1 | Representative Grimsley offered the following: |
2 |
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3 | Amendment (with title amendment) |
4 | Between lines 38 and 39, insert: |
5 | Section 2. Section 373.185, Florida Statutes, is amended |
6 | to read: |
7 | 373.185 Local Florida-friendly landscape Xeriscape |
8 | ordinances.-- |
9 | (1) As used in this section, the term: |
10 | (a) "Local government" means any county or municipality of |
11 | the state. |
12 | (b) "Xeriscape" or "Florida-friendly landscape" means |
13 | quality landscapes that conserve water, and protect the |
14 | environment, and are adaptable to local conditions, and which |
15 | are drought tolerant. The principles of Florida-friendly |
16 | landscape Xeriscape include planting the right plant in the |
17 | right place, efficient watering, appropriate fertilization, |
18 | mulching, attraction of wildlife, responsible management of yard |
19 | pests, recycling yard waste, reduction of stormwater runoff, and |
20 | waterfront protection. Additional components of Florida-friendly |
21 | landscape include planning and design, appropriate choice of |
22 | plants, soil analysis which may include the use of solid waste |
23 | compost, efficient irrigation, practical use of turf, |
24 | appropriate use of mulches, and proper maintenance. |
25 | (2) Each water management district shall design and |
26 | implement an incentive program to encourage all local |
27 | governments within its district to adopt new ordinances or amend |
28 | existing ordinances to require Florida-friendly Xeriscape |
29 | landscaping for development permitted after the effective date |
30 | of the new ordinance or amendment. Each district shall establish |
31 | criteria adopt rules governing the implementation of its |
32 | incentive program and governing the review and approval of local |
33 | government Florida-friendly landscape Xeriscape ordinances or |
34 | amendments which are intended to qualify a local government for |
35 | the incentive program. Each district shall assist the local |
36 | governments within its jurisdiction by providing a model |
37 | Florida-friendly landscape Xeriscape code and other technical |
38 | assistance. A local government Florida-friendly landscape |
39 | Xeriscape ordinance or amendment, in order to qualify the local |
40 | government for a district's incentive program, must include, at |
41 | a minimum: |
42 | (a) Landscape design, installation, and maintenance |
43 | standards that result in water conservation. Such standards |
44 | shall address the use of plant groupings, soil analysis |
45 | including the promotion of the use of solid waste compost, |
46 | efficient irrigation systems, and other water-conserving |
47 | practices. |
48 | (b) Identification of prohibited invasive exotic plant |
49 | species consistent with the provisions of s. 581.091. |
50 | (c) Identification of controlled plant species, |
51 | accompanied by the conditions under which such plants may be |
52 | used. |
53 | (d) A provision specifying the maximum percentage of turf |
54 | and the maximum percentage of impervious surfaces allowed in a |
55 | Florida-friendly landscaped xeriscaped area and addressing the |
56 | practical selection and installation of turf. |
57 | (e) Specific standards for land clearing and requirements |
58 | for the preservation of existing native vegetation. |
59 | (f) A monitoring program for ordinance implementation and |
60 | compliance. |
61 | (g) Incorporation of the landscape irrigation and Florida- |
62 | friendly landscape design standards developed pursuant to s. |
63 | 373.228(4). |
64 |
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65 | The districts also shall work with local governments, county |
66 | extension agents or offices, nursery and landscape industry |
67 | groups, and other interested stakeholders to promote, through |
68 | educational programs and publications, the use of Florida- |
69 | friendly landscape Xeriscape practices, including the use of |
70 | solid waste compost, in existing residential and commercial |
71 | development. The districts shall use the University of Florida's |
72 | Yards and Neighborhoods extension program or a similar program |
73 | as a primary resource for the delivery of educational programs |
74 | to individual homeowners and homeowners' associations. This |
75 | subsection is not subject to the rulemaking requirements of |
76 | chapter 120 section may not be construed to limit the authority |
77 | of the districts to require Xeriscape ordinances or practices as |
