HB 7151

1	A bill to be entitled
2	An act relating to water conservation; amending s.
3	373.236, F.S.; providing incentives for certain
4	alternative water supply development projects; authorizing
5	water management districts and the Department of
6	Environmental Protection to grant permits for such
7	projects; specifying conditions for such permits; amending
8	s. 163.3177, F.S.; authorizing transferable rural land use
9	credits and specified incentives for certain alternative
10	water supply projects; amending s. 373.1961, F.S.;
11	revising funding determination criteria for alternative
12	water supply projects; amending s. 373.185, F.S.; revising
13	the principles of Florida-friendly landscape; deleting
14	references to "xeriscape"; revising eligibility criteria
15	for certain water management district incentive programs;
16	requiring certain local government ordinances and
17	amendments to incorporate specified landscape irrigation
18	and design standards and identify specified invasive
19	exotic plant species; requiring water management districts
20	to consult with additional entities for activities
21	relating to Florida-friendly landscaping practices;
22	specifying the University of Florida's Yards and
23	Neighborhoods extension program or a similar program as a
24	primary resource for the delivery of educational programs
25	relating to such practices; providing an exemption from
26	certain rulemaking requirements; providing construction;
27	prohibiting the creation of conflicting requirements or
28	limitations; providing legislative findings; amending ss.
29	125.568, 166.048, 255.259, 335.167, 373.228, 380.061,
30	388.291, 481.303, and 720.3075, F.S.; conforming
31	provisions to changes made by the act; providing an
32	effective date.
33
34	Be It Enacted by the Legislature of the State of Florida:
35
36	Section 1.  Subsection (6) is added to section 373.236,
37	Florida Statutes, to read:
38	373.236  Duration of permits; compliance reports.--
39	(6)(a)  The need for alternative water supply development
40	projects to meet anticipated public water supply demands of the
41	state is such that it is essential to encourage participation in
42	and contribution to such projects by private rural landowners
43	who characteristically have relatively modest near-term water
44	demands but substantially increasing demands after the 20-year
45	planning horizon provided in s. 373.0361. Where such landowners
46	make extraordinary contributions of lands or construction
47	funding to enable the expeditious implementation of such
48	projects, water management districts and the department are
49	authorized to grant permits for such projects for a period of up
50	to 50 years to municipalities, counties, special districts,
51	regional water supply authorities, multijurisdictional water
52	supply entities, and publicly owned or privately owned utilities
53	created for or by the private landowners on or before April 1,
54	2008, which entities have entered into an agreement with the
55	private landowner, for the purposes of more efficiently pursuing
56	alternative public water supply development projects identified
57	in a district's regional water supply plan and meeting water
58	demands of both the applicant and the landowner.
59	(b)  Any permit pursuant to paragraph (a) shall be granted
60	only for that period of time for which there is sufficient data
61	to provide reasonable assurance that the conditions for permit
62	issuance will be met. Such a permit shall require a compliance
63	report by the permittee every 5 years during the term of the
64	permit. The report shall contain sufficient data to maintain
65	reasonable assurance that the conditions for permit issuance,
66	applicable at the time of district review of the compliance
67	report, are met. Following review of the report, the governing
68	board or the department may modify the permit to ensure that the
69	use meets the conditions for issuance. This paragraph shall not
70	be construed to limit the existing authority of the department
71	or the governing board to modify or revoke a consumptive use
72	permit.
73	Section 2.  Paragraph (d) of subsection (11) of section
74	163.3177, Florida Statutes, is amended to read:
75	163.3177  Required and optional elements of comprehensive
76	plan; studies and surveys.--
77	(11)
78	(d)1.  The department, in cooperation with the Department
79	of Agriculture and Consumer Services, the Department of
80	Environmental Protection, water management districts, and
81	regional planning councils, shall provide assistance to local
82	governments in the implementation of this paragraph and rule 9J-
83	5.006(5)(l), Florida Administrative Code. Implementation of
84	those provisions shall include a process by which the department
85	may authorize local governments to designate all or portions of
86	lands classified in the future land use element as predominantly
87	agricultural, rural, open, open-rural, or a substantively
88	equivalent land use, as a rural land stewardship area within
89	which planning and economic incentives are applied to encourage
90	the implementation of innovative and flexible planning and
91	development strategies and creative land use planning
92	techniques, including those contained herein and in rule 9J-
93	5.006(5)(l), Florida Administrative Code. Assistance may
94	include, but is not limited to:
95	a.  Assistance from the Department of Environmental
96	Protection and water management districts in creating the
97	geographic information systems land cover database and aerial
98	photogrammetry needed to prepare for a rural land stewardship
99	area;
100	b.  Support for local government implementation of rural
101	land stewardship concepts by providing information and
102	assistance to local governments regarding land acquisition
103	programs that may be used by the local government or landowners
104	to leverage the protection of greater acreage and maximize the
105	effectiveness of rural land stewardship areas; and
106	c.  Expansion of the role of the Department of Community
107	Affairs as a resource agency to facilitate establishment of
108	rural land stewardship areas in smaller rural counties that do
109	not have the staff or planning budgets to create a rural land
110	stewardship area.
