SENATE AMENDMENT
    Bill No. SB 1132
    Amendment No. ___   Barcode 232842
                            CHAMBER ACTION
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11  Senator Brown-Waite moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 3, lines 30 and 31, delete those lines
15  
16  and insert:  
17         Section 2.  Section 125.568, Florida Statutes, is
18  amended to read:
19         125.568  Conservation of water; Xeriscape.--
20         (1)(a)  The Legislature finds that Xeriscape
21  contributes to the conservation of water.  In an effort to
22  meet the water needs of this state in a manner that will
23  supply adequate and dependable supplies of water where needed,
24  it is the intent of the Legislature that Xeriscape be an
25  essential part of water conservation planning.
26         (b)  "Xeriscape" or "Florida friendly landscape" means
27  quality landscapes that conserve water and protect the
28  environment and are adaptable to local conditions and which
29  are drought tolerant a landscaping method that maximizes the
30  conservation of water by the use of site-appropriate plants
31  and an efficient watering system.  The principles of Xeriscape
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    10:13 AM   04/25/01                               s1132c-10j01

SENATE AMENDMENT Bill No. SB 1132 Amendment No. ___ Barcode 232842 1 include planning and design, appropriate choice of plants, 2 soil analysis which may include the use of solid waste 3 compost, practical use of turf, efficient irrigation, 4 appropriate use of mulches, and proper maintenance. 5 (2) By October 1, 1992, The board of county 6 commissioners of each county shall consider enacting 7 ordinances requiring the use of Xeriscape as a water 8 conservation measure. If the board determines that Xeriscape 9 would be of significant benefit as a water conservation 10 measure relative to the cost to implement Xeriscape 11 landscaping in its area of jurisdiction, the board shall enact 12 a Xeriscape ordinance. Further, the board of county 13 commissioners shall consider promoting Xeriscape as a water 14 conservation measure by: using Xeriscape in, around, or near 15 facilities, parks, and other common areas under its 16 jurisdiction which are landscaped after the effective date of 17 this act; providing public education on Xeriscape, its uses as 18 a water conservation tool, and its long-term 19 cost-effectiveness; and offering incentives to local residents 20 and businesses to implement Xeriscape landscaping. 21 (3) A deed restriction or covenant entered after 22 October 1, 2001, or local government ordinance may not 23 prohibit any property owner from implementing Xeriscape or 24 Florida friendly landscape on his or her land. 25 Section 3. Section 166.048, Florida Statutes, is 26 amended to read: 27 166.048 Conservation of water; Xeriscape.-- 28 (1)(a) The Legislature finds that Xeriscape 29 contributes to the conservation of water. In an effort to 30 meet the water needs of this state in a manner that will 31 supply adequate and dependable supplies of water where needed, 2 10:13 AM 04/25/01 s1132c-10j01
SENATE AMENDMENT Bill No. SB 1132 Amendment No. ___ Barcode 232842 1 it is the intent of the Legislature that Xeriscape be an 2 essential part of water conservation planning. 3 (b) "Xeriscape" or "Florida friendly landscape" means 4 quality landscapes that conserve water and protect the 5 environment and are adaptable to local conditions and which 6 are drought tolerant a landscaping method that maximizes the 7 conservation of water by the use of site-appropriate plants 8 and an efficient watering system. The principles of Xeriscape 9 include planning and design, appropriate choice of plants, 10 soil analysis which may include the use of solid waste 11 compost, practical use of turf, efficient irrigation, 12 appropriate use of mulches, and proper maintenance. 13 (2) By October 1, 1992, The governing body of each 14 municipality shall consider enacting ordinances requiring the 15 use of Xeriscape as a water conservation measure. If the 16 governing body determines that Xeriscape would be of 17 significant benefit as a water conservation measure relative 18 to the cost to implement Xeriscape landscaping in its area of 19 jurisdiction in the municipality, the board shall enact a 20 Xeriscape ordinance. Further, the governing body shall 21 consider promoting Xeriscape as a water conservation measure 22 by: using Xeriscape in, around, or near facilities, parks, 23 and other common areas under its jurisdiction which are 24 landscaped after the effective date of this act; providing 25 public education on Xeriscape, its uses as a water 26 conservation tool, and its long-term cost-effectiveness; and 27 offering incentives to local residents and businesses to 28 implement Xeriscape landscaping. 29 (3) A deed restriction or covenant entered after 30 October 1, 2001, or local government ordinance may not 31 prohibit any property owner from implementing Xeriscape or 3 10:13 AM 04/25/01 s1132c-10j01