78 | a condition of any consumptive use permit. |
79 | (3) This section may not be construed to limit the |
80 | authority of the districts to require Florida-Friendly landscape |
81 | ordinances or practices as a condition of any permit under part |
82 | II or part IV of this chapter. |
83 | (4)(3) A deed restriction, or covenant entered after |
84 | October 1, 2001, or local government ordinance may not prohibit |
85 | any property owner from implementing Xeriscape or Florida- |
86 | friendly landscaping landscape on his or her land or create any |
87 | requirement or limitation in conflict with any provision of part |
88 | II or a water shortage order, other order, consumptive use |
89 | permit, or rule adopted or issued pursuant to part II. A deed |
90 | restriction, covenant, or local government ordinance may not be |
91 | enforced to prohibit a property owner from implementing Florida- |
92 | friendly landscaping, nor shall such restriction, covenant, or |
93 | ordinance create any such conflicting requirement or limitation. |
94 | The Legislature finds that the use of Florida-Friendly |
95 | landscaping and other measures that conserve Florida's water |
96 | resources serves a compelling public interest and that the |
97 | participation of homeowners' associations and local governments |
98 | is essential to state water conservation efforts. |
99 | Section 3. Section 125.568, Florida Statutes, is amended |
100 | to read: |
101 | 125.568 Conservation of water; Florida-friendly landscape |
102 | Xeriscape.-- |
103 | (1)(a) The Legislature finds that Florida-friendly |
104 | landscape, as implemented in s. 373.185, Xeriscape contributes |
105 | to the conservation of water. In an effort to meet the water |
106 | needs of this state in a manner that will supply adequate and |
107 | dependable supplies of water where needed, it is the intent of |
108 | the Legislature that Florida-friendly landscape Xeriscape be an |
109 | essential part of water conservation planning. |
110 | (b) "Xeriscape" or "Florida-friendly landscape" means |
111 | quality landscapes that conserve water, and protect the |
112 | environment, and are adaptable to local conditions, and which |
113 | are drought tolerant. The principles of Florida-friendly |
114 | landscape Xeriscape include planting the right plant in the |
115 | right place, efficient watering, appropriate fertilization, |
116 | mulching, attraction of wildlife, responsible management of yard |
117 | pests, recycling yard waste, reduction of stormwater runoff, and |
118 | waterfront protection. Additional components of Florida-friendly |
119 | landscape include planning and design, appropriate choice of |
120 | plants, soil analysis which may include the use of solid waste |
121 | compost, practical use of turf, efficient irrigation, |
122 | appropriate use of mulches, and proper maintenance. |
123 | (2) The board of county commissioners of each county shall |
124 | consider enacting ordinances requiring the use of Florida- |
125 | friendly landscape Xeriscape as a water conservation measure. If |
126 | the board determines that Florida-friendly landscape Xeriscape |
127 | would be of significant benefit as a water conservation measure |
128 | relative to the cost to implement Florida-friendly Xeriscape |
129 | landscaping in its area of jurisdiction, the board shall enact a |
130 | Florida-friendly landscape Xeriscape ordinance. Further, the |
131 | board of county commissioners shall consider promoting Florida- |
132 | friendly landscape Xeriscape as a water conservation measure by: |
133 | using Florida-friendly landscape Xeriscape in, around, or near |
134 | facilities, parks, and other common areas under its jurisdiction |
135 | that which are landscaped after the effective date of this act; |
136 | providing public education on Florida-friendly landscape |
137 | Xeriscape, its uses as a water conservation tool, and its long- |
138 | term cost-effectiveness; and offering incentives to local |
139 | residents and businesses to implement Florida-friendly Xeriscape |
140 | landscaping. |
141 | (3) A deed restriction, or covenant entered after October |
142 | 1, 2001, or local government ordinance may not prohibit any |
143 | property owner from implementing Xeriscape or Florida-friendly |
144 | landscape on his or her land. |
145 | Section 4. Section 166.048, Florida Statutes, is amended |
146 | to read: |
147 | 166.048 Conservation of water; Florida-friendly landscape |
148 | Xeriscape.-- |
149 | (1)(a) The Legislature finds that Florida-friendly |
