Senate Bill sb0126e1
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    CS for CS for SB 126                           First Engrossed
  1                      A bill to be entitled
  2         An act relating to use of water resources;
  3         amending ss. 125.568, 166.048, 255.259,
  4         335.167, 373.185, F.S.; redefining the term
  5         "Xeriscape"; prohibiting certain restrictions
  6         on the practice of Xeriscape or the
  7         construction of irrigation wells; amending s.
  8         373.62, F.S.; providing for the operation and
  9         maintenance of rain sensor devices; amending s.
10         720.3075, F.S.; prohibiting homeowners'
11         associations from restricting the practice of
12         Xeriscape or the construction of irrigation
13         wells; providing an effective date.
14
15  Be It Enacted by the Legislature of the State of Florida:
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17         Section 1.  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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    CS for CS for SB 126                           First Engrossed
  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 or from
25  constructing on such land an irrigation well permitted or
26  exempted by the water management district.
27         Section 2.  Section 166.048, Florida Statutes, is
28  amended to read:
29         166.048  Conservation of water; Xeriscape.--
30         (1)(a)  The Legislature finds that Xeriscape
31  contributes to the conservation of water.  In an effort to
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    CS for CS for SB 126                           First Engrossed
  1  meet the water needs of this state in a manner that will
  2  supply adequate and dependable supplies of water where needed,
  3  it is the intent of the Legislature that Xeriscape be an
  4  essential part of water conservation planning.
  5         (b)  "Xeriscape" or "Florida friendly landscape" means
  6  quality landscapes that conserve water and protect the
  7  environment and are adaptable to local conditions and which
  8  are drought tolerant a landscaping method that maximizes the
  9  conservation of water by the use of site-appropriate plants
10  and an efficient watering system.  The principles of Xeriscape
11  include planning and design, appropriate choice of plants,
12  soil analysis which may include the use of solid waste
13  compost, practical use of turf, efficient irrigation,
14  appropriate use of mulches, and proper maintenance.
15         (2)  By October 1, 1992, The governing body of each
16  municipality shall consider enacting ordinances requiring the
17  use of Xeriscape as a water conservation measure.  If the
18  governing body determines that Xeriscape would be of
19  significant benefit as a water conservation measure relative
20  to the cost to implement Xeriscape landscaping in its area of
21  jurisdiction in the municipality, the board shall enact a
22  Xeriscape ordinance. Further, the governing body shall
23  consider promoting Xeriscape as a water conservation measure
24  by:  using Xeriscape in, around, or near facilities, parks,
25  and other common areas under its jurisdiction which are
26  landscaped after the effective date of this act; providing
27  public education on Xeriscape, its uses as a water
28  conservation tool, and its long-term cost-effectiveness; and
29  offering incentives to local residents and businesses to
30  implement Xeriscape landscaping.
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    CS for CS for SB 126                           First Engrossed
  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 or from
  5  constructing on such land an irrigation well permitted or
  6  exempted by the water management district.
  7         Section 3.  Subsection (4) is added to section 255.259,
  8  Florida Statutes, to read:
  9         255.259  Xeriscape landscaping on public property.--
10         (4)  A deed restriction or covenant entered after
11  October 1, 2001, or local government ordinance may not
12  prohibit any property owner from implementing Xeriscape or
13  Florida friendly landscape on his or her land or from
14  constructing on such land an irrigation well permitted or
15  exempted by the water management district.
16         Section 4.  Section 335.167, Florida Statutes, is
17  amended to read:
18         335.167  State highway construction and maintenance;
19  Xeriscape landscaping in rights-of-way.--
20         (1)  The department shall use and require the use of
21  Xeriscape practices, as defined in s. 373.185(1), in the
22  construction and maintenance of all new state highways,
23  wayside parks, access roads, welcome stations, and other state
24  highway rights-of-way constructed upon or acquired after June
25  30, 1992. The department shall develop a 5-year program for
26  phasing in the use of Xeriscape, including the use of solid
27  waste compost, in state highway rights-of-way constructed upon
28  or acquired before July 1, 1992.  In accomplishing these
29  tasks, the department shall employ the guidelines set out in
30  s. 373.185(2)(a)-(f).
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    CS for CS for SB 126                           First Engrossed
  1         (2)  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 or from
  5  constructing on such land an irrigation well permitted or
  6  exempted by the water management district.
  7         Section 5.  Section 373.62, Florida Statutes, is
  8  amended to read:
  9         373.62  Water conservation; automatic sprinkler
10  systems.--Any person who purchases and installs an automatic
11  lawn sprinkler system after May 1, 1991, shall install, and
12  must maintain and operate, a rain sensor device or switch that
13  which will override the irrigation cycle of the sprinkler
14  system when adequate rainfall has occurred.
15         Section 6.  Section 373.185, Florida Statutes, is
16  amended to read:
17         373.185  Local Xeriscape ordinances.--
18         (1)  As used in this section, the term:
19         (a)  "Local government" means any county or
20  municipality of the state.
