ENROLLED
       2009 Legislature                          SB 2080, 2nd Engrossed
       
       
       
       
       
       
                                                             20092080er
    1  
    2         An act relating to water resources; creating s.
    3         373.0363, F.S.; providing definitions; providing
    4         legislative findings and intent; providing criteria
    5         for the Southwest Florida Water Management District to
    6         meet in implementing the West-Central Florida Water
    7         Restoration Action Plan; requiring that the district
    8         coordinate with regional water supply authorities and
    9         governmental entities to maximize opportunities
   10         concerning the efficient expenditure of public funds;
   11         specifying the plan’s purpose; specifying the
   12         initiatives that are included in the plan; providing
   13         criteria for implementing the Central West Coast
   14         Surface Water Enhancement Initiative, the Facilitating
   15         Agricultural Resource Management Systems Initiative,
   16         the Ridge Lakes Restoration Initiative, the Upper
   17         Peace River Watershed Restoration Initiative, and the
   18         Central Florida Water Resource Development Initiative
   19         and certain components or projects included in such
   20         initiatives; providing for the Southwest Florida Water
   21         Management District to include specified criteria
   22         concerning implementation of the plan, regional
   23         conditions, and the use of funds in specified annual
   24         reports; requiring that the Southwest Florida Water
   25         Management District develop and submit a plan to the
   26         Legislature; providing for approval of the plan;
   27         repealing s. 23, ch. 2008-150, Laws of Florida,
   28         relating to a provision prohibiting the Department of
   29         Environmental Protection from issuing a permit for
   30         certain Class I landfills; reenacting s. 373.069,
   31         F.S., relating to the creation of the water management
   32         districts, pursuant to the provisions of the Florida
   33         Government Accountability Act; amending s. 373.0693,
   34         F.S.; limiting the period of time a basin board member
   35         may serve after the end of a term; reducing the number
   36         of members on the Manasota Basin Board; eliminating
   37         the Oklawaha River Basin Advisory Council; removing ex
   38         officio designation of basin board chairs; removing a
   39         restriction on the voting authority of the chair;
   40         amending s. 373.073, F.S.; revising the membership of
   41         water management district governing boards; providing
   42         for appointment of members commencing on a specified
   43         date; amending s. 373.079, F.S.; requiring a water
   44         management district’s governing board to delegate to
   45         the executive director its authority to approve
   46         certain permits or grant variances or waivers of
   47         permitting requirements; authorizing the executive
   48         director to execute such delegated authority through
   49         designated staff members; providing that such
   50         delegations are exempt from specified rulemaking
   51         requirements; authorizing water management district
   52         governing boards, basin boards, committees, and
   53         advisory boards to conduct meetings by means of
   54         communications media technology; amending s. 373.083,
   55         F.S.; requiring water management district governing
   56         boards to delegate to the water management district’s
   57         executive director authority to approve certain
   58         permits or grant variances or waivers of permitting
   59         requirements; authorizing the executive director to
   60         execute such delegated authority through designated
   61         staff members; providing that such delegations are
   62         exempt from specified rulemaking requirements;
   63         amending s. 373.118, F.S.; removing provisions
   64         authorizing water management district governing boards
   65         to delegate authority to issue general permits to the
   66         executive director; amending s. 373.323, F.S.;
   67         revising application requirements for water well
   68         contractor licensure; requiring applicants to provide
   69         specified documentation; amending s. 373.236, F.S.;
   70         authorizing water management districts to issue 50
   71         year consumptive use permits to specified entities for
   72         certain alternative water supply development projects;
   73         providing for compliance reporting and review,
   74         modification, and revocation relating to such permits;
   75         authorizing 25-year consumptive use permits for
   76         renewable energy generating facilities and specified
   77         lands used in the production of renewable energy under
   78         certain conditions; providing that such permits are
   79         subject to compliance reports; amending s. 373.243,
   80         F.S.; providing for the revocation of certain
   81         consumptive use permits for renewable energy
   82         generating facilities and specified lands used in the
   83         production of renewable energy; amending s. 373.536,
   84         F.S.; authorizing substantive legislative committee
   85         chairs to provide input on proposed water management
   86         district budgets; amending s. 373.584, F.S.; providing
   87         a limitation on certain bonding for water management
   88         districts; authorizing the Joint Legislative Budget
   89         Commission to approve bonding exceeding such
   90         limitation; exempting certain outstanding bonds from
   91         such limitation and its calculation; amending s.
   92         373.59, F.S.; expanding water management district
   93         lands eligible to receive payment in lieu of taxes;
   94         revising the method used to determine eligibility for
   95         such payment; amending s. 373.5905, F.S.; providing
   96         conditions for reinstatement of payments in lieu of
   97         taxes and their duration; repealing s. 373.465, F.S.,
   98         to eliminate the Lake Panasoffkee Restoration Council;
   99         repealing s. 373.466, F.S., to eliminate the Lake
  100         Panasoffkee restoration program; amending s. 373.185,
  101         F.S.; revising the definition of Florida-friendly
  102         landscaping; deleting references to “xeriscape”;
  103         requiring water management districts to provide model
  104         Florida-friendly landscaping ordinances to local
  105         governments; revising eligibility criteria for certain
  106         incentive programs of the water management districts;
  107         requiring certain local government ordinances and
  108         amendments to include certain design standards and
  109         identify specified invasive exotic plant species;
  110         requiring water management districts to consult with
  111         additional entities for activities relating to
  112         Florida-friendly landscaping practices; specifying
  113         programs for the delivery of educational programs
  114         relating to such practices; providing legislative
  115         findings; providing that certain regulations
  116         prohibiting the implementation of Florida-friendly
  117         landscaping or conflicting with provisions governing
  118         the permitting of consumptive uses of water are
  119         prohibited; providing that the act does not limit the
  120         authority of the department or the water management
  121         districts to require Florida-friendly landscaping
  122         ordinances or practices as a condition of certain
  123         permit; creating s. 373.187, F.S.; requiring water
  124         management districts to implement Florida-friendly
  125         landscaping practices on specified properties;
  126         requiring districts to develop specified programs for
  127         implementing such practices on other specified
  128         properties; amending s. 373.228, F.S.; requiring water
  129         management districts to work with specified entities
  130         to develop certain standards; requiring water
  131         management districts to consider certain information
  132         in evaluating water use applications from public water
  133         suppliers; conforming provisions to changes made by
  134         the act; amending s. 373.333, F.S.; authorizing an
  135         administrative fine to be imposed for each occurrence
  136         of unlicensed well water contracting; amending ss.
  137         125.568, 166.048, 255.259, 335.167, 380.061, 388.291,
  138         481.303, and 720.3075, F.S.; conforming provisions to
  139         changes made by the act; revising provisions requiring
  140         the use of Florida-friendly landscaping for specified
  141         public properties and highway construction and
  142         maintenance projects; providing an effective date.
  143  
  144  Be It Enacted by the Legislature of the State of Florida:
  145  
  146         Section 1. Section 373.0363, Florida Statutes, is created
  147  to read:
  148         (1)As used in this section, the term:
  149         (a)“Central Florida Coordination Area” means all of Polk,
  150  Osceola, Orange, and Seminole Counties, and southern Lake
  151  County, as designated by the Southwest Florida Water Management
  152  District, the South Florida Water Management District, and the
  153  St. Johns River Water Management District.
  154         (b)“District” means the Southwest Florida Water Management
  155  District.
  156         (c)“Southern Water Use Caution Area” means an area that
  157  the district designated, after extensive collection of data and
  158  numerous studies, in order to comprehensively manage water
  159  resources in the Southern West-Central Groundwater Basin, which
  160  includes all of Desoto, Hardee, Manatee, and Sarasota Counties
  161  and parts of Charlotte, Highlands, Hillsborough, and Polk
  162  Counties.
  163         (d)“Southern Water Use Caution Area Recovery Strategy”
  164  means the district’s planning, regulatory, and financial
  165  strategy for ensuring that adequate water supplies are available
  166  to meet growing demands while protecting and restoring the water
  167  and related natural resources of the area.
  168         (e)“West-Central Florida Water Restoration Action Plan”
  169  means the district’s regional environmental restoration and
  170  water-resource sustainability program for the Southern Water Use
  171  Caution Area.
  172         (2)The Legislature finds that:
  173         (a)In response to the growing demands from public supply,
  174  agriculture, mining, power generation, and recreational users,
  175  ground water withdrawals in the Southern Water Use Caution Area
  176  have steadily increased for nearly a century before peaking in
  177  the mid-1970s. These withdrawals resulted in declines in aquifer
  178  levels throughout the ground water basin, which in some areas
  179  exceeded 50 feet.
