HB 199

1
A bill to be entitled
2An act relating to water supply; providing legislative
3intent; directing the Secretary of Environmental
4Protection to coordinate with the water management
5districts to conduct a study of certain desalination
6technologies; providing study requirements; requiring the
7secretary to report to the Governor and the Legislature by
8a specified date; amending s. 373.185, F.S.; revising the
9principles of Florida-friendly landscape; deleting
10references to "xeriscape"; revising eligibility criteria
11for certain water management district incentive programs;
12requiring certain local government ordinances and
13amendments to incorporate specified landscape irrigation
14and design standards and identify specified invasive
15exotic plant species; requiring water management districts
16to consult with additional entities for activities
17relating to Florida-friendly landscaping practices;
18specifying the University of Florida's Yards and
19Neighborhoods extension program or a similar program as a
20primary resource for the delivery of educational programs
21relating to such practices; providing an exemption from
22certain rulemaking requirements; providing construction;
23prohibiting the creation of conflicting requirements or
24limitations; providing legislative findings; amending ss.
25125.568, 166.048, 255.259, 335.167, 373.228, 380.061,
26388.291, 481.303, and 720.3075, F.S.; conforming
27provisions to changes made by the act; amending s.
28373.236, F.S.; authorizing water management districts and
29the Department of Environmental Protection to grant
30permits as incentives for landowners to pursue alternative
31water resource projects; providing requirements for the
32permits; providing an effective date.
33
34Be It Enacted by the Legislature of the State of Florida:
35
36     Section 1.  (1)  LEGISLATIVE INTENT.--The Legislature finds
37that desalination of seawater is a proven technology for
38providing water supply solutions for countries around the world
39and an increasingly cost-competitive alternative for coastal
40cities within the United States. The potential success of
41desalination projects would benefit the communities they
42directly serve and the state as a whole by preserving existing
43natural water resources and providing a practical means of
44ensuring adequate supplies of water for future generations of
45Floridians. Therefore, it is the intent of the Legislature to
46aggressively pursue desalination technologies for use in the
47state.
48     (2)  DESALINATION TECHNOLOGY STUDY; REPORT.--The Secretary
49of Environmental Protection is directed to coordinate with the
50water management districts to conduct a study examining all
51current and available desalination technologies. The study shall
52include an analysis of the existing desalination projects in the
53state and recommendations for a plan to effectively utilize and
54implement desalination technologies that are environmentally and
55fiscally sound and that will provide sustainability of the
56current water supply demands of the state as well as long-term
57potable water supply demands based on projected population
58growth. The secretary shall submit a report of the findings of
59the study and plan recommendations to the Governor, the
60President of the Senate, and the Speaker of the House of
61Representatives by June 30, 2009.
62     Section 2.  Section 373.185, Florida Statutes, is amended
63to read:
64     373.185  Local Florida-friendly landscape Xeriscape
65ordinances.--
66     (1)  As used in this section, the term:
67     (a)  "Local government" means any county or municipality of
68the state.
69     (b)  "Xeriscape" or "Florida-friendly landscape" means
70quality landscapes that conserve water, and protect the
71environment, and are adaptable to local conditions, and which
72are drought tolerant. The principles of Florida-friendly
73landscape Xeriscape include planting the right plant in the
74right place, efficient watering, appropriate fertilization,
75mulching, attraction of wildlife, responsible management of yard
76pests, recycling yard waste, reduction of stormwater runoff, and
77waterfront protection. Additional components of Florida-friendly
78landscape include planning and design, appropriate choice of
79plants, soil analysis which may include the use of solid waste
80compost, efficient irrigation, practical use of turf,
81appropriate use of mulches, and proper maintenance.
