Read the full stored bill text
Florida Senate
-
2026
SB 508
By
Senator Truenow
13-00374B-26 2026508__
1 A bill to be entitled
2 An act relating to landscape irrigation; creating s.
3 373.1861, F.S.; providing a short title; creating s.
4 373.1862, F.S.; providing legislative intent and
5 purpose; providing applicability; creating s.
6 373.1863, F.S.; defining terms; creating s. 373.1864,
7 F.S.; providing legislative findings; prohibiting a
8 person from taking certain actions regarding a
9 landscape irrigation system unless such person is a
10 licensed irrigation contractor or the property owner;
11 authorizing specified entities to adopt more stringent
12 standards for a property owner who installs a
13 landscape irrigation system; specifying that only a
14 licensed irrigation contractor may connect an
15 irrigation system to a water supply; providing
16 requirements for a licensed irrigation contractor to
17 obtain a landscape irrigation permit; requiring a
18 licensed irrigation contractor to create a landscape
19 irrigation plan design drawing; providing requirements
20 for such plan design drawings; providing requirements
21 for landscape irrigation plans; requiring a licensed
22 irrigation contractor to submit the landscape
23 irrigation system permit application and plan to
24 specified entities before building construction
25 commences; requiring a licensed irrigation contractor
26 to provide specified entities with certain information
27 before being issued a landscape irrigation permit;
28 creating s. 373.1865, F.S.; providing a purpose for
29 landscape irrigation system standards; requiring that
30 landscape irrigation systems be divided into specified
31 zones; providing requirements for such zones;
32 requiring that landscape irrigation systems be
33 designed to use the lowest quality water; providing
34 spacing requirements for landscape irrigation system
35 sprinklers; providing requirements for landscape
36 irrigation equipment, capacity, and accessories;
37 prohibiting high-volume irrigation areas from
38 exceeding a certain percentage of the total irrigated
39 area; authorizing the use of low-volume irrigation
40 areas in certain circumstances; prohibiting the
41 installation of risers; requiring a minimum distance
42 between distribution equipment and impervious
43 surfaces; requiring that landscape irrigation systems
44 use micro-irrigation in landscape beds under certain
45 circumstances; creating s. 373.1866, F.S.; creating a
46 landscape irrigation watering schedule; providing a
47 limitation for landscape irrigation watering;
48 providing a timeframe within which the owner of a new
49 irrigation system must adopt the watering schedule;
50 requiring a licensed irrigation contractor who
51 installs an irrigation system to provide the owners or
52 users of such system with certain information;
53 authorizing a local government to grant a variance
54 from the watering schedule under certain
55 circumstances; prohibiting a local government from
56 granting a variance under certain circumstances;
57 providing exceptions from landscape irrigation
58 watering schedules; providing requirements for a spray
59 sprinkler body; prohibiting a person from taking
60 certain actions regarding a sprinkler body, beginning
61 on a specified date; creating s. 373.1867, F.S.;
62 providing for the enforcement of the act; providing
63 for fines and penalties; providing that regular
64 maintenance and replacement of certain components is
65 not a violation of the act under certain
66 circumstances; prohibiting enforcement officials from
67 providing more than one written warning before
68 assessing a fine; authorizing a local government to
69 take certain action to enforce this section; creating
70 s. 373.1868, F.S.; providing for severability;
71 prohibiting a governmental entity from adopting or
72 attempting to enforce any law, rule, or regulation in
73 conflict with the act; creating s. 373.1869, F.S.;
74 authorizing the department to adopt rules to implement
75 the act; amending s. 373.62, F.S.; conforming
76 provisions to changes made by the act; deleting
77 obsolete provisions; conforming a provision to changes
78 made by the act; amending s. 489.105, F.S.; defining
79 the term “irrigation contractor”; amending s. 489.107,
80 F.S.; revising the membership of the Construction
81 Industry Licensing Board; conforming cross-references;
82 amending s. 489.111, F.S.; revising contractor
83 eligibility requirements for licensure; amending ss.
84 489.117, 489.118, and 489.141, F.S.; conforming cross
85 references; providing an effective date.
86
87 Be It Enacted by the Legislature of the State of Florida:
88
89 Section 1. Section 373.1861, Florida Statutes, is created
90 to read:
91
373.1861
Short title
.—
Sections 373.1861-373.1869 may be
92
cited as the “Landscape Irrigation Standards and Watering
93
Restrictions Act.”
94 Section 2. Section 373.1862, Florida Statutes, is created
95 to read:
96
373.1862
LEGISLATIVE INTENT AND PURPOSE; APPLICABILITY
.
—
97
(
1
)
While an automatic landscape irrigation system is not
98
required, and a carefully designed landscape or
a
temporary
99
irrigation system
may be considered
for any
property, i
t is the
100
intent and purpose of this
act
to
:
101
(a)
I
mplement procedures that promote water conservation
102
through more efficient use of landscape irrigation
to
improve
103
environmental quality
;
and
104
(b)
E
nsure 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
)
W
ater
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
)
T
his
act
appl
ies
to
n
ew commercial
landscapes
,
118
residential
landscapes
, institutional developments proposing to
119
install a landscape irrigation system
,
and
a
ny 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
)
T
his
act
do
es
not apply to irrigation systems for
any
124
of the following
:
125
(a)
Agricultural production systems.
126
(b)
Greenhouses.
127
(c)
Nurseries
.
128
(d)
Cemeteries.
129
(e)
Golf courses.
130
(f)
Athletic fields
, playgrounds, or intensive recreational
131
areas
.
132
(g)
Vegetable gardens
,
fruit
tree groves, or
nut tree
133
groves.
134 Section 3. Section 373.1863, Florida Statutes, is created
135 to read:
136
373.1863
DEFINITIONS
.—
As used in this act, the term:
137
(
1
)
“Address” means the house number of a physical location
138
of a specific property. This includes rural route numbers but
139
excludes post office box numbers. If a lot number in a mobile
140
home park or similar community is used by the
United States
141
Postal Service to determine a delivery location, the lot number
142
is
the property’s address. An even
-
numbered address means an
143
address ending in the numbers 0, 2
,
4, 6,
or
8 or the letters A
144
M. An odd
-
numbered address means an address ending in the
145
numbers 1, 3, 5, 7,
or
9 or the letters N-Z.
146
(2)
“Application rate”
or “precipitation rate”
means the
147
rate at which water is applied to a given area by sprinklers
or
148
emitters, usually expressed as depth per unit
of
time.
149
(3)
“Automatic irrigation controller” means a device that
150
automatically turns an irrigation system, such as
a
lawn
151
sprinkler or drip irrigation system
,
on and off and is also
152
known as
a
clock or timer.
153
(4)
“Bubbler” means an emission device that applies water
154
to the soil, discharging
at least
0.5 to 2 gallons
of water
per
155
hour, but generally less than 60 gallons per hour.
156
(5)
“Bubbler irrigation” mean
s
the application of water to
157
the soil surface at the
plant root zone
, discharging at least
158
0.5 to 2 gallons of water per hour, but generally less than 60
159
gallons per hour.
160
(6)
“Check valve” means a device that permits water to flow
161
in one direction and
is
installed on any sprinkler where low
162
point drainage occurs or if the sprinkler is located lower than
163
the valve box.
164
(7)
“Controller” means a timing mechanism that signals
165
automatic valves to open and close on a pre-set program or based
166
on sensor readings or its mounting box.
167
(8)
“Coverage” means the way water is applied to an area.
168
(9)
“Department” means the Department of Environmental
169
Protection or its successor agency.
