| 1 | A bill to be entitled |
| 2 | An act relating to water resources; amending s. 373.185, |
| 3 | F.S.; revising the definition of Florida-friendly |
| 4 | landscaping; deleting references to "xeriscape"; requiring |
| 5 | water management districts to provide model Florida- |
| 6 | friendly landscaping ordinances to local governments; |
| 7 | revising eligibility criteria for certain water management |
| 8 | district incentive programs; requiring certain local |
| 9 | government ordinances and amendments to include certain |
| 10 | design standards and identify specified invasive exotic |
| 11 | plant species; requiring water management districts to |
| 12 | consult with additional entities for activities relating |
| 13 | to Florida-friendly landscaping practices; specifying |
| 14 | programs for the delivery of educational programs relating |
| 15 | to such practices; providing legislative findings; |
| 16 | providing that certain regulations prohibiting the |
| 17 | implementation of Florida-friendly landscaping or |
| 18 | conflicting with provisions governing the permitting of |
| 19 | consumptive uses of water are prohibited; providing |
| 20 | construction; creating s. 373.187, F.S.; requiring water |
| 21 | management districts to implement Florida-friendly |
| 22 | landscaping practices on specified properties; requiring |
| 23 | districts to develop specified programs for implementing |
| 24 | such practices; amending s. 373.228, F.S.; requiring water |
| 25 | management districts to consider certain information in |
| 26 | evaluating water use applications from public water |
| 27 | suppliers; conforming provisions to changes made by the |
| 28 | act; amending s. 373.323, F.S.; revising application |
| 29 | requirements for water well contractor licensure; |
| 30 | requiring applicants to provide specified documentation; |
| 31 | amending s. 373.333, F.S.; authorizing an administrative |
| 32 | fine to be imposed for each occurrence of unlicensed well |
| 33 | water contracting; amending ss. 125.568, 166.048, 255.259, |
| 34 | 335.167, 380.061, 388.291, 481.303, and 720.3075, F.S.; |
| 35 | conforming provisions to changes made by the act; revising |
| 36 | provisions requiring the use of Florida-friendly |
| 37 | landscaping for specified public properties and highway |
| 38 | construction and maintenance projects; providing an |
| 39 | effective date. |
| 40 |
|
| 41 | Be It Enacted by the Legislature of the State of Florida: |
| 42 |
|
| 43 | Section 1. Section 373.185, Florida Statutes, is amended |
| 44 | to read: |
| 45 | 373.185 Local Florida-friendly landscaping Xeriscape |
| 46 | ordinances.-- |
| 47 | (1) As used in this section, the term: |
| 48 | (a) "Local government" means any county or municipality of |
| 49 | the state. |
| 50 | (b) "Xeriscape" or "Florida-friendly landscaping |
| 51 | landscape" means quality landscapes that conserve water, and |
| 52 | protect the environment, and are adaptable to local conditions, |
| 53 | and which are drought tolerant. The principles of Florida- |
| 54 | friendly landscaping Xeriscape include planting the right plant |
| 55 | in the right place, efficient watering, appropriate |
| 56 | fertilization, mulching, attraction of wildlife, responsible |
| 57 | management of yard pests, recycling yard waste, reduction of |
| 58 | stormwater runoff, and waterfront protection. The principles of |
| 59 | Florida-friendly landscaping include practices such as landscape |
| 60 | planning and design, appropriate choice of plants, soil |
| 61 | analysis, which may include the appropriate use of solid waste |
| 62 | compost, minimizing the use of efficient irrigation, practical |
| 63 | use of turf, appropriate use of mulches, and proper maintenance. |
| 64 | (2) Each water management district shall design and |
| 65 | implement an incentive program to encourage all local |
| 66 | governments within its district to adopt new ordinances or amend |
| 67 | existing ordinances to require Florida-friendly Xeriscape |
| 68 | landscaping for development permitted after the effective date |
| 69 | of the new ordinance or amendment. Each district shall adopt |
| 70 | rules governing the implementation of its incentive program and |
| 71 | governing the review and approval of local government Xeriscape |
| 72 | ordinances or amendments which are intended to qualify a local |
| 73 | government for the incentive program. Each district shall assist |
| 74 | the local governments within its jurisdiction by providing a |
| 75 | model Florida-friendly landscaping ordinance Xeriscape code and |
| 76 | other technical assistance. Each district may develop its own |
| 77 | model or use a model contained in the "Florida-Friendly |
| 78 | Landscape Guidance Models for Ordinances, Covenants, and |
| 79 | Restrictions" manual developed by the Department of |
| 80 | Environmental Protection. A local government Florida-friendly |