82     (2)  Each water management district shall design and
83implement an incentive program to encourage all local
84governments within its district to adopt new ordinances or amend
85existing ordinances to require Florida-friendly Xeriscape
86landscaping for development permitted after the effective date
87of the new ordinance or amendment. Each district shall establish
88criteria adopt rules governing the implementation of its
89incentive program and governing the review and approval of local
90government Florida-friendly landscape Xeriscape ordinances or
91amendments which are intended to qualify a local government for
92the incentive program. Each district shall assist the local
93governments within its jurisdiction by providing a model
94Florida-friendly landscape Xeriscape code and other technical
95assistance. A local government Florida-friendly landscape
96Xeriscape ordinance or amendment, in order to qualify the local
97government for a district's incentive program, must include, at
98a minimum:
99     (a)  Landscape design, installation, and maintenance
100standards that result in water conservation. Such standards
101shall address the use of plant groupings, soil analysis
102including the promotion of the use of solid waste compost,
103efficient irrigation systems, and other water-conserving
104practices.
105     (b)  Identification of prohibited invasive exotic plant
106species consistent with the provisions of s. 581.091.
107     (c)  Identification of controlled plant species,
108accompanied by the conditions under which such plants may be
109used.
110     (d)  A provision specifying the maximum percentage of turf
111and the maximum percentage of impervious surfaces allowed in a
112Florida-friendly landscaped xeriscaped area and addressing the
113practical selection and installation of turf.
114     (e)  Specific standards for land clearing and requirements
115for the preservation of existing native vegetation.
116     (f)  A monitoring program for ordinance implementation and
117compliance.
118     (g)  Incorporation of the landscape irrigation and Florida-
119friendly landscape design standards developed pursuant to s.
120373.228(4).
121
122The districts also shall work with local governments, county
123extension agents or offices, nursery and landscape industry
124groups, and other interested stakeholders to promote, through
125educational programs and publications, the use of Florida-
126friendly landscape Xeriscape practices, including the use of
127solid waste compost, in existing residential and commercial
128development. The districts shall use the University of Florida's
129Yards and Neighborhoods extension program or a similar program
130as a primary resource for the delivery of educational programs
131to individual homeowners and homeowners' associations. This
132subsection is not subject to the rulemaking requirements of
133chapter 120 section may not be construed to limit the authority
134of the districts to require Xeriscape ordinances or practices as
135a condition of any consumptive use permit.
136     (3)  This section may not be construed to limit the
137authority of the districts to require Florida-Friendly landscape
138ordinances or practices as a condition of any permit under part
139II or part IV of this chapter.
140     (4)(3) A deed restriction, or covenant entered after
141October 1, 2001, or local government ordinance may not prohibit
142any property owner from implementing Xeriscape or Florida-
143friendly landscaping landscape on his or her land or create any
144requirement or limitation in conflict with any provision of part
145II or a water shortage order, other order, consumptive use
146permit, or rule adopted or issued pursuant to part II. A deed
147restriction, covenant, or local government ordinance may not be
148enforced to prohibit a property owner from implementing Florida-
149friendly landscaping, nor shall such restriction, covenant, or
150ordinance create any such conflicting requirement or limitation.
151The Legislature finds that the use of Florida-Friendly
152landscaping and other measures that conserve Florida's water
153resources serves a compelling public interest and that the
154participation of homeowners' associations and local governments
155is essential to state water conservation efforts.
156     Section 3.  Section 125.568, Florida Statutes, is amended
157to read:
158     125.568  Conservation of water; Florida-friendly landscape
159Xeriscape.--
160     (1)(a)  The Legislature finds that Florida-friendly
161landscape, as implemented in s. 373.185, Xeriscape contributes
162to the conservation of water. In an effort to meet the water
163needs of this state in a manner that will supply adequate and
164dependable supplies of water where needed, it is the intent of
165the Legislature that Florida-friendly landscape Xeriscape be an
166essential part of water conservation planning.
167     (b)  "Xeriscape" or "Florida-friendly landscape" means
168quality landscapes that conserve water, and protect the
169environment, and are adaptable to local conditions, and which
170are drought tolerant. The principles of Florida-friendly
171landscape Xeriscape include planting the right plant in the
172right place, efficient watering, appropriate fertilization,
173mulching, attraction of wildlife, responsible management of yard
174pests, recycling yard waste, reduction of stormwater runoff, and
175waterfront protection. Additional components of Florida-friendly
176landscape include planning and design, appropriate choice of
177plants, soil analysis which may include the use of solid waste
178compost, practical use of turf, efficient irrigation,
179appropriate use of mulches, and proper maintenance.