170
(
10
)
“Design pressure” means the pressure at which the
171
irrigation system or
its
components
are
designed to operate as
172
measured at the pump discharge or
,
if there is no pump
, at the
173
entrance to the system.
174
(1
1
)
“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
(1
3
)
“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
(1
4
)
“Drip line emitter” means
a
tube
that
discharges water
186
from integrated
and
evenly spaced emitters, perforations, or a
187
porous wall.
188
(1
5
)
“Emission device” means a landscape irrigation system
189
component used to dispense irrigation water to the landscape at
190
a specific rate.
191
(1
6
)
“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
(1
8
)
“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 system
s
, as well as plumbing fixtures
202
and appliances.
203
(1
9
)
“Flow rate” means the measure of a volume of water
204
moving in a certain amount of time.
205
(
20
)
“Head” means the exterior case or shell of a sprinkler
206
incorporating a means of connecting to a piping system and
207
designed to provide above
-
ground or overhead irrigation.
The
208
h
ead 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
(2
2
)
“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
(2
3
)
“Irrigation” means the intentional application of
219
water by artificial means to sustain plant growth or optimize
220
production.
221
(24)
“Irrigation inspector” means a person responsible for
222
inspecting landscape irrigation systems and carrying out all of
223
the following duties:
224
(
a
)
Making determinations regarding whether
a landscape
225
irrigation system complies with all relevant requirements.
226
(
b
)
Making determinations regarding whether the appropriate
227
backflow prevention device is installed.
228
(
c
)
Providing test results to the water purveyor.
229
(
d
)
Investigating and issuing findings for all complaints
230
alleging deficiency of a landscape irrigation system
.
231
(2
5
)
“Landscape” means
an
area that
is
planted
with
ground
232
covers, shrubs, trees, turf,
or
similar plant materials.
233
(2
6
)
“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
(2
7
)
“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
(2
8
)
“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
(3
3
)
“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
-
bubbler
s
, micro
280
spray
s
, 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
(3
5
)
“Micro
-
spray” means a micro-irrigation emission device
289
that uses small
-
diameter tubing and small orifice micro-spray
290
head
s
to limit water output
and
deliver water more directly to
291
the plant root zone by converting irrigation water pressure to
292
discharge water at a flow rate not exceeding 30 gallons per hour
293
or 113.5 liters per hour at the largest area of coverage
294
available for the nozzle series when operated at 30
pounds per
295
square inch
. Micro
-
spray
ing
includes
the use of
micro
-
bubblers,
296
micro
-
spinners
,
or
micro-spray jets.
297
(3
6
)
“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
(3
7
)
“Nozzle throw diameter” means the entire measured
301
width of the throw of a sprinkler head.
302
(3
8
)
“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/
m
anager” means a person or
an
entity
315
responsible for
the
management of
an
irrigation system.
316
(
40
)
“Orifice” means an opening with a closed perimeter
317
through which water flows.
318
(
41
)
“Person” means any person, firm, partnership,
319
association, corporation, company, or organization.
320
(
42
)
“Radius of throw” means the distance of throw for a
321
circular wett
ing
pattern.
322
(4
3
)
“Reclaimed
w
ater” means water that has been treated in
323
municipal wastewater facilities, has received at least secondary
324
treatment and basic disinfection, and is safe to use for
325
irrigation and other permitted purposes.
326
(
44
)
“Residential landscape irrigation” means the
327
irrigation of landscape
s
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
(4
5
)
“Riser” means a threaded pipe to which sprinklers or
332
other emitters are attached for above-ground placement.
333
(46)
“Rotor sprinkler” means a sprinkler that applies water
334
in a pattern to a defined landscape area by means of one or more
335
rotating streams.
336
(4
7
)
“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
(4
8
)
“Spacing” means the distance between sprinklers or
345
other emitters.
346
(
49
)
“Spray sprinkler” means a sprinkler that steadily
347
applies water in a pattern to a defined landscape area.
348
(
50
)
“Sprinkler” means an emission device consisting of a
349
sprinkler body with one or more
nozzles or
orifices to convert
350
irrigation water pressure to high
-
velocity water discharge
351
through the atmosphere, discharging a minimum of 0.5 gallons per
352
minute or 1.9 liters per minute at the largest area of coverage
353
available for the nozzle series when operated at 30
pounds per
354
square inch
or more with a full-circle
wetting
pattern.
355
(
51
)
“Sprinkler body” means the exterior case or shell of a
356
sprinkler incorporating a means of connection to the piping
357
system, designed to convey water to a nozzle or
an
orifice.
The
358
term includes, but is not limited to, all of the following:
359
(a)
“Rotor sprinkler body
,
” mean
ing
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
,
” mean
ing
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
,
” mean
ing
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. Th
e
term includes structures
372
that
have incurred substantial damage, regardless of the actual
373
repair work performed. The term does not include
any of the
374
following
:
375
(a)
Any project for improvement of a structure to correct
376
existing violations of state or local health, sanitary, or
377
safety code specifications
which
have been identified by the
378
local code enforcement official and
which
improvements
are the
379
minimum necessary to assure safe living conditions.
380
(b)
Any alteration of a historic structure, provided that
381
the alteration will not preclude the structure’s continued
382
designation as
a
historic structure.
383
(
53
)
“Subsurface irrigation” means a landscape irrigation
384
system
equipped
with water emitters and a delivery line
385
installed below the soil surface
. Such system is
designed to
386
distribute water to soils directly from under the surface
to
387
prevent airborne drift and minimize runoff.
388
(5
4
)
“Supply” means the origin or source of the water used
389
in
an
landscape irrigation system.
390
(5
5
)
“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
(5
6
)
“Throw” means the measured distance from the
nozzle or
394
orifice of a sprinkler head to where the sprinkler deposits
395
water.
396
(5
7
)
“Turfgrass” means a groundcover surface of mowed
397
grass.
398
(5
8
)
“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
)
“Wett
ing
area” means a wett
ing
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 c
omprehensive
p
lan
pursuant to ss. 163.3177
421
and 163.3178
and the health, safety, and general welfare of
422
residents.
423
(2)
A
person
m
ay 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
contain
s
all of the following
information
:
435
(a)
The licensed irrigation contractor’s n
ame, address,
436
phone
number
, and e
-
mail
address
.
437
(b)
The landscape irrigation contractor’s l
icense.
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 F
lorida
B
uilding
C
ode
.
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
l
andscape 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
a
ccommodat
ions
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 i
rrigated 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
L
andscape 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
install
ation.
486
(b)
A
ppropriate
watering
scheduling and run tim
es
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 s
prinkler spacing must be designed
and maintained in the
512
following manner
:
513
(a)
Sprinkler head
s must be
spac
ed
at
50
percent of the
514
nozzle throw diameter from adjacent sprinkler heads in all
515
directions the nozzle throw
s
.
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
spac
ed at least
12 inches
from
519
buildings and
4 inches
from impervious areas.
520
(c)
S
prinkler 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 system
s
must be equipped
with
538
all of the following:
539
(a)
The capacity
to
operate in the range of 30 to 40
pounds
540
per square inch
at each spray head
or
40 to 50
pounds per square
541
inch
at each rotor.
542
(b)
F
ilter device
s
to ensure emitters maintain proper cast
543
and coverage.
544
(c)
A
n irrigation controller or smart irrigation controller
545
that includes a weather
-
based irrigation controller.
Such
546
controllers must have
nonvolatile memory or battery backup
547
capacity
that retains the irrigation schedule
, set pursuant to
548
s. 373.1866,
during and after power outages.
549
(5)
ADDITIONAL REGULATIONS.—
550
(
a
)
High
-
volume irrigation area
s
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
L
andscape irrigation watering schedule
.—
562
(1)
SCHEDULE.—
563
(
a
)
When
d
aylight
s
aving
t
ime 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
inch
es
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
inch
es
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
)
L
andscape 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 o
perational schedule.
