CS/CS/HB 593

1
A bill to be entitled
2An act relating to water resources; amending s. 373.185,
3F.S.; revising the definition of Florida-friendly
4landscaping; deleting references to "xeriscape"; requiring
5water management districts to provide model Florida-
6friendly landscaping ordinances to local governments;
7revising eligibility criteria for certain water management
8district incentive programs; requiring certain local
9government ordinances and amendments to include certain
10design standards and identify specified invasive exotic
11plant species; requiring water management districts to
12consult with additional entities for activities relating
13to Florida-friendly landscaping practices; specifying
14programs for the delivery of educational programs relating
15to such practices; providing legislative findings;
16providing that certain regulations prohibiting the
17implementation of Florida-friendly landscaping or
18conflicting with provisions governing the permitting of
19consumptive uses of water are prohibited; providing
20construction; creating s. 373.187, F.S.; requiring water
21management districts to implement Florida-friendly
22landscaping practices on specified properties; requiring
23districts to develop specified programs for implementing
24such practices; amending s. 373.228, F.S.; requiring water
25management districts to consider certain information in
26evaluating water use applications from public water
27suppliers; conforming provisions to changes made by the
28act; amending s. 373.323, F.S.; revising application
29requirements for water well contractor licensure;
30requiring applicants to provide specified documentation;
31amending s. 373.333, F.S.; authorizing an administrative
32fine to be imposed for each occurrence of unlicensed well
33water contracting; amending ss. 125.568, 166.048, 255.259,
34335.167, 380.061, 388.291, 481.303, and 720.3075, F.S.;
35conforming provisions to changes made by the act; revising
36provisions requiring the use of Florida-friendly
37landscaping for specified public properties and highway
38construction and maintenance projects; providing an
39effective date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  Section 373.185, Florida Statutes, is amended
44to read:
45     373.185  Local Florida-friendly landscaping Xeriscape
46ordinances.--
47     (1)  As used in this section, the term:
48     (a)  "Local government" means any county or municipality of
49the state.
50     (b)  "Xeriscape" or "Florida-friendly landscaping
51landscape" means quality landscapes that conserve water, and
52protect the environment, and are adaptable to local conditions,
53and which are drought tolerant. The principles of Florida-
54friendly landscaping Xeriscape include planting the right plant
55in the right place, efficient watering, appropriate
56fertilization, mulching, attraction of wildlife, responsible
57management of yard pests, recycling yard waste, reduction of
58stormwater runoff, and waterfront protection. The principles of
59Florida-friendly landscaping include practices such as landscape
60planning and design, appropriate choice of plants, soil
61analysis, which may include the appropriate use of solid waste
62compost, minimizing the use of efficient irrigation, practical
63use of turf, appropriate use of mulches, and proper maintenance.
64     (2)  Each water management district shall design and
65implement an incentive program to encourage all local
66governments within its district to adopt new ordinances or amend
67existing ordinances to require Florida-friendly Xeriscape
68landscaping for development permitted after the effective date
69of the new ordinance or amendment. Each district shall adopt
70rules governing the implementation of its incentive program and
71governing the review and approval of local government Xeriscape
72ordinances or amendments which are intended to qualify a local
73government for the incentive program. Each district shall assist
74the local governments within its jurisdiction by providing a
75model Florida-friendly landscaping ordinance Xeriscape code and
76other technical assistance. Each district may develop its own
77model or use a model contained in the "Florida-Friendly
78Landscape Guidance Models for Ordinances, Covenants, and
79Restrictions" manual developed by the Department of
80Environmental Protection. A local government Florida-friendly
81landscaping Xeriscape ordinance or amendment, in order to
82qualify the local government for a district's incentive program,
83must include, at a minimum:
84     (a)  Landscape design, installation, and maintenance
85standards that result in water conservation and water quality
86protection or restoration. Such standards shall address the use
87of plant groupings, soil analysis including the promotion of the
88use of solid waste compost, efficient irrigation systems, and
89other water-conserving practices.
90     (b)  Identification of prohibited invasive exotic plant
91species consistent with the provisions of s. 581.091.
