Florida Senate - 2026 SB 508
By Senator Truenow
13-00374B-26 2026508__
1 A bill to be entitled
2 An act relating to landscape irrigation; creating s.
3 373.1861, F.S.; providing a short title; creating s.
4 373.1862, F.S.; providing legislative intent and
5 purpose; providing applicability; creating s.
6 373.1863, F.S.; defining terms; creating s. 373.1864,
7 F.S.; providing legislative findings; prohibiting a
8 person from taking certain actions regarding a
9 landscape irrigation system unless such person is a
10 licensed irrigation contractor or the property owner;
11 authorizing specified entities to adopt more stringent
12 standards for a property owner who installs a
13 landscape irrigation system; specifying that only a
14 licensed irrigation contractor may connect an
15 irrigation system to a water supply; providing
16 requirements for a licensed irrigation contractor to
17 obtain a landscape irrigation permit; requiring a
18 licensed irrigation contractor to create a landscape
19 irrigation plan design drawing; providing requirements
20 for such plan design drawings; providing requirements
21 for landscape irrigation plans; requiring a licensed
22 irrigation contractor to submit the landscape
23 irrigation system permit application and plan to
24 specified entities before building construction
25 commences; requiring a licensed irrigation contractor
26 to provide specified entities with certain information
27 before being issued a landscape irrigation permit;
28 creating s. 373.1865, F.S.; providing a purpose for
29 landscape irrigation system standards; requiring that
30 landscape irrigation systems be divided into specified
31 zones; providing requirements for such zones;
32 requiring that landscape irrigation systems be
33 designed to use the lowest quality water; providing
34 spacing requirements for landscape irrigation system
35 sprinklers; providing requirements for landscape
36 irrigation equipment, capacity, and accessories;
37 prohibiting high-volume irrigation areas from
38 exceeding a certain percentage of the total irrigated
39 area; authorizing the use of low-volume irrigation
40 areas in certain circumstances; prohibiting the
41 installation of risers; requiring a minimum distance
42 between distribution equipment and impervious
43 surfaces; requiring that landscape irrigation systems
44 use micro-irrigation in landscape beds under certain
45 circumstances; creating s. 373.1866, F.S.; creating a
46 landscape irrigation watering schedule; providing a
47 limitation for landscape irrigation watering;
48 providing a timeframe within which the owner of a new
49 irrigation system must adopt the watering schedule;
50 requiring a licensed irrigation contractor who
51 installs an irrigation system to provide the owners or
52 users of such system with certain information;
53 authorizing a local government to grant a variance
54 from the watering schedule under certain
55 circumstances; prohibiting a local government from
56 granting a variance under certain circumstances;
57 providing exceptions from landscape irrigation
58 watering schedules; providing requirements for a spray
59 sprinkler body; prohibiting a person from taking
60 certain actions regarding a sprinkler body, beginning
61 on a specified date; creating s. 373.1867, F.S.;
62 providing for the enforcement of the act; providing
63 for fines and penalties; providing that regular
64 maintenance and replacement of certain components is
65 not a violation of the act under certain
66 circumstances; prohibiting enforcement officials from
67 providing more than one written warning before
68 assessing a fine; authorizing a local government to
69 take certain action to enforce this section; creating
70 s. 373.1868, F.S.; providing for severability;
71 prohibiting a governmental entity from adopting or
72 attempting to enforce any law, rule, or regulation in
73 conflict with the act; creating s. 373.1869, F.S.;
74 authorizing the department to adopt rules to implement
75 the act; amending s. 373.62, F.S.; conforming
76 provisions to changes made by the act; deleting
77 obsolete provisions; conforming a provision to changes
78 made by the act; amending s. 489.105, F.S.; defining
79 the term “irrigation contractor”; amending s. 489.107,
80 F.S.; revising the membership of the Construction
81 Industry Licensing Board; conforming cross-references;
82 amending s. 489.111, F.S.; revising contractor
83 eligibility requirements for licensure; amending ss.
84 489.117, 489.118, and 489.141, F.S.; conforming cross
85 references; providing an effective date.
86
87 Be It Enacted by the Legislature of the State of Florida:
88
89 Section 1. Section 373.1861, Florida Statutes, is created
90 to read:
91 373.1861 Short title.—Sections 373.1861-373.1869 may be
92 cited as the “Landscape Irrigation Standards and Watering
93 Restrictions Act.”
94 Section 2. Section 373.1862, Florida Statutes, is created
95 to read:
96 373.1862 LEGISLATIVE INTENT AND PURPOSE; APPLICABILITY.—
97 (1) While an automatic landscape irrigation system is not
98 required, and a carefully designed landscape or a temporary
99 irrigation system may be considered for any property, it is the
100 intent and purpose of this act to:
101 (a) Implement procedures that promote water conservation
102 through more efficient use of landscape irrigation to improve
103 environmental quality; and
104 (b) Ensure efficient water use by establishing minimum
105 standards for landscape irrigation design which are considerate
106 of the climate, soil health, water resources, land use, and
107 resource planning of watershed districts in this state.
108 (2) Water use in landscape irrigation systems may be
109 reduced by providing for all of the following:
110 (a) The preservation of existing vegetation.
111 (b) The use of site-appropriate plant materials.
112 (c) The use of pervious paving materials.
113 (d) The use of water-efficient landscape irrigation.
114 (e) The use of applicable best management practices.
115 (f) The use of environmentally sensitive site development
116 concepts.
117 (3) This act applies to new commercial landscapes,
118 residential landscapes, institutional developments proposing to
119 install a landscape irrigation system, and any substantial
120 improvement or modification to an existing landscape irrigation
121 system which requires 50 percent or more of the irrigation
122 system to be replaced or altered.
123 (4) This act does not apply to irrigation systems for any
124 of the following:
125 (a) Agricultural production systems.
126 (b) Greenhouses.
127 (c) Nurseries.
128 (d) Cemeteries.
129 (e) Golf courses.
130 (f) Athletic fields, playgrounds, or intensive recreational
131 areas.
132 (g) Vegetable gardens, fruit tree groves, or nut tree
133 groves.
134 Section 3. Section 373.1863, Florida Statutes, is created
135 to read:
136 373.1863 DEFINITIONS.—As used in this act, the term:
137 (1) “Address” means the house number of a physical location
138 of a specific property. This includes rural route numbers but
139 excludes post office box numbers. If a lot number in a mobile
140 home park or similar community is used by the United States
141 Postal Service to determine a delivery location, the lot number
142 is the property’s address. An even-numbered address means an
143 address ending in the numbers 0, 2, 4, 6, or 8 or the letters A
144 M. An odd-numbered address means an address ending in the
145 numbers 1, 3, 5, 7, or 9 or the letters N-Z.
146 (2) “Application rate” or “precipitation rate” means the
147 rate at which water is applied to a given area by sprinklers or
148 emitters, usually expressed as depth per unit of time.
149 (3) “Automatic irrigation controller” means a device that
150 automatically turns an irrigation system, such as a lawn
151 sprinkler or drip irrigation system, on and off and is also
152 known as a clock or timer.
153 (4) “Bubbler” means an emission device that applies water
154 to the soil, discharging at least 0.5 to 2 gallons of water per
155 hour, but generally less than 60 gallons per hour.
156 (5) “Bubbler irrigation” means the application of water to
157 the soil surface at the plant root zone, discharging at least
158 0.5 to 2 gallons of water per hour, but generally less than 60
159 gallons per hour.
160 (6) “Check valve” means a device that permits water to flow
161 in one direction and is installed on any sprinkler where low
162 point drainage occurs or if the sprinkler is located lower than
163 the valve box.
164 (7) “Controller” means a timing mechanism that signals
165 automatic valves to open and close on a pre-set program or based
166 on sensor readings or its mounting box.
167 (8) “Coverage” means the way water is applied to an area.
168 (9) “Department” means the Department of Environmental
169 Protection or its successor agency.
170 (10) “Design pressure” means the pressure at which the
171 irrigation system or its components are designed to operate as
172 measured at the pump discharge or, if there is no pump, at the
173 entrance to the system.
174 (11) “Distribution pattern” means the water depth distance
175 relationship measured from a single emission device.
176 (12) “Distribution uniformity” means even application of
177 irrigation across a landscaped area, as expressed as a decimal
178 or percent value.
179 (13) “Drip irrigation” means the precise low-rate
180 application of water to the soil surface, beneath the soil
181 surface, or near the plant root zone around widely spaced plants
182 across a large area. Applications normally occur as small
183 streams or discrete continuous drops in the range of 0.5 to 2
184 gallons per hour.
185 (14) “Drip line emitter” means a tube that discharges water
186 from integrated and evenly spaced emitters, perforations, or a
187 porous wall.
188 (15) “Emission device” means a landscape irrigation system
189 component used to dispense irrigation water to the landscape at
190 a specific rate.
191 (16) “Emitter” means a device used to control irrigation
192 discharge from lateral pipes and a device used in micro
193 irrigation systems.
194 (17) “Establishment” means the process by which newly
195 planted vegetation becomes self-sustaining and rooted in its new
196 location.
197 (18) “Florida Water Star” means a statewide certification
198 program, owned by the St. Johns River Water Management District,
199 for new and existing homes and commercial developments that meet
200 specific water-efficiency criteria for their respective
201 landscape and irrigation systems, as well as plumbing fixtures
202 and appliances.
203 (19) “Flow rate” means the measure of a volume of water
204 moving in a certain amount of time.
