Landscape Irrigation

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A bill to be entitled 1
An act relating to landscape irrigation; creating s. 2
373.1861, F.S.; providing a short title; creating s. 3
373.1862, F.S.; providing legislative intent and 4
purpose; providing applicability; creating s. 5
373.1863, F.S.; defining terms; creating s. 373.1864, 6
F.S.; providing legislative findings; prohibiting a 7
person from taking certain actions regarding a 8
landscape irrigation system unless such person is a 9
licensed irrigation contractor or the property owner; 10
authorizing specified entities to adopt more stringent 11
standards for a property owner who installs a 12
landscape irrigation system; specifying that only a 13
licensed irrigation contractor may connect an 14
irrigation system to a water supply; providing 15
requirements for a licensed irrigation contractor to 16
obtain a landscape irrigation permit; requiring a 17
licensed irrigation contractor to create a landscape 18
irrigation plan design drawing; providing requirements 19
for such plan design drawings; providing requirements 20
for landscape irrigation plans; requiring a licensed 21
irrigation contractor to submit the landscape 22
irrigation system permit application and plan to 23
specified entities before building construction 24
commences; requiring a licensed irrigation contractor 25

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to provide specified entities with certain information 26
before being issued a landscape irrigation permit; 27
creating s. 373.1865, F.S.; providing a purpose for 28
landscape irrigation system standards; requiring that 29
landscape irrigation systems be divided into specified 30
zones; providing requirements for such zones; 31
requiring that landscape irrigation systems be 32
designed to use the lowest quality water; providing 33
spacing requirements for landscape irrigation system 34
sprinklers; providing requirements for landscape 35
irrigation equipment, capacity, and accessories; 36
prohibiting high-volume irrigation areas from 37
exceeding a certain percentage of the total irrigated 38
area; authorizing the use of low-volume irrigation 39
areas in certain circumstances; prohibiting the 40
installation of risers; requiring a minimum distance 41
between distribution equipment and impervious 42
surfaces; requiring that landscape irrigation systems 43
use micro-irrigation in landscape beds under certain 44
circumstances; creating s. 373.1866, F.S.; creating a 45
landscape irrigation watering schedule; providing a 46
limitation for landscape irrigation watering; 47
providing a timeframe within which the owner of a new 48
irrigation system must adopt the watering schedule; 49
requiring a licensed irrigation contractor who 50

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installs an irrigation system to provide the owners or 51
users of such system with certain information; 52
authorizing a local government to grant a variance 53
from the watering schedule under certain 54
circumstances; prohibiting a local government from 55
granting a variance under certain circumstances; 56
providing exceptions from landscape irrigation 57
watering schedules; providing requirements for a spray 58
sprinkler body; prohibiting a person from taking 59
certain actions regarding a sprinkler body, beginning 60
on a specified date; creating s. 373.1867, F.S.; 61
providing for the enforcement of the act; providing 62
for fines and penalties; providing that regular 63
maintenance and replacement of certain components is 64
not a violation of the act under certain 65
circumstances; prohibiting enforcement officials from 66
providing more than one written warning before 67
assessing a fine; authorizing a local government to 68
take certain action to enforce this section; creating 69
s. 373.1868, F.S.; providing for severability; 70
prohibiting a government entity from adopting or 71
attempting to enforce any law, rule, or regulation in 72
conflict with the act; creating s. 373.1869, F.S.; 73
authorizing the department to adopt rules to implement 74
the act; amending s. 373.62, F.S.; conforming 75

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provisions to changes made by the act; deleting 76
obsolete provisions; conforming a provision to changes 77
made by the act; amending s. 489.105, F.S.; defining 78
the term "irrigation contractor"; amending s. 489.107, 79
F.S.; revising the membership of the Construction 80
Industry Licensing Board; conforming cross-references; 81
amending s. 489.111, F.S.; revising contractor 82
eligibility requirements for licensure; amending ss. 83
489.117, 489.118, and 489.141, F.S.; conforming cross-84
references; providing an effective date. 85
86
Be It Enacted by the Legislature of the State of Florida: 87
88
Section 1. Section 373.1861, Florida Statutes, is created 89
to read: 90
373.1861 Short title.—Sections 373.1861-373.1869 may be 91
cited as the "Landscape Irrigation Standards and Watering 92
Restrictions Act." 93
Section 2. Section 373.1862, Florida Statutes, is created 94
to read: 95
373.1862 LEGISLATIVE INTENT AND PURPOSE; APPLICABILITY.— 96
(1) While an automatic landscape irrigation system is not 97
required, and a carefully designed landscape or a temporary 98
irrigation system may be considered for any property, it is the 99
intent and purpose of this act to: 100

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(a) Implement procedures that promote water conservation 101
through more efficient use of landscape irrigation to improve 102
environmental quality; and 103
(b) Ensure efficient water use by establishing minimum 104
standards for landscape irrigation design which are considerate 105
of the climate, soil health, water resources, land use, and 106
resource planning of watershed districts in this state. 107
(2) Water use in landscape irrigation systems may be 108
reduced by providing for all of the following: 109
(a) The preservation of existing vegetation. 110
(b) The use of site-appropriate plant materials. 111
(c) The use of pervious paving materials. 112
(d) The use of water-efficient landscape irrigation. 113
(e) The use of applicable best management practices. 114
(f) The use of environmentally sensitive site development 115
concepts. 116
(3) This act applies to new commercial landscapes, 117
residential landscapes, institutional developments proposing to 118
install a landscape irrigation system, and any substantial 119
improvement or modification to an existing landscape irrigation 120
system which requires 50 percent or more of the irrigation 121
system to be replaced or altered. 122
(4) This act does not apply to irrigation systems for any 123
of the following: 124
(a) Agricultural production systems. 125

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(b) Greenhouses. 126
(c) Nurseries. 127
(d) Cemeteries. 128
(e) Golf courses. 129
(f) Athletic fields, playgrounds, or intensive 130
recreational areas. 131
(g) Vegetable gardens, fruit tree groves, or nut tree 132
groves. 133
Section 3. Section 373.1863, Florida Statutes, is created 134
to read: 135
373.1863 DEFINITIONS.—As used in this act, the term: 136
(1) "Address" means the house number of a physical 137
location of a specific property. This includes rural route 138
numbers but excludes post office box numbers. If a lot number in 139
a mobile home park or similar community is used by the United 140
States Postal Service to determine a delivery location, the lot 141
number is the property's address. An even-numbered address means 142
an address ending in the numbers 0, 2, 4, 6, or 8 or the letters 143
A-M. An odd-numbered address means an address ending in the 144
numbers 1, 3, 5, 7, or 9 or the letters N-Z. 145
(2) "Application rate" or "precipitation rate" means the 146
rate at which water is applied to a given area by sprinklers or 147
emitters, usually expressed as depth per unit of time. 148
(3) "Automatic irrigation controller" means a device that 149
automatically turns an irrigation system, such as a lawn 150

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sprinkler or drip irrigation system, on and off and is also 151
known as a clock or timer. 152
(4) "Bubbler" means an emission device that applies water 153
to the soil, discharging at least 0.5 to 2 gallons of water per 154
hour, but generally less than 60 gallons per hour. 155
(5) "Bubbler irrigation" means the application of water to 156
the soil surface at the plant root zone, discharging at least 157
0.5 to 2 gallons of water per hour, but generally less than 60 158
gallons per hour. 159
(6) "Check valve" means a device that permits water to 160
flow in one direction and is installed on any sprinkler where 161
low point drainage occurs or if the sprinkler is located lower 162
than the valve box. 163
(7) "Controller" means a timing mechanism that signals 164
automatic valves to open and close on a pre-set program or based 165
on sensor readings or its mounting box. 166
(8) "Coverage" means the way water is applied to an area. 167
(9) "Department" means the Department of Environmental 168
Protection or its successor agency. 169
(10) "Design pressure" means the pressure at which the 170
irrigation system or its components are designed to operate as 171
measured at the pump discharge or, if there is no pump, at the 172
entrance to the system. 173
(11) "Distribution pattern" means the water depth distance 174
relationship measured from a single emission device. 175

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(12) "Distribution uniformity" means even application of 176
irrigation across a landscaped area, as expressed as a decimal 177
or percent value. 178
(13) "Drip irrigation" means the precise low-rate 179
application of water to the soil surface, beneath the soil 180
surface, or near the plant root zone around widely spaced plants 181
across a large area. Applications normally occur as small 182
streams or discrete continuous drops in the range of 0.5 to 2 183
gallons per hour. 184
(14) "Drip line emitter" means a tube that discharges 185
water from integrated and evenly spaced emitters, perforations, 186
or a porous wall. 187
(15) "Emission device" means a landscape irrigation system 188
component used to dispense irrigation water to the landscape at 189
a specific rate. 190
(16) "Emitter" means a device used to control irrigation 191
discharge from lateral pipes and a device used in micro-192
irrigation systems. 193
(17) "Establishment" means the process by which newly 194
planted vegetation becomes self-sustaining and rooted in its new 195
location. 196
(18) "Florida Water Star" means a statewide certification 197
program, owned by the St. Johns River Water Management District, 198
for new and existing homes and commercial developments that meet 199
specific water-efficiency criteria for their respective 200