180     (2)  The board of county commissioners of each county shall
181consider enacting ordinances requiring the use of Florida-
182friendly landscape Xeriscape as a water conservation measure. If
183the board determines that Florida-friendly landscape Xeriscape
184would be of significant benefit as a water conservation measure
185relative to the cost to implement Florida-friendly Xeriscape
186landscaping in its area of jurisdiction, the board shall enact a
187Florida-friendly landscape Xeriscape ordinance. Further, the
188board of county commissioners shall consider promoting Florida-
189friendly landscape Xeriscape as a water conservation measure by:
190using Florida-friendly landscape Xeriscape in, around, or near
191facilities, parks, and other common areas under its jurisdiction
192that which are landscaped after the effective date of this act;
193providing public education on Florida-friendly landscape
194Xeriscape, its uses as a water conservation tool, and its long-
195term cost-effectiveness; and offering incentives to local
196residents and businesses to implement Florida-friendly Xeriscape
197landscaping.
198     (3)  A deed restriction, or covenant entered after October
1991, 2001, or local government ordinance may not prohibit any
200property owner from implementing Xeriscape or Florida-friendly
201landscape on his or her land.
202     Section 4.  Section 166.048, Florida Statutes, is amended
203to read:
204     166.048  Conservation of water; Florida-friendly landscape
205Xeriscape.--
206     (1)(a)  The Legislature finds that Florida-friendly
207landscape, as implemented in s. 373.185, Xeriscape contributes
208to the conservation of water. In an effort to meet the water
209needs of this state in a manner that will supply adequate and
210dependable supplies of water where needed, it is the intent of
211the Legislature that Florida-friendly landscape Xeriscape be an
212essential part of water conservation planning.
213     (b)  "Xeriscape" or "Florida-friendly landscape" means
214quality landscapes that conserve water, and protect the
215environment, and are adaptable to local conditions, and which
216are drought tolerant. The principles of Florida-friendly
217landscape Xeriscape include planting the right plant in the
218right place, efficient watering, appropriate fertilization,
219mulching, attraction of wildlife, responsible management of yard
220pests, recycling yard waste, reduction of stormwater runoff, and
221waterfront protection. Additional components of Florida-friendly
222landscape include planning and design, appropriate choice of
223plants, soil analysis which may include the use of solid waste
224compost, practical use of turf, efficient irrigation,
225appropriate use of mulches, and proper maintenance.
226     (2)  The governing body of each municipality shall consider
227enacting ordinances requiring the use of Florida-friendly
228landscape Xeriscape as a water conservation measure. If the
229governing body determines that Florida-friendly landscape
230Xeriscape would be of significant benefit as a water
231conservation measure relative to the cost to implement Florida-
232friendly Xeriscape landscaping in its area of jurisdiction in
233the municipality, the board shall enact a Florida-friendly
234landscape Xeriscape ordinance. Further, the governing body shall
235consider promoting Florida-friendly landscape Xeriscape as a
236water conservation measure by: using Florida-friendly landscape
237Xeriscape in, around, or near facilities, parks, and other
238common areas under its jurisdiction that which are landscaped
239after the effective date of this act; providing public education
240on Florida-friendly landscape Xeriscape, its uses as a water
241conservation tool, and its long-term cost-effectiveness; and
242offering incentives to local residents and businesses to
243implement Florida-friendly Xeriscape landscaping.
244     (3)  A deed restriction, or covenant entered after October
2451, 2001, or local government ordinance may not prohibit any
246property owner from implementing Xeriscape or Florida-friendly
247landscape on his or her land.
248     Section 5.  Section 255.259, Florida Statutes, is amended
249to read:
250     255.259  Florida-friendly Xeriscape landscaping on public
251property.--
252     (1)  The Legislature finds that water conservation is
253increasingly critical to the continuance of an adequate water
254supply for the citizens of this state. The Legislature further
255finds that "Florida-friendly landscape Xeriscape," as
256implemented defined in s. 373.185, can contribute significantly
257to the conservation of water. Finally, the Legislature finds
258that state government has the responsibility to promote Florida-
259friendly landscape Xeriscape as a water conservation measure by
260using Florida-friendly landscape Xeriscape on public property
261associated with publicly owned buildings or facilities.