205 (20) “Head” means the exterior case or shell of a sprinkler
206 incorporating a means of connecting to a piping system and
207 designed to provide above-ground or overhead irrigation. The
208 head may also be known as a rotor, a spray head, a mist head, or
209 an impact sprinkler when referring to the type of emission used
210 interchangeably with and in conjunction with a sprinkler.
211 (21) “Head-to-head spacing” means spacing sprinkler heads
212 so the distance between sprinklers is equal to the sprinkler
213 head-rated throw radius.
214 (22) “Hydrozone” means a distinct grouping of plants with
215 similar water and climatic requirements which may be irrigated
216 within a common zone to conserve water, improve efficiency, and
217 avoid overwatering and underwatering.
218 (23) “Irrigation” means the intentional application of
219 water by artificial means to sustain plant growth or optimize
220 production.
221 (24) “Irrigation inspector” means a person responsible for
222 inspecting landscape irrigation systems and carrying out all of
223 the following duties:
224 (a) Making determinations regarding whether a landscape
225 irrigation system complies with all relevant requirements.
226 (b) Making determinations regarding whether the appropriate
227 backflow prevention device is installed.
228 (c) Providing test results to the water purveyor.
229 (d) Investigating and issuing findings for all complaints
230 alleging deficiency of a landscape irrigation system.
231 (25) “Landscape” means an area that is planted with ground
232 covers, shrubs, trees, turf, or similar plant materials.
233 (26) “Landscape area” means the total site area less the
234 building footprint, impervious or paved surfaces, stormwater
235 control structures, or waterbodies. It includes any permeable
236 surface on a given lot or parcel which is covered with gardens,
237 landscape, mulch, or turfgrass.
238 (27) “Landscape irrigation” means the outside watering of
239 plants, such as shrubbery, trees, lawns, grass, ground covers,
240 plants, vines, gardens, and other such flora, which may be
241 situated in diverse locations, such as commercial and industrial
242 establishments, public and residential areas, public medians, or
243 rights-of-way.
244 (28) “Landscape irrigation plan” means a printed or drawn
245 plan for irrigation on a property with scaled dimensions which
246 identifies:
247 (a) Existing rights-of-way, easements, and other land
248 reservations;
249 (b) The water source that will be used for irrigation; and
250 (c) Irrigation specifications that include all of the
251 following information:
252 1. Pipe location, type, and size.
253 2. Sprinkler head location, including spacing to adjacent
254 sprinkler heads and structures.
255 3. Location of soil moisture sensor probes, if applicable.
256 4. Location and area of irrigation zones.
257 5. Sprinkler head type and application rate.
258 6. Micro-irrigation type and application rate.
259 7. Location of heads requiring check valves and their
260 respective valve sizes.
261 8. All relevant pressure regulations.
262 (29) “Landscape irrigation system” means a system of
263 delivering water to an area where it is needed, but not normally
264 present in necessary volume.
265 (30) “Lateral” means a water delivery pipeline that
266 supplies water from a manifold or header pipe downstream of a
267 control valve to irrigation emission devices.
268 (31) “Low-volume irrigation” means heads that emit less
269 than 0.5 gallons of water per minute.
270 (32) “Micro-bubbler” means a unit designed for micro
271 irrigation applications requiring higher flow and coverage than
272 a spot emitter or drip, but a lower amount of water than a
273 standard bubbler.
274 (33) “Micro-irrigation” means the application of small
275 quantities of water directly on or below the soil surface or
276 plant root zone, in discrete drops, thin streams, or miniature
277 sprays, through emitters placed along lateral water delivery
278 pipes. Micro-irrigation encompasses a number of methods or
279 concepts, including drip irrigation, micro-bubblers, micro
280 sprays, subsurface irrigation, or low-volume or trickle
281 irrigation.
282 (34) “Micro-irrigation emission device” means an emission
283 device intended to discharge water in the form of drops or a
284 continuous stream at rates less than 30 gallons of water per
285 hour or 113.5 liters per hour at the largest area of coverage
286 available for the nozzle series when operated at 30 pounds per
287 square inch, except during flushing.
288 (35) “Micro-spray” means a micro-irrigation emission device
289 that uses small-diameter tubing and small orifice micro-spray
290 heads to limit water output and deliver water more directly to
291 the plant root zone by converting irrigation water pressure to
292 discharge water at a flow rate not exceeding 30 gallons per hour
293 or 113.5 liters per hour at the largest area of coverage
294 available for the nozzle series when operated at 30 pounds per
295 square inch. Micro-spraying includes the use of micro-bubblers,
296 micro-spinners, or micro-spray jets.
297 (36) “Nozzle” means the discharge opening or orifice of an
298 emission device used to control the volume, distribution
299 pattern, or droplet size of water discharge.
300 (37) “Nozzle throw diameter” means the entire measured
301 width of the throw of a sprinkler head.
302 (38) “Operating pressure” means the water pressure
303 necessary to operate an emission device. Operating pressure may
304 be described as any of the following:
305 (a) “Maximum operating pressure,” meaning the highest
306 manufacturer-recommended pressure to ensure proper operation of
307 an emission device.
308 (b) “Minimum operating pressure,” meaning the lowest
309 manufacturer-recommended pressure to ensure proper operation of
310 an emission device.
311 (c) “Recommended operating pressure,” meaning the
312 manufacturer’s recommended pressure for operation of an emission
313 device.
314 (39) “Operator/manager” means a person or an entity
315 responsible for the management of an irrigation system.
316 (40) “Orifice” means an opening with a closed perimeter
317 through which water flows.
318 (41) “Person” means any person, firm, partnership,
319 association, corporation, company, or organization.
320 (42) “Radius of throw” means the distance of throw for a
321 circular wetting pattern.
322 (43) “Reclaimed water” means water that has been treated in
323 municipal wastewater facilities, has received at least secondary
324 treatment and basic disinfection, and is safe to use for
325 irrigation and other permitted purposes.
326 (44) “Residential landscape irrigation” means the
327 irrigation of landscapes associated with any residential housing
328 unit having sanitary facilities and kitchen facilities designed
329 to accommodate one or more residents, including single-family
330 homes, multifamily housing units, and mobile homes.
331 (45) “Riser” means a threaded pipe to which sprinklers or
332 other emitters are attached for above-ground placement.
333 (46) “Rotor sprinkler” means a sprinkler that applies water
334 in a pattern to a defined landscape area by means of one or more
335 rotating streams.
336 (47) “Smart irrigation controller” means a device designed
337 to reduce outdoor water use by irrigating based on a plant’s
338 watering needs. There are two basic types:
339 (a) Weather-based irrigation controllers, which use local
340 weather and landscape conditions to tailor watering schedules.
341 (b) Soil moisture-based irrigation controllers, which
342 monitor moisture levels in the soil to prevent irrigation when
343 water is not needed.
344 (48) “Spacing” means the distance between sprinklers or
345 other emitters.
346 (49) “Spray sprinkler” means a sprinkler that steadily
347 applies water in a pattern to a defined landscape area.
348 (50) “Sprinkler” means an emission device consisting of a
349 sprinkler body with one or more nozzles or orifices to convert
350 irrigation water pressure to high-velocity water discharge
351 through the atmosphere, discharging a minimum of 0.5 gallons per
352 minute or 1.9 liters per minute at the largest area of coverage
353 available for the nozzle series when operated at 30 pounds per
354 square inch or more with a full-circle wetting pattern.
355 (51) “Sprinkler body” means the exterior case or shell of a
356 sprinkler incorporating a means of connection to the piping
357 system, designed to convey water to a nozzle or an orifice. The
358 term includes, but is not limited to, all of the following:
359 (a) “Rotor sprinkler body,” meaning a sprinkler body that
360 contains components to drive the rotation of the nozzle or
361 orifice during operation without an integral control valve.
362 (b) “Spray sprinkler body,” meaning a sprinkler body that
363 does not contain components to drive the rotation of the nozzle
364 or orifice during operation without an integral control valve.
365 (c) “Valve-in-head sprinkler body,” meaning a sprinkler
366 body that contains an integral control valve.
367 (52) “Substantial improvement or modification” means any
368 reconstruction, rehabilitation, addition, or other modification
369 of a structure, the cost of which equals or exceeds 50 percent
370 of the market value of the structure before the start of
371 construction of the modification. The term includes structures
372 that have incurred substantial damage, regardless of the actual
373 repair work performed. The term does not include any of the
374 following:
375 (a) Any project for improvement of a structure to correct
376 existing violations of state or local health, sanitary, or
377 safety code specifications which have been identified by the
378 local code enforcement official and which improvements are the
379 minimum necessary to assure safe living conditions.
380 (b) Any alteration of a historic structure, provided that
381 the alteration will not preclude the structure’s continued
382 designation as a historic structure.
383 (53) “Subsurface irrigation” means a landscape irrigation
384 system equipped with water emitters and a delivery line
385 installed below the soil surface. Such system is designed to
386 distribute water to soils directly from under the surface to
387 prevent airborne drift and minimize runoff.
388 (54) “Supply” means the origin or source of the water used
389 in an landscape irrigation system.
390 (55) “Temporary establishment irrigation” means the short
391 term use of irrigation for the establishment of new vegetation
392 which must be removed once the plants are established.
393 (56) “Throw” means the measured distance from the nozzle or
394 orifice of a sprinkler head to where the sprinkler deposits
395 water.
