HB 611 full text · Session Watch

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 government 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 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

131 recreational 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

138 location of a specific property. This includes rural route

139 numbers but excludes post office box numbers. If a lot number in

140 a mobile home park or similar community is used by the United

141 States Postal Service to determine a delivery location, the lot

142 number is the property's address. An even-numbered address means

143 an address ending in the numbers 0, 2, 4, 6, or 8 or the letters

144 A-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

161 flow in one direction and is installed on any sprinkler where

162 low point drainage occurs or if the sprinkler is located lower

163 than 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

186 water from integrated and evenly spaced emitters, perforations,

187 or a 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

206 sprinkler incorporating a means of connecting to a piping system

207 and 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

227 appropriate 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 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

289 device that uses small-diameter tubing and small orifice micro-

290 spray heads to limit water output and deliver water more

291 directly to the plant root zone by converting irrigation water

292 pressure to discharge water at a flow rate not exceeding 30

293 gallons per hour or 113.5 liters per hour at the largest area of

294 coverage available for the nozzle series when operated at 30

295 pounds per square inch. Micro-spraying includes the use of

296 micro-bubblers, 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 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

323 in municipal wastewater facilities, has received at least

324 secondary treatment and basic disinfection, and is safe to use

325 for 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

334 water in a pattern to a defined landscape area by means of one

335 or more 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

356 a 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 an 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

394 or 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

540 pounds per square inch at each spray head or 40 to 50 pounds per

541 square 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

545 controller that includes a weather-based irrigation controller.

546 Such 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

623 controller.

624 (2) VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS.—

625 (a) A local government may grant a variance from the

626 specific landscape irrigation watering schedule set forth in

627 subsection (1) for any of the following reasons:

628 1. Strict adherence to the watering schedule would lead to

629 unreasonable or unfair results in particular instances, provided

630 that the applicant demonstrates with particularity that

631 compliance with the schedule will result in a substantial

632 economic, health, or other hardship on the applicant requesting

633 the variance or those served by the applicant; or

634 2. A contiguous property is divided into different zones,

635 such that each zone must be irrigated on different days than

636 other zones of the property.

637 (b) A local government may not grant a variance to allow a

638 single zone to be irrigated more than 2 days per week during

639 daylight saving time or more than 1 day per week during Eastern

640 Standard Time or Central Standard Time.

641 (3) EXCEPTIONS TO THE LANDSCAPE IRRIGATION WATERING

642 SCHEDULE.—Landscape irrigation is subject to the following

643 landscape irrigation watering schedule exceptions:

644 (a) Irrigation using a micro-spray, micro-jet, drip, or

645 bubbler irrigation system is allowed at any time.

646 (b) Irrigation of a new landscape is allowed at any time

647 of day on any day for the initial 30 days after installation and

648 every other day for the next 30 days, for a total of one 60-day

649 period, provided that the irrigation is limited to the minimum

650 amount necessary for such landscape establishment.

651 (c) Watering-in of chemicals, including insecticides,

652 pesticides, fertilizers, fungicides, and herbicides, when

653 required by law or when recommended by the manufacturer or best

654 management practices, is allowed at any time of day on any day

655 within 24 hours after application. Watering-in of chemicals may

656 not exceed 0.25 inches of water per application, except as

657 otherwise required by law or recommended by the manufacturer or

658 best management practices.

659 (d) Irrigation systems may be operated at any time of day

660 on any day for maintenance and repair purposes, not to exceed 20

661 minutes per hour per zone.

662 (e) Irrigation using a handheld hose equipped with an

663 automatic shut-off nozzle is allowed at any time of day on any

664 day.

665 (f) Discharge of water from a water-to-air air-

666 conditioning unit or other water-dependent cooling system is not

667 restricted by this section.

668 (g) The use of water from a reclaimed water system is

669 allowed at any time. For the purposes of this paragraph, a

670 reclaimed water system includes systems in which the primary

671 source is reclaimed water, which may or may not be supplemented

672 from another source during peak demand periods.

673 (h) The use of recycled water from wet detention treatment

674 ponds for irrigation is allowed at any time, provided the ponds

675 are not augmented from any ground or off-site surface water or

676 public supply sources.

677 (4) ADDITIONAL REQUIREMENTS.—

678 (a) A spray sprinkler body that is not specifically

679 excluded from the scope of the United States Environmental

680 Protection Agency's WaterSense Specification for Spray Sprinkler

681 Bodies, Version 1.0 program must include an integral pressure

682 regulator and must meet the water efficiency and performance

683 criteria of the program.

684 (b) Beginning July 1, 2027, a person may not sell, offer

685 for sale, lease, or install for compensation a new spray

686 sprinkler body unless the product includes a mark, label, or tag

687 denoting that the product meets or exceeds water efficiency and

688 performance criteria described in paragraph (a).

689 Section 7. Section 373.1867, Florida Statutes, is created to read:

691 373.1867 Enforcement and penalties.—

692 (1) A licensed irrigation contractor as defined in s.

693 489.105(3)(q) shall report landscape irrigation systems that are

694 not in compliance with this act to the irrigation inspector or

695 such personnel as designated by the respective local government.

696 (2) The department, in coordination with local

697 governments, shall authorize law enforcement personnel or other

698 government staff as the enforcement officials.

699 (a)1. Each violation of s. 373.1865 or s. 373.1866 is

700 subject to the following fines or penalties:

701 a. A written warning for a first violation.

702 b. A $50 fine for a second violation.

703 c. A fine not to exceed $500 for all subsequent

704 violations.

705 2. Funds generated by penalties imposed pursuant to

706 subparagraph 1. shall be used by the respective local government

707 for the administration and enforcement of this act and to

708 further water conservation activities.

709 (b) Regular maintenance and replacement of worn or broken

710 components which interrupts or inhibits the operation of a

711 landscape irrigation system is not a violation of this act if

712 such repairs are conducted within a reasonable time.

713 (c) Enforcement officials may not provide violators with

714 more than one written warning before assessing a fine.