92     (c)  Identification of controlled plant species,
93accompanied by the conditions under which such plants may be
94used.
95     (d)  A provision specifying the maximum percentage of
96irrigated turf and the maximum percentage of impervious surfaces
97allowed in a Florida-friendly landscaped xeriscaped area and
98addressing the practical selection and installation of turf.
99     (e)  Specific standards for land clearing and requirements
100for the preservation of existing native vegetation.
101     (f)  A monitoring program for ordinance implementation and
102compliance.
103
104In addition to developing and implementing an incentive program,
105each district The districts also shall work with local
106governments, the Department of Environmental Protection, county
107extension agents or offices, nursery and landscape industry
108groups, and other interested stakeholders to promote, through
109educational programs, and publications, and other activities of
110the district authorized under this chapter, the use of Florida-
111friendly landscaping Xeriscape practices, including the use of
112solid waste compost, in existing residential and commercial
113development. In these activities, each district shall use the
114materials developed by the department, the Institute of Food and
115Agricultural Sciences at the University of Florida, and the
116Center for Landscape Conservation and Ecology Florida-friendly
117landscaping program, including, but not limited to, the Florida
118Yards and Neighborhoods Program for homeowners, the Florida
119Yards and Neighborhoods Builder Developer Program for
120developers, and the Green Industries Best Management Practices
121Program for landscaping professionals. Each district may develop
122supplemental materials as appropriate to address the physical
123and natural characteristics of the district. The districts shall
124coordinate with the department and the Institute of Food and
125Agricultural Sciences at the University of Florida if revisions
126to the educational materials of the department or university are
127needed. This section may not be construed to limit the authority
128of the districts to require Xeriscape ordinances or practices as
129a condition of any consumptive use permit.
130     (3)(a)  The Legislature finds that the use of Florida-
131friendly landscaping and other water use and pollution
132prevention measures that conserve or protect the state's water
133resources serves a compelling public interest and that the
134participation of homeowners' associations and local governments
135is essential to state water conservation and water quality
136protection and restoration efforts.
137     (b)  A deed restriction or covenant entered after October
1381, 2001, or local government ordinance may not prohibit or be
139enforced to prohibit any property owner from implementing
140Xeriscape or Florida-friendly landscaping landscape on his or
141her land or create any requirement or limitation in conflict
142with any provision of part II of this chapter or a water
143shortage order, other order, consumptive use permit, or rule
144adopted or issued pursuant to part II of this chapter.
145     (c)  A local government ordinance may not prohibit or be
146enforced to prohibit any property owner from implementing
147Florida-friendly landscaping on his or her land.
148     (4)  This section may not be construed to limit the
149authority of the department or the districts to require Florida-
150friendly landscaping ordinances or practices as a condition of
151any permit under this chapter.
152     Section 2.  Section 373.187, Florida Statutes, is created
153to read:
154     373.187  Water management district implementation of
155Florida-friendly landscaping.--Each water management district
156shall use Florida-friendly landscaping, as defined in s.
157373.185, on public property associated with buildings and
158facilities owned by the water management district and
159constructed after June 30, 2009. Each water management district
160shall also develop a 5-year program for phasing in the use of
161Florida-friendly landscaping on public property associated with
162buildings or facilities owned by the water management district
163and constructed before July 1, 2009.
164     Section 3.  Section 373.228, Florida Statutes, is amended
165to read:
166     373.228  Landscape irrigation design.--
167     (1)  The Legislature finds that multiple areas throughout
168the state have been identified by water management districts as
169water resource caution areas, which indicates that in the near
170future water demand in those areas will exceed the current
171available water supply and that conservation is one of the
172mechanisms by which future water demand will be met.
173     (2)  The Legislature finds that landscape irrigation
174comprises a significant portion of water use and that the
175current typical landscape irrigation system and Florida-friendly
176landscaping xeriscape designs offer significant potential water
177conservation benefits.
178     (3)  It is the intent of the Legislature to improve
179landscape irrigation water use efficiency by ensuring that
180landscape irrigation systems meet or exceed minimum design
181criteria.
