1

The Committee on Environmental Preservation and Conservation

2

(Jones) recommended the following amendment:

3

4

     Senate Amendment (with title amendment)

5

     Delete everything after the enacting clause

6

and insert:

7

     Section 1.  Section 125.568, Florida Statutes, is amended to

8

read:

9

     125.568 Conservation of water; Florida-friendly landscape

10

Xeriscape.--

11

     (1)(a) The Legislature finds that Florida-friendly

12

landscape Xeriscape contributes to the conservation of water. In

13

an effort to meet the water needs of this state in a manner that

14

will supply adequate and dependable supplies of water where

15

needed, it is the intent of the Legislature that Florida-friendly

16

landscape Xeriscape be an essential part of water conservation

17

planning.

18

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

19

quality landscapes that conserve water, and protect the

20

environment, and are adaptable to local conditions, and which are

21

drought tolerant. The principles of Florida-friendly landscape

22

Xeriscape include planting the right plant in the right place,

23

efficient watering, appropriate fertilization, mulching,

24

attraction of wildlife, responsible management of yard pests,

25

recycling yard waste, reduction of stormwater runoff, and

26

waterfront protection. Additional components of Florida-friendly

27

landscape include planning and design, appropriate choice of

28

plants, soil analysis that which may include the use of solid

29

waste compost, practical use of turf, efficient irrigation,

30

appropriate use of mulches, and proper maintenance.

31

     (2)  The board of county commissioners of each county shall

32

consider enacting ordinances requiring the use of Florida-

33

friendly landscape Xeriscape as a water conservation measure. If

34

the board determines that Florida-friendly landscape Xeriscape

35

would be of significant benefit as a water conservation measure

36

relative to the cost to implement Florida-friendly Xeriscape

37

landscaping in its area of jurisdiction, the board shall enact a

38

Florida-friendly landscape Xeriscape ordinance. Further, the

39

board of county commissioners shall consider promoting Florida-

40

friendly landscape Xeriscape as a water conservation measure by:

41

using Florida-friendly landscape Xeriscape in, around, or near

42

facilities, parks, and other common areas under its jurisdiction

43

which are landscaped after the effective date of this act;

44

providing public education on Florida-friendly landscape

45

Xeriscape, its uses as a water conservation tool, and its long-

46

term cost-effectiveness; and offering incentives to local

47

residents and businesses to implement Florida-friendly Xeriscape

48

landscaping.

49

     (3) A deed restriction, or covenant entered after October

50

1, 2001, or local government ordinance may not prohibit any

51

property owner from implementing Xeriscape or Florida-friendly

52

landscape on his or her land.

53

     Section 2.  Section 166.048, Florida Statutes, is amended to

54

read:

55

     166.048 Conservation of water; Florida-friendly landscape

56

Xeriscape.--

57

     (1)(a) The Legislature finds that Florida-friendly

58

landscape Xeriscape contributes to the conservation of water. In

59

an effort to meet the water needs of this state in a manner that

60

will supply adequate and dependable supplies of water where

61

needed, it is the intent of the Legislature that Florida-friendly

62

landscape Xeriscape be an essential part of water conservation

63

planning.

64

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

65

quality landscapes that conserve water and protect the

66

environment and are adaptable to local conditions and which are

67

drought tolerant. The principles of Florida-friendly landscape

68

Xeriscape include planting the right plant in the right place,

69

efficient watering, appropriate fertilization, mulching,

70

attraction of wildlife, responsible management of yard pests,

71

recycling yard waste, reduction of stormwater runoff, and

72

waterfront protection. Additional components of Florida-friendly

73

landscape include planning and design, appropriate choice of

74

plants, soil analysis that which may include the use of solid

75

waste compost, practical use of turf, efficient irrigation,

76

appropriate use of mulches, and proper maintenance.

