Florida Senate - 2009 SENATOR AMENDMENT
Bill No. SB 2080, 1st Eng.
Barcode 536382
LEGISLATIVE ACTION
Senate . House
.
.
.
Floor: 2/AD/3R .
04/30/2009 02:59 PM .
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
Senator Baker moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 211 - 212
4 and insert:
5 Section 3. Section 373.185, Florida Statutes, is amended to
6 read:
7 373.185 Local Florida-friendly landscaping 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 landscaping landscape”
13 means 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 such landscaping
16 Xeriscape include planting the right plant in the right place,
17 efficient watering, appropriate fertilization, mulching,
18 attraction of wildlife, responsible management of yard pests,
19 recycling yard waste, reduction of stormwater runoff, and
20 waterfront protection. Additional components include practices
21 such as landscape planning and design, appropriate choice of
22 plants, soil analysis, which may include the appropriate use of
23 solid waste compost, minimizing the use of efficient irrigation,
24 practical use of turf, appropriate use of mulches, and proper
25 maintenance.
26 (2) Each water management district shall design and
27 implement an incentive program to encourage all local
28 governments within its district to adopt new ordinances or amend
29 existing ordinances to require Florida-friendly Xeriscape
30 landscaping for development permitted after the effective date
31 of the new ordinance or amendment. Each district shall adopt
32 rules governing the implementation of its incentive program and
33 governing the review and approval of local government Xeriscape
34 ordinances or amendments which are intended to qualify a local
35 government for the incentive program. Each district shall assist
36 the local governments within its jurisdiction by providing a
37 model Florida-friendly landscaping ordinance Xeriscape code and
38 other technical assistance. Each district may develop its own
39 model or use a model contained in the “Florida-Friendly
40 Landscape Guidance Models for Ordinances, Covenants, and
41 Restrictions” manual developed by the department. To qualify for
42 a district’s incentive program, a local government Xeriscape
43 ordinance or amendment, in order to qualify the local government
44 for a district’s incentive program, must include, at a minimum:
45 (a) Landscape design, installation, and maintenance
46 standards that result in water conservation and water quality
47 protection or restoration. Such standards must shall address the
48 use of plant groupings, soil analysis including the promotion of
49 the use of solid waste compost, efficient irrigation systems,
50 and other water-conserving practices.
51 (b) Identification of prohibited invasive exotic plant
52 species consistent with s. 581.091.
53 (c) Identification of controlled plant species, accompanied
54 by the conditions under which such plants may be used.
55 (d) A provision specifying the maximum percentage of
56 irrigated turf and the maximum percentage of impervious surfaces
57 allowed in a Florida-friendly landscaped xeriscaped area and
58 addressing the practical selection and installation of turf.
59 (e) Specific standards for land clearing and requirements
60 for the preservation of existing native vegetation.
61 (f) A monitoring program for ordinance implementation and
62 compliance.
63 (3) Each water management district shall also The districts
64 also shall work with the department, local governments, county
65 extension agents or offices, nursery and landscape industry
66 groups, and other interested stakeholders to promote, through
67 educational programs, and publications, and other district
68 activities authorized under this chapter, the use of Florida
69 friendly landscaping Xeriscape practices, including the use of
70 solid waste compost, in existing residential and commercial
71 development. In conducting these activities, each district shall
72 use the materials developed by the department, the Institute of
73 Food and Agricultural Sciences at the University of Florida, and
74 the Center for Landscape Conservation and Ecology Florida
75 Friendly Landscaping program, including, but not limited to, the
76 Florida Yards and Neighborhoods Program for homeowners, the
77 Florida Yards and Neighborhoods Builder Developer Program for
78 developers, and the Green Industries Best Management Practices
79 Program for landscaping professionals. Each district may develop
80 supplemental materials as appropriate to address the physical
81 and natural characteristics of the district. The districts shall
82 coordinate with the department and the Institute of Food and
83 Agricultural Sciences at the University of Florida if revisions
84 to the educational materials are needed. This section may not be
85 construed to limit the authority of the districts to require
86 Xeriscape ordinances or practices as a condition of any
87 consumptive use permit.
88 (a) The Legislature finds that the use of Florida-friendly
89 landscaping and other water use and pollution prevention
90 measures to conserve or protect the state’s water resources
91 serves a compelling public interest and that the participation
92 of homeowners’ associations and local governments is essential
93 to state’s efforts in water conservation and water quality
94 protection and restoration.
95 (b)(3) A deed restriction or covenant entered after October
96 1, 2001, or local government ordinance may not prohibit or be
97 enforced so as to prohibit any property owner from implementing
98 Xeriscape or Florida-friendly landscaping landscape on his or
99 her land or create any requirement or limitation in conflict
100 with any provision of part II of this chapter or a water
101 shortage order, other order, consumptive use permit, or rule
102 adopted or issued pursuant to part II of this chapter.
103 (c) A local government ordinance may not prohibit or be
104 enforced so as to prohibit any property owner from implementing
105 Florida-friendly landscaping on his or her land.
106 (4) This section does not limit the authority of the
107 department or the water management districts to require Florida
108 friendly landscaping ordinances or practices as a condition of
109 any permit issued under this chapter.
110 Section 4. Section 373.187, Florida Statutes, is created to
111 read:
112 373.187 Water management district implementation of
113 Florida-friendly landscaping.—Each water management district
114 shall use Florida-friendly landscaping, as defined in s.