111	2.  The department shall encourage participation by local
112	governments of different sizes and rural characteristics in
113	establishing and implementing rural land stewardship areas. It
114	is the intent of the Legislature that rural land stewardship
115	areas be used to further the following broad principles of rural
116	sustainability: restoration and maintenance of the economic
117	value of rural land; control of urban sprawl; identification and
118	protection of ecosystems, habitats, and natural resources;
119	promotion of rural economic activity; maintenance of the
120	viability of Florida's agricultural economy; and protection of
121	the character of rural areas of Florida. Rural land stewardship
122	areas may be multicounty in order to encourage coordinated
123	regional stewardship planning.
124	3.  A local government, in conjunction with a regional
125	planning council, a stakeholder organization of private land
126	owners, or another local government, shall notify the department
127	in writing of its intent to designate a rural land stewardship
128	area. The written notification shall describe the basis for the
129	designation, including the extent to which the rural land
130	stewardship area enhances rural land values, controls urban
131	sprawl, provides necessary open space for agriculture and
132	protection of the natural environment, promotes rural economic
133	activity, and maintains rural character and the economic
134	viability of agriculture.
135	4.  A rural land stewardship area shall be not less than
136	10,000 acres and shall be located outside of municipalities and
137	established urban growth boundaries, and shall be designated by
138	plan amendment. The plan amendment designating a rural land
139	stewardship area shall be subject to review by the Department of
140	Community Affairs pursuant to s. 163.3184 and shall provide for
141	the following:
142	a.  Criteria for the designation of receiving areas within
143	rural land stewardship areas in which innovative planning and
144	development strategies may be applied. Criteria shall at a
145	minimum provide for the following: adequacy of suitable land to
146	accommodate development so as to avoid conflict with
147	environmentally sensitive areas, resources, and habitats;
148	compatibility between and transition from higher density uses to
149	lower intensity rural uses; the establishment of receiving area
150	service boundaries which provide for a separation between
151	receiving areas and other land uses within the rural land
152	stewardship area through limitations on the extension of
153	services; and connection of receiving areas with the rest of the
154	rural land stewardship area using rural design and rural road
155	corridors.
156	b.  Goals, objectives, and policies setting forth the
157	innovative planning and development strategies to be applied
158	within rural land stewardship areas pursuant to the provisions
159	of this section.
160	c.  A process for the implementation of innovative planning
161	and development strategies within the rural land stewardship
162	area, including those described in this subsection and rule 9J-
163	5.006(5)(l), Florida Administrative Code, which provide for a
164	functional mix of land uses, including adequate available
165	workforce housing, including low, very-low and moderate income
166	housing for the development anticipated in the receiving area
167	and which are applied through the adoption by the local
168	government of zoning and land development regulations applicable
169	to the rural land stewardship area.
170	d.  A process which encourages visioning pursuant to s.
171	163.3167(11) to ensure that innovative planning and development
172	strategies comply with the provisions of this section.
173	e.  The control of sprawl through the use of innovative
174	strategies and creative land use techniques consistent with the
175	provisions of this subsection and rule 9J-5.006(5)(l), Florida
176	Administrative Code.
177	5.  A receiving area shall be designated by the adoption of
178	a land development regulation. Prior to the designation of a
179	receiving area, the local government shall provide the
180	Department of Community Affairs a period of 30 days in which to
181	review a proposed receiving area for consistency with the rural
182	land stewardship area plan amendment and to provide comments to
183	the local government. At the time of designation of a
184	stewardship receiving area, a listed species survey will be
185	performed. If listed species occur on the receiving area site,
186	the developer shall coordinate with each appropriate local,
187	state, or federal agency to determine if adequate provisions
188	have been made to protect those species in accordance with
189	applicable regulations. In determining the adequacy of
190	provisions for the protection of listed species and their
191	habitats, the rural land stewardship area shall be considered as
192	a whole, and the impacts to areas to be developed as receiving
193	areas shall be considered together with the environmental
194	benefits of areas protected as sending areas in fulfilling this
195	criteria.