262     (2)  As used in this section, "publicly owned buildings or
263facilities" means those construction projects under the purview
264of the Department of Management Services. It does not include
265environmentally endangered land or roads and highway
266construction under the purview of the Department of
267Transportation.
268     (3)  The Department of Management Services, in consultation
269with the Department of Environmental Protection, shall adopt
270rules and guidelines for the required use of Florida-friendly
271landscape Xeriscape on public property associated with publicly
272owned buildings or facilities constructed after June 30, 1992.
273The Department of Management Services also shall develop a 5-
274year program for phasing in the use of Florida-friendly
275landscape Xeriscape on public property associated with publicly
276owned buildings or facilities constructed before July 1, 1992.
277In accomplishing these tasks, the Department of Management
278Services shall take into account the guidelines set out in s.
279373.185(2)(a)-(g)(a)-(f). The Department of Transportation shall
280implement Florida-friendly Xeriscape landscaping pursuant to s.
281335.167.
282     (4)  A deed restriction, or covenant entered after October
2831, 2001, or local government ordinance may not prohibit any
284property owner from implementing Xeriscape or Florida-friendly
285landscape on his or her land.
286     Section 6.  Section 335.167, Florida Statutes, is amended
287to read:
288     335.167  State highway construction and maintenance;
289Xeriscape or Florida-friendly landscaping.--
290     (1)  The department shall use and require the use of
291Florida-friendly landscape Xeriscape practices, as implemented
292defined in s. 373.185(1), in the construction and maintenance of
293all new state highways, wayside parks, access roads, welcome
294stations, and other state highway rights-of-way constructed upon
295or acquired after June 30, 1992. The department shall develop a
2965-year program for phasing in the use of Florida-friendly
297landscape Xeriscape, including the use of solid waste compost,
298in state highway rights-of-way constructed upon or acquired
299before July 1, 1992. In accomplishing these tasks, the
300department shall employ the guidelines set out in s.
301373.185(2)(a)-(g)(a)-(f).
302     (2)  A deed restriction, or covenant entered after October
3031, 2001, or local government ordinance may not prohibit any
304property owner from implementing Xeriscape or Florida-friendly
305landscape on his or her land.
306     Section 7.  Subsections (2) and (4) of section 373.228,
307Florida Statutes, are amended to read:
308     373.228  Landscape irrigation design.--
309     (2)  The Legislature finds that landscape irrigation
310comprises a significant portion of water use and that the
311current typical landscape irrigation system and Florida-friendly
312landscape xeriscape designs offer significant potential water
313conservation benefits.
314     (4)  The water management districts shall work with the
315Florida Nurserymen and Growers Association, the Florida Chapter
316of the American Society of Landscape Architects, the Florida
317Irrigation Society, the Department of Agriculture and Consumer
318Services, the Institute of Food and Agricultural Sciences, the
319Department of Environmental Protection, the Department of
320Transportation, the Florida League of Cities, the Florida
321Association of Counties, and the Florida Association of
322Community Developers to develop landscape irrigation and
323Florida-friendly landscape xeriscape design standards for new
324construction which incorporate a landscape irrigation system and
325develop scientifically based model guidelines for urban,
326commercial, and residential landscape irrigation, including drip
327irrigation, for plants, trees, sod, and other landscaping. The
328landscape and irrigation design standards shall be based on the
329irrigation code defined in the Florida Building Code, Plumbing
330Volume, Appendix F. Local governments shall use the standards
331and guidelines when developing landscape irrigation and Florida-
332friendly landscape xeriscape ordinances. Every 5 years, the
333agencies and entities specified in this subsection shall review
334the standards and guidelines to determine whether new research
335findings require a change or modification of the standards and
336guidelines.