77

     (2)  The governing body of each municipality shall consider

78

enacting ordinances requiring the use of Florida-friendly

79

landscape Xeriscape as a water conservation measure. If the

80

governing body determines that Florida-friendly landscape

81

Xeriscape would be of significant benefit as a water conservation

82

measure relative to the cost to implement Florida-friendly

83

Xeriscape landscaping in its area of jurisdiction in the

84

municipality, the board shall enact a Florida-friendly landscape

85

Xeriscape ordinance. Further, the governing body shall consider

86

promoting Florida-friendly landscape Xeriscape as a water

87

conservation measure by: using Florida-friendly landscape

88

Xeriscape in, around, or near facilities, parks, and other common

89

areas under its jurisdiction which are landscaped after the

90

effective date of this act; providing public education on

91

Florida-friendly landscape Xeriscape, its uses as a water

92

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

93

offering incentives to local residents and businesses to

94

implement Florida-friendly Xeriscape landscaping.

95

     (3)  A deed restriction or covenant entered after October 1,

96

2001, or local government ordinance may not prohibit any property

97

owner from implementing Xeriscape or Florida-friendly landscape

98

on his or her land.

99

     Section 3.  Section 255.259, Florida Statutes, is amended to

100

read:

101

     255.259 Florida-friendly Xeriscape landscaping on public

102

property.--

103

     (1)  The Legislature finds that water conservation is

104

increasingly critical to the continuance of an adequate water

105

supply for the citizens of this state. The Legislature further

106

finds that "Florida-friendly landscape Xeriscape," as defined in

107

s. 373.185, can contribute significantly to the conservation of

108

water. Finally, the Legislature finds that state government has

109

the responsibility to promote Florida-friendly landscape

110

Xeriscape as a water conservation measure by using Florida-

111

friendly landscape Xeriscape on public property associated with

112

publicly owned buildings or facilities.

113

     (2)  As used in this section, "publicly owned buildings or

114

facilities" means those construction projects under the purview

115

of the Department of Management Services. It does not include

116

environmentally endangered land or roads and highway construction

117

under the purview of the Department of Transportation.

118

     (3)  The Department of Management Services, in consultation

119

with the Department of Environmental Protection, shall adopt

120

rules and guidelines for the required use of Florida-friendly

121

landscape Xeriscape on public property associated with publicly

122

owned buildings or facilities constructed after June 30, 1992.

123

The Department of Management Services also shall develop a 5-year

124

program for phasing in the use of Florida-friendly landscape

125

Xeriscape on public property associated with publicly owned

126

buildings or facilities constructed before July 1, 1992. In

127

accomplishing these tasks, the Department of Management Services

128

shall take into account the guidelines set out in s.

129

373.185(2)(a)-(g) s. 373.185(2)(a)-(f). The Department of

130

Transportation shall implement Florida-friendly Xeriscape

131

landscaping pursuant to s. 335.167.

132

     (4) A deed restriction, or covenant entered after October

133

1, 2001, or local government ordinance may not prohibit any

134

property owner from implementing Xeriscape or Florida-friendly

135

landscape on his or her land.

136

     Section 4.  Section 335.167, Florida Statutes, is amended to

137

read:

138

     335.167  State highway construction and maintenance;

139

Xeriscape or Florida-friendly landscaping.--

140

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

141

Florida-friendly landscape Xeriscape practices, as defined in s.

142

373.185(1), in the construction and maintenance of all new state

143

highways, wayside parks, access roads, welcome stations, and

144

other state highway rights-of-way constructed upon or acquired

145

after June 30, 1992. The department shall develop a 5-year

146

program for phasing in the use of Florida-friendly landscape

147

Xeriscape, including the use of solid waste compost, in state

148

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

149

1992. In accomplishing these tasks, the department shall employ

150

the guidelines set out in s. 373.185(2)(a)-(g) s. 373.185(2)(a)-

151

(f).

152

     (2)  A deed restriction or covenant entered after October 1,

153

2001, or local government ordinance may not prohibit any property

154

owner from implementing Xeriscape or Florida-friendly landscape

155

on his or her land.

156

     Section 5.  Section 373.185, Florida Statutes, is amended to

157

read:

158

     373.185 Local Florida-friendly landscape Xeriscape

159

ordinances.--

160

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

161

     (a)  "Local government" means any county or municipality of

162

the state.