| 81 | landscaping Xeriscape ordinance or amendment, in order to |
| 82 | qualify the local government for a district's incentive program, |
| 83 | must include, at a minimum: |
| 84 | (a) Landscape design, installation, and maintenance |
| 85 | standards that result in water conservation and water quality |
| 86 | protection or restoration. Such standards shall address the use |
| 87 | of plant groupings, soil analysis including the promotion of the |
| 88 | use of solid waste compost, efficient irrigation systems, and |
| 89 | other water-conserving practices. |
| 90 | (b) Identification of prohibited invasive exotic plant |
| 91 | species consistent with the provisions of s. 581.091. |
| 92 | (c) Identification of controlled plant species, |
| 93 | accompanied by the conditions under which such plants may be |
| 94 | used. |
| 95 | (d) A provision specifying the maximum percentage of |
| 96 | irrigated turf and the maximum percentage of impervious surfaces |
| 97 | allowed in a Florida-friendly landscaped xeriscaped area and |
| 98 | addressing the practical selection and installation of turf. |
| 99 | (e) Specific standards for land clearing and requirements |
| 100 | for the preservation of existing native vegetation. |
| 101 | (f) A monitoring program for ordinance implementation and |
| 102 | compliance. |
| 103 |
|
| 104 | In addition to developing and implementing an incentive program, |
| 105 | each district The districts also shall work with local |
| 106 | governments, the Department of Environmental Protection, county |
| 107 | extension agents or offices, nursery and landscape industry |
| 108 | groups, and other interested stakeholders to promote, through |
| 109 | educational programs, and publications, and other activities of |
| 110 | the district authorized under this chapter, the use of Florida- |
| 111 | friendly landscaping Xeriscape practices, including the use of |
| 112 | solid waste compost, in existing residential and commercial |
| 113 | development. In these activities, each district shall use the |
| 114 | materials developed by the department, the Institute of Food and |
| 115 | Agricultural Sciences at the University of Florida, and the |
| 116 | Center for Landscape Conservation and Ecology Florida-friendly |
| 117 | landscaping program, including, but not limited to, the Florida |
| 118 | Yards and Neighborhoods Program for homeowners, the Florida |
| 119 | Yards and Neighborhoods Builder Developer Program for |
| 120 | developers, and the Green Industries Best Management Practices |
| 121 | Program for landscaping professionals. Each district may develop |
| 122 | supplemental materials as appropriate to address the physical |
| 123 | and natural characteristics of the district. The districts shall |
| 124 | coordinate with the department and the Institute of Food and |
| 125 | Agricultural Sciences at the University of Florida if revisions |
| 126 | to the educational materials of the department or university are |
| 127 | needed. This section may not be construed to limit the authority |
| 128 | of the districts to require Xeriscape ordinances or practices as |
| 129 | a condition of any consumptive use permit. |
| 130 | (3)(a) The Legislature finds that the use of Florida- |
| 131 | friendly landscaping and other water use and pollution |
| 132 | prevention measures that conserve or protect the state's water |
| 133 | resources serves a compelling public interest and that the |
| 134 | participation of homeowners' associations and local governments |
| 135 | is essential to state water conservation and water quality |
| 136 | protection and restoration efforts. |
| 137 | (b) A deed restriction or covenant entered after October |
| 138 | 1, 2001, or local government ordinance may not prohibit or be |
| 139 | enforced to prohibit any property owner from implementing |
| 140 | Xeriscape or Florida-friendly landscaping landscape on his or |
| 141 | her land or create any requirement or limitation in conflict |
| 142 | with any provision of part II of this chapter or a water |
| 143 | shortage order, other order, consumptive use permit, or rule |
| 144 | adopted or issued pursuant to part II of this chapter. |
| 145 | (c) A local government ordinance may not prohibit or be |
| 146 | enforced to prohibit any property owner from implementing |
| 147 | Florida-friendly landscaping on his or her land. |
| 148 | (4) This section may not be construed to limit the |
| 149 | authority of the department or the districts to require Florida- |
| 150 | friendly landscaping ordinances or practices as a condition of |
| 151 | any permit under this chapter. |
| 152 | Section 2. Section 373.187, Florida Statutes, is created |
| 153 | to read: |
| 154 | 373.187 Water management district implementation of |
| 155 | Florida-friendly landscaping.--Each water management district |
| 156 | shall use Florida-friendly landscaping, as defined in s. |
| 157 | 373.185, on public property associated with buildings and |