196	6.  Upon the adoption of a plan amendment creating a rural
197	land stewardship area, the local government shall, by ordinance,
198	establish the methodology for the creation, conveyance, and use
199	of transferable rural land use credits, otherwise referred to as
200	stewardship credits, the application of which shall not
201	constitute a right to develop land, nor increase density of
202	land, except as provided by this section. The total amount of
203	transferable rural land use credits within the rural land
204	stewardship area must enable the realization of the long-term
205	vision and goals for the 25-year or greater projected population
206	of the rural land stewardship area, which may take into
207	consideration the anticipated effect of the proposed receiving
208	areas. Transferable rural land use credits are subject to the
209	following limitations:
210	a.  Transferable rural land use credits may only exist
211	within a rural land stewardship area.
212	b.  Transferable rural land use credits may only be used on
213	lands designated as receiving areas and then solely for the
214	purpose of implementing innovative planning and development
215	strategies and creative land use planning techniques adopted by
216	the local government pursuant to this section.
217	c.  Transferable rural land use credits assigned to a
218	parcel of land within a rural land stewardship area shall cease
219	to exist if the parcel of land is removed from the rural land
220	stewardship area by plan amendment.
221	d.  Neither the creation of the rural land stewardship area
222	by plan amendment nor the assignment of transferable rural land
223	use credits by the local government shall operate to displace
224	the underlying density of land uses assigned to a parcel of land
225	within the rural land stewardship area; however, if transferable
226	rural land use credits are transferred from a parcel for use
227	within a designated receiving area, the underlying density
228	assigned to the parcel of land shall cease to exist.
229	e.  The underlying density on each parcel of land located
230	within a rural land stewardship area shall not be increased or
231	decreased by the local government, except as a result of the
232	conveyance or use of transferable rural land use credits, as
233	long as the parcel remains within the rural land stewardship
234	area.
235	f.  Transferable rural land use credits shall cease to
236	exist on a parcel of land where the underlying density assigned
237	to the parcel of land is utilized.
238	g.  An increase in the density of use on a parcel of land
239	located within a designated receiving area may occur only
240	through the assignment or use of transferable rural land use
241	credits and shall not require a plan amendment.
242	h.  A change in the density of land use on parcels located
243	within receiving areas shall be specified in a development order
244	which reflects the total number of transferable rural land use
245	credits assigned to the parcel of land and the infrastructure
246	and support services necessary to provide for a functional mix
247	of land uses corresponding to the plan of development.
248	i.  Land within a rural land stewardship area may be
249	removed from the rural land stewardship area through a plan
250	amendment.
251	j.  Transferable rural land use credits may be assigned at
252	different ratios of credits per acre according to the natural
253	resource or other beneficial use characteristics of the land and
254	according to the land use remaining following the transfer of
255	credits, with the highest number of credits per acre assigned to
256	the most environmentally valuable land, alternative water supply
257	development projects identified in the regional water supply
258	plan, or water quality enhancement as part of the plan approved
259	by the Legislature or water management district for the
260	restoration of Lake Okeechobee, estuaries that receive waters
261	from Lake Okeechobee, and the Northern Everglades or, in
262	locations where the retention of open space and agricultural
263	land is a priority, to such lands.
264	k.  The use or conveyance of transferable rural land use
265	credits must be recorded in the public records of the county in
266	which the property is located as a covenant or restrictive
267	easement running with the land in favor of the county and either
268	the Department of Environmental Protection, Department of
269	Agriculture and Consumer Services, a water management district,
270	or a recognized statewide land trust.
271	7.  Owners of land within rural land stewardship areas
272	should be provided incentives to enter into rural land
273	stewardship agreements, pursuant to existing law and rules
274	adopted thereto, with state agencies, water management
275	districts, and local governments to achieve mutually agreed upon
276	conservation objectives. Such incentives may include, but not be
277	limited to, the following:
278	a.  Opportunity to accumulate transferable mitigation
279	credits.
280	b.  Extended permit agreements.
281	c.  Opportunities for recreational leases and ecotourism.
282	d.  Payment for specified land management services on
283	publicly owned land, or property under covenant or restricted
284	easement in favor of a public entity.
285	e.  Option agreements for sale to public entities or
286	private land conservation entities, in either fee or easement,
287	upon achievement of conservation objectives.