  180         (b)While ground water withdrawals have since stabilized as
  181  a result of the district’s management efforts, depressed aquifer
  182  levels continue to result in saltwater intrusion, reduced flows
  183  in the Upper Peace River, lowered water levels, and adverse
  184  water quality impacts for some lakes in the Lake Wales Ridge
  185  areas of Polk and Highlands Counties.
  186         (c)In response to these resource concerns, and as directed
  187  by s. 373.036, the district determined that traditional sources
  188  of water in the region are not adequate to supply water for all
  189  existing and projected reasonable and beneficial uses and to
  190  sustain the water resources and related natural systems.
  191         (d)The expeditious implementation of the Southern Water
  192  Use Caution Area Recovery Strategy is needed to meet the minimum
  193  flow requirement for the Upper Peace River, slow saltwater
  194  intrusion, provide for improved lake levels and water quality
  195  along the Lake Wales Ridge, and ensure sufficient water supplies
  196  for all existing and projected reasonable and beneficial uses.
  197         (e)Sufficient research has been conducted and sufficient
  198  plans developed to immediately expand and accelerate programs to
  199  sustain the water resources and related natural systems in the
  200  Southern Water Use Caution Area.
  201         (f)The implementation of components of the Southern Water
  202  Use Caution Area Recovery Strategy, which are contained in the
  203  West-Central Florida Water Restoration Action Plan, is for the
  204  benefit of the public health, safety, and welfare and is in the
  205  public interest.
  206         (g)The implementation of the West-Central Florida Water
  207  Restoration Action Plan is necessary to meet the minimum flow
  208  requirement for the Upper Peace River, slow saltwater intrusion,
  209  provide for improved lake levels and water quality along the
  210  Lake Wales Ridge, and ensure sufficient water supplies for all
  211  existing and projected reasonable and beneficial uses.
  212         (h)A continuing source of funding is needed to effectively
  213  implement the West-Central Florida Water Restoration Action
  214  Plan.
  215         (3)The district shall implement the West-Central Florida
  216  Water Restoration Action Plan in a manner that furthers
  217  progressive strategies for the management of water resources, is
  218  watershed-based, provides for consideration of water quality
  219  issues, and includes monitoring, the development and
  220  implementation of best-management practices, and structural and
  221  nonstructural projects, including public works projects. The
  222  district shall coordinate its implementation of the plan with
  223  regional water supply authorities, public and private
  224  partnerships, and local, state, and federal partners in order to
  225  maximize opportunities for the most efficient and timely
  226  expenditures of public funds.
  227         (4) The West-Central Florida Water Restoration Action Plan
  228  includes:
  229         (a) The Central West Coast Surface Water Enhancement
  230  Initiative. The purpose of this initiative is to make additional
  231  surface waters available for public supply through restoration
  232  of surface waters, natural water flows, and freshwater wetland
  233  communities. This initiative is designed to allow limits on
  234  groundwater withdrawals in order to slow the rate of saltwater
  235  intrusion. The initiative shall be an ongoing program in
  236  cooperation with the Peace River-Manasota Regional Water Supply
  237  Authority created under s. 373.1962.
  238         (b) The Facilitating Agricultural Resource Management
  239  Systems Initiative. The purpose of this initiative is to
  240  expedite the implementation of production-scale, best management
  241  practices in the agricultural sector, which will result in
  242  reductions in groundwater withdrawals and improvements in water
  243  quality, water resources, and ecology. The initiative is a cost
  244  share reimbursement program to provide funding incentives to
  245  agricultural landowners for the implementation of best
  246  management practices. The initiative shall be implemented by the
  247  district in cooperation with the Department of Agriculture and
  248  Consumer Services. Cooperative funding programs approved by the
  249  governing board shall not be subject to the rulemaking
  250  requirements of chapter 120. However, any portion of an approved
  251  program which affects the substantial interests of a party shall
  252  be subject to s. 120.569.
  253         (c) The Ridge Lakes Restoration Initiative. The purpose of
  254  this initiative is to protect, restore, and enhance natural
  255  systems and flood protection by improving and protecting the
  256  water quality of approximately 130 lakes located along the Lake
  257  Wales Ridge in Polk and Highlands Counties, which quality is
  258  threatened by stormwater runoff, wastewater effluent, fertilizer
  259  applications, groundwater pollution, degradation of shoreline
  260  habitats, and hydrologic alterations. This initiative shall be
  261  accomplished through the construction of systems designed to
  262  treat the stormwater runoff that threatens the water quality of
  263  such lakes. Such systems include swales, retention basins, and
  264  long infiltration basins, if feasible.
  265         (d) The Upper Peace River Watershed Restoration Initiative.
  266  The purpose of this initiative is to improve the quality of
  267  waters and ecosystems in the watershed of the Upper Peace River
  268  by recharging aquifers, restoring the flow of surface waters,
  269  and restoring the capacity of natural systems to store surface
  270  waters. The Legislature finds that such improvements are
  271  necessary because the quantity and quality of the fresh water
  272  that flows to the basin of the Peace River and Charlotte Harbor
  273  are adversely affected by the significant alteration and
  274  degradation of the watershed of the Upper Peace River and
  275  because restoration of the watershed of the Upper Peace River is
  276  a critical component of the Charlotte Harbor National Estuary
  277  Program’s Comprehensive Conservation and Management Plan, the
  278  Southwest Florida Water Management District’s Surface Water
  279  Improvement and Management Plan, and the Southern Water Use
  280  Caution Area Recovery Strategy. This initiative shall include an
  281  Upper Peace River Component. In addition to the initiative’s
  282  other purposes, this component will provide a critical link to a
  283  major greenway that extends from the lower southwest coast of
  284  this state through the watershed of the Peace River and the
  285  Green Swamp and further north to the Ocala National Forest.
  286         (e) The Central Florida Water Resource Development
  287  Initiative. The purpose of this initiative is to create and
  288  implement a long-term plan that takes a comprehensive approach
  289  to limit ground water withdrawals in the Southern Water Use
  290  Caution Area and to identify and develop alternative water
  291  supplies for Polk County. The project components developed
  292  pursuant to this initiative are eligible for state and regional
  293  funding under s. 373.196 as an alternative water supply, as
  294  defined in s. 373.019, or as a supplemental water supply under
  295  the rules of the Southwest Florida Water Management District or
  296  the South Florida Water Management District. The initiative
  297  shall be implemented by the district as an ongoing program in
  298  cooperation with Polk County and the South Florida Water
  299  Management District.
  300         (5) As part of the consolidated annual report required
  301  pursuant s. 373.036(7), the district may include:
  302         (a) A summary of the conditions of the Southern Water Use
  303  Caution Area, including the status of the components of the
  304  West-Central Florida Water Restoration Action Plan.
  305         (b) An annual accounting of the expenditure of funds. The
  306  accounting must, at a minimum, provide details of expenditures
  307  separately by plan component and any subparts of a plan
  308  component, and include specific information about amount and use
  309  of funds from federal, state, and local government sources. In
  310  detailing the use of these funds, the district shall indicate
  311  those funds that are designated to meet requirements for
  312  matching funds.
  313         (6) The district shall submit the West-Central Florida
  314  Water Restoration Action Plan developed pursuant to subsection
  315  (4) to the President of the Senate and the Speaker of the House
  316  of Representatives prior to the 2010 regular legislative session
  317  for review. If the Legislature takes no action on the plan
  318  during the 2010 regular legislative session, the plan shall be
  319  deemed approved.
  320         Section 2. Section 23 of chapter 2008-150, Laws of Florida,
  321  is repealed.
  322         Section 3. Section 373.069, Florida Statutes, is reenacted.
  323         Section 4. Subsections (3), (6), and (7) and paragraph (a)
  324  of subsection (8) of section 373.0693, Florida Statutes, are
  325  amended to read:
  326         373.0693 Basins; basin boards.—
  327         (3) Each member of the various basin boards shall serve for
  328  a period of 3 years or until a successor is appointed, but not
  329  more than 180 days after the end of the term, except that the
  330  board membership of each new basin shall be divided into three
  331  groups as equally as possible, with members in such groups to be
  332  appointed for 1, 2, and 3 years, respectively. Each basin board
  333  shall choose a vice chair and a secretary to serve for a period
  334  of 1 year. The term of office of a basin board member shall be
  335  construed to commence on March 2 preceding the date of
  336  appointment and to terminate March 1 of the year of the end of a
  337  term or may continue until a successor is appointed, but not
  338  more than 180 days after the end of the expired term.