620
4.
Instructions for adjusting the system
.
621
5.
Water shut-off method.
622
6.
The m
anufacturer’s operational guide for the controller.
623
(
2
)
VARIANCE FROM SPECIFIC DAY OF THE WEEK LIMITATIONS.—
624
(a)
A local government may grant a
variance from the
625
specific landscape irrigation
watering schedule
set
forth in
626
subsection (1)
for any of the following reasons:
627
1.
S
trict
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
d
aylight
s
aving
t
ime or more than
1
day per week during Eastern
639
Standard Time
or Central Standard Time
.
640
(
3
)
EXCEPTIONS TO THE LANDSCAPE IRRIGATION
WATERING
641
SCHEDULE.
—
Landscape irrigation
is
subject to the following
642
landscape
irrigation
watering
schedule exceptions:
643
(a)
Irrigation using a micro-spray, micro-jet, drip
,
or
644
bubbler irrigation system is allowed
at
any
time.
645
(b)
Irrigation of
a
new landscape is allowed at any time of
646
day on any day for the initial 30 days after installation and
647
every other day for the next 30 days
,
for a total of one 60-day
648
period, provided that the irrigation is limited to the minimum
649
amount necessary for such landscape establishment.
650
(c)
Watering
-
in of chemicals, including insecticides,
651
pesticides, fertilizers, fungicides, and herbicides, when
652
required by law
or when recommended by
the manufacturer or best
653
management practices, is allowed at any time of day on any day
654
within 24 hours
after
application. Watering
-
in of chemicals
may
655
not exceed
0.25
inch
es
of water per application
,
except as
656
otherwise required by law
or recommended by
the manufacturer or
657
best management practices.
658
(d)
Irrigation systems may be operated at any time of day
659
on any day for maintenance and repair purposes
,
not to exceed 20
660
minutes per hour per zone.
661
(e)
Irrigation using a handheld hose equipped with an
662
automatic shut-off nozzle is allowed at any time of day on any
663
day.
664
(f)
Discharge of water from a water-to-air air-conditioning
665
unit or other water-dependent cooling system
is
not restricted
666
by this section.
667
(g)
The use of water from a reclaimed water system is
668
allowed
at
any
time. For the purpose
s
of this paragraph, a
669
reclaimed water system includes systems in which the primary
670
source is reclaimed water, which may or may not be supplemented
671
from another source during peak demand periods.
672
(h)
The use of recycled water from wet detention treatment
673
ponds for irrigation is allowed
at
any
time
,
provided the ponds
674
are not augmented from any ground or off-site surface water or
675
public supply sources.
676
(4)
ADDITIONAL REQUIREMENTS.—
677
(a)
A spray sprinkler body that is not specifically
678
excluded from the scope of the United States Environmental
679
Protection Agency’s WaterSense Specification for Spray Sprinkler
680
Bodies, Version 1.0 program
must
include an integral pressure
681
regulator and
must
meet the water efficiency and performance
682
criteria of the program.
683
(b)
Beginning July 1, 2027, a person may not sell, offer
684
for sale, lease, or install for compensation a new spray
685
sprinkler body unless the product includes a mark, label, or tag
686
denoting that the product meets or exceeds water efficiency and
687
performance criteria described in paragraph (a).
688 Section 7. Section 373.1867, Florida Statutes, is created
689 to read:
690
373.186
7
E
nforcement 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 l
ocal governments,
696
shall
authorize law enforcement personnel or other government
697
staff as the enforcement officials.
698
(
a
)
1.
Each violation
of
s. 373.1865 or s. 373.1866 is
699
subject to the following fines or penalties:
700
a
.
A
written warning
for a f
irst violation.
701
b
.
A
$50
fine
for a s
econd violation.
702
c
.
A
fine not to exceed $500
for all s
ubsequent violation
s
.
703
2.
Funds generated by penalties imposed pursuant to
704
subparagraph 1. shall be used by the respective local government
705
for the administration and enforcement of this act and to
706
further water conservation activities.
707
(
b
)
Regular maintenance and replacement of worn or broken
708
components
which interrupts or inhibits the operation of a
709
landscape irrigation system is not a violation of this
act
if
710
such repairs are conducted within a reasonable time.
711
(
c
)
Enforcement officials
may not
provide violators with
712
more than one written warning
before assessing a fine
.
713
(
d
)
The
appropriate local government
may take any other
714
appropriate legal action, including, but not limited to,
715
injunctive action
,
to enforce this section.
716 Section 8. Section 373.1868, Florida Statutes, is created
717 to read:
718
373.1868
Severability; conflicting law, rules, or
719
regulations
.—
720
(1)
If any provision of this act
or its application to any
721
person or circumstance
is held to be invalid by a court of
722
competent jurisdiction,
the invalidity does not affect other
723
provisions or applications of this act which can be given effect
724
without the invalid provision or application, and to this end
725
the provisions of this act are severable
.
726
(2)
It is unlawful for any
governmental entity
to
adopt
or
727
to attempt to enforce any
law, rule, or regulation
in
conflict
728
with the provisions of this
act
.
729 Section 9. Section 373.1869, Florida Statutes, is created
730 to read:
731
373.186
9
R
ulemaking
.—The department may adopt rules to
732
implement this act.
733 Section 10. Section 373.62, Florida Statutes, is amended to
734 read:
735 373.62 Water conservation; automatic sprinkler systems.—
736 (1)
A
licensed irrigation contractor
Any person
who
737 purchases and installs an automatic landscape irrigation system
738
shall
must
properly install, maintain, and operate technology
739 that inhibits or interrupts operation of the system during
740 periods of sufficient moisture.
741 (2) A licensed
irrigation
contractor who installs or
742 performs work on an automatic landscape irrigation system
shall
743
must
test for the correct operation of each inhibiting or
744 interrupting device or switch on that system. If such devices or
745 switches are not installed in the system or are not in proper
746 operating condition, the
licensed irrigation
contractor must
747 install new ones or repair the existing ones and confirm that
748 each device or switch is in proper operating condition before
749 completing other work on the system.
750 (3)
The department shall create a model ordinance by
751
January 15, 2010, that may be adopted and enforced by local
752
governments. The ordinance must, at a minimum:
753
(a) Require licensed contractors to report automatic
754
landscape irrigation systems that are not in compliance with
755
this section to the appropriate authority.
756
(b) Provide penalties for licensed contractors who do not
757
comply with this section. The minimum penalty must be $50 for a
758
first offense, $100 for a second offense, and $250 for a third
759
or subsequent offense
.
760
761
Regular maintenance and replacement of worn or broken technology
762
which interrupts or inhibits the operation of an automatic
763
landscape irrigation system is not a violation of this section
764
if such repairs are conducted within a reasonable time.
765
(4) Local governments may adopt the model ordinance by
766
October 1, 2010. Local governments that impose requirements that
767
are more stringent than the model ordinance are exempt from
768
adopting the ordinance.
769
(5) Funds generated by penalties imposed under the
770
ordinance shall be used by the local government for the
771
administration and enforcement of this section and to further
772
water conservation activities.
773
(6)
For purposes of this section, a licensed
irrigation
774 contractor includes an individual who holds a specific
775 irrigation contractor’s license issued by a county.
