Fla. Stat. § 403.892 — Florida Code / Title XXIX / Chapter 403 / Part VI / Section 403.892
403.892 Incentives for the use of graywater technologies.
Status: in_force

(1) As used in this section, the term: (a) “Developer” has the same meaning as in s. 380.031(2). (b) “Graywater” has the same meaning as in s. 381.0065(2).

(2) To promote the beneficial reuse of water in the state, a county, municipality, or special district shall: (a) Authorize the use of residential graywater technologies in their respective jurisdictions which meet the requirements of this section, the Florida Building Code, and applicable requirements of the Department of Health and for which a developer or homebuilder has received all applicable regulatory permits or authorizations. (b) Provide a 25-percent density or intensity bonus to a developer or homebuilder if at least 75 percent of a proposed or existing development will have a graywater system installed or a 35-percent bonus if 100 percent of a proposed or an existing development will have a graywater system installed. The bonus under this paragraph is in addition to any bonus provided by a county, municipality, or special district ordinance in effect on July 1, 2021.

(3) To qualify for the incentives under subsection (2), the developer or homebuilder must certify to the applicable governmental entity as part of its application for development approval or amendment of a development order that all of the following conditions are met: (a) The proposed or existing development has at least 25 detached single-family residential homes or 25 multifamily dwelling units, which may include apartments. (b) Each single-family residential home or residence will have its own residential graywater system dedicated for its use. Each residence forming part of a multifamily project will be serviced by its own residential graywater system dedicated for its use or by a master graywater collection and reuse system for the entire project. (c) The developer or homebuilder has submitted a manufacturer’s warranty or data providing reasonable assurance that the residential graywater system will function as designed and includes an estimate of anticipated potable water savings for each system. A submission of the manufacturer’s warranty or data from a building code official, governmental entity, or research institute that has monitored or measured the residential graywater system that is proposed to be installed for such development shall be accepted as reasonable assurance, and no further information or assurance is needed. (d) The required maintenance of the graywater system will be the responsibility of the owner. (e) An operation and maintenance manual for the graywater system will be supplied to the initial homeowner of each home. The manual shall provide a method of contacting the installer or manufacturer and shall include directions to the residential homeowner that the manual shall remain with the residence throughout the life cycle of the system.

(4) If the requirements of subsection (3) have been met, the county or municipality must include the incentives provided for in subsection (2) when it approves the development or amendment of a development order. The approval must also provide for the process that the developer or homebuilder will follow to verify that such systems have been purchased. Proof of purchase must be provided within 180 days after the issuance of a certificate of occupancy for single-family residential homes that are either detached or multifamily projects under five stories in height.

(5) The installation of residential graywater systems in a county or municipality in accordance with this section shall qualify as a water conservation measure in a public water utility’s water conservation plan under s. 373.227. The efficiency of such measures shall be commensurate with the amount of potable water savings estimated for each system provided by the developer or homebuilder under paragraph (3)(c).

(6) This section does not apply to multifamily projects more than five stories in height. Whether a dwelling is occupied by an owner is not an eligibility criterion for a developer or homebuilder to receive the incentives authorized under this section.

History: s. 2, ch. 2021-168; s. 2, ch. 2022-215; s. 28, ch. 2023-169.