  339         (6)(a) Notwithstanding the provisions of any other general
  340  or special law to the contrary, a member of the governing board
  341  of the district residing in the basin or, if no member resides
  342  in the basin, a member of the governing board designated by the
  343  chair of the governing board shall be the ex officio chair of
  344  the basin board. The ex officio chair shall preside at all
  345  meetings of the basin board, except that the vice chair may
  346  preside in his or her absence. The ex officio chair shall have
  347  no official vote, except in case of a tie vote being cast by the
  348  members, but shall be the liaison officer of the district in all
  349  affairs in the basin and shall be kept informed of all such
  350  affairs.
  351         (b) Basin boards within the Southwest Florida Water
  352  Management District shall meet regularly as determined by a
  353  majority vote of the basin board members. Subject to notice
  354  requirements of chapter 120, special meetings, both emergency
  355  and nonemergency, may be called either by the ex officio chair
  356  or the elected vice chair of the basin board or upon request of
  357  two basin board members. The district staff shall include on the
  358  agenda of any basin board meeting any item for discussion or
  359  action requested by a member of that basin board. The district
  360  staff shall notify any basin board, as well as their respective
  361  counties, of any vacancies occurring in the district governing
  362  board or their respective basin boards.
  363         (7) At 11:59 p.m. on December 31, 1976, the Manasota
  364  Watershed Basin of the Ridge and Lower Gulf Coast Water
  365  Management District, which is annexed to the Southwest Florida
  366  Water Management District by change of its boundaries pursuant
  367  to chapter 76-243, Laws of Florida, shall be formed into a
  368  subdistrict or basin of the Southwest Florida Water Management
  369  District, subject to the same provisions as the other basins in
  370  such district. Such subdistrict shall be designated initially as
  371  the Manasota Basin. The members of the governing board of the
  372  Manasota Watershed Basin of the Ridge and Lower Gulf Coast Water
  373  Management District shall become members of the governing board
  374  of the Manasota Basin of the Southwest Florida Water Management
  375  District. Notwithstanding other provisions in this section,
  376  beginning on July 1, 2001, the membership of the Manasota Basin
  377  Board shall be comprised of two three members from Manatee
  378  County and two three members from Sarasota County. Matters
  379  relating to tie votes shall be resolved pursuant to subsection
  380  (6) by the ex officio chair designated by the governing board to
  381  vote in case of a tie vote.
  382         (8)(a) At 11:59 p.m. on June 30, 1988, the area transferred
  383  from the Southwest Florida Water Management District to the St.
  384  Johns River Water Management District by change of boundaries
  385  pursuant to chapter 76-243, Laws of Florida, shall cease to be a
  386  subdistrict or basin of the St. Johns River Water Management
  387  District known as the Oklawaha River Basin and said Oklawaha
  388  River Basin shall cease to exist. However, any recognition of an
  389  Oklawaha River Basin or an Oklawaha River Hydrologic Basin for
  390  regulatory purposes shall be unaffected. The area formerly known
  391  as the Oklawaha River Basin shall continue to be part of the St.
  392  Johns River Water Management District. There shall be
  393  established by the governing board of the St. Johns River Water
  394  Management District the Oklawaha River Basin Advisory Council to
  395  receive public input and advise the St. Johns River Water
  396  Management District’s governing board on water management issues
  397  affecting the Oklawaha River Basin. The Oklawaha River Basin
  398  Advisory Council shall be appointed by action of the St. Johns
  399  River Water Management District’s governing board and shall
  400  include one representative from each county which is wholly or
  401  partly included in the Oklawaha River Basin. The St. Johns River
  402  Water Management District’s governing board member currently
  403  serving pursuant to s. 373.073(2)(c)3. shall serve as chair of
  404  the Oklawaha River Basin Advisory Council. Members of the
  405  Oklawaha River Basin Advisory Council shall receive no
  406  compensation for their services but are entitled to be
  407  reimbursed for per diem and travel expenses as provided in s.
  408  112.061.
  409         Section 5. Paragraph (b) of subsection (1) of section
  410  373.073, Florida Statutes, is amended to read:
  411         373.073 Governing board.—
  412         (1)
  413         (b) Commencing January 1, 2011 1999, the Governor shall
  414  appoint the following number of governing board members in each
  415  year of the Governor’s 4-year term of office:
  416         1. In the first year of the Governor’s term of office, the
  417  Governor shall appoint four members to the governing board of
  418  the Southwest Florida Water Management District and appoint
  419  three members to the governing board of each other district.
  420         2. In the second year of the Governor’s term of office, the
  421  Governor shall appoint three members to the governing board of
  422  the Southwest Florida Water Management District and two members
  423  to the governing board of each other district.
  424         3. In the third year of the Governor’s term of office, the
  425  Governor shall appoint three members to the governing board of
  426  the Southwest Florida Water Management District and two members
  427  to the governing board of each other district.
  428         4. In the fourth year of the Governor’s term of office, the
  429  Governor shall appoint three members to the governing board of
  430  the Southwest Florida Water Management District and two members
  431  to the governing board of each other district.
  432  
  433  For any governing board vacancy that occurs before the date
  434  scheduled for the office to be filled under this paragraph, the
  435  Governor shall appoint a person meeting residency requirements
  436  of subsection (2) for a term that will expire on the date
  437  scheduled for the term of that office to terminate under this
  438  subsection. In addition to the residency requirements for the
  439  governing boards as provided by subsection (2), the Governor
  440  shall consider appointing governing board members to represent
  441  an equitable cross-section of regional interests and technical
  442  expertise.
  443         Section 6. Subsections (4) and (7) of section 373.079,
  444  Florida Statutes, are amended to read:
  445         373.079 Members of governing board; oath of office; staff.—
  446         (4)(a) The governing board of the district is authorized to
  447  employ an executive director, ombudsman, and such engineers,
  448  other professional persons, and other personnel and assistants
  449  as it deems necessary and under such terms and conditions as it
  450  may determine and to terminate such employment. The appointment
  451  of an executive director by the governing board is subject to
  452  approval by the Governor and must be initially confirmed by the
  453  Florida Senate. The governing board may delegate all or part of
  454  its authority under this paragraph to the executive director.
  455  However, the governing board shall delegate to the executive
  456  director all of its authority to take final action on permit
  457  applications under part II or part IV or petitions for variances
  458  or waivers of permitting requirements under part II or part IV,
  459  except for denials of such actions as provided in s.
  460  373.083(5).The executive director may execute such delegated
  461  authority through designated staff members. Such delegations
  462  shall not be subject to the rulemaking requirements of chapter
  463  120. The executive director must be confirmed by the Senate upon
  464  employment and must be confirmed or reconfirmed by the Senate
  465  during the second regular session of the Legislature following a
  466  gubernatorial election.
  467         (b)1. The governing board of each water management district
  468  shall employ an inspector general, who shall report directly to
  469  the board. However, the governing boards of the Suwannee River
  470  Water Management District and the Northwest Florida Water
  471  Management District may jointly employ an inspector general, or
  472  provide for inspector general services by interagency agreement
  473  with a state agency or water management district inspector
  474  general.
  475         2. An inspector general must have the qualifications
  476  prescribed and perform the applicable duties of state agency
  477  inspectors general as provided in s. 20.055.
  478         (7) The governing board shall meet at least once a month
  479  and upon call of the chair. The governing board, a basin board,
  480  a committee, or an advisory board may conduct meetings by means
  481  of communications media technology in accordance with rules
  482  adopted pursuant to s. 120.54.
  483         Section 7. Subsection (5) of section 373.083, Florida
  484  Statutes, is amended to read:
  485         373.083 General powers and duties of the governing board.