288	f.  In the case of an alternative water supply project,
289	such as a surface reservoir or an aquifer storage and recovery
290	well, that is incorporated into the rural land stewardship area
291	and is identified in the regional water supply plan,
292	consideration for funding under the Water Protection and
293	Sustainability Program pursuant to s. 373.1961(3)(g) and
294	consideration as a preferred water supply source under s.
295	373.2234.
296	8.  The department shall report to the Legislature on an
297	annual basis on the results of implementation of rural land
298	stewardship areas authorized by the department, including
299	successes and failures in achieving the intent of the
300	Legislature as expressed in this paragraph.
301	Section 3.  Paragraph (g) of subsection (3) of section
302	373.1961, Florida Statutes, is amended to read:
303	373.1961  Water production; general powers and duties;
304	identification of needs; funding criteria; economic incentives;
305	reuse funding.--
306	(3)  FUNDING.--
307	(g)  Additional factors to be considered in determining
308	project funding shall include:
309	1.  Whether the project is part of a plan to implement two
310	or more alternative water supply projects, all of which will be
311	operated to produce water at a uniform rate for the participants
312	in a multijurisdictional water supply entity or regional water
313	supply authority.
314	2.  The percentage of project costs to be funded by the
315	water supplier or water user.
316	3.  Whether the project proposal includes sufficient
317	preliminary planning and engineering to demonstrate that the
318	project can reasonably be implemented within the timeframes
319	provided in the regional water supply plan.
320	4.  Whether the project is a subsequent phase of an
321	alternative water supply project that is underway.
322	5.  Whether and in what percentage a local government or
323	local government utility is transferring water supply system
324	revenues to the local government general fund in excess of
325	reimbursements for services received from the general fund,
326	including direct and indirect costs and legitimate payments in
327	lieu of taxes.
328	6.  Whether the project is included in a rural land
329	stewardship area under s. 163.3177(11).
330	Section 4.  Section 373.185, Florida Statutes, is amended
331	to read:
332	373.185  Local Florida-friendly landscape Xeriscape
333	ordinances.--
334	(1)  As used in this section, the term:
335	(a)  "Local government" means any county or municipality of
336	the state.
337	(b)  "Xeriscape" or "Florida-friendly landscape" means
338	quality landscapes that conserve water, and protect the
339	environment, and are adaptable to local conditions, and which
340	are drought tolerant. The principles of Florida-friendly
341	landscape Xeriscape include planting the right plant in the
342	right place, efficient watering, appropriate fertilization,
343	mulching, attraction of wildlife, responsible management of yard
344	pests, recycling yard waste, reduction of stormwater runoff, and
345	waterfront protection. Additional components of Florida-friendly
346	landscape include planning and design, appropriate choice of
347	plants, soil analysis which may include the use of solid waste
348	compost, efficient irrigation, practical use of turf,
349	appropriate use of mulches, and proper maintenance.
350	(2)  Each water management district shall design and
351	implement an incentive program to encourage all local
352	governments within its district to adopt new ordinances or amend
353	existing ordinances to require Florida-friendly Xeriscape
354	landscaping for development permitted after the effective date
355	of the new ordinance or amendment. Each district shall establish
356	criteria adopt rules governing the implementation of its
357	incentive program and governing the review and approval of local
358	government Florida-friendly landscape Xeriscape ordinances or
359	amendments which are intended to qualify a local government for
360	the incentive program. Each district shall assist the local
361	governments within its jurisdiction by providing a model
362	Florida-friendly landscape Xeriscape code and other technical
363	assistance. A local government Florida-friendly landscape
364	Xeriscape ordinance or amendment, in order to qualify the local
365	government for a district's incentive program, must include, at
366	a minimum:
367	(a)  Landscape design, installation, and maintenance
368	standards that result in water conservation. Such standards
369	shall address the use of plant groupings, soil analysis
370	including the promotion of the use of solid waste compost,
371	efficient irrigation systems, and other water-conserving
372	practices.
373	(b)  Identification of prohibited invasive exotic plant
374	species consistent with the provisions of s. 581.091.
375	(c)  Identification of controlled plant species,
376	accompanied by the conditions under which such plants may be
377	used.
378	(d)  A provision specifying the maximum percentage of turf
379	and the maximum percentage of impervious surfaces allowed in a
380	Florida-friendly landscaped xeriscaped area and addressing the
381	practical selection and installation of turf.
382	(e)  Specific standards for land clearing and requirements
383	for the preservation of existing native vegetation.
384	(f)  A monitoring program for ordinance implementation and
385	compliance.
386	(g)  Incorporation of the landscape irrigation and Florida-
387	friendly landscape design standards developed pursuant to s.