337     Section 8.  Paragraph (a) of subsection (3) of section
338380.061, Florida Statutes, is amended to read:
339     380.061  The Florida Quality Developments program.--
340     (3)(a)  To be eligible for designation under this program,
341the developer shall comply with each of the following
342requirements which is applicable to the site of a qualified
343development:
344     1.  Have donated or entered into a binding commitment to
345donate the fee or a lesser interest sufficient to protect, in
346perpetuity, the natural attributes of the types of land listed
347below. In lieu of the above requirement, the developer may enter
348into a binding commitment which runs with the land to set aside
349such areas on the property, in perpetuity, as open space to be
350retained in a natural condition or as otherwise permitted under
351this subparagraph. Under the requirements of this subparagraph,
352the developer may reserve the right to use such areas for the
353purpose of passive recreation that is consistent with the
354purposes for which the land was preserved.
355     a.  Those wetlands and water bodies throughout the state as
356would be delineated if the provisions of s. 373.4145(1)(b) were
357applied. The developer may use such areas for the purpose of
358site access, provided other routes of access are unavailable or
359impracticable; may use such areas for the purpose of stormwater
360or domestic sewage management and other necessary utilities to
361the extent that such uses are permitted pursuant to chapter 403;
362or may redesign or alter wetlands and water bodies within the
363jurisdiction of the Department of Environmental Protection which
364have been artificially created, if the redesign or alteration is
365done so as to produce a more naturally functioning system.
366     b.  Active beach or primary and, where appropriate,
367secondary dunes, to maintain the integrity of the dune system
368and adequate public accessways to the beach. However, the
369developer may retain the right to construct and maintain
370elevated walkways over the dunes to provide access to the beach.
371     c.  Known archaeological sites determined to be of
372significance by the Division of Historical Resources of the
373Department of State.
374     d.  Areas known to be important to animal species
375designated as endangered or threatened animal species by the
376United States Fish and Wildlife Service or by the Fish and
377Wildlife Conservation Commission, for reproduction, feeding, or
378nesting; for traveling between such areas used for reproduction,
379feeding, or nesting; or for escape from predation.
380     e.  Areas known to contain plant species designated as
381endangered plant species by the Department of Agriculture and
382Consumer Services.
383     2.  Produce, or dispose of, no substances designated as
384hazardous or toxic substances by the United States Environmental
385Protection Agency or by the Department of Environmental
386Protection or the Department of Agriculture and Consumer
387Services. This subparagraph is not intended to apply to the
388production of these substances in nonsignificant amounts as
389would occur through household use or incidental use by
390businesses.
391     3.  Participate in a downtown reuse or redevelopment
392program to improve and rehabilitate a declining downtown area.
393     4.  Incorporate no dredge and fill activities in, and no
394stormwater discharge into, waters designated as Class II,
395aquatic preserves, or Outstanding Florida Waters, except as
396activities in those waters are permitted pursuant to s.
397403.813(2) and the developer demonstrates that those activities
398meet the standards under Class II waters, Outstanding Florida
399Waters, or aquatic preserves, as applicable.
400     5.  Include open space, recreation areas, Florida-friendly
401landscape Xeriscape as defined in s. 373.185, and energy
402conservation and minimize impermeable surfaces as appropriate to
403the location and type of project.
404     6.  Provide for construction and maintenance of all onsite
405infrastructure necessary to support the project and enter into a
406binding commitment with local government to provide an
407appropriate fair-share contribution toward the offsite impacts
408which the development will impose on publicly funded facilities
409and services, except offsite transportation, and condition or
410phase the commencement of development to ensure that public
411facilities and services, except offsite transportation, will be
412available concurrent with the impacts of the development. For
413the purposes of offsite transportation impacts, the developer
414shall comply, at a minimum, with the standards of the state land
415planning agency's development-of-regional-impact transportation
416rule, the approved strategic regional policy plan, any
417applicable regional planning council transportation rule, and
418the approved local government comprehensive plan and land
419development regulations adopted pursuant to part II of chapter
420163.
421     7.  Design and construct the development in a manner that
422is consistent with the adopted state plan, the applicable
423strategic regional policy plan, and the applicable adopted local
424government comprehensive plan.