  486  In addition to other powers and duties allowed it by law, the
  487  governing board is authorized to:
  488         (5) Execute any of the powers, duties, and functions vested
  489  in the governing board through a member or members thereof, the
  490  executive director, or other district staff as designated by the
  491  governing board. The governing board may establish the scope and
  492  terms of any delegation. The However, if the governing board
  493  shall delegate to the executive director all of its delegates
  494  the authority to take final action on permit applications under
  495  part II or part IV, or petitions for variances or waivers of
  496  permitting requirements under part II or part IV, and the
  497  executive director may execute such delegated authority through
  498  designated staff. Such delegations shall not be subject to the
  499  rulemaking requirements of chapter 120. However, the governing
  500  board shall provide a process for referring any denial of such
  501  application or petition to the governing board to take final
  502  action. Such process shall expressly prohibit any member of a
  503  governing board from intervening in any manner during the review
  504  of an application prior to such application being referred to
  505  the governing board for final action. The authority in this
  506  subsection is supplemental to any other provision of this
  507  chapter granting authority to the governing board to delegate
  508  specific powers, duties, or functions.
  509         Section 8. Present subsection (4) of section 373.118,
  510  Florida Statutes, is amended, and subsection (5) of that section
  511  is renumbered as subsection (4), to read:
  512         373.118 General permits; delegation.—
  513         (4) To provide for greater efficiency, the governing board
  514  may delegate by rule its powers and duties pertaining to general
  515  permits to the executive director. The executive director may
  516  execute such delegated authority through designated staff.
  517  However, when delegating the authority to take final action on
  518  permit applications under part II or part IV or petitions for
  519  variances or waivers of permitting requirements under part II or
  520  part IV, the governing board shall provide a process for
  521  referring any denial of such application or petition to the
  522  governing board to take such final action.
  523         Section 9. Subsection (3) of section 373.323, Florida
  524  Statutes, is amended to read:
  525         373.323 Licensure of water well contractors; application,
  526  qualifications, and examinations; equipment identification.—
  527         (3) An applicant who meets the following requirements shall
  528  be entitled to take the water well contractor licensure
  529  examination to practice water well contracting:
  530         (a) Is at least 18 years of age.
  531         (b) Has at least 2 years of experience in constructing,
  532  repairing, or abandoning water wells. Satisfactory proof of such
  533  experience shall be demonstrated by providing:
  534         1. Evidence of the length of time the applicant has been
  535  engaged in the business of the construction, repair, or
  536  abandonment of water wells as a major activity, as attested to
  537  by a letter from three of the following persons:
  538         a. A water well contractor.
  539         b. A water well driller.
  540         c. A water well parts and equipment vendor.
  541         d. A water well inspectors employed by a governmental
  542  agency.
  543         2. A list of at least 10 water wells that the applicant has
  544  constructed, repaired, or abandoned within the preceding 5
  545  years. Of these wells, at least seven must have been
  546  constructed, as defined in s. 373.303(2), by the applicant. The
  547  list shall also include:
  548         a. The name and address of the owner or owners of each
  549  well.
  550         b. The location, primary use, and approximate depth and
  551  diameter of each well that the applicant has constructed,
  552  repaired, or abandoned.
  553         c. The approximate date the construction, repair, or
  554  abandonment of each well was completed.
  555         (c) Has completed the application form and remitted a
  556  nonrefundable application fee.
  557         Section 10. Subsections (6) and (7) are added to section
  558  373.236, Florida Statutes, to read:
  559         373.236 Duration of permits; compliance reports.—
  560         (6)(a) The Legislature finds that the need for alternative
  561  water supply development projects to meet anticipated public
  562  water supply demands of the state is so important that it is
  563  essential to encourage participation in and contribution to
  564  these projects by private-rural-land owners who
  565  characteristically have relatively modest near-term water
  566  demands but substantially increasing demands after the 20-year
  567  planning period in s. 373.0361. Therefore, where such landowners
  568  make extraordinary contributions of lands or construction
  569  funding to enable the expeditious implementation of such
  570  projects, water management districts and the department may
  571  grant permits for such projects for a period of up to 50 years
  572  to municipalities, counties, special districts, regional water
  573  supply authorities, multijurisdictional water supply entities,
  574  and publicly or privately owned utilities, with the exception of
  575  any publicly or privately owned utilities created for or by a
  576  private landowner after April 1, 2008, which have entered into
  577  an agreement with the private landowner for the purpose of more
  578  efficiently pursuing alternative public water supply development
  579  projects identified in a district’s regional water supply plan
  580  and meeting water demands of both the applicant and the
  581  landowner.
  582         (b) A permit under paragraph (a) may be granted only for
  583  that period for which there is sufficient data to provide
  584  reasonable assurance that the conditions for permit issuance
  585  will be met. Such a permit shall require a compliance report by
  586  the permittee every 5 years during the term of the permit. The
  587  report shall contain sufficient data to maintain reasonable
  588  assurance that the conditions for permit issuance applicable at
  589  the time of district review of the compliance report are met.
  590  After review of this report, the governing board or the
  591  department may modify the permit to ensure that the use meets
  592  the conditions for issuance. This subsection does not limit the
  593  existing authority of the department or the governing board to
  594  modify or revoke a consumptive use permit.
  595         (7) A permit approved for a renewable energy generating
  596  facility or the cultivation of agricultural products on lands
  597  consisting of 1,000 acres or more for use in the production
  598  renewable energy, as defined in s. 366.91(2)(d), shall be
  599  granted for a term of at least 25 years at the applicant’s
  600  request based on the anticipated life of the facility if there
  601  is sufficient data to provide reasonable assurance that the
  602  conditions for permit issuance will be met for the duration of
  603  the permit; otherwise, a permit may be issued for a shorter
  604  duration that reflects the longest period for which such
  605  reasonable assurances are provided. Such a permit is subject to
  606  compliance reports under subsection (4).
  607         Section 11. Subsection (4) of section 373.243, Florida
  608  Statutes, is amended to read:
  609         373.243 Revocation of permits.—The governing board or the
  610  department may revoke a permit as follows:
  611         (4) For nonuse of the water supply allowed by the permit
  612  for a period of 2 years or more, the governing board or the
  613  department may revoke the permit permanently and in whole unless
  614  the user can prove that his or her nonuse was due to extreme
  615  hardship caused by factors beyond the user’s control. For a
  616  permit issued pursuant to s. 373.236(7), the governing board or
  617  the department may revoke the permit only if the nonuse of the
  618  water supply allowed by the permit is for a period of 4 years or
  619  more.
  620         Section 12. Paragraph (e) of subsection (5) of section
  621  373.536, Florida Statutes, is amended to read:
  622         373.536 District budget and hearing thereon.—
  623         (5) TENTATIVE BUDGET CONTENTS AND SUBMISSION; REVIEW AND
  624  APPROVAL.—
  625         (e) By September 5 of the year in which the budget is
  626  submitted, the House and Senate appropriations and appropriate
  627  substantive committee chairs may transmit to each district
  628  comments and objections to the proposed budgets. Each district
  629  governing board shall include a response to such comments and
  630  objections in the record of the governing board meeting where
  631  final adoption of the budget takes place, and the record of this
  632  meeting shall be transmitted to the Executive Office of the
  633  Governor, the department, and the chairs of the House and Senate
  634  appropriations committees.
  635         Section 13. Subsection (5) is added to section 373.584,
  636  Florida Statutes, to read:
  637         373.584 Revenue bonds.—
  638         (5)(a) The total annual debt service for bonds issued
  639  pursuant to this section and s. 373.563 may not exceed 20
  640  percent of the annual ad valorem tax revenues of the water
  641  management district, unless approved by the Joint Legislative
  642  Budget Commission.
  643         (b) The Joint Legislative Budget Commission is authorized
  644  to review the financial soundness of a water management district
  645  and determine whether bonds may be issued by a water management
  646  district in excess of the limitation provided in paragraph (a).
  647         (c) A water management district may not take any action
  648  regarding the issuance of bonds in excess of the limitation of
  649  paragraph (a) without prior approval of the Joint Legislative
  650  Budget Commission pursuant to joint rules of the House of
  651  Representative and the Senate.
  652         (d) Bonds issued and outstanding before January 1, 2009,
  653  are exempt from this subsection and shall not be included in the
  654  calculation of the limitation of paragraph (a).
  655         (e) This subsection does not affect the validity or
  656  enforceability of outstanding revenue bonds.