163

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

164

quality landscapes that conserve water, and protect the

165

environment, and are adaptable to local conditions, and which are

166

drought tolerant. The principles of Florida-friendly landscape

167

Xeriscape include planting the right plant in the right place,

168

efficient watering, appropriate fertilization, mulching,

169

attraction of wildlife, responsible management of yard pests,

170

recycling yard waste, reduction of stormwater runoff, and

171

waterfront protection. Additional components of Florida-friendly

172

landscape include planning and design, appropriate choice of

173

plants, soil analysis that which may include the use of solid

174

waste compost, efficient irrigation, practical use of turf,

175

appropriate use of mulches, and proper maintenance.

176

     (2)  Each water management district shall design and

177

implement an incentive program to encourage all local governments

178

within its district to adopt new ordinances or amend existing

179

ordinances to require Florida-friendly Xeriscape landscaping for

180

development permitted after the effective date of the new

181

ordinance or amendment. Each district shall establish criteria

182

adopt rules governing the implementation of its incentive program

183

and governing the review and approval of local government

184

Florida-friendly landscape Xeriscape ordinances or amendments

185

which are intended to qualify a local government for the

186

incentive program. Each district shall assist the local

187

governments within its jurisdiction by providing a model Florida-

188

friendly landscape Xeriscape code and other technical assistance.

189

A local government Florida-friendly landscape Xeriscape ordinance

190

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

191

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

192

     (a)  Landscape design, installation, and maintenance

193

standards that result in water conservation. Such standards shall

194

address the use of plant groupings, soil analysis including the

195

promotion of the use of solid waste compost, efficient irrigation

196

systems, and other water-conserving practices.

197

     (b)  Identification of prohibited invasive exotic plant

198

species consistent with the provisions of s. 581.091.

199

     (c)  Identification of controlled plant species, accompanied

200

by the conditions under which such plants may be used.

201

     (d)  A provision specifying the maximum percentage of turf

202

and the maximum percentage of impervious surfaces allowed in a

203

Florida-friendly landscaped xeriscaped area and addressing the

204

practical selection and installation of turf.

205

     (e)  Specific standards for land clearing and requirements

206

for the preservation of existing native vegetation.

207

     (f)  A monitoring program for ordinance implementation and

208

compliance.

209

     (g) Incorporation of the landscape irrigation and Florida-

210

friendly landscape design standards developed pursuant to s.

211

373.228(4).

212

213

The districts also shall work with local governments, county

214

extension agents or offices, nursery and landscape industry

215

groups, and other interested stakeholders to promote, through

216

educational programs and publications, the use of Florida-

217

friendly landscape Xeriscape practices, including the use of

218

solid waste compost, in existing residential and commercial

219

development. The districts shall use the University of Florida's

220

Yards and Neighborhoods extension program or a similar program as

221

a primary resource for the delivery of educational programs to

222

individual homeowners and homeowners' associations. This

223

subsection is not subject to the rulemaking requirements of

224

chapter 120. This section may not be construed to limit the

225

authority of the districts to require Xeriscape ordinances or

226

practices as a condition of any consumptive use permit.

227

     (3) This section does not limit the authority of the

228

districts to require Florida-Friendly landscape ordinances or

229

practices as a condition of any permit under part II or part IV

230

of this chapter.

231

     (4)(3) A deed restriction or covenant entered after October

232

1, 2001, or local government ordinance may not prohibit any

233

property owner from implementing Xeriscape or Florida-friendly

234

landscaping landscape on his or her land, or create any

235

requirement or limitation in conflict with any provision of part

236

II or a water shortage order, other order, consumptive use

237

permit, or rule adopted or issued pursuant to part II. Any deed

238

restriction, covenant, or local government ordinance, now in

239

effect, may not be enforced to prohibit a property owner from

240

implementing Florida-friendly landscaping. Such restriction,

241

covenant, or ordinance may not create any such conflicting

242

requirement or limitation. The Legislature finds that the use of

243

Florida-friendly landscaping and other measures that conserve

244

Florida's water resources serve a compelling public interest and

245

that the participation of homeowners' associations and local

246

governments is essential to state water conservation efforts.