396 (57) “Turfgrass” means a groundcover surface of mowed
397 grass.
398 (58) “Valve” means a device used to control the flow of
399 water within a landscape irrigation system.
400 (59) “Weather-based irrigation controller” means a device
401 that uses climatic information to determine when the landscape
402 irrigation system operates by reducing or cancelling irrigation
403 in response to rainfalls, temperature, and other climatic
404 conditions.
405 (60) “Wetting area” means a wetting pattern created by an
406 emission device or multiple emission devices in a defined area.
407 Section 4. Section 373.1864, Florida Statutes, is created
408 to read:
409 373.1864 Legislative findings; landscape irrigation system
410 permit; plan design.—
411 (1) The Legislature finds that the landscape irrigation
412 system permit application procedures in this section provide an
413 economical, efficient, and safe method of reviewing proposed
414 landscape irrigation system plans and specifications before
415 installation, by:
416 (a) Requiring the evaluation of proposed plans for a
417 landscape irrigation system; and
418 (b) Ensuring that, if approved, the landscape irrigation
419 system is installed, maintained, and operated in a manner
420 consistent with a comprehensive plan pursuant to ss. 163.3177
421 and 163.3178 and the health, safety, and general welfare of
422 residents.
423 (2) A person may not install, maintain, alter, repair,
424 service, or inspect a landscape irrigation system, or consult on
425 these activities, unless the person is a licensed irrigation
426 contractor or the property owner. A local government or water
427 management district may adopt more stringent requirements for a
428 property owner who installs an irrigation system. Only a
429 licensed irrigation contractor may connect a landscape
430 irrigation system to a water supply.
431 (3) To obtain a landscape irrigation permit, a licensed
432 irrigation contractor must submit an application to the
433 appropriate local government or water management district which
434 contains all of the following information:
435 (a) The licensed irrigation contractor’s name, address,
436 phone number, and e-mail address.
437 (b) The landscape irrigation contractor’s license.
438 (c) A landscape irrigation plan with design drawings that
439 identify all design elements, development materials, and
440 proposed installation methods. Commercial, industrial,
441 multifamily, and municipal buildings must meet any additional
442 requirements provided in Appendix F of the Plumbing Volume of
443 the Florida Building Code.
444 (d) An application fee paid to the appropriate local
445 government or water management district.
446 (4) The licensed irrigation contractor shall create
447 landscape irrigation plan design drawings that are clearly
448 legible at a reasonable scale, display the entire site to be
449 irrigated, and include all modifications. Such design drawings
450 must show that there will not be any drainage from any emission
451 device when the irrigation system is turned off.
452 (5)(a) Landscape irrigation plans must provide
453 accommodations for smaller areas of sprinkler irrigation,
454 including irrigated turfgrass areas, irrigated landscape bed
455 areas, and unirrigated areas, to prevent direct spray onto
456 buildings, driveways, roadways, or other impervious hardscapes.
457 (b) Such irrigated areas less than 4 feet wide must be
458 irrigated with micro-irrigation or zone-appropriate spray heads.
459 (6) The licensed irrigation contractor must submit the
460 landscape irrigation system permit application and plan to the
461 appropriate local government or water management district before
462 building construction commences.
463 (7) Before a local government or water management district
464 may issue a landscape irrigation permit, the licensed irrigation
465 contractor must provide the local government or water management
466 district with all of the following:
467 (a) A Letter of Certification of Design for a Landscape
468 Irrigation System developed by the department certifying the
469 design is consistent with the requirements of this section and
470 signed by a landscape irrigation system professional.
471 (b) A Letter of Completion Certifying Compliance with
472 Design for a Landscape Irrigation System developed by the
473 department certifying installation is consistent with the design
474 and signed by a landscape irrigation system professional.
475 (c) Proof of certification by the Florida Water Star
476 certification program.
477 Section 5. Section 373.1865, Florida Statutes, is created
478 to read:
479 373.1865 Landscape irrigation system requirements.—
480 (1) PURPOSE.—The Legislature finds that the purpose of
481 landscape irrigation system standards is to ensure that
482 irrigation systems are designed for maximum efficiency and
483 uniformity in the irrigation zone and that systems prioritize
484 all of the following:
485 (a) Proper installation.
486 (b) Appropriate watering scheduling and run times
487 consistent with s. 373.1866.
488 (c) Regular maintenance by qualified entities.
489 (d) Irrigation for establishment, post-establishment
490 scheduling, and appropriate removal.
491 (2) LANDSCAPE IRRIGATION SYSTEM REQUIREMENTS.—
492 (a) A landscape irrigation system must be divided into
493 zones based on all of the following factors:
494 1. Available flow rate.
495 2. Cultural use of the area.
496 3. Type of vegetation irrigated, such as native plants,
497 shrubs, or turfgrass.
498 4. Type of sprinklers, including sprinklers with matching
499 precipitation rates.
500 5. Soil characteristics and slope.
501 6. Sun exposure.
502 (b) Spray heads and rotors may not be mixed in the same
503 zone, and bubblers for trees must be in separate zones.
504 (c) Turfgrass and landscape beds must be irrigated in
505 separate zones.
506 (d) Landscape irrigation systems must be designed to use
507 the lowest quality water that is available, is feasible to use,
508 and has been evaluated as suitable. This includes reclaimed
509 water and stormwater.
510 (3) SPRINKLER SPACING REQUIREMENTS.—Landscape irrigation
511 system sprinkler spacing must be designed and maintained in the
512 following manner:
513 (a) Sprinkler heads must be spaced at 50 percent of the
514 nozzle throw diameter from adjacent sprinkler heads in all
515 directions the nozzle throws. The respective local government
516 may allow a variance for areas where head-to-head spacing will
517 oversaturate the soil or lead to inefficient water use.
518 (b) Sprinklers must be spaced at least 12 inches from
519 buildings and 4 inches from impervious areas.
520 (c) Sprinkler heads for turfgrass areas must be designed
521 and maintained with:
522 1. A minimum 6-inch-high sprinkler body for St. Augustine,
523 Zoysia, or Bahia grasses.
524 2. A minimum 4-inch-high sprinkler body for Centipede,
525 Bermuda, or Seashore Paspalum grasses.
526 (d) Sprinkler inspections, conducted by an irrigation
527 inspector, must take place at least quarterly to avoid watering
528 of impervious surfaces.
529 (e) Rotors and sprays in turf areas must be spaced to
530 achieve head-to-head coverage.
531 (f) All sprinkler heads must be pressure-regulated at the
532 head or zone valve and set to manufacturer specifications.
533 (g) Landscape irrigation system pipes must maintain a
534 maximum of 5 feet per second water flow velocity for landscape
535 irrigation system integrity.
536 (4) LANDSCAPE IRRIGATION EQUIPMENT, CAPACITY, AND
537 ACCESSORIES.—Landscape irrigation systems must be equipped with
538 all of the following:
539 (a) The capacity to operate in the range of 30 to 40 pounds
540 per square inch at each spray head or 40 to 50 pounds per square
541 inch at each rotor.
542 (b) Filter devices to ensure emitters maintain proper cast
543 and coverage.
544 (c) An irrigation controller or smart irrigation controller
545 that includes a weather-based irrigation controller. Such
546 controllers must have nonvolatile memory or battery backup
547 capacity that retains the irrigation schedule, set pursuant to
548 s. 373.1866, during and after power outages.
549 (5) ADDITIONAL REGULATIONS.—
550 (a) High-volume irrigation areas may not exceed 60 percent
551 of the total area to be irrigated. Low-volume irrigation areas
552 may be used in lieu of any high-volume irrigation area.
553 (b) Irrigation risers may not be installed.
554 (c) There must be a minimum of 4 inches between
555 distribution equipment, including sprinklers, pumps, valves, or
556 other components, and impervious surfaces.
557 (d) Landscape irrigation systems must use micro-irrigation
558 in landscape beds if supplemental irrigation is needed.
559 Section 6. Section 373.1866, Florida Statutes, is created
560 to read:
561 373.1866 Landscape irrigation watering schedule.—
562 (1) SCHEDULE.—
563 (a) When daylight saving time is in effect, landscape
564 irrigation may occur only in accordance with the following
565 irrigation schedule:
566 1. Residential landscape irrigation at odd-numbered
567 addresses or properties with no address may occur only on
568 Wednesday or Saturday and may not occur between 10 a.m. and 4
569 p.m.
570 2. Residential landscape irrigation at even-numbered
571 addresses may occur only on Thursday or Sunday and may not occur
572 between 10 a.m. and 4 p.m.
573 3. Nonresidential landscape irrigation may occur only on
574 Tuesday or Friday and may not occur between 10 a.m. and 4 p.m.
575 4. No more than 0.75 inches of water may be applied per
576 irrigation zone on any day that irrigation occurs, and such
577 irrigation may not occur for more than 1 hour per irrigation
578 zone on any day that irrigation occurs.
579 (b) When Eastern Standard Time is in effect, landscape
580 irrigation may occur only in accordance with the following
581 irrigation schedule:
582 1. Residential landscape irrigation at odd-numbered
583 addresses or properties with no address may occur only on
584 Saturday and may not occur between 10 a.m. and 4 p.m.
585 2. Residential landscape irrigation at even-numbered
586 addresses may occur only on Sunday and may not occur between 10
587 a.m. and 4 p.m.