  657         Section 14. Subsection (10) of section 373.59, Florida
  658  Statutes, is amended to read:
  659         373.59 Water Management Lands Trust Fund.—
  660         (10)(a) Beginning July 1, 1999, not more than one-fourth of
  661  the funds provided for in subsections (1) and (8) in any year
  662  shall be reserved annually by a governing board, during the
  663  development of its annual operating budget, for payments in lieu
  664  of taxes for all actual ad valorem tax losses incurred as a
  665  result of all governing board acquisitions for water management
  666  district purposes districts pursuant to ss. 259.101, 259.105,
  667  373.470, and this section during any year. Reserved funds not
  668  used for payments in lieu of taxes in any year shall revert to
  669  the Water Management Lands Trust Fund to be used in accordance
  670  with the provisions of this section.
  671         (b) Payment in lieu of taxes shall be available:
  672         1. To all counties that have a population of 150,000 or
  673  fewer. Population levels shall be determined pursuant to s.
  674  186.901 11.031. The population estimates published April 1 and
  675  used in the revenue-sharing formula pursuant to s. 186.901 shall
  676  be used to determine eligibility under this subsection and shall
  677  apply to payments made for the subsequent fiscal year.
  678         2. To all local governments located in eligible counties
  679  and whose lands are bought and taken off the tax rolls.
  680  
  681  For properties acquired after January 1, 2000, in the event that
  682  such properties otherwise eligible for payment in lieu of taxes
  683  under this subsection are leased or reserved and remain subject
  684  to ad valorem taxes, payments in lieu of taxes shall commence or
  685  recommence upon the expiration or termination of the lease or
  686  reservation, but in no event shall there be more than a total of
  687  10 annual payments in lieu of taxes for each tax loss. If the
  688  lease is terminated for only a portion of the lands at any time,
  689  the 10 annual payments shall be made for that portion only
  690  commencing the year after such termination, without limiting the
  691  requirement that 10 annual payments shall be made on the
  692  remaining portion or portions of the land as the lease on each
  693  expires. For the purposes of this subsection, “local government”
  694  includes municipalities and, the county school board, mosquito
  695  control districts, and any other local government entity which
  696  levies ad valorem taxes.
  697         (c) If sufficient funds are unavailable in any year to make
  698  full payments to all qualifying counties and local governments,
  699  such counties and local governments shall receive a pro rata
  700  share of the moneys available.
  701         (d) The payment amount shall be based on the average amount
  702  of actual ad valorem taxes paid on the property for the 3 years
  703  preceding acquisition. Applications for payment in lieu of taxes
  704  shall be made no later than May January 31 of the year for which
  705  payment is sought following acquisition. No payment in lieu of
  706  taxes shall be made for properties which were exempt from ad
  707  valorem taxation for the year immediately preceding acquisition.
  708         (e) If property that was subject to ad valorem taxation was
  709  acquired by a tax-exempt entity for ultimate conveyance to the
  710  state under this chapter, payment in lieu of taxes shall be made
  711  for such property based upon the average amount of ad valorem
  712  taxes paid on the property for the 3 years prior to its being
  713  removed from the tax rolls. The water management districts shall
  714  certify to the Department of Revenue those properties that may
  715  be eligible under this provision. Once eligibility has been
  716  established, that governmental entity shall receive annual
  717  payments for each tax loss until the qualifying governmental
  718  entity exceeds the population threshold pursuant to paragraph
  719  (b) s. 259.032(12)(b).
  720         (f) Payment in lieu of taxes pursuant to this subsection
  721  shall be made annually to qualifying counties and local
  722  governments after certification by the Department of Revenue
  723  that the amounts applied for are reasonably appropriate, based
  724  on the amount of actual ad valorem taxes paid on the eligible
  725  property, and after the water management districts have provided
  726  supporting documents to the Chief Financial Officer and have
  727  requested that payment be made in accordance with the
  728  requirements of this section. With the assistance of the local
  729  government requesting payment in lieu of taxes, the water
  730  management district that acquired the land is responsible for
  731  preparing and submitting application requests for payment to the
  732  Department of Revenue for certification.
  733         (g) If a water management district conveys to a county or
  734  local government title to any land owned by the district, any
  735  payments in lieu of taxes on the land made to the county or
  736  local government shall be discontinued as of the date of the
  737  conveyance.
  738         Section 15. Section 373.5905, Florida Statutes, is amended
  739  to read:
  740         373.5905 Reinstatement Reinstitution of payments in lieu of
  741  taxes; duration.—If a water management district has made a
  742  payment in lieu of taxes to a governmental entity and
  743  subsequently suspended such payment, beginning July 1, 2009, the
  744  water management district shall reinstate reinstitute
  745  appropriate payments and continue the payments for as long as
  746  the county population remains below the population threshold
  747  pursuant to s. 373.59(10)(b). This section does not authorize or
  748  provide for payments in arrears in consecutive years until the
  749  governmental entity has received a total of 10 payments for each
  750  tax loss.
  751         Section 16. Sections 373.465 and 373.466, Florida Statutes,
  752  are repealed.
  753         Section 17. Section 373.185, Florida Statutes, is amended
  754  to read:
  755         373.185 Local Florida-friendly landscaping Xeriscape
  756  ordinances.—
  757         (1) As used in this section, the term:
  758         (a) “Local government” means any county or municipality of
  759  the state.
  760         (b) “Xeriscape” or “Florida-friendly landscaping landscape”
  761  means quality landscapes that conserve water, and protect the
  762  environment, and are adaptable to local conditions, and which
  763  are drought tolerant. The principles of such landscaping
  764  Xeriscape include planting the right plant in the right place,
  765  efficient watering, appropriate fertilization, mulching,
  766  attraction of wildlife, responsible management of yard pests,
  767  recycling yard waste, reduction of stormwater runoff, and
  768  waterfront protection. Additional components include practices
  769  such as landscape planning and design, appropriate choice of
  770  plants, soil analysis, which may include the appropriate use of
  771  solid waste compost, minimizing the use of efficient irrigation,
  772  practical use of turf, appropriate use of mulches, and proper
  773  maintenance.
  774         (2) Each water management district shall design and
  775  implement an incentive program to encourage all local
  776  governments within its district to adopt new ordinances or amend
  777  existing ordinances to require Florida-friendly Xeriscape
  778  landscaping for development permitted after the effective date
  779  of the new ordinance or amendment. Each district shall adopt
  780  rules governing the implementation of its incentive program and
  781  governing the review and approval of local government Xeriscape
  782  ordinances or amendments which are intended to qualify a local
  783  government for the incentive program. Each district shall assist
  784  the local governments within its jurisdiction by providing a
  785  model Florida-friendly landscaping ordinance Xeriscape code and
  786  other technical assistance. Each district may develop its own
  787  model or use a model contained in the “Florida-Friendly
  788  Landscape Guidance Models for Ordinances, Covenants, and
  789  Restrictions” manual developed by the department. To qualify for
  790  a district’s incentive program, a local government Xeriscape
  791  ordinance or amendment, in order to qualify the local government
  792  for a district’s incentive program, must include, at a minimum:
  793         (a) Landscape design, installation, and maintenance
  794  standards that result in water conservation and water quality
  795  protection or restoration. Such standards must shall address the
  796  use of plant groupings, soil analysis including the promotion of
  797  the use of solid waste compost, efficient irrigation systems,
  798  and other water-conserving practices.
  799         (b) Identification of prohibited invasive exotic plant
  800  species consistent with s. 581.091.
  801         (c) Identification of controlled plant species, accompanied
  802  by the conditions under which such plants may be used.
  803         (d) A provision specifying the maximum percentage of
  804  irrigated turf and the maximum percentage of impervious surfaces
  805  allowed in a Florida-friendly landscaped xeriscaped area and
  806  addressing the practical selection and installation of turf.
  807         (e) Specific standards for land clearing and requirements
  808  for the preservation of existing native vegetation.
  809         (f) A monitoring program for ordinance implementation and
  810  compliance.
  811         (3) Each water management district shall also The districts
  812  also shall work with the department, local governments, county
  813  extension agents or offices, nursery and landscape industry
  814  groups, and other interested stakeholders to promote, through
  815  educational programs, and publications, and other district
  816  activities authorized under this chapter, the use of Florida
  817  friendly landscaping Xeriscape practices, including the use of
  818  solid waste compost, in existing residential and commercial
  819  development. In conducting these activities, each district shall
  820  use the materials developed by the department, the Institute of
  821  Food and Agricultural Sciences at the University of Florida, and
  822  the Center for Landscape Conservation and Ecology Florida
  823  Friendly Landscaping program, including, but not limited to, the
  824  Florida Yards and Neighborhoods Program for homeowners, the
  825  Florida Yards and Neighborhoods Builder Developer Program for
  826  developers, and the Green Industries Best Management Practices
  827  Program for landscaping professionals. Each district may develop
  828  supplemental materials as appropriate to address the physical
  829  and natural characteristics of the district. The districts shall
  830  coordinate with the department and the Institute of Food and
  831  Agricultural Sciences at the University of Florida if revisions
  832  to the educational materials are needed. This section may not be
  833  construed to limit the authority of the districts to require
  834  Xeriscape ordinances or practices as a condition of any
  835  consumptive use permit.
