| 1 | A bill to be entitled |
| 2 | An act relating to water conservation; amending s. 373.62, |
| 3 | F.S.; revising the requirements for automatic lawn |
| 4 | sprinkler systems; requiring irrigation contractors to |
| 5 | inspect such systems for compliance with requirements for |
| 6 | rain or soil-moisture sensor devices or switches and |
| 7 | ensure that such systems are in compliance before |
| 8 | completing other work on the systems; authorizing the |
| 9 | Department of Environmental Protection to adopt rules; |
| 10 | providing penalties; providing for the disposition of |
| 11 | funds raised through penalties imposed; providing an |
| 12 | effective date. |
| 13 |
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| 14 | Be It Enacted by the Legislature of the State of Florida: |
| 15 |
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| 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 |
| 26 | correct operation of each rain or soil-moisture sensor device or |
| 27 | switch on any system upon which the contractor performs work. If |
| 28 | one or more rain or soil-moisture sensor devices or switches are |
| 29 | not 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 |
| 38 | the required device. The minimum penalties shall be $50 for a |
| 39 | first offense, $100 for a second offense, and $250 for a third |
| 40 | or 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. |