| 158 | facilities owned by the water management district and |
| 159 | constructed after June 30, 2009. Each water management district |
| 160 | shall also develop a 5-year program for phasing in the use of |
| 161 | Florida-friendly landscaping on public property associated with |
| 162 | buildings or facilities owned by the water management district |
| 163 | and constructed before July 1, 2009. |
| 164 | Section 3. Section 373.228, Florida Statutes, is amended |
| 165 | to read: |
| 166 | 373.228 Landscape irrigation design.-- |
| 167 | (1) The Legislature finds that multiple areas throughout |
| 168 | the state have been identified by water management districts as |
| 169 | water resource caution areas, which indicates that in the near |
| 170 | future water demand in those areas will exceed the current |
| 171 | available water supply and that conservation is one of the |
| 172 | mechanisms by which future water demand will be met. |
| 173 | (2) The Legislature finds that landscape irrigation |
| 174 | comprises a significant portion of water use and that the |
| 175 | current typical landscape irrigation system and Florida-friendly |
| 176 | landscaping xeriscape designs offer significant potential water |
| 177 | conservation benefits. |
| 178 | (3) It is the intent of the Legislature to improve |
| 179 | landscape irrigation water use efficiency by ensuring that |
| 180 | landscape irrigation systems meet or exceed minimum design |
| 181 | criteria. |
| 182 | (4) The water management districts shall work with the |
| 183 | Florida Nursery Nurserymen and Growers and Landscape |
| 184 | Association, the Florida Native Plant Society, the Florida |
| 185 | Chapter of the American Society of Landscape Architects, the |
| 186 | Florida Irrigation Society, the Department of Agriculture and |
| 187 | Consumer Services, the Institute of Food and Agricultural |
| 188 | Sciences, the Department of Environmental Protection, the |
| 189 | Department of Transportation, the Florida League of Cities, the |
| 190 | Florida Association of Counties, and the Florida Association of |
| 191 | Community Developers to develop landscape irrigation and |
| 192 | Florida-friendly landscaping xeriscape design standards for new |
| 193 | construction which incorporate a landscape irrigation system and |
| 194 | develop scientifically based model guidelines for urban, |
| 195 | commercial, and residential landscape irrigation, including drip |
| 196 | irrigation, for plants, trees, sod, and other landscaping. The |
| 197 | landscape and irrigation design standards shall be based on the |
| 198 | irrigation code defined in the Florida Building Code, Plumbing |
| 199 | Volume, Appendix F. Local governments shall use the standards |
| 200 | and guidelines when developing landscape irrigation and Florida- |
| 201 | friendly landscaping xeriscape ordinances. By January 1, 2011, |
| 202 | the agencies and entities specified in this subsection shall |
| 203 | review the standards and guidelines to determine whether new |
| 204 | research findings require a change or modification of the |
| 205 | standards and guidelines. |
| 206 | (5) In evaluating water use applications from public water |
| 207 | suppliers, water management districts shall consider whether the |
| 208 | applicable local government has adopted ordinances for |
| 209 | landscaping and irrigation systems consistent with the Florida- |
| 210 | friendly landscaping provisions of s. 373.185. |
| 211 | Section 4. Subsection (3) of section 373.323, Florida |
| 212 | Statutes, is amended to read: |
| 213 | 373.323 Licensure of water well contractors; application, |
| 214 | qualifications, and examinations; equipment identification.-- |
| 215 | (3) An applicant who meets the following requirements |
| 216 | shall be entitled to take the water well contractor licensure |
| 217 | examination to practice water well contracting: |
| 218 | (a) Is at least 18 years of age. |
| 219 | (b) Has at least 2 years of experience in constructing, |
| 220 | repairing, or abandoning water wells. Satisfactory proof of such |
| 221 | experience shall be demonstrated by providing: |
| 222 | 1. Evidence of the length of time the applicant has been |
| 223 | engaged in the business of the construction, repair, or |
| 224 | abandonment of water wells as a major activity, as attested to |
| 225 | by a letter from each of three of the following persons: |
| 226 | a. A water well contractor. |
| 227 | b. A water well driller. |
| 228 | c. A water well parts and equipment vendor. |
| 229 | d. A water well inspector employed by a governmental |
| 230 | agency. |
| 231 | 2. A list of at least 10 water wells that the applicant |
| 232 | has constructed, repaired, or abandoned within the preceding 5 |
| 233 | years. Of these wells, at least seven must have been |
| 234 | constructed, as defined in s. 373.303(2), by the applicant. The |