150 | landscape, as implemented in s. 373.185, Xeriscape contributes |
151 | to the conservation of water. In an effort to meet the water |
152 | needs of this state in a manner that will supply adequate and |
153 | dependable supplies of water where needed, it is the intent of |
154 | the Legislature that Florida-friendly landscape Xeriscape be an |
155 | essential part of water conservation planning. |
156 | (b) "Xeriscape" or "Florida-friendly landscape" means |
157 | quality landscapes that conserve water, and protect the |
158 | environment, and are adaptable to local conditions, and which |
159 | are drought tolerant. The principles of Florida-friendly |
160 | landscape Xeriscape include planting the right plant in the |
161 | right place, efficient watering, appropriate fertilization, |
162 | mulching, attraction of wildlife, responsible management of yard |
163 | pests, recycling yard waste, reduction of stormwater runoff, and |
164 | waterfront protection. Additional components of Florida-friendly |
165 | landscape include planning and design, appropriate choice of |
166 | plants, soil analysis which may include the use of solid waste |
167 | compost, practical use of turf, efficient irrigation, |
168 | appropriate use of mulches, and proper maintenance. |
169 | (2) The governing body of each municipality shall consider |
170 | enacting ordinances requiring the use of Florida-friendly |
171 | landscape Xeriscape as a water conservation measure. If the |
172 | governing body determines that Florida-friendly landscape |
173 | Xeriscape would be of significant benefit as a water |
174 | conservation measure relative to the cost to implement Florida- |
175 | friendly Xeriscape landscaping in its area of jurisdiction in |
176 | the municipality, the board shall enact a Florida-friendly |
177 | landscape Xeriscape ordinance. Further, the governing body shall |
178 | consider promoting Florida-friendly landscape Xeriscape as a |
179 | water conservation measure by: using Florida-friendly landscape |
180 | Xeriscape in, around, or near facilities, parks, and other |
181 | common areas under its jurisdiction that which are landscaped |
182 | after the effective date of this act; providing public education |
183 | on Florida-friendly landscape Xeriscape, its uses as a water |
184 | conservation tool, and its long-term cost-effectiveness; and |
185 | offering incentives to local residents and businesses to |
186 | implement Florida-friendly Xeriscape landscaping. |
187 | (3) A deed restriction, or covenant entered after October |
188 | 1, 2001, or local government ordinance may not prohibit any |
189 | property owner from implementing Xeriscape or Florida-friendly |
190 | landscape on his or her land. |
191 | Section 5. Section 255.259, Florida Statutes, is amended |
192 | to read: |
193 | 255.259 Florida-friendly Xeriscape landscaping on public |
194 | property.-- |
195 | (1) The Legislature finds that water conservation is |
196 | increasingly critical to the continuance of an adequate water |
197 | supply for the citizens of this state. The Legislature further |
198 | finds that "Florida-friendly landscape Xeriscape," as |
199 | implemented defined in s. 373.185, can contribute significantly |
200 | to the conservation of water. Finally, the Legislature finds |
201 | that state government has the responsibility to promote Florida- |
202 | friendly landscape Xeriscape as a water conservation measure by |
203 | using Florida-friendly landscape Xeriscape on public property |
204 | associated with publicly owned buildings or facilities. |
205 | (2) As used in this section, "publicly owned buildings or |
206 | facilities" means those construction projects under the purview |
207 | of the Department of Management Services. It does not include |
208 | environmentally endangered land or roads and highway |
209 | construction under the purview of the Department of |
210 | Transportation. |
211 | (3) The Department of Management Services, in consultation |
212 | with the Department of Environmental Protection, shall adopt |
213 | rules and guidelines for the required use of Florida-friendly |
214 | landscape Xeriscape on public property associated with publicly |
215 | owned buildings or facilities constructed after June 30, 1992. |
216 | The Department of Management Services also shall develop a 5- |
217 | year program for phasing in the use of Florida-friendly |
218 | landscape Xeriscape on public property associated with publicly |
219 | owned buildings or facilities constructed before July 1, 1992. |