715 (d) The appropriate local government may take any other

716 appropriate legal action, including, but not limited to,

717 injunctive action, to enforce this section.

718 Section 8. Section 373.1868, Florida Statutes, is created

719 to read:

720 373.1868 Severability; conflicting law, rules, or

721 regulations.—

722 (1) If any provision of this act or its application to any

723 person or circumstance is held to be invalid by a court of

724 competent jurisdiction, the invalidity does not affect other

725 provisions or applications of this act which can be given effect

726 without the invalid provision or application, and to this end

727 the provisions of this act are severable.

728 (2) It is unlawful for any governmental entity to adopt or

729 to attempt to enforce any law, rule, or regulation in conflict

730 with the provisions of this act.

731 Section 9. Section 373.1869, Florida Statutes, is created

732 to read:

733 373.1869 Rulemaking.—The department may adopt rules to

734 implement this act.

735 Section 10. Section 373.62, Florida Statutes, is amended

736 to read:

737 373.62 Water conservation; automatic sprinkler systems.—

738 (1) A licensed irrigation contractor ~~Any person~~ who

739 purchases and installs an automatic landscape irrigation system

740 shall ~~must~~ properly install, maintain, and operate technology

741 that inhibits or interrupts operation of the system during

742 periods of sufficient moisture.

743 (2) A licensed irrigation contractor who installs or

744 performs work on an automatic landscape irrigation system shall

745 ~~must~~ test for the correct operation of each inhibiting or

746 interrupting device or switch on that system. If such devices or

747 switches are not installed in the system or are not in proper

748 operating condition, the licensed irrigation contractor must

749 install new ones or repair the existing ones and confirm that

750 each device or switch is in proper operating condition before

751 completing other work on the system.

752 (3) ~~The department shall create a model ordinance by~~

753 ~~January 15, 2010, that may be adopted and enforced by local~~

754 ~~governments. The ordinance must, at a minimum:~~

755 ~~(a) Require licensed contractors to report automatic~~

756 ~~landscape irrigation systems that are not in compliance with~~

757 ~~this section to the appropriate authority.~~

758 ~~(b) Provide penalties for licensed contractors who do not~~

759 ~~comply with this section. The minimum penalty must be $50 for a~~

760 ~~first offense, $100 for a second offense, and $250 for a third~~

761 ~~or subsequent offense.~~

763 ~~Regular maintenance and replacement of worn or broken technology~~

764 ~~which interrupts or inhibits the operation of an automatic~~

765 ~~landscape irrigation system is not a violation of this section~~

766 ~~if such repairs are conducted within a reasonable time.~~

767 ~~(4) Local governments may adopt the model ordinance by~~

768 ~~October 1, 2010. Local governments that impose requirements that~~

769 ~~are more stringent than the model ordinance are exempt from~~

770 ~~adopting the ordinance.~~

771 ~~(5) Funds generated by penalties imposed under the~~

772 ~~ordinance shall be used by the local government for the~~

773 ~~administration and enforcement of this section and to further~~

774 ~~water conservation activities.~~

775 ~~(6)~~ For purposes of this section, a licensed irrigation

776 contractor includes an individual who holds a specific

777 irrigation contractor's license issued by a county.

778 ~~(4)(a)(7)(a)~~ The Legislature recognizes that lawn and

779 landscape irrigation systems use a substantial amount of the

780 state's potable water. The Legislature finds that smart

781 irrigation systems that use soil moisture sensors with remote

782 monitoring and adjustment capabilities, if properly installed

783 and monitored, provide more efficient irrigation and save

784 substantially more water than conventional time-controlled

785 irrigation systems. This is because smart irrigation systems

786 apply water to lawns and plants only as necessary to maintain

787 required soil moisture, thus minimizing the overwatering or

788 unnecessary watering that occurs with conventional irrigation

789 systems. However, in order for this technology to optimize the

790 efficient application of water it cannot be subject to day or

791 days-of-the-week watering restrictions. The Legislature,

792 therefore, recognizes that enacting a statewide process to

793 provide an exemption from local water restriction ordinances

794 will accelerate the adoption of this water saving technology.

795 Further, a uniform exemption process will streamline variance

796 procedures and minimize delay in implementing such technology.

797 The longer it takes to approve soil moisture sensor control

798 systems, the more potable water is wasted. A uniform variance

799 process will allow state residents to maintain their property

800 and protect water resources while enjoying their landscapes.

801 (b) For purposes of this subsection, the term:

802 1. "Monitoring entity" means a local government, community

803 development district created pursuant to chapter 190, a

804 homeowners' association created pursuant to chapter 720, a

805 condominium association created pursuant to chapter 718, a

806 cooperative created pursuant to chapter 719, or a public or

807 private utility.

808 2. "Soil moisture sensor" means a soil-based device that

809 assesses the available plant soil moisture in order to minimize

810 the unnecessary use of water and optimize the effectiveness of

811 an irrigation system.

812 3. "Soil moisture sensor control system" is the collective

813 term for an entire soil moisture sensor system that has remote

814 monitoring and adjustment capability.

815 (c) A variance from day or days-of-the-week watering

816 schedules pursuant to s. 373.1866 ~~restrictions,~~ which includes

817 ~~shall include~~ the maximum soil set point for different soil

818 types within the monitoring entity's jurisdiction, must ~~shall~~ be

819 granted by the applicable water management district for any

820 residential, commercial, or recreational user within a

821 monitoring entity's jurisdiction having a soil moisture sensor

822 control system if the monitoring entity certifies that:

823 1. Each soil moisture sensor control system installed

824 within its jurisdiction will have multiple soil sensors that

825 conform to different soil types and slopes in order to optimize

826 water use for each user, adjust irrigation schedules based on

827 soil moisture requirements, and be installed by a licensed

828 contractor in a manner that is consistent with the Field Guide

829 to Soil Moisture Sensor Use in Florida by the University of

830 Florida IFAS Extension Program for Resource Efficient

831 Communities.

832 2. It has the ability to monitor the status of each

833 individual user's system and to remotely modify the system

834 settings for irrigation cycles and run times.