588 3. Nonresidential landscape irrigation may occur only on
589 Tuesday and may not occur between 10 a.m. and 4 p.m.
590 4. No more than 0.75 inches of water may be applied per
591 irrigation zone on any day that irrigation occurs, and such
592 irrigation may not occur for more than 1 hour per irrigation
593 zone on any day that irrigation occurs.
594 (c) When Central Standard Time is in effect, landscape
595 irrigation may occur only in accordance with the following
596 irrigation schedule:
597 1. Residential landscape irrigation at odd-numbered
598 addresses or properties with no address may occur only on
599 Saturday and may not occur between 10 a.m. and 4 p.m.
600 2. Residential landscape irrigation at even-numbered
601 addresses may occur only on Sunday and may not occur between 10
602 a.m. and 4 p.m.
603 3. Nonresidential landscape irrigation may occur only on
604 Tuesday and may not occur between 10 a.m. and 4 p.m.
605 4. No more than 0.75 inches of water may be applied per
606 irrigation zone on any day that irrigation occurs, and such
607 irrigation may not occur for more than 1 hour per irrigation
608 zone on any day that irrigation occurs.
609 (d) Landscape irrigation watering may be limited to only
610 that which may be necessary to meet the landscape’s needs.
611 (e) The owner of a new irrigation system must adopt the
612 watering schedule outlined in paragraphs (a), (b), and (c)
613 within 60 days after such system is installed. The licensed
614 irrigation contractor who installed such irrigation system must
615 provide the property owner or user with all of the following
616 post-construction and maintenance system information:
617 1. The irrigation system plan design drawings.
618 2. Maintenance activities and schedules.
619 3. The system’s operational schedule.
620 4. Instructions for adjusting the system.
621 5. Water shut-off method.
622 6. The manufacturer’s operational guide for the controller.
623 (2) VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS.—
624 (a) A local government may grant a variance from the
625 specific landscape irrigation watering schedule set forth in
626 subsection (1) for any of the following reasons:
627 1. Strict adherence to the watering schedule would lead to
628 unreasonable or unfair results in particular instances, provided
629 that the applicant demonstrates with particularity that
630 compliance with the schedule will result in a substantial
631 economic, health, or other hardship on the applicant requesting
632 the variance or those served by the applicant; or
633 2. A contiguous property is divided into different zones,
634 such that each zone must be irrigated on different days than
635 other zones of the property.
636 (b) A local government may not grant a variance to allow a
637 single zone to be irrigated more than 2 days per week during
638 daylight saving time or more than 1 day per week during Eastern
639 Standard Time or Central Standard Time.
640 (3) EXCEPTIONS TO THE LANDSCAPE IRRIGATION WATERING
641 SCHEDULE.—Landscape irrigation is subject to the following
642 landscape irrigation watering schedule exceptions:
643 (a) Irrigation using a micro-spray, micro-jet, drip, or
644 bubbler irrigation system is allowed at any time.
645 (b) Irrigation of a new landscape is allowed at any time of
646 day on any day for the initial 30 days after installation and
647 every other day for the next 30 days, for a total of one 60-day
648 period, provided that the irrigation is limited to the minimum
649 amount necessary for such landscape establishment.
650 (c) Watering-in of chemicals, including insecticides,
651 pesticides, fertilizers, fungicides, and herbicides, when
652 required by law or when recommended by the manufacturer or best
653 management practices, is allowed at any time of day on any day
654 within 24 hours after application. Watering-in of chemicals may
655 not exceed 0.25 inches of water per application, except as
656 otherwise required by law or recommended by the manufacturer or
657 best management practices.
658 (d) Irrigation systems may be operated at any time of day
659 on any day for maintenance and repair purposes, not to exceed 20
660 minutes per hour per zone.
661 (e) Irrigation using a handheld hose equipped with an
662 automatic shut-off nozzle is allowed at any time of day on any
663 day.
664 (f) Discharge of water from a water-to-air air-conditioning
665 unit or other water-dependent cooling system is not restricted
666 by this section.
667 (g) The use of water from a reclaimed water system is
668 allowed at any time. For the purposes of this paragraph, a
669 reclaimed water system includes systems in which the primary
670 source is reclaimed water, which may or may not be supplemented
671 from another source during peak demand periods.
672 (h) The use of recycled water from wet detention treatment
673 ponds for irrigation is allowed at any time, provided the ponds
674 are not augmented from any ground or off-site surface water or
675 public supply sources.
676 (4) ADDITIONAL REQUIREMENTS.—
677 (a) A spray sprinkler body that is not specifically
678 excluded from the scope of the United States Environmental
679 Protection Agency’s WaterSense Specification for Spray Sprinkler
680 Bodies, Version 1.0 program must include an integral pressure
681 regulator and must meet the water efficiency and performance
682 criteria of the program.
683 (b) Beginning July 1, 2027, a person may not sell, offer
684 for sale, lease, or install for compensation a new spray
685 sprinkler body unless the product includes a mark, label, or tag
686 denoting that the product meets or exceeds water efficiency and
687 performance criteria described in paragraph (a).
688 Section 7. Section 373.1867, Florida Statutes, is created
689 to read:
690 373.1867 Enforcement and penalties.—
691 (1) A licensed irrigation contractor as defined in s.
692 489.105(3)(q) shall report landscape irrigation systems that are
693 not in compliance with this act to the irrigation inspector or
694 such personnel as designated by the respective local government.
695 (2) The department, in coordination with local governments,
696 shall authorize law enforcement personnel or other government
697 staff as the enforcement officials.
698 (a)1. Each violation of s. 373.1865 or s. 373.1866 is
699 subject to the following fines or penalties:
700 a. A written warning for a first violation.
701 b. A $50 fine for a second violation.
702 c. A fine not to exceed $500 for all subsequent violations.
703 2. Funds generated by penalties imposed pursuant to
704 subparagraph 1. shall be used by the respective local government
705 for the administration and enforcement of this act and to
706 further water conservation activities.
707 (b) Regular maintenance and replacement of worn or broken
708 components which interrupts or inhibits the operation of a
709 landscape irrigation system is not a violation of this act if
710 such repairs are conducted within a reasonable time.
711 (c) Enforcement officials may not provide violators with
712 more than one written warning before assessing a fine.
713 (d) The appropriate local government may take any other
714 appropriate legal action, including, but not limited to,
715 injunctive action, to enforce this section.
716 Section 8. Section 373.1868, Florida Statutes, is created
717 to read:
718 373.1868 Severability; conflicting law, rules, or
719 regulations.—
720 (1) If any provision of this act or its application to any
721 person or circumstance is held to be invalid by a court of
722 competent jurisdiction, the invalidity does not affect other
723 provisions or applications of this act which can be given effect
724 without the invalid provision or application, and to this end
725 the provisions of this act are severable.
726 (2) It is unlawful for any governmental entity to adopt or
727 to attempt to enforce any law, rule, or regulation in conflict
728 with the provisions of this act.
729 Section 9. Section 373.1869, Florida Statutes, is created
730 to read:
731 373.1869 Rulemaking.—The department may adopt rules to
732 implement this act.
733 Section 10. Section 373.62, Florida Statutes, is amended to
734 read:
735 373.62 Water conservation; automatic sprinkler systems.—
736 (1) A licensed irrigation contractor Any person who
737 purchases and installs an automatic landscape irrigation system
738 shall must properly install, maintain, and operate technology
739 that inhibits or interrupts operation of the system during
740 periods of sufficient moisture.
741 (2) A licensed irrigation contractor who installs or
742 performs work on an automatic landscape irrigation system shall
743 must test for the correct operation of each inhibiting or
744 interrupting device or switch on that system. If such devices or
745 switches are not installed in the system or are not in proper
746 operating condition, the licensed irrigation contractor must
747 install new ones or repair the existing ones and confirm that
748 each device or switch is in proper operating condition before
749 completing other work on the system.
750 (3) The department shall create a model ordinance by
751 January 15, 2010, that may be adopted and enforced by local
752 governments. The ordinance must, at a minimum:
753 (a) Require licensed contractors to report automatic
754 landscape irrigation systems that are not in compliance with
755 this section to the appropriate authority.
756 (b) Provide penalties for licensed contractors who do not
757 comply with this section. The minimum penalty must be $50 for a
758 first offense, $100 for a second offense, and $250 for a third
759 or subsequent offense.
760
761 Regular maintenance and replacement of worn or broken technology
762 which interrupts or inhibits the operation of an automatic
763 landscape irrigation system is not a violation of this section
764 if such repairs are conducted within a reasonable time.
765 (4) Local governments may adopt the model ordinance by
766 October 1, 2010. Local governments that impose requirements that
767 are more stringent than the model ordinance are exempt from
768 adopting the ordinance.
769 (5) Funds generated by penalties imposed under the
770 ordinance shall be used by the local government for the
771 administration and enforcement of this section and to further
772 water conservation activities.
773 (6) For purposes of this section, a licensed irrigation
774 contractor includes an individual who holds a specific
775 irrigation contractor’s license issued by a county.
776 (4)(a)(7)(a) The Legislature recognizes that lawn and
777 landscape irrigation systems use a substantial amount of the
778 state’s potable water. The Legislature finds that smart
779 irrigation systems that use soil moisture sensors with remote
780 monitoring and adjustment capabilities, if properly installed
781 and monitored, provide more efficient irrigation and save
782 substantially more water than conventional time-controlled
783 irrigation systems. This is because smart irrigation systems
784 apply water to lawns and plants only as necessary to maintain
785 required soil moisture, thus minimizing the overwatering or
786 unnecessary watering that occurs with conventional irrigation
787 systems. However, in order for this technology to optimize the
788 efficient application of water it cannot be subject to day or
789 days-of-the-week watering restrictions. The Legislature,
790 therefore, recognizes that enacting a statewide process to
791 provide an exemption from local water restriction ordinances
792 will accelerate the adoption of this water saving technology.
