SENATE AMENDMENT
    Bill No. SB 1132
    Amendment No. ___   Barcode 232842
                            CHAMBER ACTION
              Senate                               House
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11  Senator Brown-Waite moved the following amendment:
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13         Senate Amendment (with title amendment) 
14         On page 3, lines 30 and 31, delete those lines
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16  and insert:  
17         Section 2.  Section 125.568, Florida Statutes, is
18  amended to read:
19         125.568  Conservation of water; Xeriscape.--
20         (1)(a)  The Legislature finds that Xeriscape
21  contributes to the conservation of water.  In an effort to
22  meet the water needs of this state in a manner that will
23  supply adequate and dependable supplies of water where needed,
24  it is the intent of the Legislature that Xeriscape be an
25  essential part of water conservation planning.
26         (b)  "Xeriscape" or "Florida friendly landscape" means
27  quality landscapes that conserve water and protect the
28  environment and are adaptable to local conditions and which
29  are drought tolerant a landscaping method that maximizes the
30  conservation of water by the use of site-appropriate plants
31  and an efficient watering system.  The principles of Xeriscape
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                                                  SENATE AMENDMENT
    Bill No. SB 1132
    Amendment No. ___   Barcode 232842
 1  include planning and design, appropriate choice of plants,
 2  soil analysis which may include the use of solid waste
 3  compost, practical use of turf, efficient irrigation,
 4  appropriate use of mulches, and proper maintenance.
 5         (2)  By October 1, 1992, The board of county
 6  commissioners of each county shall consider enacting
 7  ordinances requiring the use of Xeriscape as a water
 8  conservation measure. If the board determines that Xeriscape
 9  would be of significant benefit as a water conservation
10  measure relative to the cost to implement Xeriscape
11  landscaping in its area of jurisdiction, the board shall enact
12  a Xeriscape ordinance.  Further, the board of county
13  commissioners shall consider promoting Xeriscape as a water
14  conservation measure by:  using Xeriscape in, around, or near
15  facilities, parks, and other common areas under its
16  jurisdiction which are landscaped after the effective date of
17  this act; providing public education on Xeriscape, its uses as
18  a water conservation tool, and its long-term
19  cost-effectiveness; and offering incentives to local residents
20  and businesses to implement Xeriscape landscaping.
21         (3)  A deed restriction or covenant entered after
22  October 1, 2001, or local government ordinance may not
23  prohibit any property owner from implementing Xeriscape or
24  Florida friendly landscape on his or her land.
25         Section 3.  Section 166.048, Florida Statutes, is
26  amended to read:
27         166.048  Conservation of water; Xeriscape.--
28         (1)(a)  The Legislature finds that Xeriscape
29  contributes to the conservation of water.  In an effort to
30  meet the water needs of this state in a manner that will
31  supply adequate and dependable supplies of water where needed,
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                                                  SENATE AMENDMENT
    Bill No. SB 1132
    Amendment No. ___   Barcode 232842
 1  it is the intent of the Legislature that Xeriscape be an
 2  essential part of water conservation planning.
 3         (b)  "Xeriscape" or "Florida friendly landscape" means
 4  quality landscapes that conserve water and protect the
 5  environment and are adaptable to local conditions and which
 6  are drought tolerant a landscaping method that maximizes the
 7  conservation of water by the use of site-appropriate plants
 8  and an efficient watering system.  The principles of Xeriscape
 9  include planning and design, appropriate choice of plants,
10  soil analysis which may include the use of solid waste
11  compost, practical use of turf, efficient irrigation,
12  appropriate use of mulches, and proper maintenance.
13         (2)  By October 1, 1992, The governing body of each
14  municipality shall consider enacting ordinances requiring the
15  use of Xeriscape as a water conservation measure.  If the
16  governing body determines that Xeriscape would be of
17  significant benefit as a water conservation measure relative
18  to the cost to implement Xeriscape landscaping in its area of
19  jurisdiction in the municipality, the board shall enact a
20  Xeriscape ordinance. Further, the governing body shall
21  consider promoting Xeriscape as a water conservation measure
22  by:  using Xeriscape in, around, or near facilities, parks,
23  and other common areas under its jurisdiction which are
24  landscaped after the effective date of this act; providing
25  public education on Xeriscape, its uses as a water
26  conservation tool, and its long-term cost-effectiveness; and
27  offering incentives to local residents and businesses to
28  implement Xeriscape landscaping.