835 3. It will electronically post and update a list of active

836 users of soil moisture sensor control systems within its

837 jurisdiction on a monthly basis and provide Internet access to

838 such listing and the monitoring database to the water management

839 district and the local government.

840 4. It shall provide notice to a user of noncompliant

841 activity within 48 hours after such activity and, if the user

842 does not take corrective action within 48 hours after such

843 notice, it will remove the posted notice required in

844 subparagraph 5. and remove the user from the active users list

845 required by subparagraph 3.

846 5. It shall post a notice at each parcel that has

847 installed a compliant soil moisture sensor control system in

848 plain view from the nearest roadway stating: "Irrigating with

849 Smart Irrigation Controller," with the address of the parcel,

850 and shall remove the notice if the user is no longer being

851 monitored by the monitoring entity.

852 (d) Upon installation of a soil moisture sensor control

853 system, the licensed contractor shall certify to the monitoring

854 entity that subparagraphs (c)1. and (c)2. have been met.

855 1. The monitoring entity shall post the notice required by

856 subparagraph (c)5. on the user's property and update the

857 Internet listing of users of active soil moisture sensor control

858 systems to include the new user.

859 2. On an annual basis a professional engineer licensed

860 under chapter 471 or a professional landscape architect licensed

861 under chapter 481 shall perform an annual maintenance review of

862 all soil moisture sensor control systems within the monitoring

863 entity's jurisdiction and certify to the monitoring entity which

864 systems are properly operating and in compliance with paragraph

865 (c). The monitoring entity shall update its Internet listing of

866 users of active soil moisture sensor control systems based on

867 the certification.

868 (e) Failure by the monitoring entity to ensure continual

869 compliance with the condition of this variance shall be cause

870 for the appropriate water management district to revoke the

871 variance upon proper notice to the monitoring entity.

872 (f) The variance provided in this subsection applies to

873 day or days-of-the-week schedules pursuant to s. 373.1866

874 ~~watering restrictions of the water management district as~~

875 ~~preempted by s. 373.217.~~ All other applicable local government

876 and water management district restrictions related to

877 irrigation, including, but not limited to, a prohibition on

878 irrigation and time-of-day watering requirements and water

879 shortage or emergency orders issued pursuant to s. 373.246(2)

880 and (7), remain applicable to the soil moisture sensor control

881 system users within a monitoring entity's jurisdiction.

882 (g) This subsection does not require a property owner to

883 install a soil moisture sensor control system. This subsection

884 also does not prohibit a property owner from installing soil

885 moisture sensors and seeking an individual variance from the

886 applicable water management district even if such property is

887 located within the jurisdiction of a monitoring entity that has

888 been granted a variance pursuant to paragraph (c).

889 Section 11. Subsection (3) of section 489.105, Florida Statutes, is amended to read:

891 489.105 Definitions.—As used in this part:

892 (3) "Contractor" means the person who is qualified for,

893 and is only responsible for, the project contracted for and

894 means, except as exempted in this part, the person who, for

895 compensation, undertakes to, submits a bid to, or does himself

896 or herself or by others construct, repair, alter, remodel, add

897 to, demolish, subtract from, or improve any building or

898 structure, including related improvements to real estate, for

899 others or for resale to others; and whose job scope is

900 substantially similar to the job scope described in one of the

901 paragraphs of this subsection. For the purposes of regulation

902 under this part, the term "demolish" applies only to demolition

903 of steel tanks more than 50 feet in height; towers more than 50

904 feet in height; other structures more than 50 feet in height;

905 and all buildings or residences. Contractors are subdivided into

906 two divisions, Division I, consisting of those contractors

907 defined in paragraphs (a)-(c), and Division II, consisting of

908 those contractors defined in paragraphs (d)-(r) ~~(d)-(q):~~

909 (a) "General contractor" means a contractor whose services

910 are unlimited as to the type of work which he or she may do, who

911 may contract for any activity requiring licensure under this

912 part, and who may perform any work requiring licensure under

913 this part, except as otherwise expressly provided in s. 489.113.

914 (b) "Building contractor" means a contractor whose

915 services are limited to construction of commercial buildings and

916 single-dwelling or multiple-dwelling residential buildings,

917 which do not exceed three stories in height, and accessory use

918 structures in connection therewith or a contractor whose

919 services are limited to remodeling, repair, or improvement of

920 any size building if the services do not affect the structural

921 members of the building.

922 (c) "Residential contractor" means a contractor whose

923 services are limited to construction, remodeling, repair, or

924 improvement of one-family, two-family, or three-family

925 residences not exceeding two habitable stories above no more

926 than one uninhabitable story and accessory use structures in

927 connection therewith.

928 (d) "Sheet metal contractor" means a contractor whose

929 services are unlimited in the sheet metal trade and who has the

930 experience, knowledge, and skill necessary for the manufacture,

931 fabrication, assembling, handling, erection, installation,

932 dismantling, conditioning, adjustment, insulation, alteration,

933 repair, servicing, or design, if not prohibited by law, of

934 ferrous or nonferrous metal work of U.S. No. 10 gauge or its

935 equivalent or lighter gauge and of other materials, including,

936 but not limited to, fiberglass, used in lieu thereof and of air-

937 handling systems, including the setting of air-handling

938 equipment and reinforcement of same, the balancing of air-

939 handling systems, and any duct cleaning and equipment sanitizing

940 that requires at least a partial disassembling of the system.

