Senate Bill sb0126e1

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    CS for CS for SB 126                           First Engrossed



  1                      A bill to be entitled

  2         An act relating to use of water resources;

  3         amending ss. 125.568, 166.048, 255.259,

  4         335.167, 373.185, F.S.; redefining the term

  5         "Xeriscape"; prohibiting certain restrictions

  6         on the practice of Xeriscape or the

  7         construction of irrigation wells; amending s.

  8         373.62, F.S.; providing for the operation and

  9         maintenance of rain sensor devices; amending s.

10         720.3075, F.S.; prohibiting homeowners'

11         associations from restricting the practice of

12         Xeriscape or the construction of irrigation

13         wells; providing an effective date.

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

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17         Section 1.  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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    CS for CS for SB 126                           First Engrossed



  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 or from

25  constructing on such land an irrigation well permitted or

26  exempted by the water management district.

27         Section 2.  Section 166.048, Florida Statutes, is

28  amended to read:

29         166.048  Conservation of water; Xeriscape.--

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

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


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    CS for CS for SB 126                           First Engrossed



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

  2  supply adequate and dependable supplies of water where needed,

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

  4  essential part of water conservation planning.

  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, practical use of turf, efficient irrigation,

14  appropriate use of mulches, and proper maintenance.

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

16  municipality shall consider enacting ordinances requiring the

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

18  governing body determines that Xeriscape would be of

19  significant benefit as a water conservation measure relative

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

21  jurisdiction in the municipality, the board shall enact a

22  Xeriscape ordinance. Further, the governing body shall

23  consider promoting Xeriscape as a water conservation measure

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

25  and other common areas under its jurisdiction which are

26  landscaped after the effective date of this act; providing

27  public education on Xeriscape, its uses as a water

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

29  offering incentives to local residents and businesses to

30  implement Xeriscape landscaping.

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    CS for CS for SB 126                           First Engrossed



  1         (3)  A deed restriction or covenant entered after

  2  October 1, 2001, or local government ordinance may not

  3  prohibit any property owner from implementing Xeriscape or

  4  Florida friendly landscape on his or her land or from

  5  constructing on such land an irrigation well permitted or

  6  exempted by the water management district.

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

  8  Florida Statutes, to read:

  9         255.259  Xeriscape landscaping on public property.--

10         (4)  A deed restriction or covenant entered after

11  October 1, 2001, or local government ordinance may not

12  prohibit any property owner from implementing Xeriscape or

13  Florida friendly landscape on his or her land or from

14  constructing on such land an irrigation well permitted or

15  exempted by the water management district.

16         Section 4.  Section 335.167, Florida Statutes, is

17  amended to read:

18         335.167  State highway construction and maintenance;

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

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

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

22  construction and maintenance of all new state highways,

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

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

25  30, 1992. The department shall develop a 5-year program for

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

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

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

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

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

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    CS for CS for SB 126                           First Engrossed



  1         (2)  A deed restriction or covenant entered after

  2  October 1, 2001, or local government ordinance may not

  3  prohibit any property owner from implementing Xeriscape or

  4  Florida friendly landscape on his or her land or from

  5  constructing on such land an irrigation well permitted or

  6  exempted by the water management district.

  7         Section 5.  Section 373.62, Florida Statutes, is

  8  amended to read:

  9         373.62  Water conservation; automatic sprinkler

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

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

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

13  which will override the irrigation cycle of the sprinkler

14  system when adequate rainfall has occurred.

15         Section 6.  Section 373.185, Florida Statutes, is

16  amended to read:

17         373.185  Local Xeriscape ordinances.--

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

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

20  municipality of the state.

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

22  quality landscapes that conserve water and protect the

23  environment and are adaptable to local conditions and which

24  are drought tolerant a landscaping method that maximizes the

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

26  and an efficient watering system. The principles of Xeriscape

27  include planning and design, appropriate choice of plants,

28  soil analysis which may include the use of solid waste

29  compost, efficient irrigation, practical use of turf,

30  appropriate use of mulches, and proper maintenance.