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landscape and irrigation systems, as well as plumbing fixtures 201
and appliances. 202
(19) "Flow rate" means the measure of a volume of water 203
moving in a certain amount of time. 204
(20) "Head" means the exterior case or shell of a 205
sprinkler incorporating a means of connecting to a piping system 206
and designed to provide above-ground or overhead irrigation. The 207
head may also be known as a rotor, a spray head, a mist head, or 208
an impact sprinkler when referring to the type of emission used 209
interchangeably with and in conjunction with a sprinkler. 210
(21) "Head-to-head spacing" means spacing sprinkler heads 211
so the distance between sprinklers is equal to the sprinkler 212
head-rated throw radius. 213
(22) "Hydrozone" means a distinct grouping of plants with 214
similar water and climatic requirements which may be irrigated 215
within a common zone to conserve water, improve efficiency, and 216
avoid overwatering and underwatering. 217
(23) "Irrigation" means the intentional application of 218
water by artificial means to sustain plant growth or optimize 219
production. 220
(24) "Irrigation inspector" means a person responsible for 221
inspecting landscape irrigation systems and carrying out all of 222
the following duties: 223
(a) Making determinations regarding whether a landscape 224
irrigation system complies with all relevant requirements. 225

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(b) Making determinations regarding whether the 226
appropriate backflow prevention device is installed. 227
(c) Providing test results to the water purveyor. 228
(d) Investigating and issuing findings for all complaints 229
alleging deficiency of a landscape irrigation system. 230
(25) "Landscape" means area that is planted with ground 231
covers, shrubs, trees, turf, or similar plant materials. 232
(26) "Landscape area" means the total site area less the 233
building footprint, impervious or paved surfaces, stormwater 234
control structures, or waterbodies. It includes any permeable 235
surface on a given lot or parcel which is covered with gardens, 236
landscape, mulch, or turfgrass. 237
(27) "Landscape irrigation" means the outside watering of 238
plants, such as shrubbery, trees, lawns, grass, ground covers, 239
plants, vines, gardens, and other such flora, which may be 240
situated in diverse locations, such as commercial and industrial 241
establishments, public and residential areas, public medians, or 242
rights-of-way. 243
(28) "Landscape irrigation plan" means a printed or drawn 244
plan for irrigation on a property with scaled dimensions which 245
identifies: 246
(a) Existing rights-of-way, easements, and other land 247
reservations; 248
(b) The water source that will be used for irrigation; and 249
(c) Irrigation specifications that include all of the 250

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following information: 251
1. Pipe location, type, and size. 252
2. Sprinkler head location, including spacing to adjacent 253
sprinkler heads and structures. 254
3. Location of soil moisture sensor probes, if applicable. 255
4. Location and area of irrigation zones. 256
5. Sprinkler head type and application rate. 257
6. Micro-irrigation type and application rate. 258
7. Location of heads requiring check valves and their 259
respective valve sizes. 260
8. All relevant pressure regulations. 261
(29) "Landscape irrigation system" means a system of 262
delivering water to an area where it is needed, but not normally 263
present in necessary volume. 264
(30) "Lateral" means a water delivery pipeline that 265
supplies water from a manifold or header pipe downstream of a 266
control valve to irrigation emission devices. 267
(31) "Low-volume irrigation" means heads that emit less 268
than 0.5 gallons of water per minute. 269
(32) "Micro-bubbler" means a unit designed for micro-270
irrigation applications requiring higher flow and coverage than 271
a spot emitter or drip, but a lower amount of water than a 272
standard bubbler. 273
(33) "Micro-irrigation" means the application of small 274
quantities of water directly on or below the soil surface or 275

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plant root zone, in discrete drops, thin streams, or miniature 276
sprays, through emitters placed along lateral water delivery 277
pipes. Micro-irrigation encompasses a number of methods or 278
concepts, including drip irrigation, micro-bubblers, micro 279
sprays, subsurface irrigation, or low-volume or trickle 280
irrigation. 281
(34) "Micro-irrigation emission device" means an emission 282
device intended to discharge water in the form of drops or a 283
continuous stream at rates less than 30 gallons of water per 284
hour or 113.5 liters per hour at the largest area of coverage 285
available for the nozzle series when operated at 30 pounds per 286
square inch, except during flushing. 287
(35) "Micro-spray" means a micro-irrigation emission 288
device that uses small-diameter tubing and small orifice micro-289
spray heads to limit water output and deliver water more 290
directly to the plant root zone by converting irrigation water 291
pressure to discharge water at a flow rate not exceeding 30 292
gallons per hour or 113.5 liters per hour at the largest area of 293
coverage available for the nozzle series when operated at 30 294
pounds per square inch. Micro-spraying includes the use of 295
micro-bubblers, micro-spinners, or micro-spray jets. 296
(36) "Nozzle" means the discharge opening or orifice of an 297
emission device used to control the volume, distribution 298
pattern, or droplet size of water discharge. 299
(37) "Nozzle throw diameter" means the entire measured 300

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width of the throw of a sprinkler head. 301
(38) "Operating pressure" means the water pressure 302
necessary to operate an emission device. Operating pressure may 303
be described as any of the following: 304
(a) "Maximum operating pressure," meaning the highest 305
manufacturer-recommended pressure to ensure proper operation of 306
an emission device. 307
(b) "Minimum operating pressure," meaning the lowest 308
manufacturer-recommended pressure to ensure proper operation of 309
an emission device. 310
(c) "Recommended operating pressure," meaning the 311
manufacturer's recommended pressure for operation of an emission 312
device. 313
(39) "Operator/manager" means a person or an entity 314
responsible for management of an irrigation system. 315
(40) "Orifice" means an opening with a closed perimeter 316
through which water flows. 317
(41) "Person" means any person, firm, partnership, 318
association, corporation, company, or organization. 319
(42) "Radius of throw" means the distance of throw for a 320
circular wetting pattern. 321
(43) "Reclaimed water" means water that has been treated 322
in municipal wastewater facilities, has received at least 323
secondary treatment and basic disinfection, and is safe to use 324
for irrigation and other permitted purposes. 325

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(44) "Residential landscape irrigation" means the 326
irrigation of landscapes associated with any residential housing 327
unit having sanitary facilities and kitchen facilities designed 328
to accommodate one or more residents, including single-family 329
homes, multifamily housing units, and mobile homes. 330
(45) "Riser" means a threaded pipe to which sprinklers or 331
other emitters are attached for above-ground placement. 332
(46) "Rotor sprinkler" means a sprinkler that applies 333
water in a pattern to a defined landscape area by means of one 334
or more rotating streams. 335
(47) "Smart irrigation controller" means a device designed 336
to reduce outdoor water use by irrigating based on a plant's 337
watering needs. There are two basic types: 338
(a) Weather-based irrigation controllers, which use local 339
weather and landscape conditions to tailor watering schedules. 340
(b) Soil moisture-based irrigation controllers, which 341
monitor moisture levels in the soil to prevent irrigation when 342
water is not needed. 343
(48) "Spacing" means the distance between sprinklers or 344
other emitters. 345
(49) "Spray sprinkler" means a sprinkler that steadily 346
applies water in a pattern to a defined landscape area. 347
(50) "Sprinkler" means an emission device consisting of a 348
sprinkler body with one or more nozzles or orifices to convert 349
irrigation water pressure to high-velocity water discharge 350

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through the atmosphere, discharging a minimum of 0.5 gallons per 351
minute or 1.9 liters per minute at the largest area of coverage 352
available for the nozzle series when operated at 30 pounds per 353
square inch or more with a full-circle wetting pattern. 354
(51) "Sprinkler body" means the exterior case or shell of 355
a sprinkler incorporating a means of connection to the piping 356
system, designed to convey water to a nozzle or an orifice. The 357
term includes, but is not limited to, all of the following: 358
(a) "Rotor sprinkler body," meaning a sprinkler body that 359
contains components to drive the rotation of the nozzle or 360
orifice during operation without an integral control valve. 361
(b) "Spray sprinkler body," meaning a sprinkler body that 362
does not contain components to drive the rotation of the nozzle 363
or orifice during operation without an integral control valve. 364
(c) "Valve-in-head sprinkler body," meaning a sprinkler 365
body that contains an integral control valve. 366
(52) "Substantial improvement or modification" means any 367
reconstruction, rehabilitation, addition, or other modification 368
of a structure, the cost of which equals or exceeds 50 percent 369
of the market value of the structure before the start of 370
construction of the modification. The term includes structures 371
that have incurred substantial damage, regardless of the actual 372
repair work performed. The term does not include any of the 373
following: 374
(a) Any project for improvement of a structure to correct 375