388	373.228(4).
389
390	The districts also shall work with local governments, county
391	extension agents or offices, nursery and landscape industry
392	groups, and other interested stakeholders to promote, through
393	educational programs and publications, the use of Florida-
394	friendly landscape Xeriscape practices, including the use of
395	solid waste compost, in existing residential and commercial
396	development. The districts shall use the University of Florida's
397	Yards and Neighborhoods extension program or a similar program
398	as a primary resource for the delivery of educational programs
399	to individual homeowners and homeowners' associations. This
400	subsection is not subject to the rulemaking requirements of
401	chapter 120 section may not be construed to limit the authority
402	of the districts to require Xeriscape ordinances or practices as
403	a condition of any consumptive use permit.
404	(3)  This section may not be construed to limit the
405	authority of the districts to require Florida-friendly landscape
406	ordinances or practices as a condition of any permit under part
407	II or part IV of this chapter.
408	(4)(3)  A deed restriction, or covenant entered after
409	October 1, 2001, or local government ordinance may not prohibit
410	any property owner from implementing Xeriscape or Florida-
411	friendly landscape on his or her land or create any requirement
412	or limitation in conflict with any provision of part II or a
413	water shortage order, other order, consumptive use permit, or
414	rule adopted or issued pursuant to part II. A deed restriction,
415	covenant, or local government ordinance may not be enforced to
416	prohibit a property owner from implementing Florida-friendly
417	landscaping, nor shall such restriction, covenant, or ordinance
418	create any such conflicting requirement or limitation. The
419	Legislature finds that the use of Florida-friendly landscaping
420	and other measures that conserve Florida's water resources
421	serves a compelling public interest and that the participation
422	of homeowners' associations and local governments is essential
423	to state water conservation efforts.
424	Section 5.  Section 125.568, Florida Statutes, is amended
425	to read:
426	125.568  Conservation of water; Florida-friendly landscape
427	Xeriscape.--
428	(1)(a)  The Legislature finds that Florida-friendly
429	landscape, as implemented in s. 373.185, Xeriscape contributes
430	to the conservation of water. In an effort to meet the water
431	needs of this state in a manner that will supply adequate and
432	dependable supplies of water where needed, it is the intent of
433	the Legislature that Florida-friendly landscape Xeriscape be an
434	essential part of water conservation planning.
435	(b)  "Xeriscape" or "Florida-friendly landscape" means
436	quality landscapes that conserve water, and protect the
437	environment, and are adaptable to local conditions, and which
438	are drought tolerant. The principles of Florida-friendly
439	landscape Xeriscape include planting the right plant in the
440	right place, efficient watering, appropriate fertilization,
441	mulching, attraction of wildlife, responsible management of yard
442	pests, recycling yard waste, reduction of stormwater runoff, and
443	waterfront protection. Additional components of Florida-friendly
444	landscape include planning and design, appropriate choice of
445	plants, soil analysis which may include the use of solid waste
446	compost, practical use of turf, efficient irrigation,
447	appropriate use of mulches, and proper maintenance.
448	(2)  The board of county commissioners of each county shall
449	consider enacting ordinances requiring the use of Florida-
450	friendly landscape Xeriscape as a water conservation measure. If
451	the board determines that Florida-friendly landscape Xeriscape
452	would be of significant benefit as a water conservation measure
453	relative to the cost to implement Florida-friendly Xeriscape
454	landscaping in its area of jurisdiction, the board shall enact a
455	Florida-friendly landscape Xeriscape ordinance. Further, the
456	board of county commissioners shall consider promoting Florida-
457	friendly landscape Xeriscape as a water conservation measure by:
458	using Florida-friendly landscape Xeriscape in, around, or near
459	facilities, parks, and other common areas under its jurisdiction
460	that which are landscaped after the effective date of this act;
461	providing public education on Florida-friendly landscape
462	Xeriscape, its uses as a water conservation tool, and its long-
463	term cost-effectiveness; and offering incentives to local
464	residents and businesses to implement Florida-friendly Xeriscape
465	landscaping.
466	(3)  A deed restriction, or covenant entered after October
467	1, 2001, or local government ordinance may not prohibit any
468	property owner from implementing Xeriscape or Florida-friendly
469	landscape on his or her land.