793 Further, a uniform exemption process will streamline variance
794 procedures and minimize delay in implementing such technology.
795 The longer it takes to approve soil moisture sensor control
796 systems, the more potable water is wasted. A uniform variance
797 process will allow state residents to maintain their property
798 and protect water resources while enjoying their landscapes.
799 (b) For purposes of this subsection, the term:
800 1. “Monitoring entity” means a local government, community
801 development district created pursuant to chapter 190, a
802 homeowners’ association created pursuant to chapter 720, a
803 condominium association created pursuant to chapter 718, a
804 cooperative created pursuant to chapter 719, or a public or
805 private utility.
806 2. “Soil moisture sensor” means a soil-based device that
807 assesses the available plant soil moisture in order to minimize
808 the unnecessary use of water and optimize the effectiveness of
809 an irrigation system.
810 3. “Soil moisture sensor control system” is the collective
811 term for an entire soil moisture sensor system that has remote
812 monitoring and adjustment capability.
813 (c) A variance from day or days-of-the-week watering
814 schedules pursuant to s. 373.1866 restrictions, which includes
815 shall include the maximum soil set point for different soil
816 types within the monitoring entity’s jurisdiction, must shall be
817 granted by the applicable water management district for any
818 residential, commercial, or recreational user within a
819 monitoring entity’s jurisdiction having a soil moisture sensor
820 control system if the monitoring entity certifies that:
821 1. Each soil moisture sensor control system installed
822 within its jurisdiction will have multiple soil sensors that
823 conform to different soil types and slopes in order to optimize
824 water use for each user, adjust irrigation schedules based on
825 soil moisture requirements, and be installed by a licensed
826 contractor in a manner that is consistent with the Field Guide
827 to Soil Moisture Sensor Use in Florida by the University of
828 Florida IFAS Extension Program for Resource Efficient
829 Communities.
830 2. It has the ability to monitor the status of each
831 individual user’s system and to remotely modify the system
832 settings for irrigation cycles and run times.
833 3. It will electronically post and update a list of active
834 users of soil moisture sensor control systems within its
835 jurisdiction on a monthly basis and provide Internet access to
836 such listing and the monitoring database to the water management
837 district and the local government.
838 4. It shall provide notice to a user of noncompliant
839 activity within 48 hours after such activity and, if the user
840 does not take corrective action within 48 hours after such
841 notice, it will remove the posted notice required in
842 subparagraph 5. and remove the user from the active users list
843 required by subparagraph 3.
844 5. It shall post a notice at each parcel that has installed
845 a compliant soil moisture sensor control system in plain view
846 from the nearest roadway stating: “Irrigating with Smart
847 Irrigation Controller,” with the address of the parcel, and
848 shall remove the notice if the user is no longer being monitored
849 by the monitoring entity.
850 (d) Upon installation of a soil moisture sensor control
851 system, the licensed contractor shall certify to the monitoring
852 entity that subparagraphs (c)1. and (c)2. have been met.
853 1. The monitoring entity shall post the notice required by
854 subparagraph (c)5. on the user’s property and update the
855 Internet listing of users of active soil moisture sensor control
856 systems to include the new user.
857 2. On an annual basis a professional engineer licensed
858 under chapter 471 or a professional landscape architect licensed
859 under chapter 481 shall perform an annual maintenance review of
860 all soil moisture sensor control systems within the monitoring
861 entity’s jurisdiction and certify to the monitoring entity which
862 systems are properly operating and in compliance with paragraph
863 (c). The monitoring entity shall update its Internet listing of
864 users of active soil moisture sensor control systems based on
865 the certification.
866 (e) Failure by the monitoring entity to ensure continual
867 compliance with the condition of this variance shall be cause
868 for the appropriate water management district to revoke the
869 variance upon proper notice to the monitoring entity.
870 (f) The variance provided in this subsection applies to day
871 or days-of-the-week schedules pursuant to s. 373.1866 watering
872 restrictions of the water management district as preempted by s.
873 373.217. All other applicable local government and water
874 management district restrictions related to irrigation,
875 including, but not limited to, a prohibition on irrigation and
876 time-of-day watering requirements and water shortage or
877 emergency orders issued pursuant to s. 373.246(2) and (7),
878 remain applicable to the soil moisture sensor control system
879 users within a monitoring entity’s jurisdiction.
880 (g) This subsection does not require a property owner to
881 install a soil moisture sensor control system. This subsection
882 also does not prohibit a property owner from installing soil
883 moisture sensors and seeking an individual variance from the
884 applicable water management district even if such property is
885 located within the jurisdiction of a monitoring entity that has
886 been granted a variance pursuant to paragraph (c).
887 Section 11. Subsection (3) of section 489.105, Florida
888 Statutes, is amended to read:
889 489.105 Definitions.—As used in this part:
890 (3) “Contractor” means the person who is qualified for, and
891 is only responsible for, the project contracted for and means,
892 except as exempted in this part, the person who, for
893 compensation, undertakes to, submits a bid to, or does himself
894 or herself or by others construct, repair, alter, remodel, add
895 to, demolish, subtract from, or improve any building or
896 structure, including related improvements to real estate, for
897 others or for resale to others; and whose job scope is
898 substantially similar to the job scope described in one of the
899 paragraphs of this subsection. For the purposes of regulation
900 under this part, the term “demolish” applies only to demolition
901 of steel tanks more than 50 feet in height; towers more than 50
902 feet in height; other structures more than 50 feet in height;
903 and all buildings or residences. Contractors are subdivided into
904 two divisions, Division I, consisting of those contractors
905 defined in paragraphs (a)-(c), and Division II, consisting of
906 those contractors defined in paragraphs (d)-(r) (d)-(q):
907 (a) “General contractor” means a contractor whose services
908 are unlimited as to the type of work which he or she may do, who
909 may contract for any activity requiring licensure under this
910 part, and who may perform any work requiring licensure under
911 this part, except as otherwise expressly provided in s. 489.113.
912 (b) “Building contractor” means a contractor whose services
913 are limited to construction of commercial buildings and single
914 dwelling or multiple-dwelling residential buildings, which do
915 not exceed three stories in height, and accessory use structures
916 in connection therewith or a contractor whose services are
917 limited to remodeling, repair, or improvement of any size
918 building if the services do not affect the structural members of
919 the building.
920 (c) “Residential contractor” means a contractor whose
921 services are limited to construction, remodeling, repair, or
922 improvement of one-family, two-family, or three-family
923 residences not exceeding two habitable stories above no more
924 than one uninhabitable story and accessory use structures in
925 connection therewith.
926 (d) “Sheet metal contractor” means a contractor whose
927 services are unlimited in the sheet metal trade and who has the
928 experience, knowledge, and skill necessary for the manufacture,
929 fabrication, assembling, handling, erection, installation,
930 dismantling, conditioning, adjustment, insulation, alteration,
931 repair, servicing, or design, if not prohibited by law, of
932 ferrous or nonferrous metal work of U.S. No. 10 gauge or its
933 equivalent or lighter gauge and of other materials, including,
934 but not limited to, fiberglass, used in lieu thereof and of air
935 handling systems, including the setting of air-handling
936 equipment and reinforcement of same, the balancing of air
937 handling systems, and any duct cleaning and equipment sanitizing
938 that requires at least a partial disassembling of the system.
939 (e) “Roofing contractor” means a contractor whose services
940 are unlimited in the roofing trade and who has the experience,
941 knowledge, and skill to install, maintain, repair, alter,
942 extend, or design, if not prohibited by law, and use materials
943 and items used in the installation, maintenance, extension, and
944 alteration of all kinds of roofing, waterproofing, and coating,
945 except when coating is not represented to protect, repair,
946 waterproof, stop leaks, or extend the life of the roof. The
947 scope of work of a roofing contractor also includes all of the
948 following and any related work: skylights; required roof-deck
949 attachments; any repair or replacement of wood roof sheathing or
950 fascia as needed during roof repair or replacement; and the
951 evaluation and enhancement of roof-to-wall connections for
952 structures with wood roof decking as described in Section 706 of
953 the Florida Building Code-Existing Building, provided that any
954 enhancement, which was properly installed and inspected in
955 accordance with the Office of Insurance Regulation uniform
956 mitigation verification inspection form, the Florida Building
957 Code, or project specific engineering that exceeds these
958 requirements, is done in conjunction with a roof covering
959 replacement or repair.