21         (b)  "Xeriscape" or "Florida friendly landscape" means
22  quality landscapes that conserve water and protect the
23  environment and are adaptable to local conditions and which
24  are drought tolerant a landscaping method that maximizes the
25  conservation of water by the use of site-appropriate plants
26  and an efficient watering system. The principles of Xeriscape
27  include planning and design, appropriate choice of plants,
28  soil analysis which may include the use of solid waste
29  compost, efficient irrigation, practical use of turf,
30  appropriate use of mulches, and proper maintenance.
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    CS for CS for SB 126                           First Engrossed
  1         (2)  Each water management district shall design and
  2  implement an incentive program to encourage all local
  3  governments within its district to adopt new ordinances or
  4  amend existing ordinances to require Xeriscape landscaping for
  5  development permitted after the effective date of the new
  6  ordinance or amendment.  Each district shall adopt rules
  7  governing the implementation of its incentive program and
  8  governing the review and approval of local government
  9  Xeriscape ordinances or amendments which are intended to
10  qualify a local government for the incentive program.  Each
11  district shall assist the local governments within its
12  jurisdiction by providing a model Xeriscape code and other
13  technical assistance.  A local government Xeriscape ordinance
14  or amendment, in order to qualify the local government for a
15  district's incentive program, must include, at a minimum:
16         (a)  Landscape design, installation, and maintenance
17  standards that result in water conservation.  Such standards
18  shall address the use of plant groupings, soil analysis
19  including the promotion of the use of solid waste compost,
20  efficient irrigation systems, and other water-conserving
21  practices.
22         (b)  Identification of prohibited invasive exotic plant
23  species.
24         (c)  Identification of controlled plant species,
25  accompanied by the conditions under which such plants may be
26  used.
27         (d)  A provision specifying the maximum percentage of
28  turf and the maximum percentage of impervious surfaces allowed
29  in a xeriscaped area and addressing the practical selection
30  and installation of turf.
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    CS for CS for SB 126                           First Engrossed
  1         (e)  Specific standards for land clearing and
  2  requirements for the preservation of existing native
  3  vegetation.
  4         (f)  A monitoring program for ordinance implementation
  5  and compliance.
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  7  The districts also shall work with local governments to
  8  promote, through educational programs and publications, the
  9  use of Xeriscape practices, including the use of solid waste
10  compost, in existing residential and commercial development.
11  This section may not be construed to limit the authority of
12  the districts to require Xeriscape ordinances or practices as
13  a condition of any consumptive use permit.
14         (3)  A deed restriction or covenant entered after
15  October 1, 2001, or local government ordinance may not
16  prohibit any property owner from implementing Xeriscape or
17  Florida friendly landscape on his or her land or from
18  constructing on such land an irrigation well permitted or
19  exempted by the water management district.
20         Section 7.  Section 720.3075, Florida Statutes, is
21  amended to read:
22         720.3075  Prohibited clauses in association
23  documents.--
24         (1)  It is declared that the public policy of this
25  state prohibits the inclusion or enforcement of certain types
26  of clauses in homeowners' association documents, including
27  declaration of covenants, articles of incorporation, bylaws,
28  or any other document of the association which binds members
29  of the association, which either have the effect of or provide
30  that:
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    CS for CS for SB 126                           First Engrossed
  1         (a)  A developer has the unilateral ability and right
  2  to make changes to the homeowners' association documents after
  3  the transition of homeowners' association control in a
  4  community from the developer to the nondeveloper members, as
  5  set forth in s. 720.307, has occurred.
  6         (b)  A homeowners' association is prohibited or
  7  restricted from filing a lawsuit against the developer, or the
  8  homeowners' association is otherwise effectively prohibited or
  9  restricted from bringing a lawsuit against the developer.
10         (c)  After the transition of homeowners' association
11  control in a community from the developer to the nondeveloper
12  members, as set forth in s. 720.307, has occurred, a developer
13  is entitled to cast votes in an amount that exceeds one vote
14  per residential lot.
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16  Such clauses are declared null and void as against the public
17  policy of this state.
18         (2)  The public policy described in subsection (1)
19  prohibits the inclusion or enforcement of such clauses created
20  on or after the effective date of s. 3, chapter 98-261, Laws
21  of Florida.
22         (3)  Homeowners' association documents, including
23  declarations of covenants, articles of incorporation, or
24  bylaws, may not preclude the display of one United States flag
25  by property owners. However, the flag must be displayed in a
26  respectful way and may be subject to reasonable standards for
27  size, placement, and safety, as adopted by the homeowners'
28  association, consistent with Title 36 U.S.C. chapter 10 and
29  any local ordinances.
30         (4)  Homeowners' association documents, including
31  declarations of covenants, articles of incorporation or
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    CS for CS for SB 126                           First Engrossed
  1  bylaws, entered after October 1, 2001, may not prohibit any
  2  property owner from implementing Xeriscape or Florida friendly
  3  landscape, as defined in s. 373.185(1), on his or her land or
  4  from constructing on such land an irrigation well permitted or
  5  exempted by the water management district.
  6         Section 8.  This act shall take effect October 1, 2001.
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