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existing violations of state or local health, sanitary, or 376
safety code specifications which have been identified by the 377
local code enforcement official and which improvements are the 378
minimum necessary to assure safe living conditions. 379
(b) Any alteration of a historic structure, provided that 380
the alteration will not preclude the structure's continued 381
designation as an historic structure. 382
(53) "Subsurface irrigation" means a landscape irrigation 383
system equipped with water emitters and a delivery line 384
installed below the soil surface. Such system is designed to 385
distribute water to soils directly from under the surface to 386
prevent airborne drift and minimize runoff. 387
(54) "Supply" means the origin or source of the water used 388
in an landscape irrigation system. 389
(55) "Temporary establishment irrigation" means the short-390
term use of irrigation for the establishment of new vegetation 391
which must be removed once the plants are established. 392
(56) "Throw" means the measured distance from the nozzle 393
or orifice of a sprinkler head to where the sprinkler deposits 394
water. 395
(57) "Turfgrass" means a groundcover surface of mowed 396
grass. 397
(58) "Valve" means a device used to control the flow of 398
water within a landscape irrigation system. 399
(59) "Weather-based irrigation controller" means a device 400

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that uses climatic information to determine when the landscape 401
irrigation system operates by reducing or cancelling irrigation 402
in response to rainfalls, temperature, and other climatic 403
conditions. 404
(60) "Wetting area" means a wetting pattern created by an 405
emission device or multiple emission devices in a defined area. 406
Section 4. Section 373.1864, Florida Statutes, is created 407
to read: 408
373.1864 Legislative findings; landscape irrigation system 409
permit; plan design.— 410
(1) The Legislature finds that the landscape irrigation 411
system permit application procedures in this section provide an 412
economical, efficient, and safe method of reviewing proposed 413
landscape irrigation system plans and specifications before 414
installation, by: 415
(a) Requiring the evaluation of proposed plans for a 416
landscape irrigation system; and 417
(b) Ensuring that, if approved, the landscape irrigation 418
system is installed, maintained, and operated in a manner 419
consistent with a comprehensive plan pursuant to ss. 163.3177 420
and 163.3178 and the health, safety, and general welfare of 421
residents. 422
(2) A person may not install, maintain, alter, repair, 423
service, or inspect a landscape irrigation system, or consult on 424
these activities, unless the person is a licensed irrigation 425

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contractor or the property owner. A local government or water 426
management district may adopt more stringent requirements for a 427
property owner who installs an irrigation system. Only a 428
licensed irrigation contractor may connect a landscape 429
irrigation system to a water supply. 430
(3) To obtain a landscape irrigation permit, a licensed 431
irrigation contractor must submit an application to the 432
appropriate local government or water management district which 433
contains all of the following information: 434
(a) The licensed irrigation contractor's name, address, 435
phone number, and e-mail address. 436
(b) The landscape irrigation contractor's license. 437
(c) A landscape irrigation plan with design drawings that 438
identify all design elements, development materials, and 439
proposed installation methods. Commercial, industrial, 440
multifamily, and municipal buildings must meet any additional 441
requirements provided in Appendix F of the Plumbing Volume of 442
the Florida Building Code. 443
(d) An application fee paid to the appropriate local 444
government or water management district. 445
(4) The licensed irrigation contractor shall create 446
landscape irrigation plan design drawings that are clearly 447
legible at a reasonable scale, display the entire site to be 448
irrigated, and include all modifications. Such design drawings 449
must show that there will not be any drainage from any emission 450

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device when the irrigation system is turned off. 451
(5)(a) Landscape irrigation plans must provide 452
accommodations for smaller areas of sprinkler irrigation, 453
including irrigated turfgrass areas, irrigated landscape bed 454
areas, and unirrigated areas, to prevent direct spray onto 455
buildings, driveways, roadways, or other impervious hardscapes. 456
(b) Such irrigated areas less than 4 feet wide must be 457
irrigated with micro-irrigation or zone-appropriate spray heads. 458
(6) The licensed irrigation contractor must submit the 459
landscape irrigation system permit application and plan to the 460
appropriate local government or water management district before 461
building construction commences. 462
(7) Before a local government or water management district 463
may issue a landscape irrigation permit, the licensed irrigation 464
contractor must provide the local government or water management 465
district with all of the following: 466
(a) A Letter of Certification of Design for a Landscape 467
Irrigation System developed by the department certifying the 468
design is consistent with the requirements of this section and 469
signed by a landscape irrigation system professional. 470
(b) A Letter of Completion Certifying Compliance with 471
Design for a Landscape Irrigation System developed by the 472
department certifying installation is consistent with the design 473
and signed by a landscape irrigation system professional. 474
(c) Proof of certification by the Florida Water Star 475

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certification program. 476
Section 5. Section 373.1865, Florida Statutes, is created 477
to read: 478
373.1865 Landscape irrigation system requirements.— 479
(1) PURPOSE.—The Legislature finds that the purpose of 480
landscape irrigation system standards is to ensure that 481
irrigation systems are designed for maximum efficiency and 482
uniformity in the irrigation zone and that systems prioritize 483
all of the following: 484
(a) Proper installation. 485
(b) Appropriate watering scheduling and run times 486
consistent with s. 373.1866. 487
(c) Regular maintenance by qualified entities. 488
(d) Irrigation for establishment, post-establishment 489
scheduling, and appropriate removal. 490
(2) LANDSCAPE IRRIGATION SYSTEM REQUIREMENTS.— 491
(a) A landscape irrigation system must be divided into 492
zones based on all of the following factors: 493
1. Available flow rate. 494
2. Cultural use of the area. 495
3. Type of vegetation irrigated, such as native plants, 496
shrubs, or turfgrass. 497
4. Type of sprinklers, including sprinklers with matching 498
precipitation rates. 499
5. Soil characteristics and slope. 500

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6. Sun exposure. 501
(b) Spray heads and rotors may not be mixed in the same 502
zone, and bubblers for trees must be in separate zones. 503
(c) Turfgrass and landscape beds must be irrigated in 504
separate zones. 505
(d) Landscape irrigation systems must be designed to use 506
the lowest quality water that is available, is feasible to use, 507
and has been evaluated as suitable. This includes reclaimed 508
water and stormwater. 509
(3) SPRINKLER SPACING REQUIREMENTS.—Landscape irrigation 510
system sprinkler spacing must be designed and maintained in the 511
following manner: 512
(a) Sprinkler heads must be spaced at 50 percent of the 513
nozzle throw diameter from adjacent sprinkler heads in all 514
directions the nozzle throws. The respective local government 515
may allow a variance for areas where head-to-head spacing will 516
oversaturate the soil or lead to inefficient water use. 517
(b) Sprinklers must be spaced at least 12 inches from 518
buildings and 4 inches from impervious areas. 519
(c) Sprinkler heads for turfgrass areas must be designed 520
and maintained with: 521
1. A minimum 6-inch-high sprinkler body for St. Augustine, 522
Zoysia, or Bahia grasses. 523
2. A minimum 4-inch-high sprinkler body for Centipede, 524
Bermuda, or Seashore Paspalum grasses. 525

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(d) Sprinkler inspections, conducted by an irrigation 526
inspector, must take place at least quarterly to avoid watering 527
of impervious surfaces. 528
(e) Rotors and sprays in turf areas must be spaced to 529
achieve head-to-head coverage. 530
(f) All sprinkler heads must be pressure-regulated at the 531
head or zone valve and set to manufacturer specifications. 532
(g) Landscape irrigation system pipes must maintain a 533
maximum of 5 feet per second water flow velocity for landscape 534
irrigation system integrity. 535
(4) LANDSCAPE IRRIGATION EQUIPMENT, CAPACITY, AND 536
ACCESSORIES.—Landscape irrigation systems must be equipped with 537
all of the following: 538
(a) The capacity to operate in the range of 30 to 40 539
pounds per square inch at each spray head or 40 to 50 pounds per 540
square inch at each rotor. 541
(b) Filter devices to ensure emitters maintain proper cast 542
and coverage. 543
(c) An irrigation controller or smart irrigation 544
controller that includes a weather-based irrigation controller. 545
Such controllers must have nonvolatile memory or battery backup 546
capacity that retains the irrigation schedule, set pursuant to 547
s. 373.1866, during and after power outages. 548
(5) ADDITIONAL REGULATIONS.— 549
(a) High-volume irrigation areas may not exceed 60 percent 550

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of the total area to be irrigated. Low-volume irrigation areas 551
may be used in lieu of any high-volume irrigation area. 552
(b) Irrigation risers may not be installed. 553
(c) There must be a minimum of 4 inches between 554
distribution equipment, including sprinklers, pumps, valves, or 555
other components, and impervious surfaces. 556
(d) Landscape irrigation systems must use micro-irrigation 557
in landscape beds if supplemental irrigation is needed. 558
Section 6. Section 373.1866, Florida Statutes, is created 559
to read: 560
373.1866 Landscape irrigation watering schedule.— 561
(1) SCHEDULE.— 562
(a) When daylight saving time is in effect, landscape 563
irrigation may occur only in accordance with the following 564
irrigation schedule: 565
1. Residential landscape irrigation at odd-numbered 566
addresses or properties with no address may occur only on 567
Wednesday or Saturday and may not occur between 10 a.m. and 4 568
p.m. 569
2. Residential landscape irrigation at even-numbered 570
addresses may occur only on Thursday or Sunday and may not occur 571
between 10 a.m. and 4 p.m. 572
3. Nonresidential landscape irrigation may occur only on 573
Tuesday or Friday and may not occur between 10 a.m. and 4 p.m. 574
4. No more than 0.75 inches of water may be applied per 575