220 | In accomplishing these tasks, the Department of Management |
221 | Services shall take into account the guidelines set out in s. |
222 | 373.185(2)(a)-(g)(a)-(f). The Department of Transportation shall |
223 | implement Florida-friendly Xeriscape landscaping pursuant to s. |
224 | 335.167. |
225 | (4) A deed restriction, or covenant entered after October |
226 | 1, 2001, or local government ordinance may not prohibit any |
227 | property owner from implementing Xeriscape or Florida-friendly |
228 | landscape on his or her land. |
229 | Section 6. Section 335.167, Florida Statutes, is amended |
230 | to read: |
231 | 335.167 State highway construction and maintenance; |
232 | Xeriscape or Florida-friendly landscaping.-- |
233 | (1) The department shall use and require the use of |
234 | Florida-friendly landscape Xeriscape practices, as implemented |
235 | defined in s. 373.185(1), in the construction and maintenance of |
236 | all new state highways, wayside parks, access roads, welcome |
237 | stations, and other state highway rights-of-way constructed upon |
238 | or acquired after June 30, 1992. The department shall develop a |
239 | 5-year program for phasing in the use of Florida-friendly |
240 | landscape Xeriscape, including the use of solid waste compost, |
241 | in state highway rights-of-way constructed upon or acquired |
242 | before July 1, 1992. In accomplishing these tasks, the |
243 | department shall employ the guidelines set out in s. |
244 | 373.185(2)(a)-(g)(a)-(f). |
245 | (2) A deed restriction, or covenant entered after October |
246 | 1, 2001, or local government ordinance may not prohibit any |
247 | property owner from implementing Xeriscape or Florida-friendly |
248 | landscape on his or her land. |
249 | Section 7. Subsections (2) and (4) of section 373.228, |
250 | Florida Statutes, are amended to read: |
251 | 373.228 Landscape irrigation design.-- |
252 | (2) The Legislature finds that landscape irrigation |
253 | comprises a significant portion of water use and that the |
254 | current typical landscape irrigation system and Florida-friendly |
255 | landscape xeriscape designs offer significant potential water |
256 | conservation benefits. |
257 | (4) The water management districts shall work with the |
258 | Florida Nurserymen and Growers Association, the Florida Chapter |
259 | of the American Society of Landscape Architects, the Florida |
260 | Irrigation Society, the Department of Agriculture and Consumer |
261 | Services, the Institute of Food and Agricultural Sciences, the |
262 | Department of Environmental Protection, the Department of |
263 | Transportation, the Florida League of Cities, the Florida |
264 | Association of Counties, and the Florida Association of |
265 | Community Developers to develop landscape irrigation and |
266 | Florida-friendly landscape xeriscape design standards for new |
267 | construction which incorporate a landscape irrigation system and |
268 | develop scientifically based model guidelines for urban, |
269 | commercial, and residential landscape irrigation, including drip |
270 | irrigation, for plants, trees, sod, and other landscaping. The |
271 | landscape and irrigation design standards shall be based on the |
272 | irrigation code defined in the Florida Building Code, Plumbing |
273 | Volume, Appendix F. Local governments shall use the standards |
274 | and guidelines when developing landscape irrigation and Florida- |
275 | friendly landscape xeriscape ordinances. Every 5 years, the |
276 | agencies and entities specified in this subsection shall review |
277 | the standards and guidelines to determine whether new research |
278 | findings require a change or modification of the standards and |
279 | guidelines. |
280 | Section 8. Paragraph (a) of subsection (3) of section |
281 | 380.061, Florida Statutes, is amended to read: |
282 | 380.061 The Florida Quality Developments program.-- |
283 | (3)(a) To be eligible for designation under this program, |
284 | the developer shall comply with each of the following |
285 | requirements which is applicable to the site of a qualified |
286 | development: |
287 | 1. Have donated or entered into a binding commitment to |
288 | donate the fee or a lesser interest sufficient to protect, in |
289 | perpetuity, the natural attributes of the types of land listed |
290 | below. In lieu of the above requirement, the developer may enter |
291 | into a binding commitment which runs with the land to set aside |
292 | such areas on the property, in perpetuity, as open space to be |
