Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 494
       
       
       
       
       
       
                                Barcode 215338                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  03/03/2009           .                                
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       The Committee on Community Affairs (Bennett) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 19 - 59
    4  and insert:
    5         automatic landscape irrigation lawn sprinkler system after
    6  May 1, 1991, shall properly install, and must maintain, and
    7  operate technology, a rain sensor device or switch that inhibits
    8  or interrupts operation of will override the irrigation cycle of
    9  the sprinkler system during periods of sufficient moisture when
   10  adequate rainfall has occurred.
   11         (2) A licensed contractor who performs work on an automatic
   12  landscape irrigation system shall test for the correct operation
   13  of each inhibiting or interrupting device or switch on that
   14  system. If such devices or switches are not installed in the
   15  system or are not in proper operating condition, the contractor
   16  must install new ones or repair the existing ones and confirm
   17  that each device or switch is in proper operating condition
   18  before completing any other work on the system.
   19         (3) The department shall create a model ordinance by
   20  January 15, 2010, to be adopted and enforced by local
   21  governments. Such ordinance must, at a minimum, provide:
   22         (a) Penalties for operators of automatic landscape
   23  irrigation systems who do not properly install and maintain the
   24  required devices or switches. The minimum penalty must be $50
   25  for a first offense, $100 for a second offense, and $250 for a
   26  third or subsequent offense.
   27         (b) A requirement that licensed contractors report
   28  automatic irrigation systems that are not in compliance with
   29  this section to the appropriate authority.
   30         (c) Penalties for licensed contractors who do not comply
   31  with the provisions of this section. The minimum penalty must be
   32  $50 for a first offense, $100 for a second offense, and $250 for
   33  a third or subsequent offense.
   34  
   35  Regular maintenance and replacement of worn or broken technology
   36  that interrupts or inhibits the operation of an automatic
   37  irrigation system is not a violation of this section if such
   38  repairs are conducted within a reasonable time.
   39         (4) Local governments shall adopt the model ordinance by
   40  October 1, 2010. Local governments that impose requirements that
   41  are more stringent than the minimum requirements of the model
   42  ordinance are exempt from adopting the ordinance.
   43         (5) Funds generated by penalties imposed under the
   44  ordinance shall be used by the local government for the
   45  administration and enforcement of this section and to further
   46  water-conservation activities.
   47  (6) For purposes of this section, a licensed contractor also
   48  includes an individual who holds a specific irrigation
   49  contractor’s license issued by a county.
   50  
   51  ================= T I T L E  A M E N D M E N T ================
   52         And the title is amended as follows:
   53         Delete lines 4 - 9
   54  and insert:
   55  landscape irrigation systems; requiring irrigation contractors
   56  to test for the correct operation of system devices or switches
   57  and ensure their proper operation before completing other work
   58  on the system; requiring the Department of Environmental
   59  Protection to create a model ordinance for adoption by local
   60  governments; providing penalties; exempting counties having more
   61  stringent requirements from adopting the model ordinance;
   62  providing for the disposition of funds