776
(4)(a)
(7
)
(a)
The Legislature recognizes that lawn and
777 landscape irrigation systems use a substantial amount of the
778 state’s potable water. The Legislature finds that smart
779 irrigation systems that use soil moisture sensors with remote
780 monitoring and adjustment capabilities, if properly installed
781 and monitored, provide more efficient irrigation and save
782 substantially more water than conventional time-controlled
783 irrigation systems. This is because smart irrigation systems
784 apply water to lawns and plants only as necessary to maintain
785 required soil moisture, thus minimizing the overwatering or
786 unnecessary watering that occurs with conventional irrigation
787 systems. However, in order for this technology to optimize the
788 efficient application of water it cannot be subject to day or
789 days-of-the-week watering restrictions. The Legislature,
790 therefore, recognizes that enacting a statewide process to
791 provide an exemption from local water restriction ordinances
792 will accelerate the adoption of this water saving technology.
793 Further, a uniform exemption process will streamline variance
794 procedures and minimize delay in implementing such technology.
795 The longer it takes to approve soil moisture sensor control
796 systems, the more potable water is wasted. A uniform variance
797 process will allow state residents to maintain their property
798 and protect water resources while enjoying their landscapes.
799 (b) For purposes of this subsection, the term:
800 1. “Monitoring entity” means a local government, community
801 development district created pursuant to chapter 190, a
802 homeowners’ association created pursuant to chapter 720, a
803 condominium association created pursuant to chapter 718, a
804 cooperative created pursuant to chapter 719, or a public or
805 private utility.
806 2. “Soil moisture sensor” means a soil-based device that
807 assesses the available plant soil moisture in order to minimize
808 the unnecessary use of water and optimize the effectiveness of
809 an irrigation system.
810 3. “Soil moisture sensor control system” is the collective
811 term for an entire soil moisture sensor system that has remote
812 monitoring and adjustment capability.
813 (c) A variance from day or days-of-the-week watering
814
schedules pursuant to s. 373.1866
restrictions
, which
includes
815
shall include
the maximum soil set point for different soil
816 types within the monitoring entity’s jurisdiction,
must
shall
be
817 granted by the applicable water management district for any
818 residential, commercial, or recreational user within a
819 monitoring entity’s jurisdiction having a soil moisture sensor
820 control system if the monitoring entity certifies that:
821 1. Each soil moisture sensor control system installed
822 within its jurisdiction will have multiple soil sensors that
823 conform to different soil types and slopes in order to optimize
824 water use for each user, adjust irrigation schedules based on
825 soil moisture requirements, and be installed by a licensed
826 contractor in a manner that is consistent with the Field Guide
827 to Soil Moisture Sensor Use in Florida by the University of
828 Florida IFAS Extension Program for Resource Efficient
829 Communities.
830 2. It has the ability to monitor the status of each
831 individual user’s system and to remotely modify the system
832 settings for irrigation cycles and run times.
833 3. It will electronically post and update a list of active
834 users of soil moisture sensor control systems within its
835 jurisdiction on a monthly basis and provide Internet access to
836 such listing and the monitoring database to the water management
837 district and the local government.
838 4. It shall provide notice to a user of noncompliant
839 activity within 48 hours after such activity and, if the user
840 does not take corrective action within 48 hours after such
841 notice, it will remove the posted notice required in
842 subparagraph 5. and remove the user from the active users list
843 required by subparagraph 3.
844 5. It shall post a notice at each parcel that has installed
845 a compliant soil moisture sensor control system in plain view
846 from the nearest roadway stating: “Irrigating with Smart
847 Irrigation Controller,” with the address of the parcel, and
848 shall remove the notice if the user is no longer being monitored
849 by the monitoring entity.
850 (d) Upon installation of a soil moisture sensor control
851 system, the licensed contractor shall certify to the monitoring
852 entity that subparagraphs (c)1. and (c)2. have been met.
853 1. The monitoring entity shall post the notice required by
854 subparagraph (c)5. on the user’s property and update the
855 Internet listing of users of active soil moisture sensor control
856 systems to include the new user.
857 2. On an annual basis a professional engineer licensed
858 under chapter 471 or a professional landscape architect licensed
859 under chapter 481 shall perform an annual maintenance review of
860 all soil moisture sensor control systems within the monitoring
861 entity’s jurisdiction and certify to the monitoring entity which
862 systems are properly operating and in compliance with paragraph
863 (c). The monitoring entity shall update its Internet listing of
864 users of active soil moisture sensor control systems based on
865 the certification.
866 (e) Failure by the monitoring entity to ensure continual
867 compliance with the condition of this variance shall be cause
868 for the appropriate water management district to revoke the
869 variance upon proper notice to the monitoring entity.
870 (f) The variance provided in this subsection applies to day
871 or days-of-the-week
schedules pursuant to s. 373.1866
watering
872
restrictions of the water management district as preempted by s.
873
373.217
. All other applicable local government and water
874 management district restrictions related to irrigation,
875 including, but not limited to, a prohibition on irrigation and
876 time-of-day watering requirements and water shortage or
877 emergency orders issued pursuant to s. 373.246(2) and (7),
878 remain applicable to the soil moisture sensor control system
879 users within a monitoring entity’s jurisdiction.
880 (g) This subsection does not require a property owner to
881 install a soil moisture sensor control system. This subsection
882 also does not prohibit a property owner from installing soil
883 moisture sensors and seeking an individual variance from the
884 applicable water management district even if such property is
885 located within the jurisdiction of a monitoring entity that has
886 been granted a variance pursuant to paragraph (c).
887 Section 11. Subsection (3) of section 489.105, Florida
888 Statutes, is amended to read:
889 489.105 Definitions.—As used in this part:
890 (3) “Contractor” means the person who is qualified for, and
891 is only responsible for, the project contracted for and means,
892 except as exempted in this part, the person who, for
893 compensation, undertakes to, submits a bid to, or does himself
894 or herself or by others construct, repair, alter, remodel, add
895 to, demolish, subtract from, or improve any building or
896 structure, including related improvements to real estate, for
897 others or for resale to others; and whose job scope is
898 substantially similar to the job scope described in one of the
899 paragraphs of this subsection. For the purposes of regulation
900 under this part, the term “demolish” applies only to demolition
901 of steel tanks more than 50 feet in height; towers more than 50
902 feet in height; other structures more than 50 feet in height;
903 and all buildings or residences. Contractors are subdivided into
904 two divisions, Division I, consisting of those contractors
905 defined in paragraphs (a)-(c), and Division II, consisting of
906 those contractors defined in paragraphs
(d)-(r)
(d)-(q)
:
907 (a) “General contractor” means a contractor whose services
908 are unlimited as to the type of work which he or she may do, who
909 may contract for any activity requiring licensure under this
910 part, and who may perform any work requiring licensure under
911 this part, except as otherwise expressly provided in s. 489.113.
912 (b) “Building contractor” means a contractor whose services
913 are limited to construction of commercial buildings and single
914 dwelling or multiple-dwelling residential buildings, which do
915 not exceed three stories in height, and accessory use structures
916 in connection therewith or a contractor whose services are
917 limited to remodeling, repair, or improvement of any size
918 building if the services do not affect the structural members of
919 the building.
920 (c) “Residential contractor” means a contractor whose
921 services are limited to construction, remodeling, repair, or
922 improvement of one-family, two-family, or three-family
923 residences not exceeding two habitable stories above no more
924 than one uninhabitable story and accessory use structures in
925 connection therewith.
926 (d) “Sheet metal contractor” means a contractor whose
927 services are unlimited in the sheet metal trade and who has the
928 experience, knowledge, and skill necessary for the manufacture,
929 fabrication, assembling, handling, erection, installation,
930 dismantling, conditioning, adjustment, insulation, alteration,
931 repair, servicing, or design, if not prohibited by law, of
932 ferrous or nonferrous metal work of U.S. No. 10 gauge or its
933 equivalent or lighter gauge and of other materials, including,
934 but not limited to, fiberglass, used in lieu thereof and of air
935 handling systems, including the setting of air-handling
936 equipment and reinforcement of same, the balancing of air
937 handling systems, and any duct cleaning and equipment sanitizing
938 that requires at least a partial disassembling of the system.