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irrigation zone on any day that irrigation occurs, and such 576
irrigation may not occur for more than 1 hour per irrigation 577
zone on any day that irrigation occurs. 578
(b) When Eastern Standard Time is in effect, landscape 579
irrigation may occur only in accordance with the following 580
irrigation schedule: 581
1. Residential landscape irrigation at odd-numbered 582
addresses or properties with no address may occur only on 583
Saturday and may not occur between 10 a.m. and 4 p.m. 584
2. Residential landscape irrigation at even-numbered 585
addresses may occur only on Sunday and may not occur between 10 586
a.m. and 4 p.m. 587
3. Nonresidential landscape irrigation may occur only on 588
Tuesday and may not occur between 10 a.m. and 4 p.m. 589
4. No more than 0.75 inches of water may be applied per 590
irrigation zone on any day that irrigation occurs, and such 591
irrigation may not occur for more than 1 hour per irrigation 592
zone on any day that irrigation occurs. 593
(c) When Central Standard Time is in effect, landscape 594
irrigation may occur only in accordance with the following 595
irrigation schedule: 596
1. Residential landscape irrigation at odd-numbered 597
addresses or properties with no address may occur only on 598
Saturday and may not occur between 10 a.m. and 4 p.m. 599
2. Residential landscape irrigation at even-numbered 600

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addresses may occur only on Sunday and may not occur between 10 601
a.m. and 4 p.m. 602
3. Nonresidential landscape irrigation may occur only on 603
Tuesday and may not occur between 10 a.m. and 4 p.m. 604
4. No more than 0.75 inches of water may be applied per 605
irrigation zone on any day that irrigation occurs, and such 606
irrigation may not occur for more than 1 hour per irrigation 607
zone on any day that irrigation occurs. 608
(d) Landscape irrigation watering may be limited to only 609
that which may be necessary to meet the landscape's needs. 610
(e) The owner of a new irrigation system must adopt the 611
watering schedule outlined in paragraphs (a), (b), and (c) 612
within 60 days after such system is installed. The licensed 613
irrigation contractor who installed such irrigation system must 614
provide the property owner or user with all of the following 615
post-construction and maintenance system information: 616
1. The irrigation system plan design drawings. 617
2. Maintenance activities and schedules. 618
3. The system's operational schedule. 619
4. Instructions for adjusting the system. 620
5. Water shut-off method. 621
6. The manufacturer's operational guide for the 622
controller. 623
(2) VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS.— 624
(a) A local government may grant a variance from the 625

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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 646
of 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

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(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-665
conditioning unit or other water-dependent cooling system is not 666
restricted 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

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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 696
governments, shall authorize law enforcement personnel or other 697
government 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

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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 703
violations. 704
2. Funds generated by penalties imposed pursuant to 705
subparagraph 1. shall be used by the respective local government 706
for the administration and enforcement of this act and to 707
further water conservation activities. 708
(b) Regular maintenance and replacement of worn or broken 709
components which interrupts or inhibits the operation of a 710
landscape irrigation system is not a violation of this act if 711
such repairs are conducted within a reasonable time. 712
(c) Enforcement officials may not provide violators with 713
more than one written warning before assessing a fine. 714
(d) The appropriate local government may take any other 715
appropriate legal action, including, but not limited to, 716
injunctive action, to enforce this section. 717
Section 8. Section 373.1868, Florida Statutes, is created 718
to read: 719
373.1868 Severability; conflicting law, rules, or 720
regulations.— 721
(1) If any provision of this act or its application to any 722
person or circumstance is held to be invalid by a court of 723
competent jurisdiction, the invalidity does not affect other 724
provisions or applications of this act which can be given effect 725

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without the invalid provision or application, and to this end 726
the provisions of this act are severable. 727
(2) It is unlawful for any governmental entity to adopt or 728
to attempt to enforce any law, rule, or regulation in conflict 729
with the provisions of this act. 730
Section 9. Section 373.1869, Florida Statutes, is created 731
to read: 732
373.1869 Rulemaking.—The department may adopt rules to 733
implement this act. 734
Section 10. Section 373.62, Florida Statutes, is amended 735
to read: 736
373.62 Water conservation; automatic sprinkler systems.— 737
(1) A licensed irrigation contractor Any person who 738
purchases and installs an automatic landscape irrigation system 739
shall must properly install, maintain, and operate technology 740
that inhibits or interrupts operation of the system during 741
periods of sufficient moisture. 742
(2) A licensed irrigation contractor who installs or 743
performs work on an automatic landscape irrigation system shall 744
must test for the correct operation of each inhibiting or 745
interrupting device or switch on that system. If such devices or 746
switches are not installed in the system or are not in proper 747
operating condition, the licensed irrigation contractor must 748
install new ones or repair the existing ones and confirm that 749
each device or switch is in proper operating condition before 750

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completing other work on the system. 751
(3) The department shall create a model ordinance by 752
January 15, 2010, that may be adopted and enforced by local 753
governments. The ordinance must, at a minimum: 754
(a) Require licensed contractors to report automatic 755
landscape irrigation systems that are not in compliance with 756
this section to the appropriate authority. 757
(b) Provide penalties for licensed contractors who do not 758
comply with this section. The minimum penalty must be $50 for a 759
first offense, $100 for a second offense, and $250 for a third 760
or subsequent offense. 761
762
Regular maintenance and replacement of worn or broken technology 763
which interrupts or inhibits the operation of an automatic 764
landscape irrigation system is not a violation of this section 765
if such repairs are conducted within a reasonable time. 766
(4) Local governments may adopt the model ordinance by 767
October 1, 2010. Local governments that impose requirements that 768
are more stringent than the model ordinance are exempt from 769
adopting the ordinance. 770
(5) Funds generated by penalties imposed under the 771
ordinance shall be used by the local government for the 772
administration and enforcement of this section and to further 773
water conservation activities. 774
(6) For purposes of this section, a licensed irrigation 775

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contractor includes an individual who holds a specific 776
irrigation contractor's license issued by a county. 777
(4)(a)(7)(a) The Legislature recognizes that lawn and 778
landscape irrigation systems use a substantial amount of the 779
state's potable water. The Legislature finds that smart 780
irrigation systems that use soil moisture sensors with remote 781
monitoring and adjustment capabilities, if properly installed 782
and monitored, provide more efficient irrigation and save 783
substantially more water than conventional time-controlled 784
irrigation systems. This is because smart irrigation systems 785
apply water to lawns and plants only as necessary to maintain 786
required soil moisture, thus minimizing the overwatering or 787
unnecessary watering that occurs with conventional irrigation 788
systems. However, in order for this technology to optimize the 789
efficient application of water it cannot be subject to day or 790
days-of-the-week watering restrictions. The Legislature, 791
therefore, recognizes that enacting a statewide process to 792
provide an exemption from local water restriction ordinances 793
will accelerate the adoption of this water saving technology. 794
Further, a uniform exemption process will streamline variance 795
procedures and minimize delay in implementing such technology. 796
The longer it takes to approve soil moisture sensor control 797
systems, the more potable water is wasted. A uniform variance 798
process will allow state residents to maintain their property 799
and protect water resources while enjoying their landscapes. 800

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(b) For purposes of this subsection, the term: 801
1. "Monitoring entity" means a local government, community 802
development district created pursuant to chapter 190, a 803
homeowners' association created pursuant to chapter 720, a 804
condominium association created pursuant to chapter 718, a 805
cooperative created pursuant to chapter 719, or a public or 806
private utility. 807
2. "Soil moisture sensor" means a soil-based device that 808
assesses the available plant soil moisture in order to minimize 809
the unnecessary use of water and optimize the effectiveness of 810
an irrigation system. 811
3. "Soil moisture sensor control system" is the collective 812
term for an entire soil moisture sensor system that has remote 813
monitoring and adjustment capability. 814
(c) A variance from day or days-of-the-week watering 815
schedules pursuant to s. 373.1866 restrictions, which includes 816
shall include the maximum soil set point for different soil 817
types within the monitoring entity's jurisdiction, must shall be 818
granted by the applicable water management district for any 819
residential, commercial, or recreational user within a 820
monitoring entity's jurisdiction having a soil moisture sensor 821
control system if the monitoring entity certifies that: 822
1. Each soil moisture sensor control system installed 823
within its jurisdiction will have multiple soil sensors that 824
conform to different soil types and slopes in order to optimize 825