425     Section 9.  Subsection (3) of section 388.291, Florida
426Statutes, is amended to read:
427     388.291  Source reduction measures; supervision by
428department.--
429     (3)  Property owners in a developed residential area are
430required to maintain their property in such a manner so as not
431to create or maintain any standing freshwater condition capable
432of breeding mosquitoes or other arthropods in significant
433numbers so as to constitute a public health, welfare, or
434nuisance problem. Nothing in this subsection shall permit the
435alteration of permitted stormwater management systems or
436prohibit maintained fish ponds, Florida-friendly landscaping
437xeriscaping, or other maintained systems of landscaping or
438vegetation. If such a condition is found to exist, the local
439arthropod control agency shall serve notice on the property
440owner to treat, remove, or abate the condition. Such notice
441shall serve as prima facie evidence of maintaining a nuisance,
442and upon failure of the property owner to treat, remove, or
443abate the condition, the local arthropod control agency or any
444affected citizen may proceed pursuant to s. 60.05 to enjoin the
445nuisance and may recover costs and attorney's fees if they
446prevail in the action.
447     Section 10.  Paragraph (a) of subsection (6) of section
448481.303, Florida Statutes, is amended to read:
449     481.303  Definitions.--As used in this chapter:
450     (6)  "Landscape architecture" means professional services,
451including, but not limited to, the following:
452     (a)  Consultation, investigation, research, planning,
453design, preparation of drawings, specifications, contract
454documents and reports, responsible construction supervision, or
455landscape management in connection with the planning and
456development of land and incidental water areas, including the
457use of Florida-friendly landscape Xeriscape as implemented
458defined in s. 373.185, where, and to the extent that, the
459dominant purpose of such services or creative works is the
460preservation, conservation, enhancement, or determination of
461proper land uses, natural land features, ground cover and
462plantings, or naturalistic and aesthetic values;
463     Section 11.  Subsection (4) of section 720.3075, Florida
464Statutes, is amended to read:
465     720.3075  Prohibited clauses in association documents.--
466     (4)  Homeowners' association documents, including
467declarations of covenants, articles of incorporation, or bylaws,
468entered after October 1, 2001, may not prohibit any property
469owner from implementing Xeriscape or Florida-friendly landscape,
470as implemented defined in s. 373.185(1), on his or her land.
471     Section 12.  Subsection (6) is added to section 373.236,
472Florida Statutes, to read:
473     373.236  Duration of permits; compliance reports.--
474     (6)(a)  The need for alternative water supply development
475projects to meet anticipated public water supply demands of the
476state is so important that it is essential to encourage
477participation in and contribution to these projects by private
478rural land owners who characteristically have relatively modest
479near-term water demands but substantially increasing demands
480after the 20-year planning horizon in s. 373.0361. Where such
481landowners make extraordinary contributions of lands or
482construction funding to enable the expeditious implementation of
483such projects, water management districts and the department may
484grant permits for such projects for a period of up to 50 years to
485municipalities, counties, special districts, regional water
486supply authorities, multijurisdictional water supply entities,
487and publicly owned or privately owned utilities, with the
488exception of any of the foregoing created for or by a private
489landowner after April 1, 2008, which have entered into an
490agreement with the private landowner for the purpose of more
491efficiently pursuing alternative public water supply development
492projects identified in a district's regional water supply plan
493and of meeting water demands of both the applicant and the
494landowner.
495     (b)  Any permit pursuant to paragraph (a) shall be granted
496only for that period of time for which there is sufficient data
497to provide reasonable assurance that the conditions for permit
498issuance will be met. Such a permit shall require a compliance
499report by the permittee every 5 years during the term of the
500permit. The report shall contain sufficient data to maintain
501reasonable assurance that the conditions for permit issuance
502applicable at the time of district review of the compliance
503report are met. Following review of this report, the governing
504board or the department may modify the permit to ensure that the
505use meets the conditions for issuance. This subsection does not
506limit the existing authority of the department or the governing
507board to modify or revoke a consumptive use permit.
508     Section 13.  This act shall take effect July 1, 2008.


CODING: Words stricken are deletions; words underlined are additions.