939 (e) “Roofing contractor” means a contractor whose services
940 are unlimited in the roofing trade and who has the experience,
941 knowledge, and skill to install, maintain, repair, alter,
942 extend, or design, if not prohibited by law, and use materials
943 and items used in the installation, maintenance, extension, and
944 alteration of all kinds of roofing, waterproofing, and coating,
945 except when coating is not represented to protect, repair,
946 waterproof, stop leaks, or extend the life of the roof. The
947 scope of work of a roofing contractor also includes all of the
948 following and any related work: skylights; required roof-deck
949 attachments; any repair or replacement of wood roof sheathing or
950 fascia as needed during roof repair or replacement; and the
951 evaluation and enhancement of roof-to-wall connections for
952 structures with wood roof decking as described in Section 706 of
953 the Florida Building Code-Existing Building, provided that any
954 enhancement, which was properly installed and inspected in
955 accordance with the Office of Insurance Regulation uniform
956 mitigation verification inspection form, the Florida Building
957 Code, or project specific engineering that exceeds these
958 requirements, is done in conjunction with a roof covering
959 replacement or repair.
960 (f) “Class A air-conditioning contractor” means a
961 contractor whose services are unlimited in the execution of
962 contracts requiring the experience, knowledge, and skill to
963 install, maintain, repair, fabricate, alter, extend, or design,
964 if not prohibited by law, central air-conditioning,
965 refrigeration, heating, and ventilating systems, including duct
966 work in connection with a complete system if such duct work is
967 performed by the contractor as necessary to complete an air
968 distribution system, boiler and unfired pressure vessel systems,
969 and all appurtenances, apparatus, or equipment used in
970 connection therewith, and any duct cleaning and equipment
971 sanitizing that requires at least a partial disassembling of the
972 system; to install, maintain, repair, fabricate, alter, extend,
973 or design, if not prohibited by law, piping, insulation of
974 pipes, vessels and ducts, pressure and process piping, and
975 pneumatic control piping; to replace, disconnect, or reconnect
976 power wiring on the line or load side of the dedicated existing
977 electrical disconnect switch on single phase electrical systems;
978 to repair or replace power wiring, disconnects, breakers, or
979 fuses for dedicated HVAC circuits with proper use of a circuit
980 breaker lock; to install, disconnect, and reconnect low voltage
981 heating, ventilating, and air-conditioning control wiring; and
982 to install a condensate drain from an air-conditioning unit to
983 an existing safe waste or other approved disposal other than a
984 direct connection to a sanitary system. The scope of work for
985 such contractor also includes any excavation work incidental
986 thereto, but does not include any work such as liquefied
987 petroleum or natural gas fuel lines within buildings, except for
988 disconnecting or reconnecting changeouts of liquefied petroleum
989 or natural gas appliances within buildings; potable water lines
990 or connections thereto; sanitary sewer lines; swimming pool
991 piping and filters; or electrical power wiring. A Class A air
992 conditioning contractor may test and evaluate central air
993 conditioning, refrigeration, heating, and ventilating systems,
994 including duct work; however, a mandatory licensing requirement
995 is not established for the performance of these specific
996 services.
997 (g) “Class B air-conditioning contractor” means a
998 contractor whose services are limited to 25 tons of cooling and
999 500,000 Btu of heating in any one system in the execution of
1000 contracts requiring the experience, knowledge, and skill to
1001 install, maintain, repair, fabricate, alter, extend, or design,
1002 if not prohibited by law, central air-conditioning,
1003 refrigeration, heating, and ventilating systems, including duct
1004 work in connection with a complete system only to the extent
1005 such duct work is performed by the contractor as necessary to
1006 complete an air-distribution system being installed under this
1007 classification, and any duct cleaning and equipment sanitizing
1008 that requires at least a partial disassembling of the system; to
1009 install, maintain, repair, fabricate, alter, extend, or design,
1010 if not prohibited by law, piping and insulation of pipes,
1011 vessels, and ducts; to replace, disconnect, or reconnect power
1012 wiring on the line or load side of the dedicated existing
1013 electrical disconnect switch on single phase electrical systems;
1014 to repair or replace power wiring, disconnects, breakers, or
1015 fuses for dedicated HVAC circuits with proper use of a circuit
1016 breaker lock; to install, disconnect, and reconnect low voltage
1017 heating, ventilating, and air-conditioning control wiring; and
1018 to install a condensate drain from an air-conditioning unit to
1019 an existing safe waste or other approved disposal other than a
1020 direct connection to a sanitary system. The scope of work for
1021 such contractor also includes any excavation work incidental
1022 thereto, but does not include any work such as liquefied
1023 petroleum or natural gas fuel lines within buildings, except for
1024 disconnecting or reconnecting changeouts of liquefied petroleum
1025 or natural gas appliances within buildings; potable water lines
1026 or connections thereto; sanitary sewer lines; swimming pool
1027 piping and filters; or electrical power wiring. A Class B air
1028 conditioning contractor may test and evaluate central air
1029 conditioning, refrigeration, heating, and ventilating systems,
1030 including duct work; however, a mandatory licensing requirement
1031 is not established for the performance of these specific
1032 services.
1033 (h) “Class C air-conditioning contractor” means a
1034 contractor whose business is limited to the servicing of air
1035 conditioning, heating, or refrigeration systems, including any
1036 duct cleaning and equipment sanitizing that requires at least a
1037 partial disassembling of the system, and whose certification or
1038 registration, issued pursuant to this part, was valid on October
1039 1, 1988. Only a person who was registered or certified as a
1040 Class C air-conditioning contractor as of October 1, 1988, shall
1041 be so registered or certified after October 1, 1988. However,
1042 the board shall continue to license and regulate those Class C
1043 air-conditioning contractors who held Class C licenses before
1044 October 1, 1988.
1045 (i) “Mechanical contractor” means a contractor whose
1046 services are unlimited in the execution of contracts requiring
1047 the experience, knowledge, and skill to install, maintain,
1048 repair, fabricate, alter, extend, or design, if not prohibited
1049 by law, central air-conditioning, refrigeration, heating, and
1050 ventilating systems, including duct work in connection with a
1051 complete system if such duct work is performed by the contractor
1052 as necessary to complete an air-distribution system, boiler and
1053 unfired pressure vessel systems, lift station equipment and
1054 piping, and all appurtenances, apparatus, or equipment used in
1055 connection therewith, and any duct cleaning and equipment
1056 sanitizing that requires at least a partial disassembling of the
1057 system; to install, maintain, repair, fabricate, alter, extend,
1058 or design, if not prohibited by law, piping, insulation of
1059 pipes, vessels and ducts, pressure and process piping, pneumatic
1060 control piping, gasoline tanks and pump installations and piping
1061 for same, standpipes, air piping, vacuum line piping, oxygen
1062 lines, nitrous oxide piping, ink and chemical lines, fuel
1063 transmission lines, liquefied petroleum gas lines within
1064 buildings, and natural gas fuel lines within buildings; to
1065 replace, disconnect, or reconnect power wiring on the line or
1066 load side of the dedicated existing electrical disconnect switch
1067 on single phase electrical systems; to repair or replace power
1068 wiring, disconnects, breakers, or fuses for dedicated HVAC
1069 circuits with proper use of a circuit breaker lock; to install,
1070 disconnect, and reconnect low voltage heating, ventilating, and
1071 air-conditioning control wiring; and to install a condensate
1072 drain from an air-conditioning unit to an existing safe waste or
1073 other approved disposal other than a direct connection to a
1074 sanitary system. The scope of work for such contractor also
1075 includes any excavation work incidental thereto, but does not
1076 include any work such as potable water lines or connections
1077 thereto, sanitary sewer lines, swimming pool piping and filters,
1078 or electrical power wiring. A mechanical contractor may test and
1079 evaluate central air-conditioning, refrigeration, heating, and
1080 ventilating systems, including duct work; however, a mandatory
1081 licensing requirement is not established for the performance of
1082 these specific services.