  836         (a) The Legislature finds that the use of Florida-friendly
  837  landscaping and other water use and pollution prevention
  838  measures to conserve or protect the state’s water resources
  839  serves a compelling public interest and that the participation
  840  of homeowners’ associations and local governments is essential
  841  to state’s efforts in water conservation and water quality
  842  protection and restoration.
  843         (b)(3) A deed restriction or covenant entered after October
  844  1, 2001, or local government ordinance may not prohibit or be
  845  enforced so as to prohibit any property owner from implementing
  846  Xeriscape or Florida-friendly landscaping landscape on his or
  847  her land or create any requirement or limitation in conflict
  848  with any provision of part II of this chapter or a water
  849  shortage order, other order, consumptive use permit, or rule
  850  adopted or issued pursuant to part II of this chapter.
  851         (c) A local government ordinance may not prohibit or be
  852  enforced so as to prohibit any property owner from implementing
  853  Florida-friendly landscaping on his or her land.
  854         (4) This section does not limit the authority of the
  855  department or the water management districts to require Florida
  856  friendly landscaping ordinances or practices as a condition of
  857  any permit issued under this chapter.
  858         Section 18. Section 373.187, Florida Statutes, is created
  859  to read:
  860         373.187 Water management district implementation of
  861  Florida-friendly landscaping.—Each water management district
  862  shall use Florida-friendly landscaping, as defined in s.
  863  373.185, on public property associated with buildings and
  864  facilities owned by the district and constructed after June 30,
  865  2009. Each district shall also develop a 5-year program for
  866  phasing in the use of Florida-friendly landscaping on public
  867  property associated with buildings or facilities owned by the
  868  district and constructed before July 1, 2009.
  869         Section 19. Section 373.228, Florida Statutes, is amended
  870  to read:
  871         373.228 Landscape irrigation design.—
  872         (1) The Legislature finds that multiple areas throughout
  873  the state have been identified by water management districts as
  874  water resource caution areas, which indicates that in the near
  875  future water demand in those areas will exceed the current
  876  available water supply and that conservation is one of the
  877  mechanisms by which future water demand will be met.
  878         (2) The Legislature finds that landscape irrigation
  879  comprises a significant portion of water use and that the
  880  current typical landscape irrigation systems system and Florida
  881  friendly landscaping xeriscape designs offer significant
  882  potential water conservation benefits.
  883         (3) It is the intent of the Legislature to improve
  884  landscape irrigation water use efficiency by ensuring that
  885  landscape irrigation systems meet or exceed minimum design
  886  criteria.
  887         (4) The water management districts shall work with the
  888  Florida Nursery, Nurserymen and Growers and Landscape
  889  Association, the Florida Native Plant Society, the Florida
  890  Chapter of the American Society of Landscape Architects, the
  891  Florida Irrigation Society, the Department of Agriculture and
  892  Consumer Services, the Institute of Food and Agricultural
  893  Sciences, the Department of Environmental Protection, the
  894  Department of Transportation, the Florida League of Cities, the
  895  Florida Association of Counties, and the Florida Association of
  896  Community Developers to develop landscape irrigation and
  897  Florida-friendly landscaping xeriscape design standards for new
  898  construction which incorporate a landscape irrigation system and
  899  develop scientifically based model guidelines for urban,
  900  commercial, and residential landscape irrigation, including drip
  901  irrigation, for plants, trees, sod, and other landscaping. The
  902  landscape and irrigation design standards shall be based on the
  903  irrigation code defined in the Florida Building Code, Plumbing
  904  Volume, Appendix F. Local governments shall use the standards
  905  and guidelines when developing landscape irrigation and Florida
  906  friendly landscaping xeriscape ordinances. By January 1, 2011,
  907  the agencies and entities specified in this subsection shall
  908  review the standards and guidelines to determine whether new
  909  research findings require a change or modification of the
  910  standards and guidelines.
  911         (5) In evaluating water use applications from public water
  912  suppliers, water management districts shall consider whether the
  913  applicable local government has adopted ordinances for
  914  landscaping and irrigation systems consistent with the Florida
  915  friendly landscaping provisions of s. 373.185.
  916         Section 20. Subsection (8) of section 373.333, Florida
  917  Statutes, is amended to read:
  918         373.333 Disciplinary guidelines; adoption and enforcement;
  919  license suspension or revocation.—
  920         (8) The water management district may impose through an
  921  order an administrative fine not to exceed $5,000 per occurrence
  922  against an unlicensed person if when it determines that the
  923  unlicensed person has engaged in the practice of water well
  924  contracting, for which a license is required.
  925         Section 21. Section 125.568, Florida Statutes, is amended
  926  to read:
  927         125.568 Conservation of water; Florida-friendly landscaping
  928  Xeriscape.—
  929         (1)(a) The Legislature finds that Florida-friendly
  930  landscaping Xeriscape contributes to the conservation,
  931  protection, and restoration of water. In an effort to meet the
  932  water needs of this state in a manner that will supply adequate
  933  and dependable supplies of water where needed, it is the intent
  934  of the Legislature that Florida-friendly landscaping Xeriscape
  935  be an essential part of water conservation and water quality
  936  protection and restoration planning.
  937         (b) As used in this section, “Xeriscape” or “Florida
  938  friendly landscaping” has the same meaning as in s. 373.185
  939  landscape” means quality landscapes that conserve water and
  940  protect the environment and are adaptable to local conditions
  941  and which are drought tolerant. The principles of Xeriscape
  942  include planning and design, appropriate choice of plants, soil
  943  analysis which may include the use of solid waste compost,
  944  practical use of turf, efficient irrigation, appropriate use of
  945  mulches, and proper maintenance.
  946         (2) The board of county commissioners of each county shall
  947  consider enacting ordinances, consistent with s. 373.185,
  948  requiring the use of Florida-friendly landscaping Xeriscape as a
  949  water conservation or water quality protection or restoration
  950  measure. If the board determines that such landscaping Xeriscape
  951  would be of significant benefit as a water conservation or water
  952  quality protection or restoration measure, especially for waters
  953  designated as impaired pursuant to s. 403.067, relative to the
  954  cost to implement Florida-friendly Xeriscape landscaping in its
  955  area of jurisdiction, the board shall enact a Florida-friendly
  956  landscaping Xeriscape ordinance. Further, the board of county
  957  commissioners shall consider promoting Florida-friendly
  958  landscaping Xeriscape as a water conservation or water quality
  959  protection or restoration measure by: using such landscaping
  960  Xeriscape in any, around, or near facilities, parks, and other
  961  common areas under its jurisdiction which are landscaped after
  962  the effective date of this act; providing public education on
  963  Florida-friendly landscaping Xeriscape, its uses in increasing
  964  as a water conservation and water quality protection or
  965  restoration tool, and its long-term cost-effectiveness; and
  966  offering incentives to local residents and businesses to
  967  implement Florida-friendly Xeriscape landscaping.
  968         (3)(a) The Legislature finds that the use of Florida
  969  friendly landscaping and other water use and pollution
  970  prevention measures to conserve or protect the state’s water
  971  resources serves a compelling public interest and that the
  972  participation of homeowners’ associations and local governments
  973  is essential to the state’s efforts in water conservation and
  974  water quality protection and restoration.
  975         (b) A deed restriction or covenant entered after October 1,
  976  2001, or local government ordinance may not prohibit or be
  977  enforced so as to prohibit any property owner from implementing
  978  Xeriscape or Florida-friendly landscaping landscape on his or
  979  her land or create any requirement or limitation in conflict
  980  with any provision of part II of chapter 373 or a water shortage
  981  order, other order, consumptive use permit, or rule adopted or
  982  issued pursuant to part II of chapter 373.