293 | retained in a natural condition or as otherwise permitted under |
294 | this subparagraph. Under the requirements of this subparagraph, |
295 | the developer may reserve the right to use such areas for the |
296 | purpose of passive recreation that is consistent with the |
297 | purposes for which the land was preserved. |
298 | a. Those wetlands and water bodies throughout the state as |
299 | would be delineated if the provisions of s. 373.4145(1)(b) were |
300 | applied. The developer may use such areas for the purpose of |
301 | site access, provided other routes of access are unavailable or |
302 | impracticable; may use such areas for the purpose of stormwater |
303 | or domestic sewage management and other necessary utilities to |
304 | the extent that such uses are permitted pursuant to chapter 403; |
305 | or may redesign or alter wetlands and water bodies within the |
306 | jurisdiction of the Department of Environmental Protection which |
307 | have been artificially created, if the redesign or alteration is |
308 | done so as to produce a more naturally functioning system. |
309 | b. Active beach or primary and, where appropriate, |
310 | secondary dunes, to maintain the integrity of the dune system |
311 | and adequate public accessways to the beach. However, the |
312 | developer may retain the right to construct and maintain |
313 | elevated walkways over the dunes to provide access to the beach. |
314 | c. Known archaeological sites determined to be of |
315 | significance by the Division of Historical Resources of the |
316 | Department of State. |
317 | d. Areas known to be important to animal species |
318 | designated as endangered or threatened animal species by the |
319 | United States Fish and Wildlife Service or by the Fish and |
320 | Wildlife Conservation Commission, for reproduction, feeding, or |
321 | nesting; for traveling between such areas used for reproduction, |
322 | feeding, or nesting; or for escape from predation. |
323 | e. Areas known to contain plant species designated as |
324 | endangered plant species by the Department of Agriculture and |
325 | Consumer Services. |
326 | 2. Produce, or dispose of, no substances designated as |
327 | hazardous or toxic substances by the United States Environmental |
328 | Protection Agency or by the Department of Environmental |
329 | Protection or the Department of Agriculture and Consumer |
330 | Services. This subparagraph is not intended to apply to the |
331 | production of these substances in nonsignificant amounts as |
332 | would occur through household use or incidental use by |
333 | businesses. |
334 | 3. Participate in a downtown reuse or redevelopment |
335 | program to improve and rehabilitate a declining downtown area. |
336 | 4. Incorporate no dredge and fill activities in, and no |
337 | stormwater discharge into, waters designated as Class II, |
338 | aquatic preserves, or Outstanding Florida Waters, except as |
339 | activities in those waters are permitted pursuant to s. |
340 | 403.813(2) and the developer demonstrates that those activities |
341 | meet the standards under Class II waters, Outstanding Florida |
342 | Waters, or aquatic preserves, as applicable. |
343 | 5. Include open space, recreation areas, Florida-friendly |
344 | landscape Xeriscape as defined in s. 373.185, and energy |
345 | conservation and minimize impermeable surfaces as appropriate to |
346 | the location and type of project. |
347 | 6. Provide for construction and maintenance of all onsite |
348 | infrastructure necessary to support the project and enter into a |
349 | binding commitment with local government to provide an |
350 | appropriate fair-share contribution toward the offsite impacts |
351 | which the development will impose on publicly funded facilities |
352 | and services, except offsite transportation, and condition or |
353 | phase the commencement of development to ensure that public |
354 | facilities and services, except offsite transportation, will be |
355 | available concurrent with the impacts of the development. For |
356 | the purposes of offsite transportation impacts, the developer |
357 | shall comply, at a minimum, with the standards of the state land |
358 | planning agency's development-of-regional-impact transportation |
359 | rule, the approved strategic regional policy plan, any |
360 | applicable regional planning council transportation rule, and |
361 | the approved local government comprehensive plan and land |
362 | development regulations adopted pursuant to part II of chapter |
363 | 163. |