1083 (j) “Commercial pool/spa contractor” means a contractor
1084 whose scope of work involves, but is not limited to, the
1085 construction, repair, and servicing of any swimming pool, or hot
1086 tub or spa, whether public, private, or otherwise, regardless of
1087 use. The scope of work includes the installation, repair, or
1088 replacement of existing equipment, any cleaning or equipment
1089 sanitizing that requires at least a partial disassembling,
1090 excluding filter changes, and the installation of new pool/spa
1091 equipment, interior finishes, the installation of package pool
1092 heaters, the installation of all perimeter piping and filter
1093 piping, and the construction of equipment rooms or housing for
1094 pool/spa equipment, and also includes the scope of work of a
1095 swimming pool/spa servicing contractor. The scope of such work
1096 does not include direct connections to a sanitary sewer system
1097 or to potable water lines. The installation, construction,
1098 modification, or replacement of equipment permanently attached
1099 to and associated with the pool or spa for the purpose of water
1100 treatment or cleaning of the pool or spa requires licensure;
1101 however, the usage of such equipment for the purposes of water
1102 treatment or cleaning does not require licensure unless the
1103 usage involves construction, modification, or replacement of
1104 such equipment. Water treatment that does not require such
1105 equipment does not require a license. In addition, a license is
1106 not required for the cleaning of the pool or spa in a way that
1107 does not affect the structural integrity of the pool or spa or
1108 its associated equipment.
1109 (k) “Residential pool/spa contractor” means a contractor
1110 whose scope of work involves, but is not limited to, the
1111 construction, repair, and servicing of a residential swimming
1112 pool, or hot tub or spa, regardless of use. The scope of work
1113 includes the installation, repair, or replacement of existing
1114 equipment, any cleaning or equipment sanitizing that requires at
1115 least a partial disassembling, excluding filter changes, and the
1116 installation of new pool/spa equipment, interior finishes, the
1117 installation of package pool heaters, the installation of all
1118 perimeter piping and filter piping, and the construction of
1119 equipment rooms or housing for pool/spa equipment, and also
1120 includes the scope of work of a swimming pool/spa servicing
1121 contractor. The scope of such work does not include direct
1122 connections to a sanitary sewer system or to potable water
1123 lines. The installation, construction, modification, or
1124 replacement of equipment permanently attached to and associated
1125 with the pool or spa for the purpose of water treatment or
1126 cleaning of the pool or spa requires licensure; however, the
1127 usage of such equipment for the purposes of water treatment or
1128 cleaning does not require licensure unless the usage involves
1129 construction, modification, or replacement of such equipment.
1130 Water treatment that does not require such equipment does not
1131 require a license. In addition, a license is not required for
1132 the cleaning of the pool or spa in a way that does not affect
1133 the structural integrity of the pool or spa or its associated
1134 equipment.
1135 (l) “Swimming pool/spa servicing contractor” means a
1136 contractor whose scope of work involves, but is not limited to,
1137 the repair and servicing of a swimming pool, or hot tub or spa,
1138 whether public or private, or otherwise, regardless of use. The
1139 scope of work includes the repair or replacement of existing
1140 equipment, any cleaning or equipment sanitizing that requires at
1141 least a partial disassembling, excluding filter changes, and the
1142 installation of new pool/spa equipment, interior refinishing,
1143 the reinstallation or addition of pool heaters, the repair or
1144 replacement of all perimeter piping and filter piping, the
1145 repair of equipment rooms or housing for pool/spa equipment, and
1146 the substantial or complete draining of a swimming pool, or hot
1147 tub or spa, for the purpose of repair or renovation. The scope
1148 of such work does not include direct connections to a sanitary
1149 sewer system or to potable water lines. The installation,
1150 construction, modification, substantial or complete disassembly,
1151 or replacement of equipment permanently attached to and
1152 associated with the pool or spa for the purpose of water
1153 treatment or cleaning of the pool or spa requires licensure;
1154 however, the usage of such equipment for the purposes of water
1155 treatment or cleaning does not require licensure unless the
1156 usage involves construction, modification, substantial or
1157 complete disassembly, or replacement of such equipment. Water
1158 treatment that does not require such equipment does not require
1159 a license. In addition, a license is not required for the
1160 cleaning of the pool or spa in a way that does not affect the
1161 structural integrity of the pool or spa or its associated
1162 equipment.
1163 (m) “Plumbing contractor” means a contractor whose services
1164 are unlimited in the plumbing trade and includes contracting
1165 business consisting of the execution of contracts requiring the
1166 experience, financial means, knowledge, and skill to install,
1167 maintain, repair, alter, extend, or, if not prohibited by law,
1168 design plumbing. A plumbing contractor may install, maintain,
1169 repair, alter, extend, or, if not prohibited by law, design the
1170 following without obtaining an additional local regulatory
1171 license, certificate, or registration: sanitary drainage or
1172 storm drainage facilities, water and sewer plants and
1173 substations, venting systems, public or private water supply
1174 systems, septic tanks, drainage and supply wells, swimming pool
1175 piping, irrigation systems, and solar heating water systems and
1176 all appurtenances, apparatus, or equipment used in connection
1177 therewith, including boilers and pressure process piping and
1178 including the installation of water, natural gas, liquefied
1179 petroleum gas and related venting, and storm and sanitary sewer
1180 lines. The scope of work of the plumbing contractor also
1181 includes the design, if not prohibited by law, and installation,
1182 maintenance, repair, alteration, or extension of air-piping,
1183 vacuum line piping, oxygen line piping, nitrous oxide piping,
1184 and all related medical gas systems; fire line standpipes and
1185 fire sprinklers if authorized by law; ink and chemical lines;
1186 fuel oil and gasoline piping and tank and pump installation,
1187 except bulk storage plants; and pneumatic control piping
1188 systems, all in a manner that complies with all plans,
1189 specifications, codes, laws, and regulations applicable. The
1190 scope of work of the plumbing contractor applies to private
1191 property and public property, including any excavation work
1192 incidental thereto, and includes the work of the specialty
1193 plumbing contractor. Such contractor shall subcontract, with a
1194 qualified contractor in the field concerned, all other work
1195 incidental to the work but which is specified as being the work
1196 of a trade other than that of a plumbing contractor. This
1197 definition does not limit the scope of work of any specialty
1198 contractor certified pursuant to s. 489.113(6) and does not
1199 require certification or registration under this part as a
1200 category I liquefied petroleum gas dealer, or category V LP gas
1201 installer, as defined in s. 527.01, who is licensed under
1202 chapter 527 or an authorized employee of a public natural gas
1203 utility or of a private natural gas utility regulated by the
1204 Public Service Commission when disconnecting and reconnecting
1205 water lines in the servicing or replacement of an existing water
1206 heater. A plumbing contractor may perform drain cleaning and
1207 clearing and install or repair rainwater catchment systems;
1208 however, a mandatory licensing requirement is not established
1209 for the performance of these specific services.