941 (e) "Roofing contractor" means a contractor whose services

942 are unlimited in the roofing trade and who has the experience,

943 knowledge, and skill to install, maintain, repair, alter,

944 extend, or design, if not prohibited by law, and use materials

945 and items used in the installation, maintenance, extension, and

946 alteration of all kinds of roofing, waterproofing, and coating,

947 except when coating is not represented to protect, repair,

948 waterproof, stop leaks, or extend the life of the roof. The

949 scope of work of a roofing contractor also includes all of the

950 following and any related work: skylights; required roof-deck

951 attachments; any repair or replacement of wood roof sheathing or

952 fascia as needed during roof repair or replacement; and the

953 evaluation and enhancement of roof-to-wall connections for

954 structures with wood roof decking as described in Section 706 of

955 the Florida Building Code-Existing Building, provided that any

956 enhancement, which was properly installed and inspected in

957 accordance with the Office of Insurance Regulation uniform

958 mitigation verification inspection form, the Florida Building

959 Code, or project specific engineering that exceeds these

960 requirements, is done in conjunction with a roof covering

961 replacement or repair.

962 (f) "Class A air-conditioning contractor" means a

963 contractor whose services are unlimited in the execution of

964 contracts requiring the experience, knowledge, and skill to

965 install, maintain, repair, fabricate, alter, extend, or design,

966 if not prohibited by law, central air-conditioning,

967 refrigeration, heating, and ventilating systems, including duct

968 work in connection with a complete system if such duct work is

969 performed by the contractor as necessary to complete an air-

970 distribution system, boiler and unfired pressure vessel systems,

971 and all appurtenances, apparatus, or equipment used in

972 connection therewith, and any duct cleaning and equipment

973 sanitizing that requires at least a partial disassembling of the

974 system; to install, maintain, repair, fabricate, alter, extend,

975 or design, if not prohibited by law, piping, insulation of

976 pipes, vessels and ducts, pressure and process piping, and

977 pneumatic control piping; to replace, disconnect, or reconnect

978 power wiring on the line or load side of the dedicated existing

979 electrical disconnect switch on single phase electrical systems;

980 to repair or replace power wiring, disconnects, breakers, or

981 fuses for dedicated HVAC circuits with proper use of a circuit

982 breaker lock; to install, disconnect, and reconnect low voltage

983 heating, ventilating, and air-conditioning control wiring; and

984 to install a condensate drain from an air-conditioning unit to

985 an existing safe waste or other approved disposal other than a

986 direct connection to a sanitary system. The scope of work for

987 such contractor also includes any excavation work incidental

988 thereto, but does not include any work such as liquefied

989 petroleum or natural gas fuel lines within buildings, except for

990 disconnecting or reconnecting changeouts of liquefied petroleum

991 or natural gas appliances within buildings; potable water lines

992 or connections thereto; sanitary sewer lines; swimming pool

993 piping and filters; or electrical power wiring. A Class A air-

994 conditioning contractor may test and evaluate central air-

995 conditioning, refrigeration, heating, and ventilating systems,

996 including duct work; however, a mandatory licensing requirement

997 is not established for the performance of these specific

998 services.

999 (g) "Class B air-conditioning contractor" means a

1000 contractor whose services are limited to 25 tons of cooling and

1001 500,000 Btu of heating in any one system in the execution of

1002 contracts requiring the experience, knowledge, and skill to

1003 install, maintain, repair, fabricate, alter, extend, or design,

1004 if not prohibited by law, central air-conditioning,

1005 refrigeration, heating, and ventilating systems, including duct

1006 work in connection with a complete system only to the extent

1007 such duct work is performed by the contractor as necessary to

1008 complete an air-distribution system being installed under this

1009 classification, and any duct cleaning and equipment sanitizing

1010 that requires at least a partial disassembling of the system; to

1011 install, maintain, repair, fabricate, alter, extend, or design,

1012 if not prohibited by law, piping and insulation of pipes,

1013 vessels, and ducts; to replace, disconnect, or reconnect power

1014 wiring on the line or load side of the dedicated existing

1015 electrical disconnect switch on single phase electrical systems;

1016 to repair or replace power wiring, disconnects, breakers, or

1017 fuses for dedicated HVAC circuits with proper use of a circuit

1018 breaker lock; to install, disconnect, and reconnect low voltage

1019 heating, ventilating, and air-conditioning control wiring; and

1020 to install a condensate drain from an air-conditioning unit to

1021 an existing safe waste or other approved disposal other than a

1022 direct connection to a sanitary system. The scope of work for

1023 such contractor also includes any excavation work incidental

1024 thereto, but does not include any work such as liquefied

1025 petroleum or natural gas fuel lines within buildings, except for

1026 disconnecting or reconnecting changeouts of liquefied petroleum

1027 or natural gas appliances within buildings; potable water lines

1028 or connections thereto; sanitary sewer lines; swimming pool

1029 piping and filters; or electrical power wiring. A Class B air-

1030 conditioning contractor may test and evaluate central air-

1031 conditioning, refrigeration, heating, and ventilating systems,

1032 including duct work; however, a mandatory licensing requirement

1033 is not established for the performance of these specific

1034 services.

