The Florida Senate

255.259  Xeriscape landscaping on public property.--

(1)  The Legislature finds that water conservation is increasingly critical to the continuance of an adequate water supply for the citizens of this state. The Legislature further finds that "Xeriscape," as defined in s. 373.185, can contribute significantly to the conservation of water. Finally, the Legislature finds that state government has the responsibility to promote Xeriscape as a water conservation measure by using Xeriscape on public property associated with publicly owned buildings or facilities.

(2)  As used in this section, "publicly owned buildings or facilities" means those construction projects under the purview of the Department of Management Services. It does not include environmentally endangered land or roads and highway construction under the purview of the Department of Transportation.

(3)  The Department of Management Services, in consultation with the Department of Environmental Protection, shall adopt rules and guidelines for the required use of Xeriscape on public property associated with publicly owned buildings or facilities constructed after June 30, 1992. The Department of Management Services also shall develop a 5-year program for phasing in the use of Xeriscape on public property associated with publicly owned buildings or facilities constructed before July 1, 1992. In accomplishing these tasks, the Department of Management Services shall take into account the guidelines set out in s. 373.185(2)(a)-(f). The Department of Transportation shall implement Xeriscape landscaping pursuant to s. 335.167.

(4)  A deed restriction or covenant entered after October 1, 2001, or local government ordinance may not prohibit any property owner from implementing Xeriscape or Florida-friendly landscape on his or her land.

History.--s. 1, ch. 91-41; s. 1, ch. 91-68; s. 182, ch. 92-279; s. 55, ch. 92-326; s. 89, ch. 94-356; s. 4, ch. 2001-252.