960 (f) “Class A air-conditioning contractor” means a
961 contractor whose services are unlimited in the execution of
962 contracts requiring the experience, knowledge, and skill to
963 install, maintain, repair, fabricate, alter, extend, or design,
964 if not prohibited by law, central air-conditioning,
965 refrigeration, heating, and ventilating systems, including duct
966 work in connection with a complete system if such duct work is
967 performed by the contractor as necessary to complete an air
968 distribution system, boiler and unfired pressure vessel systems,
969 and all appurtenances, apparatus, or equipment used in
970 connection therewith, and any duct cleaning and equipment
971 sanitizing that requires at least a partial disassembling of the
972 system; to install, maintain, repair, fabricate, alter, extend,
973 or design, if not prohibited by law, piping, insulation of
974 pipes, vessels and ducts, pressure and process piping, and
975 pneumatic control piping; to replace, disconnect, or reconnect
976 power wiring on the line or load side of the dedicated existing
977 electrical disconnect switch on single phase electrical systems;
978 to repair or replace power wiring, disconnects, breakers, or
979 fuses for dedicated HVAC circuits with proper use of a circuit
980 breaker lock; to install, disconnect, and reconnect low voltage
981 heating, ventilating, and air-conditioning control wiring; and
982 to install a condensate drain from an air-conditioning unit to
983 an existing safe waste or other approved disposal other than a
984 direct connection to a sanitary system. The scope of work for
985 such contractor also includes any excavation work incidental
986 thereto, but does not include any work such as liquefied
987 petroleum or natural gas fuel lines within buildings, except for
988 disconnecting or reconnecting changeouts of liquefied petroleum
989 or natural gas appliances within buildings; potable water lines
990 or connections thereto; sanitary sewer lines; swimming pool
991 piping and filters; or electrical power wiring. A Class A air
992 conditioning contractor may test and evaluate central air
993 conditioning, refrigeration, heating, and ventilating systems,
994 including duct work; however, a mandatory licensing requirement
995 is not established for the performance of these specific
996 services.
997 (g) “Class B air-conditioning contractor” means a
998 contractor whose services are limited to 25 tons of cooling and
999 500,000 Btu of heating in any one system in the execution of
1000 contracts requiring the experience, knowledge, and skill to
1001 install, maintain, repair, fabricate, alter, extend, or design,
1002 if not prohibited by law, central air-conditioning,
1003 refrigeration, heating, and ventilating systems, including duct
1004 work in connection with a complete system only to the extent
1005 such duct work is performed by the contractor as necessary to
1006 complete an air-distribution system being installed under this
1007 classification, and any duct cleaning and equipment sanitizing
1008 that requires at least a partial disassembling of the system; to
1009 install, maintain, repair, fabricate, alter, extend, or design,
1010 if not prohibited by law, piping and insulation of pipes,
1011 vessels, and ducts; to replace, disconnect, or reconnect power
1012 wiring on the line or load side of the dedicated existing
1013 electrical disconnect switch on single phase electrical systems;
1014 to repair or replace power wiring, disconnects, breakers, or
1015 fuses for dedicated HVAC circuits with proper use of a circuit
1016 breaker lock; to install, disconnect, and reconnect low voltage
1017 heating, ventilating, and air-conditioning control wiring; and
1018 to install a condensate drain from an air-conditioning unit to
1019 an existing safe waste or other approved disposal other than a
1020 direct connection to a sanitary system. The scope of work for
1021 such contractor also includes any excavation work incidental
1022 thereto, but does not include any work such as liquefied
1023 petroleum or natural gas fuel lines within buildings, except for
1024 disconnecting or reconnecting changeouts of liquefied petroleum
1025 or natural gas appliances within buildings; potable water lines
1026 or connections thereto; sanitary sewer lines; swimming pool
1027 piping and filters; or electrical power wiring. A Class B air
1028 conditioning contractor may test and evaluate central air
1029 conditioning, refrigeration, heating, and ventilating systems,
1030 including duct work; however, a mandatory licensing requirement
1031 is not established for the performance of these specific
1032 services.
1033 (h) “Class C air-conditioning contractor” means a
1034 contractor whose business is limited to the servicing of air
1035 conditioning, heating, or refrigeration systems, including any
1036 duct cleaning and equipment sanitizing that requires at least a
1037 partial disassembling of the system, and whose certification or
1038 registration, issued pursuant to this part, was valid on October
1039 1, 1988. Only a person who was registered or certified as a
1040 Class C air-conditioning contractor as of October 1, 1988, shall
1041 be so registered or certified after October 1, 1988. However,
1042 the board shall continue to license and regulate those Class C
1043 air-conditioning contractors who held Class C licenses before
1044 October 1, 1988.
1045 (i) “Mechanical contractor” means a contractor whose
1046 services are unlimited in the execution of contracts requiring
1047 the experience, knowledge, and skill to install, maintain,
1048 repair, fabricate, alter, extend, or design, if not prohibited
1049 by law, central air-conditioning, refrigeration, heating, and
1050 ventilating systems, including duct work in connection with a
1051 complete system if such duct work is performed by the contractor
1052 as necessary to complete an air-distribution system, boiler and
1053 unfired pressure vessel systems, lift station equipment and
1054 piping, and all appurtenances, apparatus, or equipment used in
1055 connection therewith, and any duct cleaning and equipment
1056 sanitizing that requires at least a partial disassembling of the
1057 system; to install, maintain, repair, fabricate, alter, extend,
1058 or design, if not prohibited by law, piping, insulation of
1059 pipes, vessels and ducts, pressure and process piping, pneumatic
1060 control piping, gasoline tanks and pump installations and piping
1061 for same, standpipes, air piping, vacuum line piping, oxygen
1062 lines, nitrous oxide piping, ink and chemical lines, fuel
1063 transmission lines, liquefied petroleum gas lines within
1064 buildings, and natural gas fuel lines within buildings; to
1065 replace, disconnect, or reconnect power wiring on the line or
1066 load side of the dedicated existing electrical disconnect switch
1067 on single phase electrical systems; to repair or replace power
1068 wiring, disconnects, breakers, or fuses for dedicated HVAC
1069 circuits with proper use of a circuit breaker lock; to install,
1070 disconnect, and reconnect low voltage heating, ventilating, and
1071 air-conditioning control wiring; and to install a condensate
1072 drain from an air-conditioning unit to an existing safe waste or
1073 other approved disposal other than a direct connection to a
1074 sanitary system. The scope of work for such contractor also
1075 includes any excavation work incidental thereto, but does not
1076 include any work such as potable water lines or connections
1077 thereto, sanitary sewer lines, swimming pool piping and filters,
1078 or electrical power wiring. A mechanical contractor may test and
1079 evaluate central air-conditioning, refrigeration, heating, and
1080 ventilating systems, including duct work; however, a mandatory
1081 licensing requirement is not established for the performance of
1082 these specific services.
1083 (j) “Commercial pool/spa contractor” means a contractor
1084 whose scope of work involves, but is not limited to, the
1085 construction, repair, and servicing of any swimming pool, or hot
1086 tub or spa, whether public, private, or otherwise, regardless of
1087 use. The scope of work includes the installation, repair, or
1088 replacement of existing equipment, any cleaning or equipment
1089 sanitizing that requires at least a partial disassembling,
1090 excluding filter changes, and the installation of new pool/spa
1091 equipment, interior finishes, the installation of package pool
1092 heaters, the installation of all perimeter piping and filter
1093 piping, and the construction of equipment rooms or housing for
1094 pool/spa equipment, and also includes the scope of work of a
1095 swimming pool/spa servicing contractor. The scope of such work
1096 does not include direct connections to a sanitary sewer system
1097 or to potable water lines. The installation, construction,
1098 modification, or replacement of equipment permanently attached
1099 to and associated with the pool or spa for the purpose of water
1100 treatment or cleaning of the pool or spa requires licensure;
1101 however, the usage of such equipment for the purposes of water
1102 treatment or cleaning does not require licensure unless the
1103 usage involves construction, modification, or replacement of
1104 such equipment. Water treatment that does not require such
1105 equipment does not require a license. In addition, a license is
1106 not required for the cleaning of the pool or spa in a way that
1107 does not affect the structural integrity of the pool or spa or
1108 its associated equipment.
1109 (k) “Residential pool/spa contractor” means a contractor
1110 whose scope of work involves, but is not limited to, the
1111 construction, repair, and servicing of a residential swimming
1112 pool, or hot tub or spa, regardless of use. The scope of work
1113 includes the installation, repair, or replacement of existing
1114 equipment, any cleaning or equipment sanitizing that requires at
1115 least a partial disassembling, excluding filter changes, and the
1116 installation of new pool/spa equipment, interior finishes, the
1117 installation of package pool heaters, the installation of all
1118 perimeter piping and filter piping, and the construction of
1119 equipment rooms or housing for pool/spa equipment, and also
1120 includes the scope of work of a swimming pool/spa servicing
1121 contractor. The scope of such work does not include direct
1122 connections to a sanitary sewer system or to potable water
1123 lines. The installation, construction, modification, or
1124 replacement of equipment permanently attached to and associated
1125 with the pool or spa for the purpose of water treatment or
1126 cleaning of the pool or spa requires licensure; however, the
1127 usage of such equipment for the purposes of water treatment or
1128 cleaning does not require licensure unless the usage involves
1129 construction, modification, or replacement of such equipment.
1130 Water treatment that does not require such equipment does not
1131 require a license. In addition, a license is not required for
1132 the cleaning of the pool or spa in a way that does not affect
1133 the structural integrity of the pool or spa or its associated
1134 equipment.