  983         (c) A local government ordinance may not prohibit or be
  984  enforced so as to prohibit any property owner from implementing
  985  Florida-friendly landscaping on his or her land.
  986         Section 22. Section 166.048, Florida Statutes, is amended
  987  to read:
  988         166.048 Conservation of water; Florida-friendly landscaping
  989  Xeriscape.—
  990         (1)(a) The Legislature finds that Florida-friendly
  991  landscaping Xeriscape contributes to the conservation,
  992  protection, and restoration of water. In an effort to meet the
  993  water needs of this state in a manner that will supply adequate
  994  and dependable supplies of water where needed, it is the intent
  995  of the Legislature that Florida-friendly landscaping Xeriscape
  996  be an essential part of water conservation and water quality
  997  protection and restoration planning.
  998         (b) As used in this section, “Xeriscape” or “Florida
  999  friendly landscaping” has the same meaning as in s. 373.185
 1000  landscape” means quality landscapes that conserve water and
 1001  protect the environment and are adaptable to local conditions
 1002  and which are drought tolerant. The principles of Xeriscape
 1003  include planning and design, appropriate choice of plants, soil
 1004  analysis which may include the use of solid waste compost,
 1005  practical use of turf, efficient irrigation, appropriate use of
 1006  mulches, and proper maintenance.
 1007         (2) The governing body of each municipality shall consider
 1008  enacting ordinances, consistent with s. 373.185, requiring the
 1009  use of Florida-friendly landscaping Xeriscape as a water
 1010  conservation or water quality protection or restoration measure.
 1011  If the governing body determines that such landscaping Xeriscape
 1012  would be of significant benefit as a water conservation or water
 1013  quality protection or restoration measure, especially for waters
 1014  designated as impaired pursuant to s. 403.067, relative to the
 1015  cost to implement Florida-friendly Xeriscape landscaping in its
 1016  area of jurisdiction in the municipality, the governing body
 1017  board shall enact a Florida-friendly landscaping Xeriscape
 1018  ordinance. Further, the governing body shall consider promoting
 1019  Florida-friendly landscaping Xeriscape as a water conservation
 1020  or water quality protection or restoration measure by: using
 1021  such landscaping Xeriscape in any, around, or near facilities,
 1022  parks, and other common areas under its jurisdiction which are
 1023  landscaped after the effective date of this act; providing
 1024  public education on Florida-friendly landscaping Xeriscape, its
 1025  uses in increasing as a water conservation and water quality
 1026  protection or restoration tool, and its long-term cost
 1027  effectiveness; and offering incentives to local residents and
 1028  businesses to implement Florida-friendly Xeriscape landscaping.
 1029         (3)(a) The Legislature finds that the use of Florida
 1030  friendly landscaping and other water use and pollution
 1031  prevention measures to conserve or protect the state’s water
 1032  resources serves a compelling public interest and that the
 1033  participation of homeowners’ associations and local governments
 1034  is essential to the state’s efforts in water conservation and
 1035  water quality protection and restoration.
 1036         (b) A deed restriction or covenant entered after October 1,
 1037  2001, or local government ordinance may not prohibit or be
 1038  enforced so as to prohibit any property owner from implementing
 1039  Xeriscape or Florida-friendly landscaping landscape on his or
 1040  her land or create any requirement or limitation in conflict
 1041  with any provision of part II of chapter 373 or a water shortage
 1042  order, other order, consumptive use permit, or rule adopted or
 1043  issued pursuant to part II of chapter 373.
 1044         (c) A local government ordinance may not prohibit or be
 1045  enforced so as to prohibit any property owner from implementing
 1046  Florida-friendly landscaping on his or her land.
 1047         Section 23. Section 255.259, Florida Statutes, is amended
 1048  to read:
 1049         255.259 Florida-friendly Xeriscape landscaping on public
 1050  property.—
 1051         (1) The Legislature finds that water conservation and water
 1052  quality protection and restoration are is increasingly critical
 1053  to the continuance of an adequate water supply and healthy
 1054  surface and ground waters for the citizens of this state. The
 1055  Legislature further finds that “Florida-friendly landscaping
 1056  Xeriscape,” as defined in s. 373.185, can contribute
 1057  significantly to water the conservation and of water quality
 1058  protection and restoration. Finally, the Legislature finds that
 1059  state government has the responsibility to promote Florida
 1060  friendly landscaping Xeriscape as a water conservation and water
 1061  quality protection and restoration measure by using such
 1062  landscaping Xeriscape on public property associated with
 1063  publicly owned buildings or facilities.
 1064         (2) As used in this section, “publicly owned buildings or
 1065  facilities” means those construction projects under the purview
 1066  of the Department of Management Services. The term It does not
 1067  include environmentally endangered land or roads and highway
 1068  construction under the purview of the Department of
 1069  Transportation.
 1070         (3) The Department of Management Services, in consultation
 1071  with the Department of Environmental Protection, shall adopt
 1072  rules and guidelines for the required use of Florida-friendly
 1073  landscaping Xeriscape on public property associated with
 1074  publicly owned buildings or facilities constructed after June
 1075  30, 2009 1992. The Department of Management Services also shall
 1076  also develop a 5-year program for phasing in the use of Florida
 1077  friendly landscaping Xeriscape on public property associated
 1078  with publicly owned buildings or facilities constructed before
 1079  July 1, 2009 1992. In accomplishing these tasks, the Department
 1080  of Management Services shall take into account the standards
 1081  provided in guidelines set out in s. 373.185(2)(a)-(f). The
 1082  Department of Transportation shall implement Florida-friendly
 1083  Xeriscape landscaping pursuant to s. 335.167.
 1084         (4)(a) The Legislature finds that the use of Florida
 1085  friendly landscaping and other water use and pollution
 1086  prevention measures to conserve or protect the state’s water
 1087  resources serves a compelling public interest and that the
 1088  participation of homeowners’ associations and local governments
 1089  is essential to the state’s efforts in water conservation and
 1090  water quality protection and restoration.
 1091         (b) A deed restriction or covenant entered after October 1,
 1092  2001, or local government ordinance may not prohibit or be
 1093  enforced so as to prohibit any property owner from implementing
 1094  Xeriscape or Florida-friendly landscaping landscape on his or
 1095  her land or create any requirement or limitation in conflict
 1096  with any provision of part II of chapter 373 or a water shortage
 1097  order, other order, consumptive use permit, or rule adopted or
 1098  issued pursuant to part II of chapter 373.
 1099         (c) A local government ordinance may not prohibit or be
 1100  enforced so as to prohibit any property owner from implementing
 1101  Florida-friendly landscaping on his or her land.
 1102         Section 24. Section 335.167, Florida Statutes, is amended
 1103  to read:
 1104         335.167 State highway construction and maintenance;
 1105  Xeriscape or Florida-friendly landscaping.—
 1106         (1) The department shall use and require the use of
 1107  Florida-friendly landscaping Xeriscape practices, as defined in
 1108  s. 373.185(1), in the construction and maintenance of all new
 1109  state highways, wayside parks, access roads, welcome stations,
 1110  and other state highway rights-of-way constructed upon or
 1111  acquired after June 30, 2009 1992. The department shall develop
 1112  a 5-year program for phasing in the use of Florida-friendly
 1113  landscaping Xeriscape, including the use of solid waste compost,
 1114  in state highway rights-of-way constructed upon or acquired
 1115  before July 1, 2009 1992. In accomplishing these tasks, the
 1116  department shall employ the standards guidelines set out in s.
 1117  373.185(2)(a)-(f).
 1118         (2)(a) The Legislature finds that the use of Florida
 1119  friendly landscaping and other water use and pollution
 1120  prevention measures to conserve or protect the state’s water
 1121  resources serves a compelling public interest and that the
 1122  participation of homeowners’ associations and local governments
 1123  is essential to the state’s efforts in water conservation and
 1124  water quality protection and restoration.
 1125         (b) A deed restriction or covenant entered after October 1,
 1126  2001, or local government ordinance may not prohibit or be
 1127  enforced so as to prohibit any property owner from implementing
 1128  Xeriscape or Florida-friendly landscaping landscape on his or
 1129  her land or create any requirement or limitation in conflict
 1130  with any provision of part II of chapter 373 or a water shortage
 1131  order, other order, consumptive use permit, or rule adopted or
 1132  issued pursuant to part II of chapter 373.
