annual maintenance review of
  189  all soil moisture sensor control systems within the monitoring
  190  entity’s jurisdiction and certify to the monitoring entity which
  191  systems are properly operating and in compliance with paragraph
  192  (c). The monitoring entity shall update its Internet listing of
  193  users of active soil moisture sensor control systems based on
  194  the certification.
  195         (e) Failure by the monitoring entity to ensure continual
  196  compliance with the condition of this variance shall be cause
  197  for the appropriate water management district to revoke the
  198  variance upon proper notice to the monitoring entity.
  199         (f) The variance provided in this subsection applies to day
  200  or days-of-the-week watering restrictions of the water
  201  management district as preempted by s. 373.217. All other
  202  applicable local government and water management district
  203  restrictions related to irrigation, including, but not limited
  204  to, a prohibition on irrigation and time-of-day watering
  205  requirements and water shortage or emergency orders issued
  206  pursuant to s. 373.246(2) and (7), remain applicable to the soil
  207  moisture sensor control system users within a monitoring
  208  entity’s jurisdiction.
  209         (g) This subsection does not require a property owner to
  210  install a soil moisture sensor control system. This subsection
  211  also does not prohibit a property owner from installing soil
  212  moisture sensors and seeking an individual variance from the
  213  applicable water management district even if such property is
  214  located within the jurisdiction of a monitoring entity that has
  215  been granted a variance pursuant to paragraph (c).
  216         Section 2. Section 403.9335, Florida Statutes, is created
  217  to read:
  218         403.9335Short title.—Sections 403.9335-403.9338 may be
  219  cited as the “Protection of Urban and Residential Environments
  220  and Water Act.”
  221         Section 3. Section 403.9336, Florida Statutes, is created
  222  to read:
  223         403.9336Legislative findings.—The Legislature finds that
  224  the implementation of the Model Ordinance for Florida-Friendly
  225  Fertilizer Use on Urban Landscapes (2008), which was developed
  226  by the department in conjunction with the Florida Consumer
  227  Fertilizer Task Force, the Department of Agriculture and
  228  Consumer Services, and the University of Florida Institute of
  229  Food and Agricultural Sciences, will assist in protecting the
  230  quality of Florida’s surface water and groundwater resources.
  231  The Legislature further finds that local conditions, including
  232  variations in the types and quality of water bodies, site
  233  specific soils and geology, and urban or rural densities and
  234  characteristics, may necessitate the implementation of
  235  additional or more stringent fertilizer-management practices at
  236  the local government level.
  237         Section 4. Section 403.9337, Florida Statutes, is created
  238  to read:
  239         403.9337Model Ordinance for Florida-Friendly Fertilizer
  240  Use on Urban Landscapes.—
  241         (1)All county and municipal governments are encouraged to
  242  adopt and enforce the Model Ordinance for Florida-Friendly
  243  Fertilizer Use on Urban Landscapes or an equivalent requirement
  244  as a mechanism for protecting local surface and groundwater
  245  quality.
  246         (2)Each county and municipal government located within the
  247  watershed of a water body or water segment that is listed as
  248  impaired by nutrients pursuant to s. 403.067, shall, at a
  249  minimum, adopt the department’s Model Ordinance for Florida
  250  Friendly Fertilizer Use on Urban Landscapes. A local government
  251  may adopt additional or more stringent standards than the model
  252  ordinance if the following criteria are met:
  253         (a)The local government has demonstrated, as part of a
  254  comprehensive program to address nonpoint sources of nutrient
  255  pollution which is science-based, and economically and
  256  technically feasible, that additional or more stringent
  257  standards than the model ordinance are necessary in order to
  258  adequately address urban fertilizer contributions to nonpoint
  259  source nutrient loading to a water body.
  260         (b)The local government documents that it has considered
  261  all relevant scientific information, including input from the
  262  department, the institute, the Department of Agriculture and
  263  Consumer Services, and the University of Florida Institute of
  264  Food and Agricultural Sciences, if provided, on the need for
  265  additional or more stringent provisions to address fertilizer
  266  use as a contributor to water quality degradation. All
  267  documentation must become part of the public record before
  268  adoption of the additional or more stringent criteria.
  269         (3)Any county or municipal government that adopted its own
  270  fertilizer-use ordinance before January 1, 2009, is exempt from
  271  this section. Ordinances adopted or amended on or after January
  272  1, 2009, must substantively conform to the most recent version
  273  of the model fertilizer ordinance and are subject to subsections
  274  (1) and (2), as applicable.
  275         (4)This section does not apply to the use of fertilizer on
  276  farm operations as defined in s. 823.14 or on lands classified
  277  as agricultural lands pursuant to s. 193.461.
