| 1 | A bill to be entitled |
| 2 | An act relating to water conservation; amending s. 373.62, |
| 3 | F.S.; revising requirements relating to automatic |
| 4 | landscape irrigation systems; providing an automatic |
| 5 | landscape irrigation system requirement for certain |
| 6 | residential construction; requiring licensed contractors |
| 7 | to inspect automatic landscape irrigation systems for |
| 8 | compliance with specified requirements and ensure that |
| 9 | such systems are in compliance before completing other |
| 10 | work on the systems; requiring the Department of |
| 11 | Environmental Protection to create a model ordinance; |
| 12 | providing penalty requirements for such ordinance; |
| 13 | providing for the disposition of funds raised through |
| 14 | penalties imposed; providing applicability for certain |
| 15 | licensed contractors; providing an effective date. |
| 16 |
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| 17 | Be It Enacted by the Legislature of the State of Florida: |
| 18 |
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| 19 | Section 1. Section 373.62, Florida Statutes, is amended to |
| 20 | read: |
| 21 | 373.62 Water conservation; automatic landscape irrigation |
| 22 | sprinkler systems.-- |
| 23 | (1)(a) Any person who operates purchases and installs an |
| 24 | automatic landscape irrigation lawn sprinkler system after May |
| 25 | 1, 1991, shall properly install, and must maintain, and operate |
| 26 | technology, a rain sensor device or switch that inhibits or |
| 27 | interrupts operation of will override the irrigation cycle of |
| 28 | the sprinkler system during periods of sufficient moisture when |
| 29 | adequate rainfall has occurred. |
| 30 | (b) Any new residential construction that includes an |
| 31 | automatic landscape irrigation system shall have properly |
| 32 | installed technology that inhibits or interrupts operation of |
| 33 | the system during periods of sufficient moisture. |
| 34 | (2) A licensed contractor who performs work on an |
| 35 | automatic landscape irrigation system shall test for the correct |
| 36 | operation of any technology that inhibits or interrupts |
| 37 | operation of the system during periods of sufficient moisture. |
| 38 | If such technology is not installed in the system or is not in |
| 39 | proper operating condition, the contractor shall properly |
| 40 | install technology or repair existing technology and confirm |
| 41 | that it is in proper operating condition before completing any |
| 42 | other work on the system. |
| 43 | (3) The Department of Environmental Protection shall |
| 44 | create a model ordinance by January 15, 2010, that may be |
| 45 | adopted and enforced by local governments. Such ordinance must, |
| 46 | at a minimum, provide: |
| 47 | (a) Penalties for operators of automatic landscape |
| 48 | irrigation systems that are not in compliance with this section. |
| 49 | The minimum penalties shall be $50 for a first offense, $100 for |
| 50 | a second offense, and $250 for a third or subsequent offense. |
| 51 | (b) A requirement that licensed contractors report |
| 52 | automatic landscape irrigation systems that are not in |
| 53 | compliance with this section to the appropriate authority. |
| 54 | (c) Penalties for licensed contractors who do not comply |
| 55 | with this section. The minimum penalties shall be $50 for a |
| 56 | first offense, $100 for a second offense, and $250 for a third |
| 57 | or subsequent offense. |
| 58 | |
| 59 | Regular maintenance and replacement of worn or broken technology |
| 60 | that interrupts or inhibits the operation of an automatic |
| 61 | landscape irrigation system is not a violation of this section |
| 62 | if such repairs are conducted within a reasonable time. |
| 63 | (4) Funds generated by penalties imposed under the |
| 64 | ordinance shall be used by local governments for the |
| 65 | administration and enforcement of this section and to further |
| 66 | water-conservation activities. |
| 67 | (5) For purposes of this section, the term "licensed |
| 68 | contractor" includes an individual who holds a specific |
| 69 | irrigation contractor's license issued by a county. |
| 70 | Section 2. This act shall take effect July 1, 2009. |