1035 (h) "Class C air-conditioning contractor" means a

1036 contractor whose business is limited to the servicing of air-

1037 conditioning, heating, or refrigeration systems, including any

1038 duct cleaning and equipment sanitizing that requires at least a

1039 partial disassembling of the system, and whose certification or

1040 registration, issued pursuant to this part, was valid on October

1041 1, 1988. Only a person who was registered or certified as a

1042 Class C air-conditioning contractor as of October 1, 1988, shall

1043 be so registered or certified after October 1, 1988. However,

1044 the board shall continue to license and regulate those Class C

1045 air-conditioning contractors who held Class C licenses before

1046 October 1, 1988.

1047 (i) "Mechanical contractor" means a contractor whose

1048 services are unlimited in the execution of contracts requiring

1049 the experience, knowledge, and skill to install, maintain,

1050 repair, fabricate, alter, extend, or design, if not prohibited

1051 by law, central air-conditioning, refrigeration, heating, and

1052 ventilating systems, including duct work in connection with a

1053 complete system if such duct work is performed by the contractor

1054 as necessary to complete an air-distribution system, boiler and

1055 unfired pressure vessel systems, lift station equipment and

1056 piping, and all appurtenances, apparatus, or equipment used in

1057 connection therewith, and any duct cleaning and equipment

1058 sanitizing that requires at least a partial disassembling of the

1059 system; to install, maintain, repair, fabricate, alter, extend,

1060 or design, if not prohibited by law, piping, insulation of

1061 pipes, vessels and ducts, pressure and process piping, pneumatic

1062 control piping, gasoline tanks and pump installations and piping

1063 for same, standpipes, air piping, vacuum line piping, oxygen

1064 lines, nitrous oxide piping, ink and chemical lines, fuel

1065 transmission lines, liquefied petroleum gas lines within

1066 buildings, and natural gas fuel lines within buildings; to

1067 replace, disconnect, or reconnect power wiring on the line or

1068 load side of the dedicated existing electrical disconnect switch

1069 on single phase electrical systems; to repair or replace power

1070 wiring, disconnects, breakers, or fuses for dedicated HVAC

1071 circuits with proper use of a circuit breaker lock; to install,

1072 disconnect, and reconnect low voltage heating, ventilating, and

1073 air-conditioning control wiring; and to install a condensate

1074 drain from an air-conditioning unit to an existing safe waste or

1075 other approved disposal other than a direct connection to a

1076 sanitary system. The scope of work for such contractor also

1077 includes any excavation work incidental thereto, but does not

1078 include any work such as potable water lines or connections

1079 thereto, sanitary sewer lines, swimming pool piping and filters,

1080 or electrical power wiring. A mechanical contractor may test and

1081 evaluate central air-conditioning, refrigeration, heating, and

1082 ventilating systems, including duct work; however, a mandatory

1083 licensing requirement is not established for the performance of

1084 these specific services.

1085 (j) "Commercial pool/spa contractor" means a contractor

1086 whose scope of work involves, but is not limited to, the

1087 construction, repair, and servicing of any swimming pool, or hot

1088 tub or spa, whether public, private, or otherwise, regardless of

1089 use. The scope of work includes the installation, repair, or

1090 replacement of existing equipment, any cleaning or equipment

1091 sanitizing that requires at least a partial disassembling,

1092 excluding filter changes, and the installation of new pool/spa

1093 equipment, interior finishes, the installation of package pool

1094 heaters, the installation of all perimeter piping and filter

1095 piping, and the construction of equipment rooms or housing for

1096 pool/spa equipment, and also includes the scope of work of a

1097 swimming pool/spa servicing contractor. The scope of such work

1098 does not include direct connections to a sanitary sewer system

1099 or to potable water lines. The installation, construction,

1100 modification, or replacement of equipment permanently attached

1101 to and associated with the pool or spa for the purpose of water

1102 treatment or cleaning of the pool or spa requires licensure;

1103 however, the usage of such equipment for the purposes of water

1104 treatment or cleaning does not require licensure unless the

1105 usage involves construction, modification, or replacement of

1106 such equipment. Water treatment that does not require such

1107 equipment does not require a license. In addition, a license is

1108 not required for the cleaning of the pool or spa in a way that

1109 does not affect the structural integrity of the pool or spa or

1110 its associated equipment.

1111 (k) "Residential pool/spa contractor" means a contractor

1112 whose scope of work involves, but is not limited to, the

1113 construction, repair, and servicing of a residential swimming

1114 pool, or hot tub or spa, regardless of use. The scope of work

1115 includes the installation, repair, or replacement of existing

1116 equipment, any cleaning or equipment sanitizing that requires at

1117 least a partial disassembling, excluding filter changes, and the

1118 installation of new pool/spa equipment, interior finishes, the

1119 installation of package pool heaters, the installation of all

1120 perimeter piping and filter piping, and the construction of

1121 equipment rooms or housing for pool/spa equipment, and also

1122 includes the scope of work of a swimming pool/spa servicing

1123 contractor. The scope of such work does not include direct

1124 connections to a sanitary sewer system or to potable water

1125 lines. The installation, construction, modification, or

1126 replacement of equipment permanently attached to and associated

1127 with the pool or spa for the purpose of water treatment or

1128 cleaning of the pool or spa requires licensure; however, the

1129 usage of such equipment for the purposes of water treatment or

1130 cleaning does not require licensure unless the usage involves

1131 construction, modification, or replacement of such equipment.

1132 Water treatment that does not require such equipment does not

1133 require a license. In addition, a license is not required for

1134 the cleaning of the pool or spa in a way that does not affect

1135 the structural integrity of the pool or spa or its associated

1136 equipment.

1137 (l) "Swimming pool/spa servicing contractor" means a

1138 contractor whose scope of work involves, but is not limited to,

1139 the repair and servicing of a swimming pool, or hot tub or spa,

1140 whether public or private, or otherwise, regardless of use. The

1141 scope of work includes the repair or replacement of existing

1142 equipment, any cleaning or equipment sanitizing that requires at

1143 least a partial disassembling, excluding filter changes, and the

1144 installation of new pool/spa equipment, interior refinishing,

1145 the reinstallation or addition of pool heaters, the repair or

1146 replacement of all perimeter piping and filter piping, the

1147 repair of equipment rooms or housing for pool/spa equipment, and

1148 the substantial or complete draining of a swimming pool, or hot

1149 tub or spa, for the purpose of repair or renovation. The scope

1150 of such work does not include direct connections to a sanitary

1151 sewer system or to potable water lines. The installation,

1152 construction, modification, substantial or complete disassembly,

1153 or replacement of equipment permanently attached to and

1154 associated with the pool or spa for the purpose of water

1155 treatment or cleaning of the pool or spa requires licensure;

1156 however, the usage of such equipment for the purposes of water

1157 treatment or cleaning does not require licensure unless the

1158 usage involves construction, modification, substantial or

1159 complete disassembly, or replacement of such equipment. Water

1160 treatment that does not require such equipment does not require

1161 a license. In addition, a license is not required for the

1162 cleaning of the pool or spa in a way that does not affect the

1163 structural integrity of the pool or spa or its associated

1164 equipment.

