House Bill hb1165

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    Florida House of Representatives - 2001                HB 1165

        By Representatives Romeo, Joyner, Bendross-Mindingall,
    Fields, Cusack, Hogan, Slosberg, Frankel, Wishner, Henriquez,
    Detert, Rich, Wilson, Cantens, Kosmas, Lerner, Heyman,
    Peterman, Gannon, Justice, McGriff, Bilirakis, Prieguez,
    Murman, Sobel, Gottlieb and Holloway


  1                      A bill to be entitled

  2         An act relating to Xeriscape; amending ss.

  3         125.568, 166.048, 255.259, 335.167, and

  4         373.185, F.S.; redefining the term "Xeriscape";

  5         prohibiting certain restrictions on the

  6         practice of Xeriscape; amending s. 373.62,

  7         F.S.; providing for the operation and

  8         maintenance of rain sensor devices; providing

  9         an effective date.

10

11  Be It Enacted by the Legislature of the State of Florida:

12

13         Section 1.  Section 125.568, Florida Statutes, is

14  amended to read:

15         125.568  Conservation of water; Xeriscape.--

16         (1)(a)  The Legislature finds that Xeriscape

17  contributes to the conservation of water.  In an effort to

18  meet the water needs of this state in a manner that will

19  supply adequate and dependable supplies of water where needed,

20  it is the intent of the Legislature that Xeriscape be an

21  essential part of water conservation planning.

22         (b)  "Xeriscape" or "Florida friendly landscape" means

23  quality landscapes that conserve water and protect the

24  environment and are adaptable to local conditions and which

25  are drought tolerant a landscaping method that maximizes the

26  conservation of water by the use of site-appropriate plants

27  and an efficient watering system.  The principles of Xeriscape

28  include planning and design, appropriate choice of plants,

29  soil analysis which may include the use of solid waste

30  compost, practical use of turf, efficient irrigation,

31  appropriate use of mulches, and proper maintenance.

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    Florida House of Representatives - 2001                HB 1165

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  1         (2)  By October 1, 1992, The board of county

  2  commissioners of each county shall consider enacting

  3  ordinances requiring the use of Xeriscape as a water

  4  conservation measure. If the board determines that Xeriscape

  5  would be of significant benefit as a water conservation

  6  measure relative to the cost to implement Xeriscape

  7  landscaping in its area of jurisdiction, the board shall enact

  8  a Xeriscape ordinance.  Further, the board of county

  9  commissioners shall consider promoting Xeriscape as a water

10  conservation measure by:  using Xeriscape in, around, or near

11  facilities, parks, and other common areas under its

12  jurisdiction which are landscaped after the effective date of

13  this act; providing public education on Xeriscape, its uses as

14  a water conservation tool, and its long-term

15  cost-effectiveness; and offering incentives to local residents

16  and businesses to implement Xeriscape landscaping.

17         (3)  A deed restriction, covenant, or local government

18  ordinance may not prohibit any property owner from

19  implementing Xeriscape on his or her land.

20         Section 2.  Section 166.048, Florida Statutes, is

21  amended to read:

22         166.048  Conservation of water; Xeriscape.--

23         (1)(a)  The Legislature finds that Xeriscape

24  contributes to the conservation of water.  In an effort to

25  meet the water needs of this state in a manner that will

26  supply adequate and dependable supplies of water where needed,

27  it is the intent of the Legislature that Xeriscape be an

28  essential part of water conservation planning.

29         (b)  "Xeriscape" or "Florida friendly landscape" means

30  quality landscapes that conserve water and protect the

31  environment and are adaptable to local conditions and which

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    Florida House of Representatives - 2001                HB 1165

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  1  are drought tolerant a landscaping method that maximizes the

  2  conservation of water by the use of site-appropriate plants

  3  and an efficient watering system.  The principles of Xeriscape

  4  include planning and design, appropriate choice of plants,

  5  soil analysis which may include the use of solid waste

  6  compost, practical use of turf, efficient irrigation,

  7  appropriate use of mulches, and proper maintenance.

  8         (2)  By October 1, 1992, The governing body of each

  9  municipality shall consider enacting ordinances requiring the

10  use of Xeriscape as a water conservation measure.  If the

11  governing body determines that Xeriscape would be of

12  significant benefit as a water conservation measure relative

13  to the cost to implement Xeriscape landscaping in its area of

14  jurisdiction in the municipality, the board shall enact a

15  Xeriscape ordinance. Further, the governing body shall

16  consider promoting Xeriscape as a water conservation measure

17  by:  using Xeriscape in, around, or near facilities, parks,

18  and other common areas under its jurisdiction which are

19  landscaped after the effective date of this act; providing

20  public education on Xeriscape, its uses as a water

21  conservation tool, and its long-term cost-effectiveness; and

22  offering incentives to local residents and businesses to

23  implement Xeriscape landscaping.

24         (3)  A deed restriction, covenant, or local government

25  ordinance may not prohibit any property owner from

26  implementing Xeriscape on his or her land.