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    CS for CS for SB 126                           First Engrossed



  1         (2)  Each water management district shall design and

  2  implement an incentive program to encourage all local

  3  governments within its district to adopt new ordinances or

  4  amend existing ordinances to require Xeriscape landscaping for

  5  development permitted after the effective date of the new

  6  ordinance or amendment.  Each district shall adopt rules

  7  governing the implementation of its incentive program and

  8  governing the review and approval of local government

  9  Xeriscape ordinances or amendments which are intended to

10  qualify a local government for the incentive program.  Each

11  district shall assist the local governments within its

12  jurisdiction by providing a model Xeriscape code and other

13  technical assistance.  A local government Xeriscape ordinance

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

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

16         (a)  Landscape design, installation, and maintenance

17  standards that result in water conservation.  Such standards

18  shall address the use of plant groupings, soil analysis

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

20  efficient irrigation systems, and other water-conserving

21  practices.

22         (b)  Identification of prohibited invasive exotic plant

23  species.

24         (c)  Identification of controlled plant species,

25  accompanied by the conditions under which such plants may be

26  used.

27         (d)  A provision specifying the maximum percentage of

28  turf and the maximum percentage of impervious surfaces allowed

29  in a xeriscaped area and addressing the practical selection

30  and installation of turf.

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    CS for CS for SB 126                           First Engrossed



  1         (e)  Specific standards for land clearing and

  2  requirements for the preservation of existing native

  3  vegetation.

  4         (f)  A monitoring program for ordinance implementation

  5  and compliance.

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  7  The districts also shall work with local governments to

  8  promote, through educational programs and publications, the

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

10  compost, in existing residential and commercial development.

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

12  the districts to require Xeriscape ordinances or practices as

13  a condition of any consumptive use permit.

14         (3)  A deed restriction or covenant entered after

15  October 1, 2001, or local government ordinance may not

16  prohibit any property owner from implementing Xeriscape or

17  Florida friendly landscape on his or her land or from

18  constructing on such land an irrigation well permitted or

19  exempted by the water management district.

20         Section 7.  Section 720.3075, Florida Statutes, is

21  amended to read:

22         720.3075  Prohibited clauses in association

23  documents.--

24         (1)  It is declared that the public policy of this

25  state prohibits the inclusion or enforcement of certain types

26  of clauses in homeowners' association documents, including

27  declaration of covenants, articles of incorporation, bylaws,

28  or any other document of the association which binds members

29  of the association, which either have the effect of or provide

30  that:

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    CS for CS for SB 126                           First Engrossed



  1         (a)  A developer has the unilateral ability and right

  2  to make changes to the homeowners' association documents after

  3  the transition of homeowners' association control in a

  4  community from the developer to the nondeveloper members, as

  5  set forth in s. 720.307, has occurred.

  6         (b)  A homeowners' association is prohibited or

  7  restricted from filing a lawsuit against the developer, or the

  8  homeowners' association is otherwise effectively prohibited or

  9  restricted from bringing a lawsuit against the developer.

10         (c)  After the transition of homeowners' association

11  control in a community from the developer to the nondeveloper

12  members, as set forth in s. 720.307, has occurred, a developer

13  is entitled to cast votes in an amount that exceeds one vote

14  per residential lot.

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16  Such clauses are declared null and void as against the public

17  policy of this state.

18         (2)  The public policy described in subsection (1)

19  prohibits the inclusion or enforcement of such clauses created

20  on or after the effective date of s. 3, chapter 98-261, Laws

21  of Florida.

22         (3)  Homeowners' association documents, including

23  declarations of covenants, articles of incorporation, or

24  bylaws, may not preclude the display of one United States flag

25  by property owners. However, the flag must be displayed in a

26  respectful way and may be subject to reasonable standards for

27  size, placement, and safety, as adopted by the homeowners'

28  association, consistent with Title 36 U.S.C. chapter 10 and

29  any local ordinances.

30         (4)  Homeowners' association documents, including

31  declarations of covenants, articles of incorporation or


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    CS for CS for SB 126                           First Engrossed



  1  bylaws, entered after October 1, 2001, may not prohibit any

  2  property owner from implementing Xeriscape or Florida friendly

  3  landscape, as defined in s. 373.185(1), on his or her land or

  4  from constructing on such land an irrigation well permitted or

  5  exempted by the water management district.

  6         Section 8.  This act shall take effect October 1, 2001.

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