SENATE AMENDMENT Bill No. SB 1132 Amendment No. ___ Barcode 232842 1 Florida friendly landscape on his or her land. 2 Section 4. Subsection (4) is added to section 255.259, 3 Florida Statutes, to read: 4 255.259 Xeriscape landscaping on public property.-- 5 (4) A deed restriction or covenant entered after 6 October 1, 2001, or local government ordinance may not 7 prohibit any property owner from implementing Xeriscape or 8 Florida friendly landscape on his or her land. 9 Section 5. Section 335.167, Florida Statutes, is 10 amended to read: 11 335.167 State highway construction and maintenance; 12 Xeriscape landscaping in rights-of-way.-- 13 (1) The department shall use and require the use of 14 Xeriscape practices, as defined in s. 373.185(1), in the 15 construction and maintenance of all new state highways, 16 wayside parks, access roads, welcome stations, and other state 17 highway rights-of-way constructed upon or acquired after June 18 30, 1992. The department shall develop a 5-year program for 19 phasing in the use of Xeriscape, including the use of solid 20 waste compost, in state highway rights-of-way constructed upon 21 or acquired before July 1, 1992. In accomplishing these 22 tasks, the department shall employ the guidelines set out in 23 s. 373.185(2)(a)-(f). 24 (2) A deed restriction or covenant entered after 25 October 1, 2001, or local government ordinance may not 26 prohibit any property owner from implementing Xeriscape or 27 Florida friendly landscape on his or her land. 28 Section 6. Section 373.62, Florida Statutes, is 29 amended to read: 30 373.62 Water conservation; automatic sprinkler 31 systems.--Any person who purchases and installs an automatic 4 10:13 AM 04/25/01 s1132c-10j01
SENATE AMENDMENT Bill No. SB 1132 Amendment No. ___ Barcode 232842 1 lawn sprinkler system after May 1, 1991, shall install, and 2 must maintain and operate, a rain sensor device or switch that 3 which will override the irrigation cycle of the sprinkler 4 system when adequate rainfall has occurred. 5 Section 7. Section 373.185, Florida Statutes, is 6 amended to read: 7 373.185 Local Xeriscape ordinances.-- 8 (1) As used in this section, the term: 9 (a) "Local government" means any county or 10 municipality of the state. 11 (b) "Xeriscape" or "Florida friendly landscape" means 12 quality landscapes that conserve water and protect the 13 environment and are adaptable to local conditions and which 14 are drought tolerant a landscaping method that maximizes the 15 conservation of water by the use of site-appropriate plants 16 and an efficient watering system. The principles of Xeriscape 17 include planning and design, appropriate choice of plants, 18 soil analysis which may include the use of solid waste 19 compost, efficient irrigation, practical use of turf, 20 appropriate use of mulches, and proper maintenance. 21 (2) Each water management district shall design and 22 implement an incentive program to encourage all local 23 governments within its district to adopt new ordinances or 24 amend existing ordinances to require Xeriscape landscaping for 25 development permitted after the effective date of the new 26 ordinance or amendment. Each district shall adopt rules 27 governing the implementation of its incentive program and 28 governing the review and approval of local government 29 Xeriscape ordinances or amendments which are intended to 30 qualify a local government for the incentive program. Each 31 district shall assist the local governments within its 5 10:13 AM 04/25/01 s1132c-10j01
SENATE AMENDMENT Bill No. SB 1132 Amendment No. ___ Barcode 232842 1 jurisdiction by providing a model Xeriscape code and other 2 technical assistance. A local government Xeriscape ordinance 3 or amendment, in order to qualify the local government for a 4 district's incentive program, must include, at a minimum: 5 (a) Landscape design, installation, and maintenance 6 standards that result in water conservation. Such standards 7 shall address the use of plant groupings, soil analysis 8 including the promotion of the use of solid waste compost, 9 efficient irrigation systems, and other water-conserving 10 practices. 11 (b) Identification of prohibited invasive exotic plant 12 species. 