| 235 | list shall also include: |
| 236 | a. The name and address of the owner or owners of each |
| 237 | well. |
| 238 | b. The location, primary use, and approximate depth and |
| 239 | diameter of each well the applicant has constructed, repaired, |
| 240 | or abandoned. |
| 241 | c. The approximate date the construction, repair, or |
| 242 | abandonment of each well was completed. |
| 243 | (c) Has completed the application form and remitted a |
| 244 | nonrefundable application fee. |
| 245 | Section 5. Subsection (8) of section 373.333, Florida |
| 246 | Statutes, is amended to read: |
| 247 | 373.333 Disciplinary guidelines; adoption and enforcement; |
| 248 | license suspension or revocation.-- |
| 249 | (8) The water management district may impose through an |
| 250 | order an administrative fine not to exceed $5,000 per occurrence |
| 251 | against an unlicensed person if when it determines that the |
| 252 | unlicensed person has engaged in the practice of water well |
| 253 | contracting, for which a license is required. |
| 254 | Section 6. Section 125.568, Florida Statutes, is amended |
| 255 | to read: |
| 256 | 125.568 Conservation of water; Florida-friendly |
| 257 | landscaping Xeriscape.-- |
| 258 | (1)(a) The Legislature finds that Florida-friendly |
| 259 | landscaping Xeriscape contributes to the conservation, |
| 260 | protection, and restoration of water. In an effort to meet the |
| 261 | water needs of this state in a manner that will supply adequate |
| 262 | and dependable supplies of water where needed, it is the intent |
| 263 | of the Legislature that Florida-friendly landscaping Xeriscape |
| 264 | be an essential part of water conservation and water quality |
| 265 | protection and restoration planning. |
| 266 | (b) As used in this section, "Xeriscape" or "Florida- |
| 267 | friendly landscaping" has the same meaning as in s. 373.185 |
| 268 | landscape" means quality landscapes that conserve water and |
| 269 | protect the environment and are adaptable to local conditions |
| 270 | and which are drought tolerant. The principles of Xeriscape |
| 271 | include planning and design, appropriate choice of plants, soil |
| 272 | analysis which may include the use of solid waste compost, |
| 273 | practical use of turf, efficient irrigation, appropriate use of |
| 274 | mulches, and proper maintenance. |
| 275 | (2) The board of county commissioners of each county shall |
| 276 | consider enacting ordinances, consistent with the provisions of |
| 277 | s. 373.185, requiring the use of Florida-friendly landscaping |
| 278 | Xeriscape as a water conservation or water quality protection or |
| 279 | restoration measure. If the board determines that Florida- |
| 280 | friendly landscaping Xeriscape would be of significant benefit |
| 281 | as a water conservation or water quality protection or |
| 282 | restoration measure, especially for waters designated as |
| 283 | impaired pursuant to s. 403.067, relative to the cost to |
| 284 | implement Florida-friendly Xeriscape landscaping in its area of |
| 285 | jurisdiction, the board shall enact a Florida-friendly |
| 286 | landscaping Xeriscape ordinance. Further, the board of county |
| 287 | commissioners shall consider promoting Florida-friendly |
| 288 | landscaping Xeriscape as a water conservation or water quality |
| 289 | protection or restoration measure by: using Florida-friendly |
| 290 | landscaping Xeriscape in any, around, or near facilities, parks, |
| 291 | and other common areas under its jurisdiction that which are |
| 292 | landscaped after the effective date of this act; providing |
| 293 | public education on Florida-friendly landscaping Xeriscape, its |
| 294 | uses in increasing as a water conservation and water quality |
| 295 | protection or restoration tool, and its long-term cost- |
| 296 | effectiveness; and offering incentives to local residents and |
| 297 | businesses to implement Florida-friendly Xeriscape landscaping. |
| 298 | (3)(a) The Legislature finds that the use of Florida- |
| 299 | friendly landscaping and other water use and pollution |
| 300 | prevention measures that conserve or protect the state's water |
| 301 | resources serves a compelling public interest and that the |
| 302 | participation of homeowners' associations and local governments |
| 303 | is essential to state water conservation and water quality |
| 304 | protection and restoration efforts. |
| 305 | (b) A deed restriction or covenant entered after October |
| 306 | 1, 2001, or local government ordinance may not prohibit or be |
| 307 | enforced to prohibit any property owner from implementing |
| 308 | Xeriscape or Florida-friendly landscaping landscape on his or |
| 309 | her land or create any requirement or limitation in conflict |
| 310 | with any provision of part II of chapter 373 or a water shortage |
| 311 | order, other order, consumptive use permit, or rule adopted or |
