Senate Bill sb0126e1
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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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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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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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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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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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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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