29         (3)  A deed restriction or covenant entered after
30  October 1, 2001, or local government ordinance may not
31  prohibit any property owner from implementing Xeriscape or
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                                                  SENATE AMENDMENT
    Bill No. SB 1132
    Amendment No. ___   Barcode 232842
 1  Florida friendly landscape on his or her land.
 2         Section 4.  Subsection (4) is added to section 255.259,
 3  Florida Statutes, to read:
 4         255.259  Xeriscape landscaping on public property.--
 5         (4)  A deed restriction or covenant entered after
 6  October 1, 2001, or local government ordinance may not
 7  prohibit any property owner from implementing Xeriscape or
 8  Florida friendly landscape on his or her land.
 9         Section 5.  Section 335.167, Florida Statutes, is
10  amended to read:
11         335.167  State highway construction and maintenance;
12  Xeriscape landscaping in rights-of-way.--
13         (1)  The department shall use and require the use of
14  Xeriscape practices, as defined in s. 373.185(1), in the
15  construction and maintenance of all new state highways,
16  wayside parks, access roads, welcome stations, and other state
17  highway rights-of-way constructed upon or acquired after June
18  30, 1992. The department shall develop a 5-year program for
19  phasing in the use of Xeriscape, including the use of solid
20  waste compost, in state highway rights-of-way constructed upon
21  or acquired before July 1, 1992.  In accomplishing these
22  tasks, the department shall employ the guidelines set out in
23  s. 373.185(2)(a)-(f).
24         (2)  A deed restriction or covenant entered after
25  October 1, 2001, or local government ordinance may not
26  prohibit any property owner from implementing Xeriscape or
27  Florida friendly landscape on his or her land.
28         Section 6.  Section 373.62, Florida Statutes, is
29  amended to read:
30         373.62  Water conservation; automatic sprinkler
31  systems.--Any person who purchases and installs an automatic
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                                                  SENATE AMENDMENT
    Bill No. SB 1132
    Amendment No. ___   Barcode 232842
 1  lawn sprinkler system after May 1, 1991, shall install, and
 2  must maintain and operate, a rain sensor device or switch that
 3  which will override the irrigation cycle of the sprinkler
 4  system when adequate rainfall has occurred.
 5         Section 7.  Section 373.185, Florida Statutes, is
 6  amended to read:
 7         373.185  Local Xeriscape ordinances.--
 8         (1)  As used in this section, the term:
 9         (a)  "Local government" means any county or
10  municipality of the state.
11         (b)  "Xeriscape" or "Florida friendly landscape" means
12  quality landscapes that conserve water and protect the
13  environment and are adaptable to local conditions and which
14  are drought tolerant a landscaping method that maximizes the
15  conservation of water by the use of site-appropriate plants
16  and an efficient watering system. The principles of Xeriscape
17  include planning and design, appropriate choice of plants,
18  soil analysis which may include the use of solid waste
19  compost, efficient irrigation, practical use of turf,
20  appropriate use of mulches, and proper maintenance.
21         (2)  Each water management district shall design and
22  implement an incentive program to encourage all local
23  governments within its district to adopt new ordinances or
24  amend existing ordinances to require Xeriscape landscaping for
25  development permitted after the effective date of the new
26  ordinance or amendment.  Each district shall adopt rules
27  governing the implementation of its incentive program and
28  governing the review and approval of local government
29  Xeriscape ordinances or amendments which are intended to
30  qualify a local government for the incentive program.  Each
31  district shall assist the local governments within its
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                                                  SENATE AMENDMENT
    Bill No. SB 1132
    Amendment No. ___   Barcode 232842
 1  jurisdiction by providing a model Xeriscape code and other
 2  technical assistance.  A local government Xeriscape ordinance
 3  or amendment, in order to qualify the local government for a
 4  district's incentive program, must include, at a minimum:
 5         (a)  Landscape design, installation, and maintenance
 6  standards that result in water conservation.  Such standards
 7  shall address the use of plant groupings, soil analysis
 8  including the promotion of the use of solid waste compost,
 9  efficient irrigation systems, and other water-conserving
10  practices.
11         (b)  Identification of prohibited invasive exotic plant
12  species.
13         (c)  Identification of controlled plant species,
14  accompanied by the conditions under which such plants may be
15  used.