1165 (m) "Plumbing contractor" means a contractor whose

1166 services are unlimited in the plumbing trade and includes

1167 contracting business consisting of the execution of contracts

1168 requiring the experience, financial means, knowledge, and skill

1169 to install, maintain, repair, alter, extend, or, if not

1170 prohibited by law, design plumbing. A plumbing contractor may

1171 install, maintain, repair, alter, extend, or, if not prohibited

1172 by law, design the following without obtaining an additional

1173 local regulatory license, certificate, or registration: sanitary

1174 drainage or storm drainage facilities, water and sewer plants

1175 and substations, venting systems, public or private water supply

1176 systems, septic tanks, drainage and supply wells, swimming pool

1177 piping, irrigation systems, and solar heating water systems and

1178 all appurtenances, apparatus, or equipment used in connection

1179 therewith, including boilers and pressure process piping and

1180 including the installation of water, natural gas, liquefied

1181 petroleum gas and related venting, and storm and sanitary sewer

1182 lines. The scope of work of the plumbing contractor also

1183 includes the design, if not prohibited by law, and installation,

1184 maintenance, repair, alteration, or extension of air-piping,

1185 vacuum line piping, oxygen line piping, nitrous oxide piping,

1186 and all related medical gas systems; fire line standpipes and

1187 fire sprinklers if authorized by law; ink and chemical lines;

1188 fuel oil and gasoline piping and tank and pump installation,

1189 except bulk storage plants; and pneumatic control piping

1190 systems, all in a manner that complies with all plans,

1191 specifications, codes, laws, and regulations applicable. The

1192 scope of work of the plumbing contractor applies to private

1193 property and public property, including any excavation work

1194 incidental thereto, and includes the work of the specialty

1195 plumbing contractor. Such contractor shall subcontract, with a

1196 qualified contractor in the field concerned, all other work

1197 incidental to the work but which is specified as being the work

1198 of a trade other than that of a plumbing contractor. This

1199 definition does not limit the scope of work of any specialty

1200 contractor certified pursuant to s. 489.113(6) and does not

1201 require certification or registration under this part as a

1202 category I liquefied petroleum gas dealer, or category V LP gas

1203 installer, as defined in s. 527.01, who is licensed under

1204 chapter 527 or an authorized employee of a public natural gas

1205 utility or of a private natural gas utility regulated by the

1206 Public Service Commission when disconnecting and reconnecting

1207 water lines in the servicing or replacement of an existing water

1208 heater. A plumbing contractor may perform drain cleaning and

1209 clearing and install or repair rainwater catchment systems;

1210 however, a mandatory licensing requirement is not established

1211 for the performance of these specific services.

1212 (n) "Underground utility and excavation contractor" means

1213 a contractor whose services are limited to the construction,

1214 installation, and repair, on public or private property, whether

1215 accomplished through open excavations or through other means,

1216 including, but not limited to, directional drilling, auger

1217 boring, jacking and boring, trenchless technologies, wet and dry

1218 taps, grouting, and slip lining, of main sanitary sewer

1219 collection systems, main water distribution systems, storm sewer

1220 collection systems, and the continuation of utility lines from

1221 the main systems to a point of termination up to and including

1222 the meter location for the individual occupancy, sewer

1223 collection systems at property line on residential or single-

1224 occupancy commercial properties, or on multioccupancy properties

1225 at manhole or wye lateral extended to an invert elevation as

1226 engineered to accommodate future building sewers, water

1227 distribution systems, or storm sewer collection systems at storm

1228 sewer structures. However, an underground utility and excavation

1229 contractor may install empty underground conduits in rights-of-

1230 way, easements, platted rights-of-way in new site development,

1231 and sleeves for parking lot crossings no smaller than 2 inches

1232 in diameter if each conduit system installed is designed by a

1233 licensed professional engineer or an authorized employee of a

1234 municipality, county, or public utility and the installation of

1235 such conduit does not include installation of any conductor

1236 wiring or connection to an energized electrical system. An

1237 underground utility and excavation contractor may not install

1238 piping that is an integral part of a fire protection system as

1239 defined in s. 633.102 beginning at the point where the piping is

1240 used exclusively for such system.

1241 (o) "Solar contractor" means a contractor whose services

1242 consist of the installation, alteration, repair, maintenance,

1243 relocation, or replacement of solar panels for potable solar

1244 water heating systems, swimming pool solar heating systems, and

1245 photovoltaic systems and any appurtenances, apparatus, or

1246 equipment used in connection therewith, whether public, private,

1247 or otherwise, regardless of use. A contractor, certified or

1248 registered pursuant to this chapter, is not required to become a

1249 certified or registered solar contractor or to contract with a

1250 solar contractor in order to provide services enumerated in this

1251 paragraph that are within the scope of the services such

1252 contractors may render under this part.

1253 (p) "Pollutant storage systems contractor" means a

1254 contractor whose services are limited to, and who has the

1255 experience, knowledge, and skill to install, maintain, repair,

1256 alter, extend, or design, if not prohibited by law, and use

1257 materials and items used in the installation, maintenance,

1258 extension, and alteration of, pollutant storage tanks. Any

1259 person installing a pollutant storage tank shall perform such

1260 installation in accordance with the standards adopted pursuant

1261 to s. 376.303.

1262 (q) "Irrigation contractor" means a contractor whose

1263 services are unlimited in the landscape irrigation trade and who

1264 possesses the experience, knowledge, and skill necessary to

1265 sell, install, design, consult, maintain, alter, repair, or

1266 service an irrigation system, including the connection of such

1267 system to a private or public water supply. This includes system

1268 connection to water wells in unincorporated areas.

1269 (r)(q) "Specialty contractor" means a contractor whose

1270 scope of work and responsibility is limited to a particular

1271 phase of construction established in a category adopted by board

1272 rule and whose scope is limited to a subset of the activities

1273 described in one of the paragraphs of this subsection.

