Florida Senate - 2009                                     SB 494
       
       
       
       By Senator Bennett
       
       
       
       
       21-00452-09                                            2009494__
    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         lawn sprinkler systems; requiring irrigation
    5         contractors to inspect such systems for compliance
    6         with requirements for rain or soil-moisture sensor
    7         devices or switches and ensure that such systems are
    8         in compliance before completing other work on the
    9         systems; authorizing the Department of Environmental
   10         Protection to adopt rules; providing penalties;
   11         providing for the disposition of funds raised through
   12         penalties imposed; providing an effective date.
   13         
   14  Be It Enacted by the Legislature of the State of Florida:
   15         
   16         Section 1. Section 373.62, Florida Statutes, is amended to
   17  read:
   18         373.62 Water conservation; automatic sprinkler systems.—
   19         (1) Any person who operates purchases and installs an
   20  automatic lawn sprinkler system after May 1, 1991, shall
   21  install, and must maintain, and operate, a rain or soil-moisture
   22  sensor devices device or switches switch that will override the
   23  irrigation cycle of the sprinkler system when adequate rainfall
   24  has occurred.
   25         (2) A licensed irrigation contractor shall test for correct
   26  operation of each rain or soil-moisture sensor device or switch
   27  on any system upon which the contractor performs work. If one or
   28  more rain or soil-moisture sensor devices or switches are not
   29  installed in the system or are not in proper operating
   30  condition, the contractor shall install new ones or repair the
   31  existing ones and confirm that each such device or switch is in
   32  proper operating condition before completing any other service
   33  to the system.
   34         (3) The Department of Environmental Protection may adopt
   35  rules to administer this section. Such rules shall, at a
   36  minimum, provide:
   37         (a) Penalties for a property owner who fails to install the
   38  required device. The minimum penalties shall be $50 for a first
   39  offense, $100 for a second offense, and $250 for a third or
   40  subsequent offense.
   41         (b) Requirements for contractors to report noncomplying
   42  systems to the appropriate authority.
   43         (c) Authority to delegate enforcement of this section to
   44  water management districts or local governments.
   45         (d) A model ordinance to be used by local governments.
   46         (4) Funds generated by such penalties shall be retained by
   47  the appropriate entity to further water-conservation activities.
   48  Penalties remitted to the Department of Environmental Protection
   49  shall be deposited into the Water Protection and Sustainability
   50  Program Trust Fund.
   51         Section 2. This act shall take effect July 1, 2009.