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water use for each user, adjust irrigation schedules based on 826
soil moisture requirements, and be installed by a licensed 827
contractor in a manner that is consistent with the Field Guide 828
to Soil Moisture Sensor Use in Florida by the University of 829
Florida IFAS Extension Program for Resource Efficient 830
Communities. 831
2. It has the ability to monitor the status of each 832
individual user's system and to remotely modify the system 833
settings for irrigation cycles and run times. 834
3. It will electronically post and update a list of active 835
users of soil moisture sensor control systems within its 836
jurisdiction on a monthly basis and provide Internet access to 837
such listing and the monitoring database to the water management 838
district and the local government. 839
4. It shall provide notice to a user of noncompliant 840
activity within 48 hours after such activity and, if the user 841
does not take corrective action within 48 hours after such 842
notice, it will remove the posted notice required in 843
subparagraph 5. and remove the user from the active users list 844
required by subparagraph 3. 845
5. It shall post a notice at each parcel that has 846
installed a compliant soil moisture sensor control system in 847
plain view from the nearest roadway stating: "Irrigating with 848
Smart Irrigation Controller," with the address of the parcel, 849
and shall remove the notice if the user is no longer being 850

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monitored by the monitoring entity. 851
(d) Upon installation of a soil moisture sensor control 852
system, the licensed contractor shall certify to the monitoring 853
entity that subparagraphs (c)1. and (c)2. have been met. 854
1. The monitoring entity shall post the notice required by 855
subparagraph (c)5. on the user's property and update the 856
Internet listing of users of active soil moisture sensor control 857
systems to include the new user. 858
2. On an annual basis a professional engineer licensed 859
under chapter 471 or a professional landscape architect licensed 860
under chapter 481 shall perform an annual maintenance review of 861
all soil moisture sensor control systems within the monitoring 862
entity's jurisdiction and certify to the monitoring entity which 863
systems are properly operating and in compliance with paragraph 864
(c). The monitoring entity shall update its Internet listing of 865
users of active soil moisture sensor control systems based on 866
the certification. 867
(e) Failure by the monitoring entity to ensure continual 868
compliance with the condition of this variance shall be cause 869
for the appropriate water management district to revoke the 870
variance upon proper notice to the monitoring entity. 871
(f) The variance provided in this subsection applies to 872
day or days-of-the-week schedules pursuant to s. 373.1866 873
watering restrictions of the water management district as 874
preempted by s. 373.217. All other applicable local government 875

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and water management district restrictions related to 876
irrigation, including, but not limited to, a prohibition on 877
irrigation and time-of-day watering requirements and water 878
shortage or emergency orders issued pursuant to s. 373.246(2) 879
and (7), remain applicable to the soil moisture sensor control 880
system users within a monitoring entity's jurisdiction. 881
(g) This subsection does not require a property owner to 882
install a soil moisture sensor control system. This subsection 883
also does not prohibit a property owner from installing soil 884
moisture sensors and seeking an individual variance from the 885
applicable water management district even if such property is 886
located within the jurisdiction of a monitoring entity that has 887
been granted a variance pursuant to paragraph (c). 888
Section 11. Subsection (3) of section 489.105, Florida 889
Statutes, is amended to read: 890
489.105 Definitions.—As used in this part: 891
(3) "Contractor" means the person who is qualified for, 892
and is only responsible for, the project contracted for and 893
means, except as exempted in this part, the person who, for 894
compensation, undertakes to, submits a bid to, or does himself 895
or herself or by others construct, repair, alter, remodel, add 896
to, demolish, subtract from, or improve any building or 897
structure, including related improvements to real estate, for 898
others or for resale to others; and whose job scope is 899
substantially similar to the job scope described in one of the 900

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paragraphs of this subsection. For the purposes of regulation 901
under this part, the term "demolish" applies only to demolition 902
of steel tanks more than 50 feet in height; towers more than 50 903
feet in height; other structures more than 50 feet in height; 904
and all buildings or residences. Contractors are subdivided into 905
two divisions, Division I, consisting of those contractors 906
defined in paragraphs (a)-(c), and Division II, consisting of 907
those contractors defined in paragraphs (d)-(r) (d)-(q): 908
(a) "General contractor" means a contractor whose services 909
are unlimited as to the type of work which he or she may do, who 910
may contract for any activity requiring licensure under this 911
part, and who may perform any work requiring licensure under 912
this part, except as otherwise expressly provided in s. 489.113. 913
(b) "Building contractor" means a contractor whose 914
services are limited to construction of commercial buildings and 915
single-dwelling or multiple-dwelling residential buildings, 916
which do not exceed three stories in height, and accessory use 917
structures in connection therewith or a contractor whose 918
services are limited to remodeling, repair, or improvement of 919
any size building if the services do not affect the structural 920
members of the building. 921
(c) "Residential contractor" means a contractor whose 922
services are limited to construction, remodeling, repair, or 923
improvement of one-family, two-family, or three-family 924
residences not exceeding two habitable stories above no more 925

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than one uninhabitable story and accessory use structures in 926
connection therewith. 927
(d) "Sheet metal contractor" means a contractor whose 928
services are unlimited in the sheet metal trade and who has the 929
experience, knowledge, and skill necessary for the manufacture, 930
fabrication, assembling, handling, erection, installation, 931
dismantling, conditioning, adjustment, insulation, alteration, 932
repair, servicing, or design, if not prohibited by law, of 933
ferrous or nonferrous metal work of U.S. No. 10 gauge or its 934
equivalent or lighter gauge and of other materials, including, 935
but not limited to, fiberglass, used in lieu thereof and of air-936
handling systems, including the setting of air-handling 937
equipment and reinforcement of same, the balancing of air-938
handling systems, and any duct cleaning and equipment sanitizing 939
that requires at least a partial disassembling of the system. 940
(e) "Roofing contractor" means a contractor whose services 941
are unlimited in the roofing trade and who has the experience, 942
knowledge, and skill to install, maintain, repair, alter, 943
extend, or design, if not prohibited by law, and use materials 944
and items used in the installation, maintenance, extension, and 945
alteration of all kinds of roofing, waterproofing, and coating, 946
except when coating is not represented to protect, repair, 947
waterproof, stop leaks, or extend the life of the roof. The 948
scope of work of a roofing contractor also includes all of the 949
following and any related work: skylights; required roof-deck 950

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attachments; any repair or replacement of wood roof sheathing or 951
fascia as needed during roof repair or replacement; and the 952
evaluation and enhancement of roof-to-wall connections for 953
structures with wood roof decking as described in Section 706 of 954
the Florida Building Code-Existing Building, provided that any 955
enhancement, which was properly installed and inspected in 956
accordance with the Office of Insurance Regulation uniform 957
mitigation verification inspection form, the Florida Building 958
Code, or project specific engineering that exceeds these 959
requirements, is done in conjunction with a roof covering 960
replacement or repair. 961
(f) "Class A air-conditioning contractor" means a 962
contractor whose services are unlimited in the execution of 963
contracts requiring the experience, knowledge, and skill to 964
install, maintain, repair, fabricate, alter, extend, or design, 965
if not prohibited by law, central air-conditioning, 966
refrigeration, heating, and ventilating systems, including duct 967
work in connection with a complete system if such duct work is 968
performed by the contractor as necessary to complete an air-969
distribution system, boiler and unfired pressure vessel systems, 970
and all appurtenances, apparatus, or equipment used in 971
connection therewith, and any duct cleaning and equipment 972
sanitizing that requires at least a partial disassembling of the 973
system; to install, maintain, repair, fabricate, alter, extend, 974
or design, if not prohibited by law, piping, insulation of 975

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pipes, vessels and ducts, pressure and process piping, and 976
pneumatic control piping; to replace, disconnect, or reconnect 977
power wiring on the line or load side of the dedicated existing 978
electrical disconnect switch on single phase electrical systems; 979
to repair or replace power wiring, disconnects, breakers, or 980
fuses for dedicated HVAC circuits with proper use of a circuit 981
breaker lock; to install, disconnect, and reconnect low voltage 982
heating, ventilating, and air-conditioning control wiring; and 983
to install a condensate drain from an air-conditioning unit to 984
an existing safe waste or other approved disposal other than a 985
direct connection to a sanitary system. The scope of work for 986
such contractor also includes any excavation work incidental 987
thereto, but does not include any work such as liquefied 988
petroleum or natural gas fuel lines within buildings, except for 989
disconnecting or reconnecting changeouts of liquefied petroleum 990
or natural gas appliances within buildings; potable water lines 991
or connections thereto; sanitary sewer lines; swimming pool 992
piping and filters; or electrical power wiring. A Class A air-993
conditioning contractor may test and evaluate central air-994
conditioning, refrigeration, heating, and ventilating systems, 995
including duct work; however, a mandatory licensing requirement 996
is not established for the performance of these specific 997
services. 998
(g) "Class B air-conditioning contractor" means a 999
contractor whose services are limited to 25 tons of cooling and 1000