1135 (l) “Swimming pool/spa servicing contractor” means a
1136 contractor whose scope of work involves, but is not limited to,
1137 the repair and servicing of a swimming pool, or hot tub or spa,
1138 whether public or private, or otherwise, regardless of use. The
1139 scope of work includes the repair or replacement of existing
1140 equipment, any cleaning or equipment sanitizing that requires at
1141 least a partial disassembling, excluding filter changes, and the
1142 installation of new pool/spa equipment, interior refinishing,
1143 the reinstallation or addition of pool heaters, the repair or
1144 replacement of all perimeter piping and filter piping, the
1145 repair of equipment rooms or housing for pool/spa equipment, and
1146 the substantial or complete draining of a swimming pool, or hot
1147 tub or spa, for the purpose of repair or renovation. The scope
1148 of such work does not include direct connections to a sanitary
1149 sewer system or to potable water lines. The installation,
1150 construction, modification, substantial or complete disassembly,
1151 or replacement of equipment permanently attached to and
1152 associated with the pool or spa for the purpose of water
1153 treatment or cleaning of the pool or spa requires licensure;
1154 however, the usage of such equipment for the purposes of water
1155 treatment or cleaning does not require licensure unless the
1156 usage involves construction, modification, substantial or
1157 complete disassembly, or replacement of such equipment. Water
1158 treatment that does not require such equipment does not require
1159 a license. In addition, a license is not required for the
1160 cleaning of the pool or spa in a way that does not affect the
1161 structural integrity of the pool or spa or its associated
1162 equipment.
1163 (m) “Plumbing contractor” means a contractor whose services
1164 are unlimited in the plumbing trade and includes contracting
1165 business consisting of the execution of contracts requiring the
1166 experience, financial means, knowledge, and skill to install,
1167 maintain, repair, alter, extend, or, if not prohibited by law,
1168 design plumbing. A plumbing contractor may install, maintain,
1169 repair, alter, extend, or, if not prohibited by law, design the
1170 following without obtaining an additional local regulatory
1171 license, certificate, or registration: sanitary drainage or
1172 storm drainage facilities, water and sewer plants and
1173 substations, venting systems, public or private water supply
1174 systems, septic tanks, drainage and supply wells, swimming pool
1175 piping, irrigation systems, and solar heating water systems and
1176 all appurtenances, apparatus, or equipment used in connection
1177 therewith, including boilers and pressure process piping and
1178 including the installation of water, natural gas, liquefied
1179 petroleum gas and related venting, and storm and sanitary sewer
1180 lines. The scope of work of the plumbing contractor also
1181 includes the design, if not prohibited by law, and installation,
1182 maintenance, repair, alteration, or extension of air-piping,
1183 vacuum line piping, oxygen line piping, nitrous oxide piping,
1184 and all related medical gas systems; fire line standpipes and
1185 fire sprinklers if authorized by law; ink and chemical lines;
1186 fuel oil and gasoline piping and tank and pump installation,
1187 except bulk storage plants; and pneumatic control piping
1188 systems, all in a manner that complies with all plans,
1189 specifications, codes, laws, and regulations applicable. The
1190 scope of work of the plumbing contractor applies to private
1191 property and public property, including any excavation work
1192 incidental thereto, and includes the work of the specialty
1193 plumbing contractor. Such contractor shall subcontract, with a
1194 qualified contractor in the field concerned, all other work
1195 incidental to the work but which is specified as being the work
1196 of a trade other than that of a plumbing contractor. This
1197 definition does not limit the scope of work of any specialty
1198 contractor certified pursuant to s. 489.113(6) and does not
1199 require certification or registration under this part as a
1200 category I liquefied petroleum gas dealer, or category V LP gas
1201 installer, as defined in s. 527.01, who is licensed under
1202 chapter 527 or an authorized employee of a public natural gas
1203 utility or of a private natural gas utility regulated by the
1204 Public Service Commission when disconnecting and reconnecting
1205 water lines in the servicing or replacement of an existing water
1206 heater. A plumbing contractor may perform drain cleaning and
1207 clearing and install or repair rainwater catchment systems;
1208 however, a mandatory licensing requirement is not established
1209 for the performance of these specific services.
1210 (n) “Underground utility and excavation contractor” means a
1211 contractor whose services are limited to the construction,
1212 installation, and repair, on public or private property, whether
1213 accomplished through open excavations or through other means,
1214 including, but not limited to, directional drilling, auger
1215 boring, jacking and boring, trenchless technologies, wet and dry
1216 taps, grouting, and slip lining, of main sanitary sewer
1217 collection systems, main water distribution systems, storm sewer
1218 collection systems, and the continuation of utility lines from
1219 the main systems to a point of termination up to and including
1220 the meter location for the individual occupancy, sewer
1221 collection systems at property line on residential or single
1222 occupancy commercial properties, or on multioccupancy properties
1223 at manhole or wye lateral extended to an invert elevation as
1224 engineered to accommodate future building sewers, water
1225 distribution systems, or storm sewer collection systems at storm
1226 sewer structures. However, an underground utility and excavation
1227 contractor may install empty underground conduits in rights-of
1228 way, easements, platted rights-of-way in new site development,
1229 and sleeves for parking lot crossings no smaller than 2 inches
1230 in diameter if each conduit system installed is designed by a
1231 licensed professional engineer or an authorized employee of a
1232 municipality, county, or public utility and the installation of
1233 such conduit does not include installation of any conductor
1234 wiring or connection to an energized electrical system. An
1235 underground utility and excavation contractor may not install
1236 piping that is an integral part of a fire protection system as
1237 defined in s. 633.102 beginning at the point where the piping is
1238 used exclusively for such system.
1239 (o) “Solar contractor” means a contractor whose services
1240 consist of the installation, alteration, repair, maintenance,
1241 relocation, or replacement of solar panels for potable solar
1242 water heating systems, swimming pool solar heating systems, and
1243 photovoltaic systems and any appurtenances, apparatus, or
1244 equipment used in connection therewith, whether public, private,
1245 or otherwise, regardless of use. A contractor, certified or
1246 registered pursuant to this chapter, is not required to become a
1247 certified or registered solar contractor or to contract with a
1248 solar contractor in order to provide services enumerated in this
1249 paragraph that are within the scope of the services such
1250 contractors may render under this part.
1251 (p) “Pollutant storage systems contractor” means a
1252 contractor whose services are limited to, and who has the
1253 experience, knowledge, and skill to install, maintain, repair,
1254 alter, extend, or design, if not prohibited by law, and use
1255 materials and items used in the installation, maintenance,
1256 extension, and alteration of, pollutant storage tanks. Any
1257 person installing a pollutant storage tank shall perform such
1258 installation in accordance with the standards adopted pursuant
1259 to s. 376.303.
1260 (q) “Irrigation contractor” means a contractor whose
1261 services are unlimited in the landscape irrigation trade and who
1262 possesses the experience, knowledge, and skill necessary to
1263 sell, install, design, consult, maintain, alter, repair, or
1264 service an irrigation system, including the connection of such
1265 system to a private or public water supply. This includes system
1266 connection to water wells in unincorporated areas.
1267 (r)(q) “Specialty contractor” means a contractor whose
1268 scope of work and responsibility is limited to a particular
1269 phase of construction established in a category adopted by board
1270 rule and whose scope is limited to a subset of the activities
1271 described in one of the paragraphs of this subsection.
1272 Section 12. Subsections (2) and (4) of section 489.107,
1273 Florida Statutes, are amended, and subsection (1) of that
1274 section is republished, to read:
1275 489.107 Construction Industry Licensing Board.—
1276 (1) To carry out the provisions of this part, there is
1277 created within the department the Construction Industry
1278 Licensing Board. Members shall be appointed by the Governor,
1279 subject to confirmation by the Senate. Members shall be
1280 appointed for 4-year terms. A vacancy on the board shall be
1281 filled for the unexpired portion of the term in the same manner
1282 as the original appointment. No member shall serve more than two
1283 consecutive 4-year terms or more than 11 years on the board.
1284 (2) The board shall consist of 19 18 members, of whom:
1285 (a) Four are primarily engaged in business as general
1286 contractors;
1287 (b) Three are primarily engaged in business as building
1288 contractors or residential contractors, however, at least one
1289 building contractor and one residential contractor shall be
1290 appointed;
1291 (c) One is primarily engaged in business as a roofing
1292 contractor;
1293 (d) One is primarily engaged in business as a sheet metal
1294 contractor;
1295 (e) One is primarily engaged in business as an air
1296 conditioning contractor;
1297 (f) One is primarily engaged in business as a mechanical
1298 contractor;
1299 (g) One is primarily engaged in business as a pool
1300 contractor;
1301 (h) One is primarily engaged in business as a plumbing
1302 contractor;
1303 (i) One is primarily engaged in business as an underground
1304 utility and excavation contractor;
1305 (j) One is primarily engaged in business as a landscape
1306 irrigation contractor;
1307 (k)(j) Two are consumer members who are not, and have never
1308 been, members or practitioners of a profession regulated by the
1309 board or members of any closely related profession; and
1310 (l)(k) Two are building officials of a municipality or
1311 county.
1312 (4) The board shall be divided into two divisions, Division
1313 I and Division II.
1314 (a) Division I consists is comprised of the general
1315 contractor, building contractor, and residential contractor
1316 members of the board; one of the members appointed pursuant to
1317 paragraph (2)(k) (2)(j); and one of the members appointed
1318 pursuant to paragraph (2)(l)(2)(k). Division I has jurisdiction
1319 over the regulation of general contractors, building
1320 contractors, and residential contractors.