247

     Section 6.  Subsections (2) and(4) of section 373.228,

248

Florida Statutes, are amended to read:

249

     373.228  Landscape irrigation design.--

250

     (2)  The Legislature finds that landscape irrigation

251

comprises a significant portion of water use and that the current

252

typical landscape irrigation system and Florida-friendly

253

landscape xeriscape designs offer significant potential water

254

conservation benefits.

255

     (4)  The water management districts shall work with the

256

Florida Nurserymen and Growers Association, the Florida Chapter

257

of the American Society of Landscape Architects, the Florida

258

Irrigation Society, the Department of Agriculture and Consumer

259

Services, the Institute of Food and Agricultural Sciences, the

260

Department of Environmental Protection, the Department of

261

Transportation, the Florida League of Cities, the Florida

262

Association of Counties, and the Florida Association of Community

263

Developers to develop landscape irrigation and Florida-friendly

264

landscape xeriscape design standards for new construction which

265

incorporate a landscape irrigation system and develop

266

scientifically based model guidelines for urban, commercial, and

267

residential landscape irrigation, including drip irrigation, for

268

plants, trees, sod, and other landscaping. The landscape and

269

irrigation design standards shall be based on the irrigation code

270

defined in the Florida Building Code, Plumbing Volume, Appendix

271

F. Local governments shall use the standards and guidelines when

272

developing landscape irrigation and Florida-friendly landscape

273

xeriscape ordinances. Every 5 years, the agencies and entities

274

specified in this subsection shall review the standards and

275

guidelines to determine whether new research findings require a

276

change or modification of the standards and guidelines.

277

     Section 7.  Subsection (6) is added to section 373.236,

278

Florida Statutes, to read:

279

     373.236  Duration of permits; compliance reports.--

280

     (6)(a) The need for alternative water supply development

281

projects to meet anticipated public water supply demands of the

282

state is so important that it is essential to encourage

283

participation in and contribution to these projects by private

284

rural land owners who characteristically have relatively modest

285

near-term water demands but substantially increasing demands

286

after the 20-year planning horizon in s. 373.0361. Where such

287

landowners make extraordinary contributions of lands or

288

construction funding to enable the expeditious implementation of

289

such projects, water management districts and the department may

290

grant permits for such projects for a period of up to 50 years to

291

municipalities, counties, special districts, regional water

292

supply authorities, multijurisdictional water supply entities,

293

and publicly owned or privately owned utilities, with the

294

exception of any of the foregoing created for or by a private

295

landowner after April 1, 2008, which have entered into an

296

agreement with the private landowner for the purpose of more

297

efficiently pursuing alternative public water supply development

298

projects identified in a district's regional water supply plan

299

and of meeting water demands of both the applicant and the

300

landowner.

301

     (b) Any permit pursuant to paragraph (a) shall be granted

302

only for that period of time for which there is sufficient data

303

to provide reasonable assurance that the conditions for permit

304

issuance will be met. Such a permit shall require a compliance

305

report by the permittee every 5 years during the term of the

306

permit. The report shall contain sufficient data to maintain

307

reasonable assurance that the conditions for permit issuance

308

applicable at the time of district review of the compliance

309

report are met. Following review of this report, the governing

310

board or the department may modify the permit to ensure that the

311

use meets the conditions for issuance. This subsection does not

312

limit the existing authority of the department or the governing

313

board to modify or revoke a consumptive use permit.

314

     Section 8.  Paragraph (a) of subsection (3) of section

315

380.061, Florida Statutes, is amended to read:

316

     380.061  The Florida Quality Developments program.--

317

     (3)(a)  To be eligible for designation under this program,

318

the developer shall comply with each of the following

319

requirements which is applicable to the site of a qualified

320

development:

321

     1.  Have donated or entered into a binding commitment to

322

donate the fee or a lesser interest sufficient to protect, in

323

perpetuity, the natural attributes of the types of land listed

324

below. In lieu of the above requirement, the developer may enter

325

into a binding commitment which runs with the land to set aside

326

such areas on the property, in perpetuity, as open space to be

327

retained in a natural condition or as otherwise permitted under

328

this subparagraph. Under the requirements of this subparagraph,

329

the developer may reserve the right to use such areas for the

330

purpose of passive recreation that is consistent with the

331

purposes for which the land was preserved.