182     (4)  The water management districts shall work with the
183Florida Nursery Nurserymen and Growers and Landscape
184Association, the Florida Native Plant Society, the Florida
185Chapter of the American Society of Landscape Architects, the
186Florida Irrigation Society, the Department of Agriculture and
187Consumer Services, the Institute of Food and Agricultural
188Sciences, the Department of Environmental Protection, the
189Department of Transportation, the Florida League of Cities, the
190Florida Association of Counties, and the Florida Association of
191Community Developers to develop landscape irrigation and
192Florida-friendly landscaping xeriscape design standards for new
193construction which incorporate a landscape irrigation system and
194develop scientifically based model guidelines for urban,
195commercial, and residential landscape irrigation, including drip
196irrigation, for plants, trees, sod, and other landscaping. The
197landscape and irrigation design standards shall be based on the
198irrigation code defined in the Florida Building Code, Plumbing
199Volume, Appendix F. Local governments shall use the standards
200and guidelines when developing landscape irrigation and Florida-
201friendly landscaping xeriscape ordinances. By January 1, 2011,
202the agencies and entities specified in this subsection shall
203review the standards and guidelines to determine whether new
204research findings require a change or modification of the
205standards and guidelines.
206     (5)  In evaluating water use applications from public water
207suppliers, water management districts shall consider whether the
208applicable local government has adopted ordinances for
209landscaping and irrigation systems consistent with the Florida-
210friendly landscaping provisions of s. 373.185.
211     Section 4.  Subsection (3) of section 373.323, Florida
212Statutes, is amended to read:
213     373.323  Licensure of water well contractors; application,
214qualifications, and examinations; equipment identification.--
215     (3)  An applicant who meets the following requirements
216shall be entitled to take the water well contractor licensure
217examination 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,
220repairing, or abandoning water wells. Satisfactory proof of such
221experience shall be demonstrated by providing:
222     1.  Evidence of the length of time the applicant has been
223engaged in the business of the construction, repair, or
224abandonment of water wells as a major activity, as attested to
225by 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
230agency.
231     2.  A list of at least 10 water wells that the applicant
232has constructed, repaired, or abandoned within the preceding 5
233years. Of these wells, at least seven must have been
234constructed, as defined in s. 373.303(2), by the applicant. The
235list shall also include:
236     a.  The name and address of the owner or owners of each
237well.
238     b.  The location, primary use, and approximate depth and
239diameter of each well the applicant has constructed, repaired,
240or abandoned.
241     c.  The approximate date the construction, repair, or
242abandonment of each well was completed.
243     (c)  Has completed the application form and remitted a
244nonrefundable application fee.
245     Section 5.  Subsection (8) of section 373.333, Florida
246Statutes, is amended to read:
247     373.333  Disciplinary guidelines; adoption and enforcement;
248license suspension or revocation.--
249     (8)  The water management district may impose through an
250order an administrative fine not to exceed $5,000 per occurrence
251against an unlicensed person if when it determines that the
252unlicensed person has engaged in the practice of water well
253contracting, for which a license is required.
254     Section 6.  Section 125.568, Florida Statutes, is amended
255to read:
256     125.568  Conservation of water; Florida-friendly
257landscaping Xeriscape.--
258     (1)(a)  The Legislature finds that Florida-friendly
259landscaping Xeriscape contributes to the conservation,
260protection, and restoration of water. In an effort to meet the
261water needs of this state in a manner that will supply adequate
262and dependable supplies of water where needed, it is the intent
263of the Legislature that Florida-friendly landscaping Xeriscape
264be an essential part of water conservation and water quality
265protection and restoration planning.
266     (b)  As used in this section, "Xeriscape" or "Florida-
267friendly landscaping" has the same meaning as in s. 373.185
268landscape" means quality landscapes that conserve water and
269protect the environment and are adaptable to local conditions
270and which are drought tolerant. The principles of Xeriscape
271include planning and design, appropriate choice of plants, soil
272analysis which may include the use of solid waste compost,
273practical use of turf, efficient irrigation, appropriate use of
274mulches, and proper maintenance.