1321 (b) Division II consists is comprised of the roofing
1322 contractor, sheet metal contractor, air-conditioning contractor,
1323 mechanical contractor, pool contractor, plumbing contractor,
1324 licensed irrigation contractor, and underground utility and
1325 excavation contractor members of the board; one of the members
1326 appointed pursuant to paragraph (2)(k) (2)(j); and one of the
1327 members appointed pursuant to paragraph (2)(l) (2)(k). Division
1328 II has jurisdiction over the regulation of contractors defined
1329 in s. 489.105(3)(d)-(q) s. 489.105(3)(d)-(p).
1330 (c) Jurisdiction for the regulation of specialty
1331 contractors defined in s. 489.105(3)(r) s. 489.105(3)(q) shall
1332 lie with the division having jurisdiction over the scope of work
1333 of the specialty contractor as defined by board rule.
1334 Section 13. Subsection (2) of section 489.111, Florida
1335 Statutes, is amended to read:
1336 489.111 Licensure by examination.—
1337 (2) A person shall be eligible for licensure by examination
1338 if the person:
1339 (a) Is 18 years of age;
1340 (b) Is of good moral character; and
1341 (c) Meets eligibility requirements according to one of the
1342 following criteria:
1343 1. Has received a baccalaureate degree from an accredited
1344 4-year college in the appropriate field of engineering,
1345 architecture, or building construction and has 1 year of proven
1346 experience in the category in which the person seeks to qualify.
1347 For the purpose of this part, a minimum of 2,000 person-hours
1348 shall be used in determining full-time equivalency. An applicant
1349 who is exempt from passing an examination under s. 489.113(1) is
1350 eligible for a license under this section.
1351 2. Has a total of at least 4 years of active experience as
1352 a worker who has learned the trade by serving an apprenticeship
1353 as a skilled worker who is able to command the rate of a
1354 mechanic in the particular trade or as a foreman who is in
1355 charge of a group of workers and usually is responsible to a
1356 superintendent or a contractor or his or her equivalent;
1357 provided, however, that at least 1 year of active experience
1358 shall be as a foreman.
1359 3. Has a combination of not less than 1 year of experience
1360 as a foreman and not less than 3 years of credits for any
1361 accredited college-level courses; has a combination of not less
1362 than 1 year of experience as a skilled worker, 1 year of
1363 experience as a foreman, and not less than 2 years of credits
1364 for any accredited college-level courses; or has a combination
1365 of not less than 2 years of experience as a skilled worker, 1
1366 year of experience as a foreman, and not less than 1 year of
1367 credits for any accredited college-level courses. All junior
1368 college or community college-level courses shall be considered
1369 accredited college-level courses.
1370 4.a. An active certified residential contractor is eligible
1371 to receive a certified building contractor license after passing
1372 or having previously passed the building contractors’
1373 examination if he or she possesses a minimum of 3 years of
1374 proven experience in the classification in which he or she is
1375 certified.
1376 b. An active certified residential contractor is eligible
1377 to receive a certified general contractor license after passing
1378 or having previously passed the general contractors’ examination
1379 if he or she possesses a minimum of 4 years of proven experience
1380 in the classification in which he or she is certified.
1381 c. An active certified building contractor is eligible to
1382 receive a certified general contractor license after passing or
1383 having previously passed the general contractors’ examination if
1384 he or she possesses a minimum of 4 years of proven experience in
1385 the classification in which he or she is certified.
1386 5.a. An active certified air-conditioning Class C
1387 contractor is eligible to receive a certified air-conditioning
1388 Class B contractor license after passing or having previously
1389 passed the air-conditioning Class B contractors’ examination if
1390 he or she possesses a minimum of 3 years of proven experience in
1391 the classification in which he or she is certified.
1392 b. An active certified air-conditioning Class C contractor
1393 is eligible to receive a certified air-conditioning Class A
1394 contractor license after passing or having previously passed the
1395 air-conditioning Class A contractors’ examination if he or she
1396 possesses a minimum of 4 years of proven experience in the
1397 classification in which he or she is certified.
1398 c. An active certified air-conditioning Class B contractor
1399 is eligible to receive a certified air-conditioning Class A
1400 contractor license after passing or having previously passed the
1401 air-conditioning Class A contractors’ examination if he or she
1402 possesses a minimum of 1 year of proven experience in the
1403 classification in which he or she is certified.
1404 6.a. An active certified swimming pool servicing contractor
1405 is eligible to receive a certified residential swimming pool
1406 contractor license after passing or having previously passed the
1407 residential swimming pool contractors’ examination if he or she
1408 possesses a minimum of 3 years of proven experience in the
1409 classification in which he or she is certified.
1410 b. An active certified swimming pool servicing contractor
1411 is eligible to receive a certified commercial swimming pool
1412 contractor license after passing or having previously passed the
1413 swimming pool commercial contractors’ examination if he or she
1414 possesses a minimum of 4 years of proven experience in the
1415 classification in which he or she is certified.
1416 c. An active certified residential swimming pool contractor
1417 is eligible to receive a certified commercial swimming pool
1418 contractor license after passing or having previously passed the
1419 commercial swimming pool contractors’ examination if he or she
1420 possesses a minimum of 1 year of proven experience in the
1421 classification in which he or she is certified.
1422 d. An applicant is eligible to receive a certified swimming
1423 pool/spa servicing contractor license after passing or having
1424 previously passed the swimming pool/spa servicing contractors’
1425 examination if he or she has satisfactorily completed 60 hours
1426 of instruction in courses related to the scope of work covered
1427 by that license and approved by the Construction Industry
1428 Licensing Board by rule and has at least 1 year of proven
1429 experience related to the scope of work of such a contractor.
1430 7. An applicant may submit an application to the department
1431 to take the irrigation contractors’ examination after he or she
1432 satisfactorily completes 60 hours of instruction in courses
1433 related to the scope of work covered by that license and
1434 approved by the Construction Industry Licensing Board by rule.
1435 Section 14. Paragraph (a) of subsection (4) of section
1436 489.117, Florida Statutes, is amended to read:
1437 489.117 Registration; specialty contractors.—
1438 (4)(a)1. A person whose job scope does not substantially
1439 correspond to either the job scope of one of the contractor
1440 categories defined in s. 489.105(3)(a)-(o), or the job scope of
1441 one of the certified specialty contractor categories established
1442 by board rule, is not required to register with the board. A
1443 local government, as defined in s. 163.211, may not require a
1444 person to obtain a license, issued by the local government or
1445 the state, for a job scope which does not substantially
1446 correspond to the job scope of one of the contractor categories
1447 defined in s. 489.105(3)(a)-(o) and (r) s. 489.105(3)(a)-(o) and
1448 (q) or authorized in s. 489.1455(1), or the job scope of one of
1449 the certified specialty contractor categories established
1450 pursuant to s. 489.113(6). A local government may not require a
1451 state or local license to obtain a permit for such job scopes.
1452 For purposes of this section, job scopes for which a local
1453 government may not require a license include, but are not
1454 limited to, painting; flooring; cabinetry; interior remodeling
1455 when the scope of the project does not include a task for which
1456 a state license is required; driveway or tennis court
1457 installation; handyman services; decorative stone, tile, marble,
1458 granite, or terrazzo installation; plastering; pressure washing;
1459 stuccoing; caulking; and canvas awning and ornamental iron
1460 installation.
1461 2. A county that includes an area designated as an area of
1462 critical state concern under s. 380.05 may offer a license for
1463 any job scope which requires a contractor license under this
1464 part if the county imposed such a licensing requirement before
1465 January 1, 2021.
1466 3. A local government may continue to offer a license for
1467 veneer, including aluminum or vinyl gutters, siding, soffit, or
1468 fascia; rooftop painting, coating, and cleaning above three
1469 stories in height; or fence installation and erection if the
1470 local government imposed such a licensing requirement before
1471 January 1, 2021.
1472 4. A local government may not require a license as a
1473 prerequisite to submit a bid for public works projects if the
1474 work to be performed does not require a license under general
1475 law.
1476 Section 15. Subsection (1) of section 489.118, Florida
1477 Statutes, is amended to read:
1478 489.118 Certification of registered contractors;
1479 grandfathering provisions.—The board shall, upon receipt of a
1480 completed application and appropriate fee, issue a certificate
1481 in the appropriate category to any contractor registered under
1482 this part who makes application to the board and can show that
1483 he or she meets each of the following requirements:
1484 (1) Currently holds a valid registered local license in one
1485 of the contractor categories defined in s. 489.105(3)(a)-(q) s.
1486 489.105(3)(a)-(p).
1487 Section 16. Subsection (2) of section 489.141, Florida
1488 Statutes, is amended to read:
1489 489.141 Conditions for recovery; eligibility.—
1490 (2) A claimant is not qualified to make a claim for
1491 recovery from the recovery fund if:
1492 (a) The claimant is the spouse of the judgment debtor or
1493 licensee or a personal representative of such spouse;
1494 (b) The claimant is a licensee who acted as the contractor
1495 in the transaction that is the subject of the claim;
1496 (c) The claim is based upon a construction contract in
1497 which the licensee was acting with respect to the property owned
1498 or controlled by the licensee;
1499 (d) The claim is based upon a construction contract in
1500 which the contractor did not hold a valid and current license at
1501 the time of the construction contract;
1502 (e) The claimant was associated in a business relationship
1503 with the licensee other than the contract at issue; or
1504 (f) The claimant had entered into a contract with a
1505 licensee to perform a scope of work described in s.
1506 489.105(3)(d)-(r) s. 489.105(3)(d)-(q) before July 1, 2016.
1507 Section 17. This act shall take effect July 1, 2026.