| 312 | issued pursuant to part II of chapter 373. |
| 313 | (c) A local government ordinance may not prohibit or be |
| 314 | enforced to prohibit any property owner from implementing |
| 315 | Florida-friendly landscaping on his or her land. |
| 316 | Section 7. Section 166.048, Florida Statutes, is amended |
| 317 | to read: |
| 318 | 166.048 Conservation of water; Florida-friendly |
| 319 | landscaping Xeriscape.-- |
| 320 | (1)(a) The Legislature finds that Florida-friendly |
| 321 | landscaping Xeriscape contributes to the conservation, |
| 322 | protection, and restoration of water. In an effort to meet the |
| 323 | water needs of this state in a manner that will supply adequate |
| 324 | and dependable supplies of water where needed, it is the intent |
| 325 | of the Legislature that Florida-friendly landscaping Xeriscape |
| 326 | be an essential part of water conservation and water quality |
| 327 | protection and restoration planning. |
| 328 | (b) As used in this section, "Xeriscape" or "Florida- |
| 329 | friendly landscaping" has the same meaning as in s. 373.185 |
| 330 | landscape" means quality landscapes that conserve water and |
| 331 | protect the environment and are adaptable to local conditions |
| 332 | and which are drought tolerant. The principles of Xeriscape |
| 333 | include planning and design, appropriate choice of plants, soil |
| 334 | analysis which may include the use of solid waste compost, |
| 335 | practical use of turf, efficient irrigation, appropriate use of |
| 336 | mulches, and proper maintenance. |
| 337 | (2) The governing body of each municipality shall consider |
| 338 | enacting ordinances, consistent with the provisions of s. |
| 339 | 373.185, requiring the use of Florida-friendly landscaping |
| 340 | Xeriscape as a water conservation or water quality protection or |
| 341 | restoration measure. If the governing body determines that |
| 342 | Florida-friendly landscaping Xeriscape would be of significant |
| 343 | benefit as a water conservation or water quality protection or |
| 344 | restoration measure, especially for waters designated as |
| 345 | impaired pursuant to s. 403.067, relative to the cost to |
| 346 | implement Florida-friendly Xeriscape landscaping in its area of |
| 347 | jurisdiction in the municipality, the governing body board shall |
| 348 | enact a Florida-friendly landscaping Xeriscape ordinance. |
| 349 | Further, the governing body shall consider promoting Florida- |
| 350 | friendly landscaping Xeriscape as a water conservation or water |
| 351 | quality protection or restoration measure by: using Florida- |
| 352 | friendly landscaping Xeriscape in any, around, or near |
| 353 | facilities, parks, and other common areas under its jurisdiction |
| 354 | that which are landscaped after the effective date of this act; |
| 355 | providing public education on Florida-friendly landscaping |
| 356 | Xeriscape, its uses in increasing as a water conservation and |
| 357 | water quality protection or restoration tool, and its long-term |
| 358 | cost-effectiveness; and offering incentives to local residents |
| 359 | and businesses to implement Florida-friendly Xeriscape |
| 360 | landscaping. |
| 361 | (3)(a) The Legislature finds that the use of Florida- |
| 362 | friendly landscaping and other water use and pollution |
| 363 | prevention measures that conserve or protect the state's water |
| 364 | resources serves a compelling public interest and that the |
| 365 | participation of homeowners' associations and local governments |
| 366 | is essential to state water conservation and water quality |
| 367 | protection and restoration efforts. |
| 368 | (b) A deed restriction or covenant entered after October |
| 369 | 1, 2001, or local government ordinance may not prohibit or be |
| 370 | enforced to prohibit any property owner from implementing |
| 371 | Xeriscape or Florida-friendly landscaping landscape on his or |
| 372 | her land or create any requirement or limitation in conflict |
| 373 | with any provision of part II of chapter 373 or a water shortage |
| 374 | order, other order, consumptive use permit, or rule adopted or |
| 375 | issued pursuant to part II of chapter 373. |
| 376 | (c) A local government ordinance may not prohibit or be |
| 377 | enforced to prohibit any property owner from implementing |
| 378 | Florida-friendly landscaping on his or her land. |
| 379 | Section 8. Section 255.259, Florida Statutes, is amended |
| 380 | to read: |
| 381 | 255.259 Florida-friendly Xeriscape landscaping on public |
| 382 | property.-- |
| 383 | (1) The Legislature finds that water conservation and |
| 384 | water quality protection and restoration are is increasingly |
| 385 | critical to the continuance of an adequate water supply and |
| 386 | healthy surface and ground waters for the citizens of this |
| 387 | state. The Legislature further finds that "Florida-friendly |
| 388 | landscaping Xeriscape," as defined in s. 373.185, can contribute |
