Senate Bill sb0126c2

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    Florida Senate - 2001                     CS for CS for SB 126

    By the Committees on Comprehensive Planning, Local and
    Military Affairs; Natural Resources; and Senator Brown-Waite




    316-1512-01

  1                      A bill to be entitled

  2         An act relating to Xeriscape; amending ss.

  3         125.568, 166.048, 255.259, 335.167, 373.185,

  4         F.S.; redefining the term "Xeriscape";

  5         prohibiting certain restrictions on the

  6         practice of Xeriscape; amending s. 373.62,

  7         F.S.; providing for the operation and

  8         maintenance of rain sensor devices; amending s.

  9         720.3075, F.S.; prohibiting homeowners'

10         associations from restricting the practice of

11         Xeriscape; providing an effective date.

12  

13  Be It Enacted by the Legislature of the State of Florida:

14  

15         Section 1.  Section 125.568, Florida Statutes, is

16  amended to read:

17         125.568  Conservation of water; Xeriscape.--

18         (1)(a)  The Legislature finds that Xeriscape

19  contributes to the conservation of water.  In an effort to

20  meet the water needs of this state in a manner that will

21  supply adequate and dependable supplies of water where needed,

22  it is the intent of the Legislature that Xeriscape be an

23  essential part of water conservation planning.

24         (b)  "Xeriscape" or "Florida friendly landscape" means

25  quality landscapes that conserve water and protect the

26  environment and are adaptable to local conditions and which

27  are drought tolerant a landscaping method that maximizes the

28  conservation of water by the use of site-appropriate plants

29  and an efficient watering system.  The principles of Xeriscape

30  include planning and design, appropriate choice of plants,

31  soil analysis which may include the use of solid waste

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    Florida Senate - 2001                     CS for CS for SB 126
    316-1512-01




  1  compost, practical use of turf, efficient irrigation,

  2  appropriate use of mulches, and proper maintenance.

  3         (2)  By October 1, 1992, The board of county

  4  commissioners of each county shall consider enacting

  5  ordinances requiring the use of Xeriscape as a water

  6  conservation measure. If the board determines that Xeriscape

  7  would be of significant benefit as a water conservation

  8  measure relative to the cost to implement Xeriscape

  9  landscaping in its area of jurisdiction, the board shall enact

10  a Xeriscape ordinance.  Further, the board of county

11  commissioners shall consider promoting Xeriscape as a water

12  conservation measure by:  using Xeriscape in, around, or near

13  facilities, parks, and other common areas under its

14  jurisdiction which are landscaped after the effective date of

15  this act; providing public education on Xeriscape, its uses as

16  a water conservation tool, and its long-term

17  cost-effectiveness; and offering incentives to local residents

18  and businesses to implement Xeriscape landscaping.

19         (3)  A deed restriction or covenant entered after

20  October 1, 2001, or local government ordinance may not

21  prohibit any property owner from implementing Xeriscape or

22  Florida friendly landscape on his or her land.

23         Section 2.  Section 166.048, Florida Statutes, is

24  amended to read:

25         166.048  Conservation of water; Xeriscape.--

26         (1)(a)  The Legislature finds that Xeriscape

27  contributes to the conservation of water.  In an effort to

28  meet the water needs of this state in a manner that will

29  supply adequate and dependable supplies of water where needed,

30  it is the intent of the Legislature that Xeriscape be an

31  essential part of water conservation planning.

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    Florida Senate - 2001                     CS for CS for SB 126
    316-1512-01




  1         (b)  "Xeriscape" or "Florida friendly landscape" means

  2  quality landscapes that conserve water and protect the

  3  environment and are adaptable to local conditions and which

  4  are drought tolerant a landscaping method that maximizes the

  5  conservation of water by the use of site-appropriate plants

  6  and an efficient watering system.  The principles of Xeriscape

  7  include planning and design, appropriate choice of plants,

  8  soil analysis which may include the use of solid waste

  9  compost, practical use of turf, efficient irrigation,

10  appropriate use of mulches, and proper maintenance.