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500,000 Btu of heating in any one system in the execution of 1001
contracts requiring the experience, knowledge, and skill to 1002
install, maintain, repair, fabricate, alter, extend, or design, 1003
if not prohibited by law, central air-conditioning, 1004
refrigeration, heating, and ventilating systems, including duct 1005
work in connection with a complete system only to the extent 1006
such duct work is performed by the contractor as necessary to 1007
complete an air-distribution system being installed under this 1008
classification, and any duct cleaning and equipment sanitizing 1009
that requires at least a partial disassembling of the system; to 1010
install, maintain, repair, fabricate, alter, extend, or design, 1011
if not prohibited by law, piping and insulation of pipes, 1012
vessels, and ducts; to replace, disconnect, or reconnect power 1013
wiring on the line or load side of the dedicated existing 1014
electrical disconnect switch on single phase electrical systems; 1015
to repair or replace power wiring, disconnects, breakers, or 1016
fuses for dedicated HVAC circuits with proper use of a circuit 1017
breaker lock; to install, disconnect, and reconnect low voltage 1018
heating, ventilating, and air-conditioning control wiring; and 1019
to install a condensate drain from an air-conditioning unit to 1020
an existing safe waste or other approved disposal other than a 1021
direct connection to a sanitary system. The scope of work for 1022
such contractor also includes any excavation work incidental 1023
thereto, but does not include any work such as liquefied 1024
petroleum or natural gas fuel lines within buildings, except for 1025

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disconnecting or reconnecting changeouts of liquefied petroleum 1026
or natural gas appliances within buildings; potable water lines 1027
or connections thereto; sanitary sewer lines; swimming pool 1028
piping and filters; or electrical power wiring. A Class B air-1029
conditioning contractor may test and evaluate central air-1030
conditioning, refrigeration, heating, and ventilating systems, 1031
including duct work; however, a mandatory licensing requirement 1032
is not established for the performance of these specific 1033
services. 1034
(h) "Class C air-conditioning contractor" means a 1035
contractor whose business is limited to the servicing of air-1036
conditioning, heating, or refrigeration systems, including any 1037
duct cleaning and equipment sanitizing that requires at least a 1038
partial disassembling of the system, and whose certification or 1039
registration, issued pursuant to this part, was valid on October 1040
1, 1988. Only a person who was registered or certified as a 1041
Class C air-conditioning contractor as of October 1, 1988, shall 1042
be so registered or certified after October 1, 1988. However, 1043
the board shall continue to license and regulate those Class C 1044
air-conditioning contractors who held Class C licenses before 1045
October 1, 1988. 1046
(i) "Mechanical contractor" means a contractor whose 1047
services are unlimited in the execution of contracts requiring 1048
the experience, knowledge, and skill to install, maintain, 1049
repair, fabricate, alter, extend, or design, if not prohibited 1050

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by law, central air-conditioning, refrigeration, heating, and 1051
ventilating systems, including duct work in connection with a 1052
complete system if such duct work is performed by the contractor 1053
as necessary to complete an air-distribution system, boiler and 1054
unfired pressure vessel systems, lift station equipment and 1055
piping, and all appurtenances, apparatus, or equipment used in 1056
connection therewith, and any duct cleaning and equipment 1057
sanitizing that requires at least a partial disassembling of the 1058
system; to install, maintain, repair, fabricate, alter, extend, 1059
or design, if not prohibited by law, piping, insulation of 1060
pipes, vessels and ducts, pressure and process piping, pneumatic 1061
control piping, gasoline tanks and pump installations and piping 1062
for same, standpipes, air piping, vacuum line piping, oxygen 1063
lines, nitrous oxide piping, ink and chemical lines, fuel 1064
transmission lines, liquefied petroleum gas lines within 1065
buildings, and natural gas fuel lines within buildings; to 1066
replace, disconnect, or reconnect power wiring on the line or 1067
load side of the dedicated existing electrical disconnect switch 1068
on single phase electrical systems; to repair or replace power 1069
wiring, disconnects, breakers, or fuses for dedicated HVAC 1070
circuits with proper use of a circuit breaker lock; to install, 1071
disconnect, and reconnect low voltage heating, ventilating, and 1072
air-conditioning control wiring; and to install a condensate 1073
drain from an air-conditioning unit to an existing safe waste or 1074
other approved disposal other than a direct connection to a 1075

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sanitary system. The scope of work for such contractor also 1076
includes any excavation work incidental thereto, but does not 1077
include any work such as potable water lines or connections 1078
thereto, sanitary sewer lines, swimming pool piping and filters, 1079
or electrical power wiring. A mechanical contractor may test and 1080
evaluate central air-conditioning, refrigeration, heating, and 1081
ventilating systems, including duct work; however, a mandatory 1082
licensing requirement is not established for the performance of 1083
these specific services. 1084
(j) "Commercial pool/spa contractor" means a contractor 1085
whose scope of work involves, but is not limited to, the 1086
construction, repair, and servicing of any swimming pool, or hot 1087
tub or spa, whether public, private, or otherwise, regardless of 1088
use. The scope of work includes the installation, repair, or 1089
replacement of existing equipment, any cleaning or equipment 1090
sanitizing that requires at least a partial disassembling, 1091
excluding filter changes, and the installation of new pool/spa 1092
equipment, interior finishes, the installation of package pool 1093
heaters, the installation of all perimeter piping and filter 1094
piping, and the construction of equipment rooms or housing for 1095
pool/spa equipment, and also includes the scope of work of a 1096
swimming pool/spa servicing contractor. The scope of such work 1097
does not include direct connections to a sanitary sewer system 1098
or to potable water lines. The installation, construction, 1099
modification, or replacement of equipment permanently attached 1100

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to and associated with the pool or spa for the purpose of water 1101
treatment or cleaning of the pool or spa requires licensure; 1102
however, the usage of such equipment for the purposes of water 1103
treatment or cleaning does not require licensure unless the 1104
usage involves construction, modification, or replacement of 1105
such equipment. Water treatment that does not require such 1106
equipment does not require a license. In addition, a license is 1107
not required for the cleaning of the pool or spa in a way that 1108
does not affect the structural integrity of the pool or spa or 1109
its associated equipment. 1110
(k) "Residential pool/spa contractor" means a contractor 1111
whose scope of work involves, but is not limited to, the 1112
construction, repair, and servicing of a residential swimming 1113
pool, or hot tub or spa, regardless of use. The scope of work 1114
includes the installation, repair, or replacement of existing 1115
equipment, any cleaning or equipment sanitizing that requires at 1116
least a partial disassembling, excluding filter changes, and the 1117
installation of new pool/spa equipment, interior finishes, the 1118
installation of package pool heaters, the installation of all 1119
perimeter piping and filter piping, and the construction of 1120
equipment rooms or housing for pool/spa equipment, and also 1121
includes the scope of work of a swimming pool/spa servicing 1122
contractor. The scope of such work does not include direct 1123
connections to a sanitary sewer system or to potable water 1124
lines. The installation, construction, modification, or 1125

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replacement of equipment permanently attached to and associated 1126
with the pool or spa for the purpose of water treatment or 1127
cleaning of the pool or spa requires licensure; however, the 1128
usage of such equipment for the purposes of water treatment or 1129
cleaning does not require licensure unless the usage involves 1130
construction, modification, or replacement of such equipment. 1131
Water treatment that does not require such equipment does not 1132
require a license. In addition, a license is not required for 1133
the cleaning of the pool or spa in a way that does not affect 1134
the structural integrity of the pool or spa or its associated 1135
equipment. 1136
(l) "Swimming pool/spa servicing contractor" means a 1137
contractor whose scope of work involves, but is not limited to, 1138
the repair and servicing of a swimming pool, or hot tub or spa, 1139
whether public or private, or otherwise, regardless of use. The 1140
scope of work includes the repair or replacement of existing 1141
equipment, any cleaning or equipment sanitizing that requires at 1142
least a partial disassembling, excluding filter changes, and the 1143
installation of new pool/spa equipment, interior refinishing, 1144
the reinstallation or addition of pool heaters, the repair or 1145
replacement of all perimeter piping and filter piping, the 1146
repair of equipment rooms or housing for pool/spa equipment, and 1147
the substantial or complete draining of a swimming pool, or hot 1148
tub or spa, for the purpose of repair or renovation. The scope 1149
of such work does not include direct connections to a sanitary 1150