| 389 | significantly to water the conservation and of water quality |
| 390 | protection and restoration. Finally, the Legislature finds that |
| 391 | state government has the responsibility to promote Florida- |
| 392 | friendly landscaping Xeriscape as a water conservation and water |
| 393 | quality protection and restoration measure by using Florida- |
| 394 | friendly landscaping Xeriscape on public property associated |
| 395 | with publicly owned buildings or facilities. |
| 396 | (2) As used in this section, "publicly owned buildings or |
| 397 | facilities" means those construction projects under the purview |
| 398 | of the Department of Management Services. It does not include |
| 399 | environmentally endangered land or roads and highway |
| 400 | construction under the purview of the Department of |
| 401 | Transportation. |
| 402 | (3) The Department of Management Services, in consultation |
| 403 | with the Department of Environmental Protection, shall adopt |
| 404 | rules and guidelines for the required use of Florida-friendly |
| 405 | landscaping Xeriscape on public property associated with |
| 406 | publicly owned buildings or facilities constructed after June |
| 407 | 30, 2009 1992. The Department of Management Services also shall |
| 408 | develop a 5-year program for phasing in the use of Florida- |
| 409 | friendly landscaping Xeriscape on public property associated |
| 410 | with publicly owned buildings or facilities constructed before |
| 411 | July 1, 2009 1992. In accomplishing these tasks, the Department |
| 412 | of Management Services shall take into account the provisions of |
| 413 | guidelines set out in s. 373.185(2)(a)-(f). The Department of |
| 414 | Transportation shall implement Florida-friendly Xeriscape |
| 415 | landscaping pursuant to s. 335.167. |
| 416 | (4)(a) The Legislature finds that the use of Florida- |
| 417 | friendly landscaping and other water use and pollution |
| 418 | prevention measures that conserve or protect the state's water |
| 419 | resources serves a compelling public interest and that the |
| 420 | participation of homeowners' associations and local governments |
| 421 | is essential to state water conservation and water quality |
| 422 | protection and restoration efforts. |
| 423 | (b) A deed restriction or covenant entered after October |
| 424 | 1, 2001, or local government ordinance may not prohibit or be |
| 425 | enforced to prohibit any property owner from implementing |
| 426 | Xeriscape or Florida-friendly landscaping landscape on his or |
| 427 | her land or create any requirement or limitation in conflict |
| 428 | with any provision of part II of chapter 373 or a water shortage |
| 429 | order, other order, consumptive use permit, or rule adopted or |
| 430 | issued pursuant to part II of chapter 373. |
| 431 | (c) A local government ordinance may not prohibit or be |
| 432 | enforced to prohibit any property owner from implementing |
| 433 | Florida-friendly landscaping on his or her land. |
| 434 | Section 9. Section 335.167, Florida Statutes, is amended |
| 435 | to read: |
| 436 | 335.167 State highway construction and maintenance; |
| 437 | Xeriscape or Florida-friendly landscaping.-- |
| 438 | (1) The department shall use and require the use of |
| 439 | Florida-friendly landscaping Xeriscape practices, as defined in |
| 440 | s. 373.185(1), in the construction and maintenance of all new |
| 441 | state highways, wayside parks, access roads, welcome stations, |
| 442 | and other state highway rights-of-way constructed upon or |
| 443 | acquired after June 30, 2009 1992. The department shall develop |
| 444 | a 5-year program for phasing in the use of Florida-friendly |
| 445 | landscaping Xeriscape, including the use of solid waste compost, |
| 446 | in state highway rights-of-way constructed upon or acquired |
| 447 | before July 1, 2009 1992. In accomplishing these tasks, the |
| 448 | department shall employ the guidelines set out in s. |
| 449 | 373.185(2)(a)-(f). |
| 450 | (2)(a) The Legislature finds that the use of Florida- |
| 451 | friendly landscaping and other water use and pollution |
| 452 | prevention measures that conserve or protect the state's water |
| 453 | resources serves a compelling public interest and that the |
| 454 | participation of homeowners' associations and local governments |
| 455 | is essential to state water conservation and water quality |
| 456 | protection and restoration efforts. |
| 457 | (b) A deed restriction or covenant entered after October |
| 458 | 1, 2001, or local government ordinance may not prohibit or be |
| 459 | enforced to prohibit any property owner from implementing |
| 460 | Xeriscape or Florida-friendly landscaping landscape on his or |
| 461 | her land or create any requirement or limitation in conflict |
| 462 | with any provision of part II of chapter 373 or a water shortage |