13 (c) Identification of controlled plant species, 14 accompanied by the conditions under which such plants may be 15 used. 16 (d) A provision specifying the maximum percentage of 17 turf and the maximum percentage of impervious surfaces allowed 18 in a xeriscaped area and addressing the practical selection 19 and installation of turf. 20 (e) Specific standards for land clearing and 21 requirements for the preservation of existing native 22 vegetation. 23 (f) A monitoring program for ordinance implementation 24 and compliance. 25 26 The districts also shall work with local governments to 27 promote, through educational programs and publications, the 28 use of Xeriscape practices, including the use of solid waste 29 compost, in existing residential and commercial development. 30 This section may not be construed to limit the authority of 31 the districts to require Xeriscape ordinances or practices as 6 10:13 AM 04/25/01 s1132c-10j01
SENATE AMENDMENT Bill No. SB 1132 Amendment No. ___ Barcode 232842 1 a condition of any consumptive use permit. 2 (3) A deed restriction or covenant entered after 3 October 1, 2001, or local government ordinance may not 4 prohibit any property owner from implementing Xeriscape or 5 Florida friendly landscape on his or her land. 6 Section 8. Section 720.3075, Florida Statutes, is 7 amended to read: 8 720.3075 Prohibited clauses in association 9 documents.-- 10 (1) It is declared that the public policy of this 11 state prohibits the inclusion or enforcement of certain types 12 of clauses in homeowners' association documents, including 13 declaration of covenants, articles of incorporation, bylaws, 14 or any other document of the association which binds members 15 of the association, which either have the effect of or provide 16 that: 17 (a) A developer has the unilateral ability and right 18 to make changes to the homeowners' association documents after 19 the transition of homeowners' association control in a 20 community from the developer to the nondeveloper members, as 21 set forth in s. 720.307, has occurred. 22 (b) A homeowners' association is prohibited or 23 restricted from filing a lawsuit against the developer, or the 24 homeowners' association is otherwise effectively prohibited or 25 restricted from bringing a lawsuit against the developer. 26 (c) After the transition of homeowners' association 27 control in a community from the developer to the nondeveloper 28 members, as set forth in s. 720.307, has occurred, a developer 29 is entitled to cast votes in an amount that exceeds one vote 30 per residential lot. 31 7 10:13 AM 04/25/01 s1132c-10j01
SENATE AMENDMENT Bill No. SB 1132 Amendment No. ___ Barcode 232842 1 Such clauses are declared null and void as against the public 2 policy of this state. 3 (2) The public policy described in subsection (1) 4 prohibits the inclusion or enforcement of such clauses created 5 on or after the effective date of s. 3, chapter 98-261, Laws 6 of Florida. 7 (3) Homeowners' association documents, including 8 declarations of covenants, articles of incorporation, or 9 bylaws, may not preclude the display of one United States flag 10 by property owners. However, the flag must be displayed in a 11 respectful way and may be subject to reasonable standards for 12 size, placement, and safety, as adopted by the homeowners' 13 association, consistent with Title 36 U.S.C. chapter 10 and 14 any local ordinances. 15 (4) Homeowners' association documents, including 16 declarations of covenants, articles of incorporation or 17 bylaws, entered after October 1, 2001, may not prohibit any 18 property owner from implementing Xeriscape or Florida friendly 19 landscape, as defined in s. 373.185(1), on his or her land. 20 Section 9. This act shall take effect October 1, 2001, 21 except that this section and section 1 of this act shall take 22 effect upon becoming a law. 23 24 25 ================ T I T L E A M E N D M E N T =============== 26 And the title is amended as follows: 27 On page 1, lines 2-6, delete those lines 28 29 and insert: 30 A bill to be entitled 31 An act relating to the use and disposition of 8 10:13 AM 04/25/01 s1132c-10j01
SENATE AMENDMENT Bill No. SB 1132 Amendment No. ___ Barcode 232842 1 real and personal property; amending s. 125.35, 2 F.S.; providing an alternative procedure for 3 the sale or disposition of certain property by 4 boards of county commissioners; amending ss. 5 125.568, 166.048, 255.259, 335.167, 373.185, 6 F.S.; redefining the term "Xeriscape"; 7 prohibiting certain restrictions on the 8 practice of Xeriscape; amending s. 373.62, 9 F.S.; providing for the operation and 10 maintenance of rain sensor devices; amending s. 11 720.3075, F.S.; prohibiting homeowners' 12 associations from restricting the practice of 13 Xeriscape; providing effective dates. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 9 10:13 AM 04/25/01 s1132c-10j01