470	Section 6.  Section 166.048, Florida Statutes, is amended
471	to read:
472	166.048  Conservation of water; Florida-friendly landscape
473	Xeriscape.--
474	(1)(a)  The Legislature finds that Florida-friendly
475	landscape, as implemented in s. 373.185, Xeriscape contributes
476	to the conservation of water. In an effort to meet the water
477	needs of this state in a manner that will supply adequate and
478	dependable supplies of water where needed, it is the intent of
479	the Legislature that Florida-friendly landscape Xeriscape be an
480	essential part of water conservation planning.
481	(b)  "Xeriscape" or "Florida-friendly landscape" means
482	quality landscapes that conserve water, and protect the
483	environment, and are adaptable to local conditions, and which
484	are drought tolerant. The principles of Florida-friendly
485	landscape Xeriscape include planting the right plant in the
486	right place, efficient watering, appropriate fertilization,
487	mulching, attraction of wildlife, responsible management of yard
488	pests, recycling yard waste, reduction of stormwater runoff, and
489	waterfront protection. Additional components of Florida-friendly
490	landscape include planning and design, appropriate choice of
491	plants, soil analysis which may include the use of solid waste
492	compost, practical use of turf, efficient irrigation,
493	appropriate use of mulches, and proper maintenance.
494	(2)  The governing body of each municipality shall consider
495	enacting ordinances requiring the use of Florida-friendly
496	landscape Xeriscape as a water conservation measure. If the
497	governing body determines that Florida-friendly landscape
498	Xeriscape would be of significant benefit as a water
499	conservation measure relative to the cost to implement Florida-
500	friendly Xeriscape landscaping in its area of jurisdiction in
501	the municipality, the board shall enact a Florida-friendly
502	landscape Xeriscape ordinance. Further, the governing body shall
503	consider promoting Florida-friendly landscape Xeriscape as a
504	water conservation measure by: using Florida-friendly landscape
505	Xeriscape in, around, or near facilities, parks, and other
506	common areas under its jurisdiction that which are landscaped
507	after the effective date of this act; providing public education
508	on Florida-friendly landscape Xeriscape, its uses as a water
509	conservation tool, and its long-term cost-effectiveness; and
510	offering incentives to local residents and businesses to
511	implement Florida-friendly Xeriscape landscaping.
512	(3)  A deed restriction, or covenant entered after October
513	1, 2001, or local government ordinance may not prohibit any
514	property owner from implementing Xeriscape or Florida-friendly
515	landscape on his or her land.
516	Section 7.  Section 255.259, Florida Statutes, is amended
517	to read:
518	255.259  Florida-friendly Xeriscape landscaping on public
519	property.--
520	(1)  The Legislature finds that water conservation is
521	increasingly critical to the continuance of an adequate water
522	supply for the citizens of this state. The Legislature further
523	finds that "Florida-friendly landscape Xeriscape," as
524	implemented defined in s. 373.185, can contribute significantly
525	to the conservation of water. Finally, the Legislature finds
526	that state government has the responsibility to promote Florida-
527	friendly landscape Xeriscape as a water conservation measure by
528	using Florida-friendly landscape Xeriscape on public property
529	associated with publicly owned buildings or facilities.
530	(2)  As used in this section, "publicly owned buildings or
531	facilities" means those construction projects under the purview
532	of the Department of Management Services. It does not include
533	environmentally endangered land or roads and highway
534	construction under the purview of the Department of
535	Transportation.
536	(3)  The Department of Management Services, in consultation
537	with the Department of Environmental Protection, shall adopt
538	rules and guidelines for the required use of Florida-friendly
539	landscape Xeriscape on public property associated with publicly
540	owned buildings or facilities constructed after June 30, 1992.
541	The Department of Management Services also shall develop a 5-
542	year program for phasing in the use of Florida-friendly
543	landscape Xeriscape on public property associated with publicly
544	owned buildings or facilities constructed before July 1, 1992.
545	In accomplishing these tasks, the Department of Management
546	Services shall take into account the guidelines set out in s.
547	373.185(2)(a)-(g)(a)-(f). The Department of Transportation shall
548	implement Florida-friendly Xeriscape landscaping pursuant to s.
549	335.167.
550	(4)  A deed restriction, or covenant entered after October
551	1, 2001, or local government ordinance may not prohibit any
552	property owner from implementing Xeriscape or Florida-friendly
553	landscape on his or her land.
554	Section 8.  Section 335.167, Florida Statutes, is amended
555	to read:
556	335.167  State highway construction and maintenance;
557	Xeriscape or Florida-friendly landscaping.--
558	(1)  The department shall use and require the use of
559	Florida-friendly landscape Xeriscape practices, as implemented
560	defined in s. 373.185(1), in the construction and maintenance of
561	all new state highways, wayside parks, access roads, welcome
562	stations, and other state highway rights-of-way constructed upon
563	or acquired after June 30, 1992. The department shall develop a
564	5-year program for phasing in the use of Florida-friendly
565	landscape Xeriscape, including the use of solid waste compost,
566	in state highway rights-of-way constructed upon or acquired
567	before July 1, 1992. In accomplishing these tasks, the
568	department shall employ the guidelines set out in s.