1274 Section 12. Subsections (2) and (4) of section 489.107,

1275 Florida Statutes, are amended, and subsection (1) of that

1276 section is republished, to read:

1277 489.107 Construction Industry Licensing Board.—

1278 (1) To carry out the provisions of this part, there is

1279 created within the department the Construction Industry

1280 Licensing Board. Members shall be appointed by the Governor,

1281 subject to confirmation by the Senate. Members shall be

1282 appointed for 4-year terms. A vacancy on the board shall be

1283 filled for the unexpired portion of the term in the same manner

1284 as the original appointment. No member shall serve more than two

1285 consecutive 4-year terms or more than 11 years on the board.

1286 (2) The board shall consist of 19 18 members, of whom:

1287 (a) Four are primarily engaged in business as general

1288 contractors;

1289 (b) Three are primarily engaged in business as building

1290 contractors or residential contractors, however, at least one

1291 building contractor and one residential contractor shall be

1292 appointed;

1293 (c) One is primarily engaged in business as a roofing

1294 contractor;

1295 (d) One is primarily engaged in business as a sheet metal

1296 contractor;

1297 (e) One is primarily engaged in business as an air-

1298 conditioning contractor;

1299 (f) One is primarily engaged in business as a mechanical

1300 contractor;

1301 (g) One is primarily engaged in business as a pool

1302 contractor;

1303 (h) One is primarily engaged in business as a plumbing

1304 contractor;

1305 (i) One is primarily engaged in business as an underground

1306 utility and excavation contractor;

1307 (j) One is primarily engaged in business as a landscape

1308 irrigation contractor;

1309 (k)(j) Two are consumer members who are not, and have

1310 never been, members or practitioners of a profession regulated

1311 by the board or members of any closely related profession; and

1312 (l)(k) Two are building officials of a municipality or

1313 county.

1314 (4) The board shall be divided into two divisions,

1315 Division I and Division II.

1316 (a) Division I consists ~~is comprised~~ of the general

1317 contractor, building contractor, and residential contractor

1318 members of the board; one of the members appointed pursuant to

1319 paragraph (2)(k) ~~(2)(j);~~ and one of the members appointed

1320 pursuant to paragraph (2)(l)(2)(k). Division I has jurisdiction

1321 over the regulation of general contractors, building

1322 contractors, and residential contractors.

1323 (b) Division II consists ~~is comprised~~ of the roofing

1324 contractor, sheet metal contractor, air-conditioning contractor,

1325 mechanical contractor, pool contractor, plumbing contractor,

1326 licensed irrigation contractor, and underground utility and

1327 excavation contractor members of the board; one of the members

1328 appointed pursuant to paragraph (2)(k) ~~(2)(j);~~ and one of the

1329 members appointed pursuant to paragraph (2)(l) ~~(2)(k).~~ Division

1330 II has jurisdiction over the regulation of contractors defined

1331 in s. 489.105(3)(d)-(q) ~~s. 489.105(3)(d)-(p).~~

1332 (c) Jurisdiction for the regulation of specialty

1333 contractors defined in s. 489.105(3)(r) ~~s. 489.105(3)(q)~~ shall

1334 lie with the division having jurisdiction over the scope of work

1335 of the specialty contractor as defined by board rule.

1336 Section 13. Subsection (2) of section 489.111, Florida

1337 Statutes, is amended to read:

1338 489.111 Licensure by examination.—

1339 (2) A person shall be eligible for licensure by

1340 examination if the person:

1341 (a) Is 18 years of age;

1342 (b) Is of good moral character; and

1343 (c) Meets eligibility requirements according to one of the

1344 following criteria:

1345 1. Has received a baccalaureate degree from an accredited

1346 4-year college in the appropriate field of engineering,

1347 architecture, or building construction and has 1 year of proven

1348 experience in the category in which the person seeks to qualify.

1349 For the purpose of this part, a minimum of 2,000 person-hours

1350 shall be used in determining full-time equivalency. An applicant

1351 who is exempt from passing an examination under s. 489.113(1) is

1352 eligible for a license under this section.

1353 2. Has a total of at least 4 years of active experience as

1354 a worker who has learned the trade by serving an apprenticeship

1355 as a skilled worker who is able to command the rate of a

1356 mechanic in the particular trade or as a foreman who is in

1357 charge of a group of workers and usually is responsible to a

1358 superintendent or a contractor or his or her equivalent;

1359 provided, however, that at least 1 year of active experience

1360 shall be as a foreman.

1361 3. Has a combination of not less than 1 year of experience

1362 as a foreman and not less than 3 years of credits for any

1363 accredited college-level courses; has a combination of not less

1364 than 1 year of experience as a skilled worker, 1 year of

1365 experience as a foreman, and not less than 2 years of credits

1366 for any accredited college-level courses; or has a combination

1367 of not less than 2 years of experience as a skilled worker, 1

1368 year of experience as a foreman, and not less than 1 year of

1369 credits for any accredited college-level courses. All junior

1370 college or community college-level courses shall be considered

1371 accredited college-level courses.

1372 4.a. An active certified residential contractor is

1373 eligible to receive a certified building contractor license

1374 after passing or having previously passed the building

1375 contractors' examination if he or she possesses a minimum of 3

1376 years of proven experience in the classification in which he or

1377 she is certified.

1378 b. An active certified residential contractor is eligible

1379 to receive a certified general contractor license after passing

1380 or having previously passed the general contractors' examination

1381 if he or she possesses a minimum of 4 years of proven experience

1382 in the classification in which he or she is certified.

1383 c. An active certified building contractor is eligible to

1384 receive a certified general contractor license after passing or

1385 having previously passed the general contractors' examination if

1386 he or she possesses a minimum of 4 years of proven experience in

1387 the classification in which he or she is certified.

1388 5.a. An active certified air-conditioning Class C

1389 contractor is eligible to receive a certified air-conditioning

1390 Class B contractor license after passing or having previously

1391 passed the air-conditioning Class B contractors' examination if

1392 he or she possesses a minimum of 3 years of proven experience in

1393 the classification in which he or she is certified.