  278         Section 5. Section 403.9338, Florida Statutes, is created
  279  to read:
  280         403.9338Training.—
  281         (1)The department, in cooperation with the Institute of
  282  Food and Agricultural Sciences, shall:
  283         (a)Provide training and testing programs in urban
  284  landscape best-management practices and may issue certificates
  285  demonstrating satisfactory completion of the training.
  286         (b)Approve training and testing programs that are
  287  equivalent to or more comprehensive than the training provided
  288  by the department under paragraph (a). Such programs must be
  289  reviewed and reapproved by the department if significant changes
  290  are made. Currently approved programs must be reapproved by July
  291  1, 2010.
  292         (2)After receiving a certificate demonstrating successful
  293  completion of a department or department-approved training
  294  program under this section, a person may apply to the Department
  295  of Agriculture and Consumer Services to receive a limited
  296  certification for urban landscape commercial fertilizer
  297  application under s. 482.1562. A person possessing such
  298  certification is not subject to additional local testing.
  299         Section 6. Present subsections (6) through (27) of section
  300  482.021, Florida Statutes, are renumbered as subsections (7)
  301  through (28), respectively, present subsection (28) is
  302  renumbered as subsection (30), and new subsections (6) and (29)
  303  are added to that section, to read:
  304         482.021 Definitions.—For the purposes of this chapter, and
  305  unless otherwise required by the context, the term:
  306         (6)“Commercial fertilizer application” means the
  307  application of fertilizer for payment or other consideration to
  308  property not owned by the person or firm applying the fertilizer
  309  or the employer of the applicator.
  310         (29)“Urban landscape” means pervious areas on residential,
  311  commercial, industrial, institutional, highway rights-of-way, or
  312  other nonagricultural lands that are planted with turf or
  313  horticultural plants. For the purposes of this section
  314  agriculture has the same meaning as in s. 570.02.
  315         Section 7. Section 482.1562, Florida Statutes, is created
  316  to read:
  317         482.1562Limited certification for urban landscape
  318  commercial fertilizer application.—
  319         (1)To provide a means of documenting and ensuring
  320  compliance with best-management practices for commercial
  321  fertilizer application to urban landscapes, the department shall
  322  establish a limited certification for urban landscape commercial
  323  fertilizer application.
  324         (2) Beginning January 1, 2014, any person applying
  325  commercial fertilizer to an urban landscape must be certified
  326  under this section.
  327         (3)To obtain a limited certification for urban landscape
  328  commercial fertilizer application, an applicant must submit to
  329  the department:
  330         (a)A copy of the training certificate issued pursuant to
  331  s. 403.9338.
  332         (b)A certification fee set by the department in an amount
  333  of at least $25 but not more than $75. Until the fee is set by
  334  rule, the fee for certification is $25.
  335         (4)A limited certification for urban landscape commercial
  336  fertilizer application issued under this section expires 4 years
  337  after the date of issuance. Before applying for recertification
  338  under subsection (5), the applicant must complete 4 classroom
  339  hours of acceptable continuing education, of which at least 2
  340  hours address fertilizer best-management practices.
  341         (5)An application for recertification must be made at
  342  least 90 days before the expiration of the current certificate
  343  and be accompanied by:
  344         (a)Proof of having completed the 4 classroom hours of
  345  acceptable continuing education required under subsection (4).
  346         (b)A recertification fee set by the department in an
  347  amount of at least $25 but not more than $75. Until the fee is
  348  set by rule, the fee for certification is $25.
  349         (6)A late renewal charge of $50 per month shall be
  350  assessed 30 days after the date the application for
  351  recertification is due and must be paid in addition to the
  352  renewal fee. Unless timely recertified, a certificate
  353  automatically expires 90 days after the recertification date.
  354  Upon expiration, a certificate may be issued only upon
  355  reapplying in accordance with section (3).
  356         (7)Certification under this section does not authorize:
  357         (a)The application of pesticides to turf or ornamentals,
  358  including pesticide fertilizer mixtures;
  359         (b)The operation of a pest control business; or
  360         (c)The application of pesticides or fertilizers by
  361  unlicensed or uncertified personnel under the supervision of the
  362  certified person.
  363         (8)The department may provide information concerning the
  364  certification status of persons certified under this section to
  365  other local and state governmental agencies. The department is
  366  encouraged to create an online data base that lists all persons
  367  certified under this section.
  368         (9)Yard workers who apply fertilizer only to individual
  369  residential properties using fertilizer and equipment provided
  370  by the residential property owner or resident are exempt from
  371  the requirements of this section.
  372         (10)The department may adopt rules to administer this
  373  section.
  374         Section 8. This act shall take effect July 1, 2009.