569	373.185(2)(a)-(g)(a)-(f).
570	(2)  A deed restriction, or covenant entered after October
571	1, 2001, or local government ordinance may not prohibit any
572	property owner from implementing Xeriscape or Florida-friendly
573	landscape on his or her land.
574	Section 9.  Subsections (2) and (4) of section 373.228,
575	Florida Statutes, are amended to read:
576	373.228  Landscape irrigation design.--
577	(2)  The Legislature finds that landscape irrigation
578	comprises a significant portion of water use and that the
579	current typical landscape irrigation system and Florida-friendly
580	landscape xeriscape designs offer significant potential water
581	conservation benefits.
582	(4)  The water management districts shall work with the
583	Florida Nurserymen and Growers Association, the Florida Chapter
584	of the American Society of Landscape Architects, the Florida
585	Irrigation Society, the Department of Agriculture and Consumer
586	Services, the Institute of Food and Agricultural Sciences, the
587	Department of Environmental Protection, the Department of
588	Transportation, the Florida League of Cities, the Florida
589	Association of Counties, and the Florida Association of
590	Community Developers to develop landscape irrigation and
591	Florida-friendly landscape xeriscape design standards for new
592	construction which incorporate a landscape irrigation system and
593	develop scientifically based model guidelines for urban,
594	commercial, and residential landscape irrigation, including drip
595	irrigation, for plants, trees, sod, and other landscaping. The
596	landscape and irrigation design standards shall be based on the
597	irrigation code defined in the Florida Building Code, Plumbing
598	Volume, Appendix F. Local governments shall use the standards
599	and guidelines when developing landscape irrigation and Florida-
600	friendly landscape xeriscape ordinances. Every 5 years, the
601	agencies and entities specified in this subsection shall review
602	the standards and guidelines to determine whether new research
603	findings require a change or modification of the standards and
604	guidelines.
605	Section 10.  Paragraph (a) of subsection (3) of section
606	380.061, Florida Statutes, is amended to read:
607	380.061  The Florida Quality Developments program.--
608	(3)(a)  To be eligible for designation under this program,
609	the developer shall comply with each of the following
610	requirements which is applicable to the site of a qualified
611	development:
612	1.  Have donated or entered into a binding commitment to
613	donate the fee or a lesser interest sufficient to protect, in
614	perpetuity, the natural attributes of the types of land listed
615	below. In lieu of the above requirement, the developer may enter
616	into a binding commitment which runs with the land to set aside
617	such areas on the property, in perpetuity, as open space to be
618	retained in a natural condition or as otherwise permitted under
619	this subparagraph. Under the requirements of this subparagraph,
620	the developer may reserve the right to use such areas for the
621	purpose of passive recreation that is consistent with the
622	purposes for which the land was preserved.
623	a.  Those wetlands and water bodies throughout the state as
624	would be delineated if the provisions of s. 373.4145(1)(b) were
625	applied. The developer may use such areas for the purpose of
626	site access, provided other routes of access are unavailable or
627	impracticable; may use such areas for the purpose of stormwater
628	or domestic sewage management and other necessary utilities to
629	the extent that such uses are permitted pursuant to chapter 403;
630	or may redesign or alter wetlands and water bodies within the
631	jurisdiction of the Department of Environmental Protection which
632	have been artificially created, if the redesign or alteration is
633	done so as to produce a more naturally functioning system.
634	b.  Active beach or primary and, where appropriate,
635	secondary dunes, to maintain the integrity of the dune system
636	and adequate public accessways to the beach. However, the
637	developer may retain the right to construct and maintain
638	elevated walkways over the dunes to provide access to the beach.
639	c.  Known archaeological sites determined to be of
640	significance by the Division of Historical Resources of the
641	Department of State.
642	d.  Areas known to be important to animal species
643	designated as endangered or threatened animal species by the
644	United States Fish and Wildlife Service or by the Fish and
645	Wildlife Conservation Commission, for reproduction, feeding, or
646	nesting; for traveling between such areas used for reproduction,
647	feeding, or nesting; or for escape from predation.