332

     a.  Those wetlands and water bodies throughout the state as

333

would be delineated if the provisions of s. 373.4145(1)(b) were

334

applied. The developer may use such areas for the purpose of site

335

access, provided other routes of access are unavailable or

336

impracticable; may use such areas for the purpose of stormwater

337

or domestic sewage management and other necessary utilities to

338

the extent that such uses are permitted pursuant to chapter 403;

339

or may redesign or alter wetlands and water bodies within the

340

jurisdiction of the Department of Environmental Protection which

341

have been artificially created, if the redesign or alteration is

342

done so as to produce a more naturally functioning system.

343

     b.  Active beach or primary and, where appropriate,

344

secondary dunes, to maintain the integrity of the dune system and

345

adequate public accessways to the beach. However, the developer

346

may retain the right to construct and maintain elevated walkways

347

over the dunes to provide access to the beach.

348

     c.  Known archaeological sites determined to be of

349

significance by the Division of Historical Resources of the

350

Department of State.

351

     d.  Areas known to be important to animal species designated

352

as endangered or threatened animal species by the United States

353

Fish and Wildlife Service or by the Fish and Wildlife

354

Conservation Commission, for reproduction, feeding, or nesting;

355

for traveling between such areas used for reproduction, feeding,

356

or nesting; or for escape from predation.

357

     e.  Areas known to contain plant species designated as

358

endangered plant species by the Department of Agriculture and

359

Consumer Services.

360

     2.  Produce, or dispose of, no substances designated as

361

hazardous or toxic substances by the United States Environmental

362

Protection Agency or by the Department of Environmental

363

Protection or the Department of Agriculture and Consumer

364

Services. This subparagraph is not intended to apply to the

365

production of these substances in nonsignificant amounts as would

366

occur through household use or incidental use by businesses.

367

     3.  Participate in a downtown reuse or redevelopment program

368

to improve and rehabilitate a declining downtown area.

369

     4.  Incorporate no dredge and fill activities in, and no

370

stormwater discharge into, waters designated as Class II, aquatic

371

preserves, or Outstanding Florida Waters, except as activities in

372

those waters are permitted pursuant to s. 403.813(2) and the

373

developer demonstrates that those activities meet the standards

374

under Class II waters, Outstanding Florida Waters, or aquatic

375

preserves, as applicable.

376

     5. Include open space, recreation areas, Florida-friendly

377

landscape Xeriscape as defined in s. 373.185, and energy

378

conservation and minimize impermeable surfaces as appropriate to

379

the location and type of project.

380

     6.  Provide for construction and maintenance of all onsite

381

infrastructure necessary to support the project and enter into a

382

binding commitment with local government to provide an

383

appropriate fair-share contribution toward the offsite impacts

384

which the development will impose on publicly funded facilities

385

and services, except offsite transportation, and condition or

386

phase the commencement of development to ensure that public

387

facilities and services, except offsite transportation, will be

388

available concurrent with the impacts of the development. For the

389

purposes of offsite transportation impacts, the developer shall

390

comply, at a minimum, with the standards of the state land

391

planning agency's development-of-regional-impact transportation

392

rule, the approved strategic regional policy plan, any applicable

393

regional planning council transportation rule, and the approved

394

local government comprehensive plan and land development

395

regulations adopted pursuant to part II of chapter 163.

396

     7.  Design and construct the development in a manner that is

397

consistent with the adopted state plan, the applicable strategic

398

regional policy plan, and the applicable adopted local government

399

comprehensive plan.

400

     Section 9.  Subsection (3) of section 388.291, Florida

401

Statutes, is amended to read:

402

     388.291  Source reduction measures; supervision by

403

department.--

404

     (3)  Property owners in a developed residential area are

405

required to maintain their property in such a manner so as not to

406

create or maintain any standing freshwater condition capable of

407

breeding mosquitoes or other arthropods in significant numbers so

408

as to constitute a public health, welfare, or nuisance problem.