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sewer system or to potable water lines. The installation, 1151
construction, modification, substantial or complete disassembly, 1152
or replacement of equipment permanently attached to and 1153
associated with the pool or spa for the purpose of water 1154
treatment or cleaning of the pool or spa requires licensure; 1155
however, the usage of such equipment for the purposes of water 1156
treatment or cleaning does not require licensure unless the 1157
usage involves construction, modification, substantial or 1158
complete disassembly, or replacement of such equipment. Water 1159
treatment that does not require such equipment does not require 1160
a license. In addition, a license is not required for the 1161
cleaning of the pool or spa in a way that does not affect the 1162
structural integrity of the pool or spa or its associated 1163
equipment. 1164
(m) "Plumbing contractor" means a contractor whose 1165
services are unlimited in the plumbing trade and includes 1166
contracting business consisting of the execution of contracts 1167
requiring the experience, financial means, knowledge, and skill 1168
to install, maintain, repair, alter, extend, or, if not 1169
prohibited by law, design plumbing. A plumbing contractor may 1170
install, maintain, repair, alter, extend, or, if not prohibited 1171
by law, design the following without obtaining an additional 1172
local regulatory license, certificate, or registration: sanitary 1173
drainage or storm drainage facilities, water and sewer plants 1174
and substations, venting systems, public or private water supply 1175

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systems, septic tanks, drainage and supply wells, swimming pool 1176
piping, irrigation systems, and solar heating water systems and 1177
all appurtenances, apparatus, or equipment used in connection 1178
therewith, including boilers and pressure process piping and 1179
including the installation of water, natural gas, liquefied 1180
petroleum gas and related venting, and storm and sanitary sewer 1181
lines. The scope of work of the plumbing contractor also 1182
includes the design, if not prohibited by law, and installation, 1183
maintenance, repair, alteration, or extension of air-piping, 1184
vacuum line piping, oxygen line piping, nitrous oxide piping, 1185
and all related medical gas systems; fire line standpipes and 1186
fire sprinklers if authorized by law; ink and chemical lines; 1187
fuel oil and gasoline piping and tank and pump installation, 1188
except bulk storage plants; and pneumatic control piping 1189
systems, all in a manner that complies with all plans, 1190
specifications, codes, laws, and regulations applicable. The 1191
scope of work of the plumbing contractor applies to private 1192
property and public property, including any excavation work 1193
incidental thereto, and includes the work of the specialty 1194
plumbing contractor. Such contractor shall subcontract, with a 1195
qualified contractor in the field concerned, all other work 1196
incidental to the work but which is specified as being the work 1197
of a trade other than that of a plumbing contractor. This 1198
definition does not limit the scope of work of any specialty 1199
contractor certified pursuant to s. 489.113(6) and does not 1200

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require certification or registration under this part as a 1201
category I liquefied petroleum gas dealer, or category V LP gas 1202
installer, as defined in s. 527.01, who is licensed under 1203
chapter 527 or an authorized employee of a public natural gas 1204
utility or of a private natural gas utility regulated by the 1205
Public Service Commission when disconnecting and reconnecting 1206
water lines in the servicing or replacement of an existing water 1207
heater. A plumbing contractor may perform drain cleaning and 1208
clearing and install or repair rainwater catchment systems; 1209
however, a mandatory licensing requirement is not established 1210
for the performance of these specific services. 1211
(n) "Underground utility and excavation contractor" means 1212
a contractor whose services are limited to the construction, 1213
installation, and repair, on public or private property, whether 1214
accomplished through open excavations or through other means, 1215
including, but not limited to, directional drilling, auger 1216
boring, jacking and boring, trenchless technologies, wet and dry 1217
taps, grouting, and slip lining, of main sanitary sewer 1218
collection systems, main water distribution systems, storm sewer 1219
collection systems, and the continuation of utility lines from 1220
the main systems to a point of termination up to and including 1221
the meter location for the individual occupancy, sewer 1222
collection systems at property line on residential or single-1223
occupancy commercial properties, or on multioccupancy properties 1224
at manhole or wye lateral extended to an invert elevation as 1225

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engineered to accommodate future building sewers, water 1226
distribution systems, or storm sewer collection systems at storm 1227
sewer structures. However, an underground utility and excavation 1228
contractor may install empty underground conduits in rights-of-1229
way, easements, platted rights-of-way in new site development, 1230
and sleeves for parking lot crossings no smaller than 2 inches 1231
in diameter if each conduit system installed is designed by a 1232
licensed professional engineer or an authorized employee of a 1233
municipality, county, or public utility and the installation of 1234
such conduit does not include installation of any conductor 1235
wiring or connection to an energized electrical system. An 1236
underground utility and excavation contractor may not install 1237
piping that is an integral part of a fire protection system as 1238
defined in s. 633.102 beginning at the point where the piping is 1239
used exclusively for such system. 1240
(o) "Solar contractor" means a contractor whose services 1241
consist of the installation, alteration, repair, maintenance, 1242
relocation, or replacement of solar panels for potable solar 1243
water heating systems, swimming pool solar heating systems, and 1244
photovoltaic systems and any appurtenances, apparatus, or 1245
equipment used in connection therewith, whether public, private, 1246
or otherwise, regardless of use. A contractor, certified or 1247
registered pursuant to this chapter, is not required to become a 1248
certified or registered solar contractor or to contract with a 1249
solar contractor in order to provide services enumerated in this 1250

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paragraph that are within the scope of the services such 1251
contractors may render under this part. 1252
(p) "Pollutant storage systems contractor" means a 1253
contractor whose services are limited to, and who has the 1254
experience, knowledge, and skill to install, maintain, repair, 1255
alter, extend, or design, if not prohibited by law, and use 1256
materials and items used in the installation, maintenance, 1257
extension, and alteration of, pollutant storage tanks. Any 1258
person installing a pollutant storage tank shall perform such 1259
installation in accordance with the standards adopted pursuant 1260
to s. 376.303. 1261
(q) "Irrigation contractor" means a contractor whose 1262
services are unlimited in the landscape irrigation trade and who 1263
possesses the experience, knowledge, and skill necessary to 1264
sell, install, design, consult, maintain, alter, repair, or 1265
service an irrigation system, including the connection of such 1266
system to a private or public water supply. This includes system 1267
connection to water wells in unincorporated areas. 1268
(r)(q) "Specialty contractor" means a contractor whose 1269
scope of work and responsibility is limited to a particular 1270
phase of construction established in a category adopted by board 1271
rule and whose scope is limited to a subset of the activities 1272
described in one of the paragraphs of this subsection. 1273
Section 12. Subsections (2) and (4) of section 489.107, 1274
Florida Statutes, are amended, and subsection (1) of that 1275

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section is republished, to read: 1276
489.107 Construction Industry Licensing Board.— 1277
(1) To carry out the provisions of this part, there is 1278
created within the department the Construction Industry 1279
Licensing Board. Members shall be appointed by the Governor, 1280
subject to confirmation by the Senate. Members shall be 1281
appointed for 4-year terms. A vacancy on the board shall be 1282
filled for the unexpired portion of the term in the same manner 1283
as the original appointment. No member shall serve more than two 1284
consecutive 4-year terms or more than 11 years on the board. 1285
(2) The board shall consist of 19 18 members, of whom: 1286
(a) Four are primarily engaged in business as general 1287
contractors; 1288
(b) Three are primarily engaged in business as building 1289
contractors or residential contractors, however, at least one 1290
building contractor and one residential contractor shall be 1291
appointed; 1292
(c) One is primarily engaged in business as a roofing 1293
contractor; 1294
(d) One is primarily engaged in business as a sheet metal 1295
contractor; 1296
(e) One is primarily engaged in business as an air-1297
conditioning contractor; 1298
(f) One is primarily engaged in business as a mechanical 1299
contractor; 1300

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(g) One is primarily engaged in business as a pool 1301
contractor; 1302
(h) One is primarily engaged in business as a plumbing 1303
contractor; 1304
(i) One is primarily engaged in business as an underground 1305
utility and excavation contractor; 1306
(j) One is primarily engaged in business as a landscape 1307
irrigation contractor; 1308
(k)(j) Two are consumer members who are not, and have 1309
never been, members or practitioners of a profession regulated 1310
by the board or members of any closely related profession; and 1311
(l)(k) Two are building officials of a municipality or 1312
county. 1313
(4) The board shall be divided into two divisions, 1314
Division I and Division II. 1315
(a) Division I consists is comprised of the general 1316
contractor, building contractor, and residential contractor 1317
members of the board; one of the members appointed pursuant to 1318
paragraph (2)(k) (2)(j); and one of the members appointed 1319
pursuant to paragraph (2)(l)(2)(k). Division I has jurisdiction 1320
over the regulation of general contractors, building 1321
contractors, and residential contractors. 1322
(b) Division II consists is comprised of the roofing 1323
contractor, sheet metal contractor, air-conditioning contractor, 1324
mechanical contractor, pool contractor, plumbing contractor, 1325