275     (2)  The board of county commissioners of each county shall
276consider enacting ordinances, consistent with the provisions of
277s. 373.185, requiring the use of Florida-friendly landscaping
278Xeriscape as a water conservation or water quality protection or
279restoration measure. If the board determines that Florida-
280friendly landscaping Xeriscape would be of significant benefit
281as a water conservation or water quality protection or
282restoration measure, especially for waters designated as
283impaired pursuant to s. 403.067, relative to the cost to
284implement Florida-friendly Xeriscape landscaping in its area of
285jurisdiction, the board shall enact a Florida-friendly
286landscaping Xeriscape ordinance. Further, the board of county
287commissioners shall consider promoting Florida-friendly
288landscaping Xeriscape as a water conservation or water quality
289protection or restoration measure by: using Florida-friendly
290landscaping Xeriscape in any, around, or near facilities, parks,
291and other common areas under its jurisdiction that which are
292landscaped after the effective date of this act; providing
293public education on Florida-friendly landscaping Xeriscape, its
294uses in increasing as a water conservation and water quality
295protection or restoration tool, and its long-term cost-
296effectiveness; and offering incentives to local residents and
297businesses to implement Florida-friendly Xeriscape landscaping.
298     (3)(a)  The Legislature finds that the use of Florida-
299friendly landscaping and other water use and pollution
300prevention measures that conserve or protect the state's water
301resources serves a compelling public interest and that the
302participation of homeowners' associations and local governments
303is essential to state water conservation and water quality
304protection and restoration efforts.
305     (b)  A deed restriction or covenant entered after October
3061, 2001, or local government ordinance may not prohibit or be
307enforced to prohibit any property owner from implementing
308Xeriscape or Florida-friendly landscaping landscape on his or
309her land or create any requirement or limitation in conflict
310with any provision of part II of chapter 373 or a water shortage
311order, other order, consumptive use permit, or rule adopted or
312issued pursuant to part II of chapter 373.
313     (c)  A local government ordinance may not prohibit or be
314enforced to prohibit any property owner from implementing
315Florida-friendly landscaping on his or her land.
316     Section 7.  Section 166.048, Florida Statutes, is amended
317to read:
318     166.048  Conservation of water; Florida-friendly
319landscaping Xeriscape.--
320     (1)(a)  The Legislature finds that Florida-friendly
321landscaping Xeriscape contributes to the conservation,
322protection, and restoration of water. In an effort to meet the
323water needs of this state in a manner that will supply adequate
324and dependable supplies of water where needed, it is the intent
325of the Legislature that Florida-friendly landscaping Xeriscape
326be an essential part of water conservation and water quality
327protection and restoration planning.
328     (b)  As used in this section, "Xeriscape" or "Florida-
329friendly landscaping" has the same meaning as in s. 373.185
330landscape" means quality landscapes that conserve water and
331protect the environment and are adaptable to local conditions
332and which are drought tolerant. The principles of Xeriscape
333include planning and design, appropriate choice of plants, soil
334analysis which may include the use of solid waste compost,
335practical use of turf, efficient irrigation, appropriate use of
336mulches, and proper maintenance.
337     (2)  The governing body of each municipality shall consider
338enacting ordinances, consistent with the provisions of s.
339373.185, requiring the use of Florida-friendly landscaping
340Xeriscape as a water conservation or water quality protection or
341restoration measure. If the governing body determines that
342Florida-friendly landscaping Xeriscape would be of significant
343benefit as a water conservation or water quality protection or
344restoration measure, especially for waters designated as
345impaired pursuant to s. 403.067, relative to the cost to
346implement Florida-friendly Xeriscape landscaping in its area of
347jurisdiction in the municipality, the governing body board shall
348enact a Florida-friendly landscaping Xeriscape ordinance.
349Further, the governing body shall consider promoting Florida-
350friendly landscaping Xeriscape as a water conservation or water
351quality protection or restoration measure by: using Florida-
352friendly landscaping Xeriscape in any, around, or near
353facilities, parks, and other common areas under its jurisdiction
354that which are landscaped after the effective date of this act;
355providing public education on Florida-friendly landscaping
356Xeriscape, its uses in increasing as a water conservation and
357water quality protection or restoration tool, and its long-term
358cost-effectiveness; and offering incentives to local residents
359and businesses to implement Florida-friendly Xeriscape
360landscaping.