 1133         (c) A local government ordinance may not prohibit or be
 1134  enforced so as to prohibit any property owner from implementing
 1135  Florida-friendly landscaping on his or her land.
 1136         Section 25. Paragraph (a) of subsection (3) of section
 1137  380.061, Florida Statutes, is amended to read:
 1138         380.061 The Florida Quality Developments program.—
 1139         (3)(a) To be eligible for designation under this program,
 1140  the developer shall comply with each of the following
 1141  requirements if which is applicable to the site of a qualified
 1142  development:
 1143         1. Donate or enter Have donated or entered into a binding
 1144  commitment to donate the fee or a lesser interest sufficient to
 1145  protect, in perpetuity, the natural attributes of the types of
 1146  land listed below. In lieu of this the above requirement, the
 1147  developer may enter into a binding commitment that which runs
 1148  with the land to set aside such areas on the property, in
 1149  perpetuity, as open space to be retained in a natural condition
 1150  or as otherwise permitted under this subparagraph. Under the
 1151  requirements of this subparagraph, the developer may reserve the
 1152  right to use such areas for the purpose of passive recreation
 1153  that is consistent with the purposes for which the land was
 1154  preserved.
 1155         a. Those wetlands and water bodies throughout the state
 1156  which as would be delineated if the provisions of s.
 1157  373.4145(1)(b) were applied. The developer may use such areas
 1158  for the purpose of site access, provided other routes of access
 1159  are unavailable or impracticable; may use such areas for the
 1160  purpose of stormwater or domestic sewage management and other
 1161  necessary utilities if to the extent that such uses are
 1162  permitted pursuant to chapter 403; or may redesign or alter
 1163  wetlands and water bodies within the jurisdiction of the
 1164  Department of Environmental Protection which have been
 1165  artificially created, if the redesign or alteration is done so
 1166  as to produce a more naturally functioning system.
 1167         b. Active beach or primary and, where appropriate,
 1168  secondary dunes, to maintain the integrity of the dune system
 1169  and adequate public accessways to the beach. However, the
 1170  developer may retain the right to construct and maintain
 1171  elevated walkways over the dunes to provide access to the beach.
 1172         c. Known archaeological sites determined to be of
 1173  significance by the Division of Historical Resources of the
 1174  Department of State.
 1175         d. Areas known to be important to animal species designated
 1176  as endangered or threatened animal species by the United States
 1177  Fish and Wildlife Service or by the Fish and Wildlife
 1178  Conservation Commission, for reproduction, feeding, or nesting;
 1179  for traveling between such areas used for reproduction, feeding,
 1180  or nesting; or for escape from predation.
 1181         e. Areas known to contain plant species designated as
 1182  endangered plant species by the Department of Agriculture and
 1183  Consumer Services.
 1184         2. Produce, or dispose of, no substances designated as
 1185  hazardous or toxic substances by the United States Environmental
 1186  Protection Agency, or by the Department of Environmental
 1187  Protection, or the Department of Agriculture and Consumer
 1188  Services. This subparagraph does is not intended to apply to the
 1189  production of these substances in nonsignificant amounts as
 1190  would occur through household use or incidental use by
 1191  businesses.
 1192         3. Participate in a downtown reuse or redevelopment program
 1193  to improve and rehabilitate a declining downtown area.
 1194         4. Incorporate no dredge and fill activities in, and no
 1195  stormwater discharge into, waters designated as Class II,
 1196  aquatic preserves, or Outstanding Florida Waters, except as
 1197  activities in those waters are permitted pursuant to s.
 1198  403.813(2), and the developer demonstrates that those activities
 1199  meet the standards under Class II waters, Outstanding Florida
 1200  Waters, or aquatic preserves, as applicable.
 1201         5. Include open space, recreation areas, Florida-friendly
 1202  landscaping Xeriscape as defined in s. 373.185, and energy
 1203  conservation and minimize impermeable surfaces as appropriate to
 1204  the location and type of project.
 1205         6. Provide for construction and maintenance of all onsite
 1206  infrastructure necessary to support the project and enter into a
 1207  binding commitment with local government to provide an
 1208  appropriate fair-share contribution toward the offsite impacts
 1209  that which the development will impose on publicly funded
 1210  facilities and services, except offsite transportation, and
 1211  condition or phase the commencement of development to ensure
 1212  that public facilities and services, except offsite
 1213  transportation, are will be available concurrent with the
 1214  impacts of the development. For the purposes of offsite
 1215  transportation impacts, the developer shall comply, at a
 1216  minimum, with the standards of the state land planning agency’s
 1217  development-of-regional-impact transportation rule, the approved
 1218  strategic regional policy plan, any applicable regional planning
 1219  council transportation rule, and the approved local government
 1220  comprehensive plan and land development regulations adopted
 1221  pursuant to part II of chapter 163.
 1222         7. Design and construct the development in a manner that is
 1223  consistent with the adopted state plan, the applicable strategic
 1224  regional policy plan, and the applicable adopted local
 1225  government comprehensive plan.
 1226         Section 26. Subsection (3) of section 388.291, Florida
 1227  Statutes, is amended to read:
 1228         388.291 Source reduction measures; supervision by
 1229  department.—
 1230         (3) Property owners in a developed residential area shall
 1231  are required to maintain their property in such a manner that
 1232  does so as not to create or maintain any standing freshwater
 1233  condition capable of breeding mosquitoes or other arthropods in
 1234  significant numbers so as to constitute a public health,
 1235  welfare, or nuisance problem. Nothing in This subsection does
 1236  not authorize shall permit the alteration of permitted
 1237  stormwater management systems or prohibit maintained fish ponds,
 1238  Florida-friendly landscaping xeriscaping, or other maintained
 1239  systems of landscaping or vegetation. If such a condition is
 1240  found to exist, the local arthropod control agency shall serve
 1241  notice on the property owner to treat, remove, or abate the
 1242  condition. Such notice is shall serve as prima facie evidence of
 1243  maintaining a nuisance, and upon failure of the property owner
 1244  to treat, remove, or abate the condition, the local arthropod
 1245  control agency or any affected citizen may proceed pursuant to
 1246  s. 60.05 to enjoin the nuisance and may recover costs and
 1247  attorney’s fees if they prevail in the action.
 1248         Section 27. Subsection (6) of section 481.303, Florida
 1249  Statutes, is amended to read:
 1250         481.303 Definitions.—As used in this chapter:
 1251         (6) “Landscape architecture” means professional services,
 1252  including, but not limited to, the following:
 1253         (a) Consultation, investigation, research, planning,
 1254  design, preparation of drawings, specifications, contract
 1255  documents and reports, responsible construction supervision, or
 1256  landscape management in connection with the planning and
 1257  development of land and incidental water areas, including the
 1258  use of Florida-friendly landscaping Xeriscape as defined in s.
 1259  373.185, where, and to the extent that, the dominant purpose of
 1260  such services or creative works is the preservation,
 1261  conservation, enhancement, or determination of proper land uses,
 1262  natural land features, ground cover and plantings, or
 1263  naturalistic and aesthetic values;
 1264         (b) The determination of settings, grounds, and approaches
 1265  for and the siting of buildings and structures, outdoor areas,
 1266  or other improvements;
 1267         (c) The setting of grades, shaping and contouring of land
 1268  and water forms, determination of drainage, and provision for
 1269  storm drainage and irrigation systems where such systems are
 1270  necessary to the purposes outlined herein; and
 1271         (d) The design of such tangible objects and features as are
 1272  necessary to the purpose outlined herein.
 1273         Section 28. Subsection (4) of section 720.3075, Florida
 1274  Statutes, is amended to read:
 1275         720.3075 Prohibited clauses in association documents.—
 1276         (4)(a) The Legislature finds that the use of Florida
 1277  friendly landscaping and other water use and pollution
 1278  prevention measures to conserve or protect the state’s water
 1279  resources serves a compelling public interest and that the
 1280  participation of homeowners’ associations and local governments
 1281  is essential to the state’s efforts in water conservation and
 1282  water quality protection and restoration.
 1283         (b) Homeowners’ association documents, including
 1284  declarations of covenants, articles of incorporation, or bylaws,
 1285  entered after October 1, 2001, may not prohibit or be enforced
 1286  so as to prohibit any property owner from implementing Xeriscape
 1287  or Florida-friendly landscaping landscape, as defined in s.
 1288  373.185(1), on his or her land or create any requirement or
 1289  limitation in conflict with any provision of part II of chapter
 1290  373 or a water shortage order, other order, consumptive use
 1291  permit, or rule adopted or issued pursuant to part II of chapter
 1292  373.
 1293         Section 29. This act shall take effect July 1, 2009.