Senate Bill sb0126

    Florida Senate - 2001                                   SB 126

    By Senator Brown-Waite





    10-93-01

  1                      A bill to be entitled

  2         An act relating to Xeriscape; amending ss.

  3         125.568, 166.048, 255.259, 335.167, 373.185,

  4         F.S.; prohibiting certain restrictions on the

  5         practice of Xeriscape; providing an effective

  6         date.

  7

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

  9

10         Section 1.  Subsection (3) is added to section 125.568,

11  Florida Statutes, to read:

12         125.568  Conservation of water; Xeriscape.--

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

14  ordinance may not prohibit any property owner from

15  implementing Xeriscape on at least one-half of his or her

16  land.

17         Section 2.  Subsection (3) is added to section 166.048,

18  Florida Statutes, to read:

19         166.048  Conservation of water; Xeriscape.--

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

21  ordinance may not prohibit any property owner from

22  implementing Xeriscape on at least one-half of his or her

23  land.

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

25  Florida Statutes, to read:

26         255.259  Xeriscape landscaping on public property.--

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

28  ordinance may not prohibit any property owner from

29  implementing Xeriscape on at least one-half of his or her

30  land.

31

                                  1

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






    Florida Senate - 2001                                   SB 126
    10-93-01




  1         Section 4.  Section 335.167, Florida Statutes, is

  2  amended to read:

  3         335.167  State highway construction and maintenance;

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

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

  6  Xeriscape practices in the construction and maintenance of all

  7  new state highways, wayside parks, access roads, welcome

  8  stations, and other state highway rights-of-way constructed

  9  upon or acquired after June 30, 1992. The department shall

10  develop a 5-year program for phasing in the use of Xeriscape,

11  including the use of solid waste compost, in state highway

12  rights-of-way constructed upon or acquired before July 1,

13  1992.  In accomplishing these tasks, the department shall

14  employ the guidelines set out in s. 373.185(2)(a)-(f).

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

16  ordinance may not prohibit any property owner from

17  implementing Xeriscape on at least one-half of his or her

18  land.

19         Section 5.  Subsection (3) is added to section 373.185,

20  Florida Statutes, to read:

21         373.185  Local Xeriscape ordinances.--

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

23  ordinance may not prohibit any property owner from

24  implementing Xeriscape on at least one-half of his or her

25  land.

26         Section 6.  This act shall take effect October 1, 2001.

27

28            *****************************************

29                          SENATE SUMMARY

30    Prohibits certain restrictions on the practice of
      Xeriscape through deed restrictions, covenants, and local
31    ordinances.

                                  2

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