16         (d)  A provision specifying the maximum percentage of
17  turf and the maximum percentage of impervious surfaces allowed
18  in a xeriscaped area and addressing the practical selection
19  and installation of turf.
20         (e)  Specific standards for land clearing and
21  requirements for the preservation of existing native
22  vegetation.
23         (f)  A monitoring program for ordinance implementation
24  and compliance.
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26  The districts also shall work with local governments to
27  promote, through educational programs and publications, the
28  use of Xeriscape practices, including the use of solid waste
29  compost, in existing residential and commercial development.
30  This section may not be construed to limit the authority of
31  the districts to require Xeriscape ordinances or practices as
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                                                  SENATE AMENDMENT
    Bill No. SB 1132
    Amendment No. ___   Barcode 232842
 1  a condition of any consumptive use permit.
 2         (3)  A deed restriction or covenant entered after
 3  October 1, 2001, or local government ordinance may not
 4  prohibit any property owner from implementing Xeriscape or
 5  Florida friendly landscape on his or her land.
 6         Section 8.  Section 720.3075, Florida Statutes, is
 7  amended to read:
 8         720.3075  Prohibited clauses in association
 9  documents.--
10         (1)  It is declared that the public policy of this
11  state prohibits the inclusion or enforcement of certain types
12  of clauses in homeowners' association documents, including
13  declaration of covenants, articles of incorporation, bylaws,
14  or any other document of the association which binds members
15  of the association, which either have the effect of or provide
16  that:
17         (a)  A developer has the unilateral ability and right
18  to make changes to the homeowners' association documents after
19  the transition of homeowners' association control in a
20  community from the developer to the nondeveloper members, as
21  set forth in s. 720.307, has occurred.
22         (b)  A homeowners' association is prohibited or
23  restricted from filing a lawsuit against the developer, or the
24  homeowners' association is otherwise effectively prohibited or
25  restricted from bringing a lawsuit against the developer.
26         (c)  After the transition of homeowners' association
27  control in a community from the developer to the nondeveloper
28  members, as set forth in s. 720.307, has occurred, a developer
29  is entitled to cast votes in an amount that exceeds one vote
30  per residential lot.
31  
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                                                  SENATE AMENDMENT
    Bill No. SB 1132
    Amendment No. ___   Barcode 232842
 1  Such clauses are declared null and void as against the public
 2  policy of this state.
 3         (2)  The public policy described in subsection (1)
 4  prohibits the inclusion or enforcement of such clauses created
 5  on or after the effective date of s. 3, chapter 98-261, Laws
 6  of Florida.
 7         (3)  Homeowners' association documents, including
 8  declarations of covenants, articles of incorporation, or
 9  bylaws, may not preclude the display of one United States flag
10  by property owners. However, the flag must be displayed in a
11  respectful way and may be subject to reasonable standards for
12  size, placement, and safety, as adopted by the homeowners'
13  association, consistent with Title 36 U.S.C. chapter 10 and
14  any local ordinances.
15         (4)  Homeowners' association documents, including
16  declarations of covenants, articles of incorporation or
17  bylaws, entered after October 1, 2001, may not prohibit any
18  property owner from implementing Xeriscape or Florida friendly
19  landscape, as defined in s. 373.185(1), on his or her land.
20         Section 9.  This act shall take effect October 1, 2001,
21  except that this section and section 1 of this act shall take
22  effect upon becoming a law.
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25  ================ T I T L E   A M E N D M E N T ===============
26  And the title is amended as follows:
27         On page 1, lines 2-6, delete those lines
28  
29  and insert:
30                      A bill to be entitled
31         An act relating to the use and disposition of
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                                                  SENATE AMENDMENT
    Bill No. SB 1132
    Amendment No. ___   Barcode 232842
 1         real and personal property; amending s. 125.35,
 2         F.S.; providing an alternative procedure for
 3         the sale or disposition of certain property by
 4         boards of county commissioners; amending ss.
 5         125.568, 166.048, 255.259, 335.167, 373.185,
 6         F.S.; redefining the term "Xeriscape";
 7         prohibiting certain restrictions on the
 8         practice of Xeriscape; amending s. 373.62,
 9         F.S.; providing for the operation and
10         maintenance of rain sensor devices; amending s.
11         720.3075, F.S.; prohibiting homeowners'
12         associations from restricting the practice of
13         Xeriscape; providing effective dates.
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