11         (2)  By October 1, 1992, The governing body of each

12  municipality shall consider enacting ordinances requiring the

13  use of Xeriscape as a water conservation measure.  If the

14  governing body determines that Xeriscape would be of

15  significant benefit as a water conservation measure relative

16  to the cost to implement Xeriscape landscaping in its area of

17  jurisdiction in the municipality, the board shall enact a

18  Xeriscape ordinance. Further, the governing body shall

19  consider promoting Xeriscape as a water conservation measure

20  by:  using Xeriscape in, around, or near facilities, parks,

21  and other common areas under its jurisdiction which are

22  landscaped after the effective date of this act; providing

23  public education on Xeriscape, its uses as a water

24  conservation tool, and its long-term cost-effectiveness; and

25  offering incentives to local residents and businesses to

26  implement Xeriscape landscaping.

27         (3)  A deed restriction or covenant entered after

28  October 1, 2001, or local government ordinance may not

29  prohibit any property owner from implementing Xeriscape or

30  Florida friendly landscape on his or her land.

31  

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    Florida Senate - 2001                     CS for CS for SB 126
    316-1512-01




  1         Section 3.  Subsection (4) is added to section 255.259,

  2  Florida Statutes, to read:

  3         255.259  Xeriscape landscaping on public property.--

  4         (4)  A deed restriction or covenant entered after

  5  October 1, 2001, or local government ordinance may not

  6  prohibit any property owner from implementing Xeriscape or

  7  Florida friendly landscape on his or her land.

  8         Section 4.  Section 335.167, Florida Statutes, is

  9  amended to read:

10         335.167  State highway construction and maintenance;

11  Xeriscape landscaping in rights-of-way.--

12         (1)  The department shall use and require the use of

13  Xeriscape practices, as defined in s. 373.185(1), in the

14  construction and maintenance of all new state highways,

15  wayside parks, access roads, welcome stations, and other state

16  highway rights-of-way constructed upon or acquired after June

17  30, 1992. The department shall develop a 5-year program for

18  phasing in the use of Xeriscape, including the use of solid

19  waste compost, in state highway rights-of-way constructed upon

20  or acquired before July 1, 1992.  In accomplishing these

21  tasks, the department shall employ the guidelines set out in

22  s. 373.185(2)(a)-(f).

23         (2)  A deed restriction or covenant entered after

24  October 1, 2001, or local government ordinance may not

25  prohibit any property owner from implementing Xeriscape or

26  Florida friendly landscape on his or her land.

27         Section 5.  Section 373.62, Florida Statutes, is

28  amended to read:

29         373.62  Water conservation; automatic sprinkler

30  systems.--Any person who purchases and installs an automatic

31  lawn sprinkler system after May 1, 1991, shall install, and

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    Florida Senate - 2001                     CS for CS for SB 126
    316-1512-01




  1  must maintain and operate, a rain sensor device or switch that

  2  which will override the irrigation cycle of the sprinkler

  3  system when adequate rainfall has occurred.

  4         Section 6.  Section 373.185, Florida Statutes, is

  5  amended to read:

  6         373.185  Local Xeriscape ordinances.--

  7         (1)  As used in this section, the term:

  8         (a)  "Local government" means any county or

  9  municipality of the state.

10         (b)  "Xeriscape" or "Florida friendly landscape" means

11  quality landscapes that conserve water and protect the

12  environment and are adaptable to local conditions and which

13  are drought tolerant a landscaping method that maximizes the

14  conservation of water by the use of site-appropriate plants

15  and an efficient watering system. The principles of Xeriscape

16  include planning and design, appropriate choice of plants,

17  soil analysis which may include the use of solid waste

18  compost, efficient irrigation, practical use of turf,

19  appropriate use of mulches, and proper maintenance.