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licensed irrigation contractor, and underground utility and 1326
excavation contractor members of the board; one of the members 1327
appointed pursuant to paragraph (2)(k) (2)(j); and one of the 1328
members appointed pursuant to paragraph (2)(l) (2)(k). Division 1329
II has jurisdiction over the regulation of contractors defined 1330
in s. 489.105(3)(d)-(q) s. 489.105(3)(d)-(p). 1331
(c) Jurisdiction for the regulation of specialty 1332
contractors defined in s. 489.105(3)(r) s. 489.105(3)(q) shall 1333
lie with the division having jurisdiction over the scope of work 1334
of the specialty contractor as defined by board rule. 1335
Section 13. Subsection (2) of section 489.111, Florida 1336
Statutes, is amended to read: 1337
489.111 Licensure by examination.— 1338
(2) A person shall be eligible for licensure by 1339
examination if the person: 1340
(a) Is 18 years of age; 1341
(b) Is of good moral character; and 1342
(c) Meets eligibility requirements according to one of the 1343
following criteria: 1344
1. Has received a baccalaureate degree from an accredited 1345
4-year college in the appropriate field of engineering, 1346
architecture, or building construction and has 1 year of proven 1347
experience in the category in which the person seeks to qualify. 1348
For the purpose of this part, a minimum of 2,000 person-hours 1349
shall be used in determining full-time equivalency. An applicant 1350

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who is exempt from passing an examination under s. 489.113(1) is 1351
eligible for a license under this section. 1352
2. Has a total of at least 4 years of active experience as 1353
a worker who has learned the trade by serving an apprenticeship 1354
as a skilled worker who is able to command the rate of a 1355
mechanic in the particular trade or as a foreman who is in 1356
charge of a group of workers and usually is responsible to a 1357
superintendent or a contractor or his or her equivalent; 1358
provided, however, that at least 1 year of active experience 1359
shall be as a foreman. 1360
3. Has a combination of not less than 1 year of experience 1361
as a foreman and not less than 3 years of credits for any 1362
accredited college-level courses; has a combination of not less 1363
than 1 year of experience as a skilled worker, 1 year of 1364
experience as a foreman, and not less than 2 years of credits 1365
for any accredited college-level courses; or has a combination 1366
of not less than 2 years of experience as a skilled worker, 1 1367
year of experience as a foreman, and not less than 1 year of 1368
credits for any accredited college-level courses. All junior 1369
college or community college-level courses shall be considered 1370
accredited college-level courses. 1371
4.a. An active certified residential contractor is 1372
eligible to receive a certified building contractor license 1373
after passing or having previously passed the building 1374
contractors' examination if he or she possesses a minimum of 3 1375

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years of proven experience in the classification in which he or 1376
she is certified. 1377
b. An active certified residential contractor is eligible 1378
to receive a certified general contractor license after passing 1379
or having previously passed the general contractors' examination 1380
if he or she possesses a minimum of 4 years of proven experience 1381
in the classification in which he or she is certified. 1382
c. An active certified building contractor is eligible to 1383
receive a certified general contractor license after passing or 1384
having previously passed the general contractors' examination if 1385
he or she possesses a minimum of 4 years of proven experience in 1386
the classification in which he or she is certified. 1387
5.a. An active certified air-conditioning Class C 1388
contractor is eligible to receive a certified air-conditioning 1389
Class B contractor license after passing or having previously 1390
passed the air-conditioning Class B contractors' examination if 1391
he or she possesses a minimum of 3 years of proven experience in 1392
the classification in which he or she is certified. 1393
b. An active certified air-conditioning Class C contractor 1394
is eligible to receive a certified air-conditioning Class A 1395
contractor license after passing or having previously passed the 1396
air-conditioning Class A contractors' examination if he or she 1397
possesses a minimum of 4 years of proven experience in the 1398
classification in which he or she is certified. 1399
c. An active certified air-conditioning Class B contractor 1400

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is eligible to receive a certified air-conditioning Class A 1401
contractor license after passing or having previously passed the 1402
air-conditioning Class A contractors' examination if he or she 1403
possesses a minimum of 1 year of proven experience in the 1404
classification in which he or she is certified. 1405
6.a. An active certified swimming pool servicing 1406
contractor is eligible to receive a certified residential 1407
swimming pool contractor license after passing or having 1408
previously passed the residential swimming pool contractors' 1409
examination if he or she possesses a minimum of 3 years of 1410
proven experience in the classification in which he or she is 1411
certified. 1412
b. An active certified swimming pool servicing contractor 1413
is eligible to receive a certified commercial swimming pool 1414
contractor license after passing or having previously passed the 1415
swimming pool commercial contractors' examination if he or she 1416
possesses a minimum of 4 years of proven experience in the 1417
classification in which he or she is certified. 1418
c. An active certified residential swimming pool 1419
contractor is eligible to receive a certified commercial 1420
swimming pool contractor license after passing or having 1421
previously passed the commercial swimming pool contractors' 1422
examination if he or she possesses a minimum of 1 year of proven 1423
experience in the classification in which he or she is 1424
certified. 1425

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d. An applicant is eligible to receive a certified 1426
swimming pool/spa servicing contractor license after passing or 1427
having previously passed the swimming pool/spa servicing 1428
contractors' examination if he or she has satisfactorily 1429
completed 60 hours of instruction in courses related to the 1430
scope of work covered by that license and approved by the 1431
Construction Industry Licensing Board by rule and has at least 1 1432
year of proven experience related to the scope of work of such a 1433
contractor. 1434
7. An applicant may submit an application to the 1435
department to take the irrigation contractors' examination after 1436
he or she satisfactorily completes 60 hours of instruction in 1437
courses related to the scope of work covered by that license and 1438
approved by the Construction Industry Licensing Board by rule. 1439
Section 14. Paragraph (a) of subsection (4) of section 1440
489.117, Florida Statutes, is amended to read: 1441
489.117 Registration; specialty contractors.— 1442
(4)(a)1. A person whose job scope does not substantially 1443
correspond to either the job scope of one of the contractor 1444
categories defined in s. 489.105(3)(a)-(o), or the job scope of 1445
one of the certified specialty contractor categories established 1446
by board rule, is not required to register with the board. A 1447
local government, as defined in s. 163.211, may not require a 1448
person to obtain a license, issued by the local government or 1449
the state, for a job scope which does not substantially 1450

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correspond to the job scope of one of the contractor categories 1451
defined in s. 489.105(3)(a)-(o) and (r) s. 489.105(3)(a)-(o) and 1452
(q) or authorized in s. 489.1455(1), or the job scope of one of 1453
the certified specialty contractor categories established 1454
pursuant to s. 489.113(6). A local government may not require a 1455
state or local license to obtain a permit for such job scopes. 1456
For purposes of this section, job scopes for which a local 1457
government may not require a license include, but are not 1458
limited to, painting; flooring; cabinetry; interior remodeling 1459
when the scope of the project does not include a task for which 1460
a state license is required; driveway or tennis court 1461
installation; handyman services; decorative stone, tile, marble, 1462
granite, or terrazzo installation; plastering; pressure washing; 1463
stuccoing; caulking; and canvas awning and ornamental iron 1464
installation. 1465
2. A county that includes an area designated as an area of 1466
critical state concern under s. 380.05 may offer a license for 1467
any job scope which requires a contractor license under this 1468
part if the county imposed such a licensing requirement before 1469
January 1, 2021. 1470
3. A local government may continue to offer a license for 1471
veneer, including aluminum or vinyl gutters, siding, soffit, or 1472
fascia; rooftop painting, coating, and cleaning above three 1473
stories in height; or fence installation and erection if the 1474
local government imposed such a licensing requirement before 1475

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January 1, 2021. 1476
4. A local government may not require a license as a 1477
prerequisite to submit a bid for public works projects if the 1478
work to be performed does not require a license under general 1479
law. 1480
Section 15. Subsection (1) of section 489.118, Florida 1481
Statutes, is amended to read: 1482
489.118 Certification of registered contractors; 1483
grandfathering provisions.—The board shall, upon receipt of a 1484
completed application and appropriate fee, issue a certificate 1485
in the appropriate category to any contractor registered under 1486
this part who makes application to the board and can show that 1487
he or she meets each of the following requirements: 1488
(1) Currently holds a valid registered local license in 1489
one of the contractor categories defined in s. 489.105(3)(a)-(q) 1490
s. 489.105(3)(a)-(p). 1491
Section 16. Subsection (2) of section 489.141, Florida 1492
Statutes, is amended to read: 1493
489.141 Conditions for recovery; eligibility.— 1494
(2) A claimant is not qualified to make a claim for 1495
recovery from the recovery fund if: 1496
(a) The claimant is the spouse of the judgment debtor or 1497
licensee or a personal representative of such spouse; 1498
(b) The claimant is a licensee who acted as the contractor 1499
in the transaction that is the subject of the claim; 1500

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(c) The claim is based upon a construction contract in 1501
which the licensee was acting with respect to the property owned 1502
or controlled by the licensee; 1503
(d) The claim is based upon a construction contract in 1504
which the contractor did not hold a valid and current license at 1505
the time of the construction contract; 1506
(e) The claimant was associated in a business relationship 1507
with the licensee other than the contract at issue; or 1508
(f) The claimant had entered into a contract with a 1509
licensee to perform a scope of work described in s. 1510
489.105(3)(d)-(r) s. 489.105(3)(d)-(q) before July 1, 2016. 1511
Section 17. This act shall take effect July 1, 2026. 1512