Amendment
Bill No. HB 199

Amendment No. 046973

CHAMBER ACTION
Senate		House
.
.
.

---

---

1	Representative Grimsley offered the following:
2
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
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
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

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