1394 b. An active certified air-conditioning Class C contractor

1395 is eligible to receive a certified air-conditioning Class A

1396 contractor license after passing or having previously passed the

1397 air-conditioning Class A contractors' examination if he or she

1398 possesses a minimum of 4 years of proven experience in the

1399 classification in which he or she is certified.

1400 c. An active certified air-conditioning Class B contractor

1401 is eligible to receive a certified air-conditioning Class A

1402 contractor license after passing or having previously passed the

1403 air-conditioning Class A contractors' examination if he or she

1404 possesses a minimum of 1 year of proven experience in the

1405 classification in which he or she is certified.

1406 6.a. An active certified swimming pool servicing

1407 contractor is eligible to receive a certified residential

1408 swimming pool contractor license after passing or having

1409 previously passed the residential swimming pool contractors'

1410 examination if he or she possesses a minimum of 3 years of

1411 proven experience in the classification in which he or she is

1412 certified.

1413 b. An active certified swimming pool servicing contractor

1414 is eligible to receive a certified commercial swimming pool

1415 contractor license after passing or having previously passed the

1416 swimming pool commercial contractors' examination if he or she

1417 possesses a minimum of 4 years of proven experience in the

1418 classification in which he or she is certified.

1419 c. An active certified residential swimming pool

1420 contractor is eligible to receive a certified commercial

1421 swimming pool contractor license after passing or having

1422 previously passed the commercial swimming pool contractors'

1423 examination if he or she possesses a minimum of 1 year of proven

1424 experience in the classification in which he or she is

1425 certified.

1426 d. An applicant is eligible to receive a certified

1427 swimming pool/spa servicing contractor license after passing or

1428 having previously passed the swimming pool/spa servicing

1429 contractors' examination if he or she has satisfactorily

1430 completed 60 hours of instruction in courses related to the

1431 scope of work covered by that license and approved by the

1432 Construction Industry Licensing Board by rule and has at least 1

1433 year of proven experience related to the scope of work of such a

1434 contractor.

1435 7. An applicant may submit an application to the

1436 department to take the irrigation contractors' examination after

1437 he or she satisfactorily completes 60 hours of instruction in

1438 courses related to the scope of work covered by that license and

1439 approved by the Construction Industry Licensing Board by rule. Section 14. Paragraph (a) of subsection (4) of section

1441 489.117, Florida Statutes, is amended to read:

1442 489.117 Registration; specialty contractors.—

1443 (4)(a)1. A person whose job scope does not substantially

1444 correspond to either the job scope of one of the contractor

1445 categories defined in s. 489.105(3)(a)-(o), or the job scope of

1446 one of the certified specialty contractor categories established

1447 by board rule, is not required to register with the board. A

1448 local government, as defined in s. 163.211, may not require a

1449 person to obtain a license, issued by the local government or

1450 the state, for a job scope which does not substantially

1451 correspond to the job scope of one of the contractor categories

1452 defined in s. 489.105(3)(a)-(o) and (r) ~~s. 489.105(3)(a)-(o) and~~

1453 ~~(q)~~ or authorized in s. 489.1455(1), or the job scope of one of

1454 the certified specialty contractor categories established

1455 pursuant to s. 489.113(6). A local government may not require a

1456 state or local license to obtain a permit for such job scopes.

1457 For purposes of this section, job scopes for which a local

1458 government may not require a license include, but are not

1459 limited to, painting; flooring; cabinetry; interior remodeling

1460 when the scope of the project does not include a task for which

1461 a state license is required; driveway or tennis court

1462 installation; handyman services; decorative stone, tile, marble,

1463 granite, or terrazzo installation; plastering; pressure washing;

1464 stuccoing; caulking; and canvas awning and ornamental iron

1465 installation.

1466 2. A county that includes an area designated as an area of

1467 critical state concern under s. 380.05 may offer a license for

1468 any job scope which requires a contractor license under this

1469 part if the county imposed such a licensing requirement before

1470 January 1, 2021.

1471 3. A local government may continue to offer a license for

1472 veneer, including aluminum or vinyl gutters, siding, soffit, or

1473 fascia; rooftop painting, coating, and cleaning above three

1474 stories in height; or fence installation and erection if the

1475 local government imposed such a licensing requirement before

1476 January 1, 2021.

1477 4. A local government may not require a license as a

1478 prerequisite to submit a bid for public works projects if the

1479 work to be performed does not require a license under general

1480 law.

1481 Section 15. Subsection (1) of section 489.118, Florida

1482 Statutes, is amended to read:

1483 489.118 Certification of registered contractors;

1484 grandfathering provisions.—The board shall, upon receipt of a

1485 completed application and appropriate fee, issue a certificate

1486 in the appropriate category to any contractor registered under

1487 this part who makes application to the board and can show that

1488 he or she meets each of the following requirements:

1489 (1) Currently holds a valid registered local license in

1490 one of the contractor categories defined in s. 489.105(3)(a)-(q)

1491 ~~s. 489.105(3)(a)-(p).~~

1492 Section 16. Subsection (2) of section 489.141, Florida

1493 Statutes, is amended to read:

1494 489.141 Conditions for recovery; eligibility.—

1495 (2) A claimant is not qualified to make a claim for

1496 recovery from the recovery fund if:

1497 (a) The claimant is the spouse of the judgment debtor or

1498 licensee or a personal representative of such spouse;

1499 (b) The claimant is a licensee who acted as the contractor

1500 in the transaction that is the subject of the claim;

1501 (c) The claim is based upon a construction contract in

1502 which the licensee was acting with respect to the property owned

1503 or controlled by the licensee;

1504 (d) The claim is based upon a construction contract in

1505 which the contractor did not hold a valid and current license at

1506 the time of the construction contract;

1507 (e) The claimant was associated in a business relationship

1508 with the licensee other than the contract at issue; or

1509 (f) The claimant had entered into a contract with a

1510 licensee to perform a scope of work described in s.

1511 489.105(3)(d)-(r) ~~s. 489.105(3)(d)-(q)~~ before July 1, 2016.

1512 Section 17. This act shall take effect July 1, 2026.