LEGAL/LEGISLATION - MAY 2026

Water Under Watch: Heightened Enforcement and  Hidden Liability for Florida’s Irrigation Contractors

Florida’s ongoing drought conditions have led to a new regulatory reality: tightened water restrictions coupled with heightened enforcement. Such measures have become more prevalent throughout the state, but as of now appear to be impacting South Florida and the Tampa Bay area most. As a result, irrigation contractors face growing legal and practical risk, but fortunately, such risks can be mitigated through contract drafting, operational practices, and smart technology.

A.     Southwest Water Management District’s New Restrictions

Citing a 13.7-inch rainfall deficit and severely low water levels in aquifers, rivers, and lakes, the Southwest Florida Water Management District (“SWFWMD”) recently issued a Modified Phase III “Extreme” Water Shortage Order imposing broad restrictions aimed primarily at reducing outdoor irrigation. Key restrictions and enforcement measures include:

• One-day-per-week irrigation limit for most residential and commercial properties
• Strict time-of-day watering windows, generally limited to late night or early morning hours
• Direction to local governments to increase monitoring and patrolling for violations
• Citation issuance without first issuing a warning
• Applicability to all water sources, including private wells and surface water

As things stand today, these stricter restrictions are in place until at least July 1st, subject to further extensions, and apply to all of the following areas: Citrus, DeSoto, Hardee, Hernando, Manatee, Pasco, Pinellas, Polk, Sarasota, and Sumter; portions of Charlotte, Highlands, and Lake; the City of Dunnellon and The Villages in Marion County; and the portion of Gasparilla Island in Charlotte County. Bear in mind, however, that local city and county ordinances may provide even stricter regulations than those set by SWFWMD.

For more information, visit https://www.swfwmd.state.fl.us/the-newsroom/2026/district-declares-modified-phase-iii-water-shortage.

B.     Irrigation Contractors in the Crosshairs

Florida’s water restrictions are directed at water use – not a particular person or profession. However, irrigation contractors are often most directly connected to whether a system operates in compliance as they routinely install, program, test, and maintain irrigation systems, placing irrigation contractors in a position where the consequences of their actions might just result in an unintentional violation of applicable regulations.

This exposure can arise in a number of scenarios. For instance, testing newly installed systems for calibration outside of permitted watering windows, or simply programming a customer’s system to run on a schedule that is not compliant with changing local restrictions. As a result, contractors risk facing citations directly, as well as face potential civil liability with property owners who incur fines as a result of improper programming. In addition, improper or noncompliant programming may give rise to customer complaints, backcharges, or claims that the contractor failed to provide services in accordance with applicable laws and ordinances. As restrictions become more stringent, contractors should take proactive steps to limit potential exposure.

C.     Managing Risk Through Contractual Protections

Irrigation contractors should incorporate clear contractual provisions addressing compliance responsibilities and allocation of risk. At a minimum, agreements should make clear that the property owner is responsible for ongoing compliance with local watering restrictions, helping reduce the risk of disputes or liability arising from future violations.

Contractors should also make it a regular practice to advise customers of applicable restrictions and proper system operation, and to document within the contract that such guidance has been provided. Including an acknowledgement that the customer has received and understands these restrictions can provide an extra layer of protection if issues later arise.

Contractors may also wish to address how system programming will be handled at the time of installation or service, particularly in light of frequently changing restrictions. One approach is to clarify that:

• The contractor may program the system based on restrictions in effect at the time of install or service, and that ongoing compliance is not a part of the contractor’s scope of work and is not guaranteed absent further engagement and monitoring of systems.

You can then give the customer the option to “opt in,” and elect, in writing, to have the contractor provide ongoing monitoring and adjustment of system settings for compliance purposes, subject to a separate service agreement.

Similarly, if a new customer is adamant about programming a watering schedule that is not compliant with applicable rules, a waiver and acknowledgment form can be utilized to obtain written confirmation from the customer that the contractor programmed the new system as directed by the owner, that the owner is aware the schedule does not comply, and that the owner therefore knowingly and intentionally waives any and all claims against contractor arising out of or in any way related to contractor programming the watering schedule in the manner directed by the owner.

D.    Technology as a Risk Management Tool

Advances in technology give contractors and their customers another means of managing compliance risk. In particular, “smart” irrigation systems can connect to smartphones and automatically tailor watering schedules, which not only reduces risk of violations but reportedly can cut water waste by up to 50%. From a business perspective, this also provides a potential service or “upsell” opportunity. Contractors can offer programming assistance at installation to ensure customers are familiar with how to use the system and its utilities.

While the use of smart systems does not eliminate the need to reduce risk through contractual provisions and customer guidance, it can help minimize the likelihood of inadvertent violations and facilitate easier compliance with everchanging statewide and local restrictions.

E.     Practical Takeaway

In the current environment of tightened restrictions and heightened enforcement, irrigation contractors’ roles in installing, programming, and maintaining irrigation systems places them in close proximity to potential violations and civil liability related to water usage. Ultimately, the risks are manageable, but they do require a deliberate approach. Customer guidance, tailored contracts, and smart technology can help contractors manage risk and limit exposure, while helping provide effective services and maintain strong customer relationships.

Author’s Note: The information contained in this article is for general educational purposes only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation. Always consult with a licensed attorney for your particular circumstances.

Authors: Benjamin Lute, Esq., Managing Partner at IseleyïFugitt, is an advocate for the irrigation industry and acts as General Legal Counsel for the Florida Irrigation Society. His practice focuses on construction law and litigation, representing contractors and businesses throughout the state.  For more information, feel free to contact the author at (727) 613-1020 or blute@iseleyfugitt.com. Co-author, Anthony “TJ” Orsini, Esq., Attorney at IseleyïFugitt.