20         (2)  Each water management district shall design and

21  implement an incentive program to encourage all local

22  governments within its district to adopt new ordinances or

23  amend existing ordinances to require Xeriscape landscaping for

24  development permitted after the effective date of the new

25  ordinance or amendment.  Each district shall adopt rules

26  governing the implementation of its incentive program and

27  governing the review and approval of local government

28  Xeriscape ordinances or amendments which are intended to

29  qualify a local government for the incentive program.  Each

30  district shall assist the local governments within its

31  jurisdiction by providing a model Xeriscape code and other

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    Florida Senate - 2001                     CS for CS for SB 126
    316-1512-01




  1  technical assistance.  A local government Xeriscape ordinance

  2  or amendment, in order to qualify the local government for a

  3  district's incentive program, must include, at a minimum:

  4         (a)  Landscape design, installation, and maintenance

  5  standards that result in water conservation.  Such standards

  6  shall address the use of plant groupings, soil analysis

  7  including the promotion of the use of solid waste compost,

  8  efficient irrigation systems, and other water-conserving

  9  practices.

10         (b)  Identification of prohibited invasive exotic plant

11  species.

12         (c)  Identification of controlled plant species,

13  accompanied by the conditions under which such plants may be

14  used.

15         (d)  A provision specifying the maximum percentage of

16  turf and the maximum percentage of impervious surfaces allowed

17  in a xeriscaped area and addressing the practical selection

18  and installation of turf.

19         (e)  Specific standards for land clearing and

20  requirements for the preservation of existing native

21  vegetation.

22         (f)  A monitoring program for ordinance implementation

23  and compliance.

24  

25  The districts also shall work with local governments to

26  promote, through educational programs and publications, the

27  use of Xeriscape practices, including the use of solid waste

28  compost, in existing residential and commercial development.

29  This section may not be construed to limit the authority of

30  the districts to require Xeriscape ordinances or practices as

31  a condition of any consumptive use permit.

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    Florida Senate - 2001                     CS for CS for SB 126
    316-1512-01




  1         (3)  A deed restriction or covenant entered after

  2  October 1, 2001, or local government ordinance may not

  3  prohibit any property owner from implementing Xeriscape or

  4  Florida friendly landscape on his or her land.

  5         Section 7.  Section 720.3075, Florida Statutes, is

  6  amended to read:

  7         720.3075  Prohibited clauses in association

  8  documents.--

  9         (1)  It is declared that the public policy of this

10  state prohibits the inclusion or enforcement of certain types

11  of clauses in homeowners' association documents, including

12  declaration of covenants, articles of incorporation, bylaws,

13  or any other document of the association which binds members

14  of the association, which either have the effect of or provide

15  that:

16         (a)  A developer has the unilateral ability and right

17  to make changes to the homeowners' association documents after

18  the transition of homeowners' association control in a

19  community from the developer to the nondeveloper members, as

20  set forth in s. 720.307, has occurred.

21         (b)  A homeowners' association is prohibited or

22  restricted from filing a lawsuit against the developer, or the

23  homeowners' association is otherwise effectively prohibited or

24  restricted from bringing a lawsuit against the developer.

25         (c)  After the transition of homeowners' association

26  control in a community from the developer to the nondeveloper

27  members, as set forth in s. 720.307, has occurred, a developer

28  is entitled to cast votes in an amount that exceeds one vote

29  per residential lot.

30  

31  

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    Florida Senate - 2001                     CS for CS for SB 126
    316-1512-01




  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 8.  This act shall take effect October 1, 2001.

21  

22          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
23                            CS/SB 126

24                                 

25  Provides that the prohibition against deed restrictions and
    covenants that restrict the use of Xeriscape or Florida
26  friendly landscape is prospective from the effective date of
    the bill;
27  
    Amends s. 720.3075, F.S., to prohibit homeowners' associations
28  from restricting the practice of Xeriscape.

29  

30  

31  

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