361     (3)(a)  The Legislature finds that the use of Florida-
362friendly landscaping and other water use and pollution
363prevention measures that conserve or protect the state's water
364resources serves a compelling public interest and that the
365participation of homeowners' associations and local governments
366is essential to state water conservation and water quality
367protection and restoration efforts.
368     (b)  A deed restriction or covenant entered after October
3691, 2001, or local government ordinance may not prohibit or be
370enforced to prohibit any property owner from implementing
371Xeriscape or Florida-friendly landscaping landscape on his or
372her land or create any requirement or limitation in conflict
373with any provision of part II of chapter 373 or a water shortage
374order, other order, consumptive use permit, or rule adopted or
375issued pursuant to part II of chapter 373.
376     (c)  A local government ordinance may not prohibit or be
377enforced to prohibit any property owner from implementing
378Florida-friendly landscaping on his or her land.
379     Section 8.  Section 255.259, Florida Statutes, is amended
380to read:
381     255.259  Florida-friendly Xeriscape landscaping on public
382property.--
383     (1)  The Legislature finds that water conservation and
384water quality protection and restoration are is increasingly
385critical to the continuance of an adequate water supply and
386healthy surface and ground waters for the citizens of this
387state. The Legislature further finds that "Florida-friendly
388landscaping Xeriscape," as defined in s. 373.185, can contribute
389significantly to water the conservation and of water quality
390protection and restoration. Finally, the Legislature finds that
391state government has the responsibility to promote Florida-
392friendly landscaping Xeriscape as a water conservation and water
393quality protection and restoration measure by using Florida-
394friendly landscaping Xeriscape on public property associated
395with publicly owned buildings or facilities.
396     (2)  As used in this section, "publicly owned buildings or
397facilities" means those construction projects under the purview
398of the Department of Management Services. It does not include
399environmentally endangered land or roads and highway
400construction under the purview of the Department of
401Transportation.
402     (3)  The Department of Management Services, in consultation
403with the Department of Environmental Protection, shall adopt
404rules and guidelines for the required use of Florida-friendly
405landscaping Xeriscape on public property associated with
406publicly owned buildings or facilities constructed after June
40730, 2009 1992. The Department of Management Services also shall
408develop a 5-year program for phasing in the use of Florida-
409friendly landscaping Xeriscape on public property associated
410with publicly owned buildings or facilities constructed before
411July 1, 2009 1992. In accomplishing these tasks, the Department
412of Management Services shall take into account the provisions of
413guidelines set out in s. 373.185(2)(a)-(f). The Department of
414Transportation shall implement Florida-friendly Xeriscape
415landscaping pursuant to s. 335.167.
416     (4)(a)  The Legislature finds that the use of Florida-
417friendly landscaping and other water use and pollution
418prevention measures that conserve or protect the state's water
419resources serves a compelling public interest and that the
420participation of homeowners' associations and local governments
421is essential to state water conservation and water quality
422protection and restoration efforts.
423     (b)  A deed restriction or covenant entered after October
4241, 2001, or local government ordinance may not prohibit or be
425enforced to prohibit any property owner from implementing
426Xeriscape or Florida-friendly landscaping landscape on his or
427her land or create any requirement or limitation in conflict
428with any provision of part II of chapter 373 or a water shortage
429order, other order, consumptive use permit, or rule adopted or
430issued pursuant to part II of chapter 373.
431     (c)  A local government ordinance may not prohibit or be
432enforced to prohibit any property owner from implementing
433Florida-friendly landscaping on his or her land.
434     Section 9.  Section 335.167, Florida Statutes, is amended
435to read:
436     335.167  State highway construction and maintenance;
437Xeriscape or Florida-friendly landscaping.--
438     (1)  The department shall use and require the use of
439Florida-friendly landscaping Xeriscape practices, as defined in
440s. 373.185(1), in the construction and maintenance of all new
441state highways, wayside parks, access roads, welcome stations,
442and other state highway rights-of-way constructed upon or
443acquired after June 30, 2009 1992. The department shall develop
444a 5-year program for phasing in the use of Florida-friendly
445landscaping Xeriscape, including the use of solid waste compost,
446in state highway rights-of-way constructed upon or acquired
447before July 1, 2009 1992. In accomplishing these tasks, the
448department shall employ the guidelines set out in s.