27         Section 3.  Subsection (4) is added to section 255.259,

28  Florida Statutes, to read:

29         255.259  Xeriscape landscaping on public property.--

30

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    Florida House of Representatives - 2001                HB 1165

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  1         (4)  A deed restriction, covenant, or local government

  2  ordinance may not prohibit any property owner from

  3  implementing Xeriscape on his or her land.

  4         Section 4.  Section 335.167, Florida Statutes, is

  5  amended to read:

  6         335.167  State highway construction and maintenance;

  7  Xeriscape landscaping in rights-of-way.--

  8         (1)  The department shall use and require the use of

  9  Xeriscape practices, as defined in s. 373.185(1), in the

10  construction and maintenance of all new state highways,

11  wayside parks, access roads, welcome stations, and other state

12  highway rights-of-way constructed upon or acquired after June

13  30, 1992. The department shall develop a 5-year program for

14  phasing in the use of Xeriscape, including the use of solid

15  waste compost, in state highway rights-of-way constructed upon

16  or acquired before July 1, 1992.  In accomplishing these

17  tasks, the department shall employ the guidelines set out in

18  s. 373.185(2)(a)-(f).

19         (2)  A deed restriction, covenant, or local government

20  ordinance may not prohibit any property owner from

21  implementing Xeriscape on his or her land.

22         Section 5.  Section 373.62, Florida Statutes, is

23  amended to read:

24         373.62  Water conservation; automatic sprinkler

25  systems.--Any person who purchases and installs an automatic

26  lawn sprinkler system after May 1, 1991, shall install, and

27  must maintain and operate, a rain sensor device or switch that

28  which will override the irrigation cycle of the sprinkler

29  system when adequate rainfall has occurred.

30         Section 6.  Section 373.185, Florida Statutes, is

31  amended to read:

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    Florida House of Representatives - 2001                HB 1165

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  1         373.185  Local Xeriscape ordinances.--

  2         (1)  As used in this section, the term:

  3         (a)  "Local government" means any county or

  4  municipality of the state.

  5         (b)  "Xeriscape" or "Florida friendly landscape" means

  6  quality landscapes that conserve water and protect the

  7  environment and are adaptable to local conditions and which

  8  are drought tolerant a landscaping method that maximizes the

  9  conservation of water by the use of site-appropriate plants

10  and an efficient watering system. The principles of Xeriscape

11  include planning and design, appropriate choice of plants,

12  soil analysis which may include the use of solid waste

13  compost, efficient irrigation, practical use of turf,

14  appropriate use of mulches, and proper maintenance.

15         (2)  Each water management district shall design and

16  implement an incentive program to encourage all local

17  governments within its district to adopt new ordinances or

18  amend existing ordinances to require Xeriscape landscaping for

19  development permitted after the effective date of the new

20  ordinance or amendment.  Each district shall adopt rules

21  governing the implementation of its incentive program and

22  governing the review and approval of local government

23  Xeriscape ordinances or amendments which are intended to

24  qualify a local government for the incentive program.  Each

25  district shall assist the local governments within its

26  jurisdiction by providing a model Xeriscape code and other

27  technical assistance.  A local government Xeriscape ordinance

28  or amendment, in order to qualify the local government for a

29  district's incentive program, must include, at a minimum:

30         (a)  Landscape design, installation, and maintenance

31  standards that result in water conservation.  Such standards

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    Florida House of Representatives - 2001                HB 1165

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  1  shall address the use of plant groupings, soil analysis

  2  including the promotion of the use of solid waste compost,

  3  efficient irrigation systems, and other water-conserving

  4  practices.

  5         (b)  Identification of prohibited invasive exotic plant

  6  species.

  7         (c)  Identification of controlled plant species,

  8  accompanied by the conditions under which such plants may be

  9  used.

10         (d)  A provision specifying the maximum percentage of

11  turf and the maximum percentage of impervious surfaces allowed

12  in a xeriscaped area and addressing the practical selection

13  and installation of turf.

14         (e)  Specific standards for land clearing and

15  requirements for the preservation of existing native

16  vegetation.

17         (f)  A monitoring program for ordinance implementation

18  and compliance.

19

20  The districts also shall work with local governments to

21  promote, through educational programs and publications, the

22  use of Xeriscape practices, including the use of solid waste

23  compost, in existing residential and commercial development.

24  This section may not be construed to limit the authority of

25  the districts to require Xeriscape ordinances or practices as

26  a condition of any consumptive use permit.

27         (3)  A deed restriction, covenant, or local government

28  ordinance may not prohibit any property owner from

29  implementing Xeriscape on his or her land.

30         Section 7.  This act shall take effect October 1, 2001.

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    Florida House of Representatives - 2001                HB 1165

    792-103A-01






  1            *****************************************

  2                          HOUSE SUMMARY

  3
      Redefines the term "Xeriscape" or "Florida friendly
  4    landscape" to mean quality landscapes that conserve
      water, protect the environment, are adaptable to local
  5    conditions, and are drought tolerant. Provides that a
      deed restriction, covenant, or local government ordinance
  6    may not prohibit any property owner from implementing
      Xeriscape or Florida friendly landscape on his or her
  7    property.

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      Provides that a rain sensor device or switch which will
  9    override the irrigation cycle of an automatic lawn
      sprinkler system when adequate rainfall has occurred must
10    be maintained and operated.

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