1210 (n) “Underground utility and excavation contractor” means a
1211 contractor whose services are limited to the construction,
1212 installation, and repair, on public or private property, whether
1213 accomplished through open excavations or through other means,
1214 including, but not limited to, directional drilling, auger
1215 boring, jacking and boring, trenchless technologies, wet and dry
1216 taps, grouting, and slip lining, of main sanitary sewer
1217 collection systems, main water distribution systems, storm sewer
1218 collection systems, and the continuation of utility lines from
1219 the main systems to a point of termination up to and including
1220 the meter location for the individual occupancy, sewer
1221 collection systems at property line on residential or single
1222 occupancy commercial properties, or on multioccupancy properties
1223 at manhole or wye lateral extended to an invert elevation as
1224 engineered to accommodate future building sewers, water
1225 distribution systems, or storm sewer collection systems at storm
1226 sewer structures. However, an underground utility and excavation
1227 contractor may install empty underground conduits in rights-of
1228 way, easements, platted rights-of-way in new site development,
1229 and sleeves for parking lot crossings no smaller than 2 inches
1230 in diameter if each conduit system installed is designed by a
1231 licensed professional engineer or an authorized employee of a
1232 municipality, county, or public utility and the installation of
1233 such conduit does not include installation of any conductor
1234 wiring or connection to an energized electrical system. An
1235 underground utility and excavation contractor may not install
1236 piping that is an integral part of a fire protection system as
1237 defined in s. 633.102 beginning at the point where the piping is
1238 used exclusively for such system.
1239 (o) “Solar contractor” means a contractor whose services
1240 consist of the installation, alteration, repair, maintenance,
1241 relocation, or replacement of solar panels for potable solar
1242 water heating systems, swimming pool solar heating systems, and
1243 photovoltaic systems and any appurtenances, apparatus, or
1244 equipment used in connection therewith, whether public, private,
1245 or otherwise, regardless of use. A contractor, certified or
1246 registered pursuant to this chapter, is not required to become a
1247 certified or registered solar contractor or to contract with a
1248 solar contractor in order to provide services enumerated in this
1249 paragraph that are within the scope of the services such
1250 contractors may render under this part.
1251 (p) “Pollutant storage systems contractor” means a
1252 contractor whose services are limited to, and who has the
1253 experience, knowledge, and skill to install, maintain, repair,
1254 alter, extend, or design, if not prohibited by law, and use
1255 materials and items used in the installation, maintenance,
1256 extension, and alteration of, pollutant storage tanks. Any
1257 person installing a pollutant storage tank shall perform such
1258 installation in accordance with the standards adopted pursuant
1259 to s. 376.303.
1260
(
q
)
“Irrigation contractor
”
means a contractor whose
1261
services are unlimited in the landscape irrigation trade and who
1262
possesses the experience, knowledge, and skill necessary to
1263
sell, install, design, consult, maintain, alter, repair, or
1264
service an irrigation system, including the connection of such
1265
system to a private or public water supply. This includes system
1266
connection to water wells in unincorporated areas.
1267
(r)
(q)
“Specialty contractor” means a contractor whose
1268 scope of work and responsibility is limited to a particular
1269 phase of construction established in a category adopted by board
1270 rule and whose scope is limited to a subset of the activities
1271 described in one of the paragraphs of this subsection.
1272 Section 12. Subsections (2) and (4) of section 489.107,
1273 Florida Statutes, are amended, and subsection (1) of that
1274 section is republished, to read:
1275 489.107 Construction Industry Licensing Board.—
1276 (1) To carry out the provisions of this part, there is
1277 created within the department the Construction Industry
1278 Licensing Board. Members shall be appointed by the Governor,
1279 subject to confirmation by the Senate. Members shall be
1280 appointed for 4-year terms. A vacancy on the board shall be
1281 filled for the unexpired portion of the term in the same manner
1282 as the original appointment. No member shall serve more than two
1283 consecutive 4-year terms or more than 11 years on the board.
1284 (2) The board shall consist of
19
18
members, of whom:
1285 (a) Four are primarily engaged in business as general
1286 contractors;
1287 (b) Three are primarily engaged in business as building
1288 contractors or residential contractors, however, at least one
1289 building contractor and one residential contractor shall be
1290 appointed;
1291 (c) One is primarily engaged in business as a roofing
1292 contractor;
1293 (d) One is primarily engaged in business as a sheet metal
1294 contractor;
1295 (e) One is primarily engaged in business as an air
1296 conditioning contractor;
1297 (f) One is primarily engaged in business as a mechanical
1298 contractor;
1299 (g) One is primarily engaged in business as a pool
1300 contractor;
1301 (h) One is primarily engaged in business as a plumbing
1302 contractor;
1303 (i) One is primarily engaged in business as an underground
1304 utility and excavation contractor;
1305
(j)
One is primarily engaged in business as a landscape
1306
irrigation contractor;
1307
(k)
(j)
Two are consumer members who are not, and have never
1308 been, members or practitioners of a profession regulated by the
1309 board or members of any closely related profession; and
1310
(l)
(k)
Two are building officials of a municipality or
1311 county.
1312 (4) The board shall be divided into two divisions, Division
1313 I and Division II.
1314 (a) Division I
consists
is comprised
of the general
1315 contractor, building contractor, and residential contractor
1316 members of the board; one of the members appointed pursuant to
1317 paragraph
(2)(k)
(2)(j)
; and one of the members appointed
1318 pursuant to paragraph
(2)(l)
(2)(k)
. Division I has jurisdiction
1319 over the regulation of general contractors, building
1320 contractors, and residential contractors.
1321 (b) Division II
consists
is comprised
of the roofing
1322 contractor, sheet metal contractor, air-conditioning contractor,
1323 mechanical contractor, pool contractor, plumbing contractor,
1324
licensed irrigation contractor,
and underground utility and
1325 excavation contractor members of the board; one of the members
1326 appointed pursuant to paragraph
(2)(k)
(2)(j)
; and one of the
1327 members appointed pursuant to paragraph
(2)(l)
(2)(k)
. Division
1328 II has jurisdiction over the regulation of contractors defined
1329 in
s. 489.105(3)(d)-(
q
)
s. 489.105(3)(d)-(p)
.
1330 (c) Jurisdiction for the regulation of specialty
1331 contractors defined in
s. 489.105(3)(r)
s. 489.105(3)(q)
shall
1332 lie with the division having jurisdiction over the scope of work
1333 of the specialty contractor as defined by board rule.
1334 Section 13. Subsection (2) of section 489.111, Florida
1335 Statutes, is amended to read:
1336 489.111 Licensure by examination.—
1337 (2) A person shall be eligible for licensure by examination
1338 if the person:
1339 (a) Is 18 years of age;
1340 (b) Is of good moral character; and
1341 (c) Meets eligibility requirements according to one of the
1342 following criteria:
1343 1. Has received a baccalaureate degree from an accredited
1344 4-year college in the appropriate field of engineering,
1345 architecture, or building construction and has 1 year of proven
1346 experience in the category in which the person seeks to qualify.
1347 For the purpose of this part, a minimum of 2,000 person-hours
1348 shall be used in determining full-time equivalency. An applicant
1349 who is exempt from passing an examination under s. 489.113(1) is
1350 eligible for a license under this section.
1351 2. Has a total of at least 4 years of active experience as
1352 a worker who has learned the trade by serving an apprenticeship
1353 as a skilled worker who is able to command the rate of a
1354 mechanic in the particular trade or as a foreman who is in
1355 charge of a group of workers and usually is responsible to a
1356 superintendent or a contractor or his or her equivalent;
1357 provided, however, that at least 1 year of active experience
1358 shall be as a foreman.