449373.185(2)(a)-(f).
450     (2)(a)  The Legislature finds that the use of Florida-
451friendly landscaping and other water use and pollution
452prevention measures that conserve or protect the state's water
453resources serves a compelling public interest and that the
454participation of homeowners' associations and local governments
455is essential to state water conservation and water quality
456protection and restoration efforts.
457     (b)  A deed restriction or covenant entered after October
4581, 2001, or local government ordinance may not prohibit or be
459enforced to prohibit any property owner from implementing
460Xeriscape or Florida-friendly landscaping landscape on his or
461her land or create any requirement or limitation in conflict
462with any provision of part II of chapter 373 or a water shortage
463order, other order, consumptive use permit, or rule adopted or
464issued pursuant to part II of chapter 373.
465     (c)  A local government ordinance may not prohibit or be
466enforced to prohibit any property owner from implementing
467Florida-friendly landscaping on his or her land.
468     Section 10.  Paragraph (a) of subsection (3) of section
469380.061, 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,
472the developer shall comply with each of the following
473requirements which is applicable to the site of a qualified
474development:
475     1.  Have donated or entered into a binding commitment to
476donate the fee or a lesser interest sufficient to protect, in
477perpetuity, the natural attributes of the types of land listed
478below. In lieu of the above requirement, the developer may enter
479into a binding commitment which runs with the land to set aside
480such areas on the property, in perpetuity, as open space to be
481retained in a natural condition or as otherwise permitted under
482this subparagraph. Under the requirements of this subparagraph,
483the developer may reserve the right to use such areas for the
484purpose of passive recreation that is consistent with the
485purposes for which the land was preserved.
486     a.  Those wetlands and water bodies throughout the state as
487would be delineated if the provisions of s. 373.4145(1)(b) were
488applied. The developer may use such areas for the purpose of
489site access, provided other routes of access are unavailable or
490impracticable; may use such areas for the purpose of stormwater
491or domestic sewage management and other necessary utilities to
492the extent that such uses are permitted pursuant to chapter 403;
493or may redesign or alter wetlands and water bodies within the
494jurisdiction of the Department of Environmental Protection which
495have been artificially created, if the redesign or alteration is
496done so as to produce a more naturally functioning system.
497     b.  Active beach or primary and, where appropriate,
498secondary dunes, to maintain the integrity of the dune system
499and adequate public accessways to the beach. However, the
500developer may retain the right to construct and maintain
501elevated walkways over the dunes to provide access to the beach.
502     c.  Known archaeological sites determined to be of
503significance by the Division of Historical Resources of the
504Department of State.
505     d.  Areas known to be important to animal species
506designated as endangered or threatened animal species by the
507United States Fish and Wildlife Service or by the Fish and
508Wildlife Conservation Commission, for reproduction, feeding, or
509nesting; for traveling between such areas used for reproduction,
510feeding, or nesting; or for escape from predation.
511     e.  Areas known to contain plant species designated as
512endangered plant species by the Department of Agriculture and
513Consumer Services.
514     2.  Produce, or dispose of, no substances designated as
515hazardous or toxic substances by the United States Environmental
516Protection Agency or by the Department of Environmental
517Protection or the Department of Agriculture and Consumer
518Services. This subparagraph is not intended to apply to the
519production of these substances in nonsignificant amounts as
520would occur through household use or incidental use by
521businesses.
522     3.  Participate in a downtown reuse or redevelopment
523program to improve and rehabilitate a declining downtown area.
524     4.  Incorporate no dredge and fill activities in, and no
525stormwater discharge into, waters designated as Class II,
526aquatic preserves, or Outstanding Florida Waters, except as
527activities in those waters are permitted pursuant to s.