| 463 | order, other order, consumptive use permit, or rule adopted or |
| 464 | issued pursuant to part II of chapter 373. |
| 465 | (c) A local government ordinance may not prohibit or be |
| 466 | enforced to prohibit any property owner from implementing |
| 467 | Florida-friendly landscaping on his or her land. |
| 468 | Section 10. Paragraph (a) of subsection (3) of section |
| 469 | 380.061, Florida Statutes, is amended to read: |
| 470 | 380.061 The Florida Quality Developments program.-- |
| 471 | (3)(a) To be eligible for designation under this program, |
| 472 | the developer shall comply with each of the following |
| 473 | requirements which is applicable to the site of a qualified |
| 474 | development: |
| 475 | 1. Have donated or entered into a binding commitment to |
| 476 | donate the fee or a lesser interest sufficient to protect, in |
| 477 | perpetuity, the natural attributes of the types of land listed |
| 478 | below. In lieu of the above requirement, the developer may enter |
| 479 | into a binding commitment which runs with the land to set aside |
| 480 | such areas on the property, in perpetuity, as open space to be |
| 481 | retained in a natural condition or as otherwise permitted under |
| 482 | this subparagraph. Under the requirements of this subparagraph, |
| 483 | the developer may reserve the right to use such areas for the |
| 484 | purpose of passive recreation that is consistent with the |
| 485 | purposes for which the land was preserved. |
| 486 | a. Those wetlands and water bodies throughout the state as |
| 487 | would be delineated if the provisions of s. 373.4145(1)(b) were |
| 488 | applied. The developer may use such areas for the purpose of |
| 489 | site access, provided other routes of access are unavailable or |
| 490 | impracticable; may use such areas for the purpose of stormwater |
| 491 | or domestic sewage management and other necessary utilities to |
| 492 | the extent that such uses are permitted pursuant to chapter 403; |
| 493 | or may redesign or alter wetlands and water bodies within the |
| 494 | jurisdiction of the Department of Environmental Protection which |
| 495 | have been artificially created, if the redesign or alteration is |
| 496 | done so as to produce a more naturally functioning system. |
| 497 | b. Active beach or primary and, where appropriate, |
| 498 | secondary dunes, to maintain the integrity of the dune system |
| 499 | and adequate public accessways to the beach. However, the |
| 500 | developer may retain the right to construct and maintain |
| 501 | elevated walkways over the dunes to provide access to the beach. |
| 502 | c. Known archaeological sites determined to be of |
| 503 | significance by the Division of Historical Resources of the |
| 504 | Department of State. |
| 505 | d. Areas known to be important to animal species |
| 506 | designated as endangered or threatened animal species by the |
| 507 | United States Fish and Wildlife Service or by the Fish and |
| 508 | Wildlife Conservation Commission, for reproduction, feeding, or |
| 509 | nesting; for traveling between such areas used for reproduction, |
| 510 | feeding, or nesting; or for escape from predation. |
| 511 | e. Areas known to contain plant species designated as |
| 512 | endangered plant species by the Department of Agriculture and |
| 513 | Consumer Services. |
| 514 | 2. Produce, or dispose of, no substances designated as |
| 515 | hazardous or toxic substances by the United States Environmental |
| 516 | Protection Agency or by the Department of Environmental |
| 517 | Protection or the Department of Agriculture and Consumer |
| 518 | Services. This subparagraph is not intended to apply to the |
| 519 | production of these substances in nonsignificant amounts as |
| 520 | would occur through household use or incidental use by |
| 521 | businesses. |
| 522 | 3. Participate in a downtown reuse or redevelopment |
| 523 | program to improve and rehabilitate a declining downtown area. |
| 524 | 4. Incorporate no dredge and fill activities in, and no |
| 525 | stormwater discharge into, waters designated as Class II, |
| 526 | aquatic preserves, or Outstanding Florida Waters, except as |
| 527 | activities in those waters are permitted pursuant to s. |
| 528 | 403.813(2) and the developer demonstrates that those activities |
| 529 | meet the standards under Class II waters, Outstanding Florida |
| 530 | Waters, or aquatic preserves, as applicable. |
| 531 | 5. Include open space, recreation areas, Florida-friendly |
| 532 | landscaping Xeriscape as defined in s. 373.185, and energy |
| 533 | conservation and minimize impermeable surfaces as appropriate to |
| 534 | the location and type of project. |
| 535 | 6. Provide for construction and maintenance of all onsite |
| 536 | infrastructure necessary to support the project and enter into a |
| 537 | binding commitment with local government to provide an |