1359 3. Has a combination of not less than 1 year of experience
1360 as a foreman and not less than 3 years of credits for any
1361 accredited college-level courses; has a combination of not less
1362 than 1 year of experience as a skilled worker, 1 year of
1363 experience as a foreman, and not less than 2 years of credits
1364 for any accredited college-level courses; or has a combination
1365 of not less than 2 years of experience as a skilled worker, 1
1366 year of experience as a foreman, and not less than 1 year of
1367 credits for any accredited college-level courses. All junior
1368 college or community college-level courses shall be considered
1369 accredited college-level courses.
1370 4.a. An active certified residential contractor is eligible
1371 to receive a certified building contractor license after passing
1372 or having previously passed the building contractors’
1373 examination if he or she possesses a minimum of 3 years of
1374 proven experience in the classification in which he or she is
1375 certified.
1376 b. An active certified residential contractor is eligible
1377 to receive a certified general contractor license after passing
1378 or having previously passed the general contractors’ examination
1379 if he or she possesses a minimum of 4 years of proven experience
1380 in the classification in which he or she is certified.
1381 c. An active certified building contractor is eligible to
1382 receive a certified general contractor license after passing or
1383 having previously passed the general contractors’ examination if
1384 he or she possesses a minimum of 4 years of proven experience in
1385 the classification in which he or she is certified.
1386 5.a. An active certified air-conditioning Class C
1387 contractor is eligible to receive a certified air-conditioning
1388 Class B contractor license after passing or having previously
1389 passed the air-conditioning Class B contractors’ examination if
1390 he or she possesses a minimum of 3 years of proven experience in
1391 the classification in which he or she is certified.
1392 b. An active certified air-conditioning Class C contractor
1393 is eligible to receive a certified air-conditioning Class A
1394 contractor license after passing or having previously passed the
1395 air-conditioning Class A contractors’ examination if he or she
1396 possesses a minimum of 4 years of proven experience in the
1397 classification in which he or she is certified.
1398 c. An active certified air-conditioning Class B contractor
1399 is eligible to receive a certified air-conditioning Class A
1400 contractor license after passing or having previously passed the
1401 air-conditioning Class A contractors’ examination if he or she
1402 possesses a minimum of 1 year of proven experience in the
1403 classification in which he or she is certified.
1404 6.a. An active certified swimming pool servicing contractor
1405 is eligible to receive a certified residential swimming pool
1406 contractor license after passing or having previously passed the
1407 residential swimming pool contractors’ examination if he or she
1408 possesses a minimum of 3 years of proven experience in the
1409 classification in which he or she is certified.
1410 b. An active certified swimming pool servicing contractor
1411 is eligible to receive a certified commercial swimming pool
1412 contractor license after passing or having previously passed the
1413 swimming pool commercial contractors’ examination if he or she
1414 possesses a minimum of 4 years of proven experience in the
1415 classification in which he or she is certified.
1416 c. An active certified residential swimming pool contractor
1417 is eligible to receive a certified commercial swimming pool
1418 contractor license after passing or having previously passed the
1419 commercial swimming pool contractors’ examination if he or she
1420 possesses a minimum of 1 year of proven experience in the
1421 classification in which he or she is certified.
1422 d. An applicant is eligible to receive a certified swimming
1423 pool/spa servicing contractor license after passing or having
1424 previously passed the swimming pool/spa servicing contractors’
1425 examination if he or she has satisfactorily completed 60 hours
1426 of instruction in courses related to the scope of work covered
1427 by that license and approved by the Construction Industry
1428 Licensing Board by rule and has at least 1 year of proven
1429 experience related to the scope of work of such a contractor.
1430
7.
An applicant
may submit an application to the department
1431
to take
the irrigation contractors’ examination
after
he or she
1432
satisfactorily complete
s
60 hours of instruction in courses
1433
related to the scope of work covered
by that
license and
1434
approved by the Construction Industry Licensing Board by rule
.
1435 Section 14. Paragraph (a) of subsection (4) of section
1436 489.117, Florida Statutes, is amended to read:
1437 489.117 Registration; specialty contractors.—
1438 (4)(a)1. A person whose job scope does not substantially
1439 correspond to either the job scope of one of the contractor
1440 categories defined in s. 489.105(3)(a)-(o), or the job scope of
1441 one of the certified specialty contractor categories established
1442 by board rule, is not required to register with the board. A
1443 local government, as defined in s. 163.211, may not require a
1444 person to obtain a license, issued by the local government or
1445 the state, for a job scope which does not substantially
1446 correspond to the job scope of one of the contractor categories
1447 defined in
s. 489.105(3)(a)-(o) and (r)
s. 489.105(3)(a)-(o) and
1448
(q)
or authorized in s. 489.1455(1), or the job scope of one of
1449 the certified specialty contractor categories established
1450 pursuant to s. 489.113(6). A local government may not require a
1451 state or local license to obtain a permit for such job scopes.
1452 For purposes of this section, job scopes for which a local
1453 government may not require a license include, but are not
1454 limited to, painting; flooring; cabinetry; interior remodeling
1455 when the scope of the project does not include a task for which
1456 a state license is required; driveway or tennis court
1457 installation; handyman services; decorative stone, tile, marble,
1458 granite, or terrazzo installation; plastering; pressure washing;
1459 stuccoing; caulking; and canvas awning and ornamental iron
1460 installation.
1461 2. A county that includes an area designated as an area of
1462 critical state concern under s. 380.05 may offer a license for
1463 any job scope which requires a contractor license under this
1464 part if the county imposed such a licensing requirement before
1465 January 1, 2021.
1466 3. A local government may continue to offer a license for
1467 veneer, including aluminum or vinyl gutters, siding, soffit, or
1468 fascia; rooftop painting, coating, and cleaning above three
1469 stories in height; or fence installation and erection if the
1470 local government imposed such a licensing requirement before
1471 January 1, 2021.
1472 4. A local government may not require a license as a
1473 prerequisite to submit a bid for public works projects if the
1474 work to be performed does not require a license under general
1475 law.
1476 Section 15. Subsection (1) of section 489.118, Florida
1477 Statutes, is amended to read:
1478 489.118 Certification of registered contractors;
1479 grandfathering provisions.—The board shall, upon receipt of a
1480 completed application and appropriate fee, issue a certificate
1481 in the appropriate category to any contractor registered under
1482 this part who makes application to the board and can show that
1483 he or she meets each of the following requirements:
1484 (1) Currently holds a valid registered local license in one
1485 of the contractor categories defined in
s. 489.105(3)(a)-(
q
)
s.
1486
489.105(3)(a)-(p)
.
1487 Section 16. Subsection (2) of section 489.141, Florida
1488 Statutes, is amended to read:
1489 489.141 Conditions for recovery; eligibility.—
1490 (2) A claimant is not qualified to make a claim for
1491 recovery from the recovery fund if:
1492 (a) The claimant is the spouse of the judgment debtor or
1493 licensee or a personal representative of such spouse;
1494 (b) The claimant is a licensee who acted as the contractor
1495 in the transaction that is the subject of the claim;
1496 (c) The claim is based upon a construction contract in
1497 which the licensee was acting with respect to the property owned
1498 or controlled by the licensee;
1499 (d) The claim is based upon a construction contract in
1500 which the contractor did not hold a valid and current license at
1501 the time of the construction contract;
1502 (e) The claimant was associated in a business relationship
1503 with the licensee other than the contract at issue; or
1504 (f) The claimant had entered into a contract with a
1505 licensee to perform a scope of work described in
s.
1506
489.105(3)(d)-(r)
s. 489.105(3)(d)-(q)
before July 1, 2016.
1507 Section 17. This act shall take effect July 1, 2026.