SB 508 full text · Session Watch

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.

87 Be It Enacted by the Legislature of the State of Florida:

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.~~

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.