| 538 | appropriate fair-share contribution toward the offsite impacts |
| 539 | which the development will impose on publicly funded facilities |
| 540 | and services, except offsite transportation, and condition or |
| 541 | phase the commencement of development to ensure that public |
| 542 | facilities and services, except offsite transportation, will be |
| 543 | available concurrent with the impacts of the development. For |
| 544 | the purposes of offsite transportation impacts, the developer |
| 545 | shall comply, at a minimum, with the standards of the state land |
| 546 | planning agency's development-of-regional-impact transportation |
| 547 | rule, the approved strategic regional policy plan, any |
| 548 | applicable regional planning council transportation rule, and |
| 549 | the approved local government comprehensive plan and land |
| 550 | development regulations adopted pursuant to part II of chapter |
| 551 | 163. |
| 552 | 7. Design and construct the development in a manner that |
| 553 | is consistent with the adopted state plan, the applicable |
| 554 | strategic regional policy plan, and the applicable adopted local |
| 555 | government comprehensive plan. |
| 556 | Section 11. Subsection (3) of section 388.291, Florida |
| 557 | Statutes, is amended to read: |
| 558 | 388.291 Source reduction measures; supervision by |
| 559 | department.-- |
| 560 | (3) Property owners in a developed residential area are |
| 561 | required to maintain their property in such a manner so as not |
| 562 | to create or maintain any standing freshwater condition capable |
| 563 | of breeding mosquitoes or other arthropods in significant |
| 564 | numbers so as to constitute a public health, welfare, or |
| 565 | nuisance problem. Nothing in this subsection shall permit the |
| 566 | alteration of permitted stormwater management systems or |
| 567 | prohibit maintained fish ponds, Florida-friendly landscaping |
| 568 | xeriscaping, or other maintained systems of landscaping or |
| 569 | vegetation. If such a condition is found to exist, the local |
| 570 | arthropod control agency shall serve notice on the property |
| 571 | owner to treat, remove, or abate the condition. Such notice |
| 572 | shall serve as prima facie evidence of maintaining a nuisance, |
| 573 | and upon failure of the property owner to treat, remove, or |
| 574 | abate the condition, the local arthropod control agency or any |
| 575 | affected citizen may proceed pursuant to s. 60.05 to enjoin the |
| 576 | nuisance and may recover costs and attorney's fees if they |
| 577 | prevail in the action. |
| 578 | Section 12. Paragraph (a) of subsection (6) of section |
| 579 | 481.303, Florida Statutes, is amended to read: |
| 580 | 481.303 Definitions.--As used in this chapter: |
| 581 | (6) "Landscape architecture" means professional services, |
| 582 | including, but not limited to, the following: |
| 583 | (a) Consultation, investigation, research, planning, |
| 584 | design, preparation of drawings, specifications, contract |
| 585 | documents and reports, responsible construction supervision, or |
| 586 | landscape management in connection with the planning and |
| 587 | development of land and incidental water areas, including the |
| 588 | use of Florida-friendly landscaping Xeriscape as defined in s. |
| 589 | 373.185, where, and to the extent that, the dominant purpose of |
| 590 | such services or creative works is the preservation, |
| 591 | conservation, enhancement, or determination of proper land uses, |
| 592 | natural land features, ground cover and plantings, or |
| 593 | naturalistic and aesthetic values; |
| 594 | Section 13. Subsection (4) of section 720.3075, Florida |
| 595 | Statutes, is amended to read: |
| 596 | 720.3075 Prohibited clauses in association documents.-- |
| 597 | (4)(a) The Legislature finds that the use of Florida- |
| 598 | friendly landscaping and other water use and pollution |
| 599 | prevention measures that conserve or protect the state's water |
| 600 | resources serves a compelling public interest and that the |
| 601 | participation of homeowners' associations and local governments |
| 602 | is essential to state water conservation and water quality |
| 603 | protection and restoration efforts. |
| 604 | (b) Homeowners' association documents, including |
| 605 | declarations of covenants, articles of incorporation, or bylaws, |
| 606 | entered after October 1, 2001, may not prohibit or be enforced |
| 607 | to prohibit any property owner from implementing Xeriscape or |
| 608 | Florida-friendly landscaping landscape, as defined in s. |
| 609 | 373.185(1), on his or her land or create any requirement or |
| 610 | limitation in conflict with any provision of part II of chapter |
| 611 | 373 or a water shortage order, other order, consumptive use |
| 612 | permit, or rule adopted or issued pursuant to part II of chapter |
| 613 | 373. |
| 614 | Section 14. This act shall take effect July 1, 2009. |