409

Nothing in This subsection does not shall permit the alteration

410

of permitted stormwater management systems or prohibit maintained

411

fish ponds, Florida-friendly landscaping xeriscaping, or other

412

maintained systems of landscaping or vegetation. If such a

413

condition is found to exist, the local arthropod control agency

414

shall serve notice on the property owner to treat, remove, or

415

abate the condition. Such notice shall serve as prima facie

416

evidence of maintaining a nuisance, and upon failure of the

417

property owner to treat, remove, or abate the condition, the

418

local arthropod control agency or any affected citizen may

419

proceed pursuant to s. 60.05 to enjoin the nuisance and may

420

recover costs and attorney's fees if they prevail in the action.

421

     Section 10.  Subsection (6) of section 481.303, Florida

422

Statutes, is amended to read:

423

     481.303  Definitions.--As used in this chapter:

424

     (6)  "Landscape architecture" means professional services,

425

including, but not limited to, the following:

426

     (a)  Consultation, investigation, research, planning,

427

design, preparation of drawings, specifications, contract

428

documents and reports, responsible construction supervision, or

429

landscape management in connection with the planning and

430

development of land and incidental water areas, including the use

431

of Florida-friendly landscape Xeriscape as defined in s. 373.185,

432

where, and to the extent that, the dominant purpose of such

433

services or creative works is the preservation, conservation,

434

enhancement, or determination of proper land uses, natural land

435

features, ground cover and plantings, or naturalistic and

436

aesthetic values;

437

     (b)  The determination of settings, grounds, and approaches

438

for and the siting of buildings and structures, outdoor areas, or

439

other improvements;

440

     (c)  The setting of grades, shaping and contouring of land

441

and water forms, determination of drainage, and provision for

442

storm drainage and irrigation systems where such systems are

443

necessary to the purposes outlined herein; and

444

     (d)  The design of such tangible objects and features as are

445

necessary to the purpose outlined herein.

446

     Section 11.  Subsection (4) of section 720.3075, Florida

447

Statutes, is amended to read:

448

     720.3075  Prohibited clauses in association documents.--

449

     (4)  Homeowners' association documents, including

450

declarations of covenants, articles of incorporation, or bylaws,

451

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

452

owner from implementing Xeriscape or Florida-friendly landscape,

453

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

454

     Section 12.  This act shall take effect July 1, 2008.

455

456

================ T I T L E  A M E N D M E N T ================

457

And the title is amended as follows:

458

     Delete everything before the enacting clause

459

and insert:

460

A bill to be entitled

461

An act relating to water resources; amending s. 125.568,

462

F.S.; revising the principles of Florida-friendly

463

landscape; deleting references to "xeriscape"; amending s.

464

166.048, F.S.; revising the principles of Florida-friendly

465

landscape; deleting references to "xeriscape"; amending s.

466

373.185, F.S.; revising the principles of Florida-friendly

467

landscape; deleting references to "xeriscape"; revising

468

eligibility criteria for certain water management district

469

incentive programs; requiring certain local government

470

ordinances and amendments to incorporate specified

471

landscape irrigation and design standards; requiring water

472

management districts to consult with additional entities

473

for activities relating to Florida-friendly landscaping

474

practices; specifying the University of Florida's Yards

475

and Neighborhoods extension program or a similar program

476

as a primary resource for the delivery of educational

477

programs relating to such practices; providing that

478

certain developments and residential units are Florida-

479

friendly landscaped areas and exempt from certain

480

regulations; amending s. 373.236, F.S.; authorizing water

481

management districts and the Department of Environmental

482

Protection to grant permits as incentives for landowners

483

to pursue alternative water resource projects; providing

484

requirements for the permits; amending ss. 255.259,

485

335.167, 373.228, 380.061, 388.291, 481.303, and 720.3075,

486

F.S.; conforming provisions to changes made by the act;

487

providing an effective date.

4/15/2008  3:00:00 PM     13-07648-08