648	e.  Areas known to contain plant species designated as
649	endangered plant species by the Department of Agriculture and
650	Consumer Services.
651	2.  Produce, or dispose of, no substances designated as
652	hazardous or toxic substances by the United States Environmental
653	Protection Agency or by the Department of Environmental
654	Protection or the Department of Agriculture and Consumer
655	Services. This subparagraph is not intended to apply to the
656	production of these substances in nonsignificant amounts as
657	would occur through household use or incidental use by
658	businesses.
659	3.  Participate in a downtown reuse or redevelopment
660	program to improve and rehabilitate a declining downtown area.
661	4.  Incorporate no dredge and fill activities in, and no
662	stormwater discharge into, waters designated as Class II,
663	aquatic preserves, or Outstanding Florida Waters, except as
664	activities in those waters are permitted pursuant to s.
665	403.813(2) and the developer demonstrates that those activities
666	meet the standards under Class II waters, Outstanding Florida
667	Waters, or aquatic preserves, as applicable.
668	5.  Include open space, recreation areas, Florida-friendly
669	landscape Xeriscape as defined in s. 373.185, and energy
670	conservation and minimize impermeable surfaces as appropriate to
671	the location and type of project.
672	6.  Provide for construction and maintenance of all onsite
673	infrastructure necessary to support the project and enter into a
674	binding commitment with local government to provide an
675	appropriate fair-share contribution toward the offsite impacts
676	which the development will impose on publicly funded facilities
677	and services, except offsite transportation, and condition or
678	phase the commencement of development to ensure that public
679	facilities and services, except offsite transportation, will be
680	available concurrent with the impacts of the development. For
681	the purposes of offsite transportation impacts, the developer
682	shall comply, at a minimum, with the standards of the state land
683	planning agency's development-of-regional-impact transportation
684	rule, the approved strategic regional policy plan, any
685	applicable regional planning council transportation rule, and
686	the approved local government comprehensive plan and land
687	development regulations adopted pursuant to part II of chapter
688	163.
689	7.  Design and construct the development in a manner that
690	is consistent with the adopted state plan, the applicable
691	strategic regional policy plan, and the applicable adopted local
692	government comprehensive plan.
693	Section 11.  Subsection (3) of section 388.291, Florida
694	Statutes, is amended to read:
695	388.291  Source reduction measures; supervision by
696	department.--
697	(3)  Property owners in a developed residential area are
698	required to maintain their property in such a manner so as not
699	to create or maintain any standing freshwater condition capable
700	of breeding mosquitoes or other arthropods in significant
701	numbers so as to constitute a public health, welfare, or
702	nuisance problem. Nothing in this subsection shall permit the
703	alteration of permitted stormwater management systems or
704	prohibit maintained fish ponds, Florida-friendly landscaping
705	xeriscaping, or other maintained systems of landscaping or
706	vegetation. If such a condition is found to exist, the local
707	arthropod control agency shall serve notice on the property
708	owner to treat, remove, or abate the condition. Such notice
709	shall serve as prima facie evidence of maintaining a nuisance,
710	and upon failure of the property owner to treat, remove, or
711	abate the condition, the local arthropod control agency or any
712	affected citizen may proceed pursuant to s. 60.05 to enjoin the
713	nuisance and may recover costs and attorney's fees if they
714	prevail in the action.
715	Section 12.  Paragraph (a) of subsection (6) of section
716	481.303, Florida Statutes, is amended to read:
717	481.303  Definitions.--As used in this chapter:
718	(6)  "Landscape architecture" means professional services,
719	including, but not limited to, the following:
720	(a)  Consultation, investigation, research, planning,
721	design, preparation of drawings, specifications, contract
722	documents and reports, responsible construction supervision, or
723	landscape management in connection with the planning and
724	development of land and incidental water areas, including the
725	use of Florida-friendly landscape Xeriscape as implemented
726	defined in s. 373.185, where, and to the extent that, the
727	dominant purpose of such services or creative works is the
728	preservation, conservation, enhancement, or determination of
729	proper land uses, natural land features, ground cover and
730	plantings, or naturalistic and aesthetic values;
731	Section 13.  Subsection (4) of section 720.3075, Florida
732	Statutes, is amended to read:
733	720.3075  Prohibited clauses in association documents.--
734	(4)  Homeowners' association documents, including
735	declarations of covenants, articles of incorporation, or bylaws,
736	entered after October 1, 2001, may not prohibit any property
737	owner from implementing Xeriscape or Florida-friendly landscape,
738	as implemented defined in s. 373.185(1), on his or her land.
739	Section 14.  This act shall take effect July 1, 2008.

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