364 | 7. Design and construct the development in a manner that |
365 | is consistent with the adopted state plan, the applicable |
366 | strategic regional policy plan, and the applicable adopted local |
367 | government comprehensive plan. |
368 | Section 9. Subsection (3) of section 388.291, Florida |
369 | Statutes, is amended to read: |
370 | 388.291 Source reduction measures; supervision by |
371 | department.-- |
372 | (3) Property owners in a developed residential area are |
373 | required to maintain their property in such a manner so as not |
374 | to create or maintain any standing freshwater condition capable |
375 | of breeding mosquitoes or other arthropods in significant |
376 | numbers so as to constitute a public health, welfare, or |
377 | nuisance problem. Nothing in this subsection shall permit the |
378 | alteration of permitted stormwater management systems or |
379 | prohibit maintained fish ponds, Florida-friendly landscaping |
380 | xeriscaping, or other maintained systems of landscaping or |
381 | vegetation. If such a condition is found to exist, the local |
382 | arthropod control agency shall serve notice on the property |
383 | owner to treat, remove, or abate the condition. Such notice |
384 | shall serve as prima facie evidence of maintaining a nuisance, |
385 | and upon failure of the property owner to treat, remove, or |
386 | abate the condition, the local arthropod control agency or any |
387 | affected citizen may proceed pursuant to s. 60.05 to enjoin the |
388 | nuisance and may recover costs and attorney's fees if they |
389 | prevail in the action. |
390 | Section 10. Paragraph (a) of subsection (6) of section |
391 | 481.303, Florida Statutes, is amended to read: |
392 | 481.303 Definitions.--As used in this chapter: |
393 | (6) "Landscape architecture" means professional services, |
394 | including, but not limited to, the following: |
395 | (a) Consultation, investigation, research, planning, |
396 | design, preparation of drawings, specifications, contract |
397 | documents and reports, responsible construction supervision, or |
398 | landscape management in connection with the planning and |
399 | development of land and incidental water areas, including the |
400 | use of Florida-friendly landscape Xeriscape as implemented |
401 | defined in s. 373.185, where, and to the extent that, the |
402 | dominant purpose of such services or creative works is the |
403 | preservation, conservation, enhancement, or determination of |
404 | proper land uses, natural land features, ground cover and |
405 | plantings, or naturalistic and aesthetic values; |
406 | Section 11. Subsection (4) of section 720.3075, Florida |
407 | Statutes, is amended to read: |
408 | 720.3075 Prohibited clauses in association documents.-- |
409 | (4) Homeowners' association documents, including |
410 | declarations of covenants, articles of incorporation, or bylaws, |
411 | entered after October 1, 2001, may not prohibit any property |
412 | owner from implementing Xeriscape or Florida-friendly landscape, |
413 | as implemented defined in s. 373.185(1), on his or her land. |
414 |
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415 | ----------------------------------------------------- |
416 | T I T L E A M E N D M E N T |
417 | Remove line 8 and insert: |
418 | Legislature by a specified date; amending s. 373.185, F.S.; |
419 | revising the principles of Florida-friendly landscape; deleting |
420 | references to "xeriscape"; revising eligibility criteria for |
421 | certain water management district incentive programs; requiring |
422 | certain local government ordinances and amendments to |
423 | incorporate specified landscape irrigation and design standards |
424 | and identify specified invasive exotic plant species; requiring |
425 | water management districts to consult with additional entities |
426 | for activities relating to Florida-friendly landscaping |
427 | practices; specifying the University of Florida's Yards and |
428 | Neighborhoods extension program or a similar program as a |
429 | primary resource for the delivery of educational programs |
430 | relating to such practices; providing an exemption from certain |
431 | rulemaking requirements; providing construction; prohibiting the |
432 | creation of conflicting requirements or limitations; providing |
433 | legislative findings; amending ss. 125.568, 166.048, 255.259, |
434 | 335.167, 373.228, 380.061, 388.291, 481.303, and 720.3075, F.S.; |
435 | conforming provisions to changes made by the act; providing an |
436 | effective |