528403.813(2) and the developer demonstrates that those activities
529meet the standards under Class II waters, Outstanding Florida
530Waters, or aquatic preserves, as applicable.
531     5.  Include open space, recreation areas, Florida-friendly
532landscaping Xeriscape as defined in s. 373.185, and energy
533conservation and minimize impermeable surfaces as appropriate to
534the location and type of project.
535     6.  Provide for construction and maintenance of all onsite
536infrastructure necessary to support the project and enter into a
537binding commitment with local government to provide an
538appropriate fair-share contribution toward the offsite impacts
539which the development will impose on publicly funded facilities
540and services, except offsite transportation, and condition or
541phase the commencement of development to ensure that public
542facilities and services, except offsite transportation, will be
543available concurrent with the impacts of the development. For
544the purposes of offsite transportation impacts, the developer
545shall comply, at a minimum, with the standards of the state land
546planning agency's development-of-regional-impact transportation
547rule, the approved strategic regional policy plan, any
548applicable regional planning council transportation rule, and
549the approved local government comprehensive plan and land
550development regulations adopted pursuant to part II of chapter
551163.
552     7.  Design and construct the development in a manner that
553is consistent with the adopted state plan, the applicable
554strategic regional policy plan, and the applicable adopted local
555government comprehensive plan.
556     Section 11.  Subsection (3) of section 388.291, Florida
557Statutes, is amended to read:
558     388.291  Source reduction measures; supervision by
559department.--
560     (3)  Property owners in a developed residential area are
561required to maintain their property in such a manner so as not
562to create or maintain any standing freshwater condition capable
563of breeding mosquitoes or other arthropods in significant
564numbers so as to constitute a public health, welfare, or
565nuisance problem. Nothing in this subsection shall permit the
566alteration of permitted stormwater management systems or
567prohibit maintained fish ponds, Florida-friendly landscaping
568xeriscaping, or other maintained systems of landscaping or
569vegetation. If such a condition is found to exist, the local
570arthropod control agency shall serve notice on the property
571owner to treat, remove, or abate the condition. Such notice
572shall serve as prima facie evidence of maintaining a nuisance,
573and upon failure of the property owner to treat, remove, or
574abate the condition, the local arthropod control agency or any
575affected citizen may proceed pursuant to s. 60.05 to enjoin the
576nuisance and may recover costs and attorney's fees if they
577prevail in the action.
578     Section 12.  Paragraph (a) of subsection (6) of section
579481.303, Florida Statutes, is amended to read:
580     481.303  Definitions.--As used in this chapter:
581     (6)  "Landscape architecture" means professional services,
582including, but not limited to, the following:
583     (a)  Consultation, investigation, research, planning,
584design, preparation of drawings, specifications, contract
585documents and reports, responsible construction supervision, or
586landscape management in connection with the planning and
587development of land and incidental water areas, including the
588use of Florida-friendly landscaping Xeriscape as defined in s.
589373.185, where, and to the extent that, the dominant purpose of
590such services or creative works is the preservation,
591conservation, enhancement, or determination of proper land uses,
592natural land features, ground cover and plantings, or
593naturalistic and aesthetic values;
594     Section 13.  Subsection (4) of section 720.3075, Florida
595Statutes, is amended to read:
596     720.3075  Prohibited clauses in association documents.--
597     (4)(a)  The Legislature finds that the use of Florida-
598friendly landscaping and other water use and pollution
599prevention measures that conserve or protect the state's water
600resources serves a compelling public interest and that the
601participation of homeowners' associations and local governments
602is essential to state water conservation and water quality
603protection and restoration efforts.
604     (b)  Homeowners' association documents, including
605declarations of covenants, articles of incorporation, or bylaws,
606entered after October 1, 2001, may not prohibit or be enforced
607to prohibit any property owner from implementing Xeriscape or
608Florida-friendly landscaping landscape, as defined in s.
609373.185(1), on his or her land or create any requirement or
610limitation in conflict with any provision of part II of chapter
611373 or a water shortage order, other order, consumptive use
612permit, or rule adopted or issued pursuant to part II of chapter
613373.
614     Section 14.  This act shall take effect July 1, 2009.


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