115 373.185, on public property associated with buildings and
116 facilities owned by the district and constructed after June 30,
117 2009. Each district shall also develop a 5-year program for
118 phasing in the use of Florida-friendly landscaping on public
119 property associated with buildings or facilities owned by the
120 district and constructed before July 1, 2009.
121 Section 5. Section 373.228, Florida Statutes, is amended to
122 read:
123 373.228 Landscape irrigation design.—
124 (1) The Legislature finds that multiple areas throughout
125 the state have been identified by water management districts as
126 water resource caution areas, which indicates that in the near
127 future water demand in those areas will exceed the current
128 available water supply and that conservation is one of the
129 mechanisms by which future water demand will be met.
130 (2) The Legislature finds that landscape irrigation
131 comprises a significant portion of water use and that the
132 current typical landscape irrigation systems system and Florida
133 friendly landscaping xeriscape designs offer significant
134 potential water conservation benefits.
135 (3) It is the intent of the Legislature to improve
136 landscape irrigation water use efficiency by ensuring that
137 landscape irrigation systems meet or exceed minimum design
138 criteria.
139 (4) The water management districts shall work with the
140 Florida Nursery, Nurserymen and Growers and Landscape
141 Association, the Florida Native Plant Society, the Florida
142 Chapter of the American Society of Landscape Architects, the
143 Florida Irrigation Society, the Department of Agriculture and
144 Consumer Services, the Institute of Food and Agricultural
145 Sciences, the Department of Environmental Protection, the
146 Department of Transportation, the Florida League of Cities, the
147 Florida Association of Counties, and the Florida Association of
148 Community Developers to develop landscape irrigation and
149 Florida-friendly landscaping xeriscape design standards for new
150 construction which incorporate a landscape irrigation system and
151 develop scientifically based model guidelines for urban,
152 commercial, and residential landscape irrigation, including drip
153 irrigation, for plants, trees, sod, and other landscaping. The
154 landscape and irrigation design standards shall be based on the
155 irrigation code defined in the Florida Building Code, Plumbing
156 Volume, Appendix F. Local governments shall use the standards
157 and guidelines when developing landscape irrigation and Florida
158 friendly landscaping xeriscape ordinances. By January 1, 2011,
159 the agencies and entities specified in this subsection shall
160 review the standards and guidelines to determine whether new
161 research findings require a change or modification of the
162 standards and guidelines.
163 (5) In evaluating water use applications from public water
164 suppliers, water management districts shall consider whether the
165 applicable local government has adopted ordinances for
166 landscaping and irrigation systems consistent with the Florida
167 friendly landscaping provisions of s. 373.185.
168 Section 6. Subsection (3) of section 373.323, Florida
169 Statutes, is amended to read:
170 373.323 Licensure of water well contractors; application,
171 qualifications, and examinations; equipment identification.—
172 (3) An applicant who meets the following requirements is
173 shall be entitled to take the water well contractor licensure
174 examination to practice water well contracting:
175 (a) Is at least 18 years of age.
176 (b) Has at least 2 years of experience in constructing,
177 repairing, or abandoning water wells. Satisfactory proof of such
178 experience is demonstrated by providing:
179 1. Evidence of the length of time the applicant has been
180 engaged in the business of the construction, repair, or
181 abandonment of water wells as a major activity, as attested to
182 by a letter from three of the following persons:
183 a. A water well contractor.
184 b. A water well driller.
185 c. A water well parts and equipment vendor.
186 d. A water well inspector employed by a governmental
187 agency.
188 2. A list of at least 10 water wells that the applicant has
189 constructed, repaired, or abandoned within the preceding 5
190 years. Of these wells, at least seven must have been
191 constructed, as defined in s. 373.303(2), by the applicant. The
192 list must also include:
193 a. The name and address of the owner or owners of each
194 well.
195 b. The location, primary use, and approximate depth and
196 diameter of each well.
197 c. The approximate date the construction, repair, or
198 abandonment of each well was completed.
199 (c) Has completed the application form and remitted a
200 nonrefundable application fee.
201 Section 7. Subsection (8) of section 373.333, Florida
202 Statutes, is amended to read:
203 373.333 Disciplinary guidelines; adoption and enforcement;
204 license suspension or revocation.—
205 (8) The water management district may impose through an
206 order an administrative fine not to exceed $5,000 per occurrence
207 against an unlicensed person if when it determines that the
208 unlicensed person has engaged in the practice of water well
209 contracting, for which a license is required.
210 Section 8. Section 125.568, Florida Statutes, is amended to
211 read:
212 125.568 Conservation of water; Florida-friendly landscaping
213 Xeriscape.—
214 (1)(a) The Legislature finds that Florida-friendly
215 landscaping Xeriscape contributes to the conservation,
216 protection, and restoration of water. In an effort to meet the
217 water needs of this state in a manner that will supply adequate
218 and dependable supplies of water where needed, it is the intent
219 of the Legislature that Florida-friendly landscaping Xeriscape
220 be an essential part of water conservation and water quality
221 protection and restoration planning.
222 (b) As used in this section, “Xeriscape” or “Florida
223 friendly landscaping” has the same meaning as in s. 373.185
224 landscape” means quality landscapes that conserve water and
225 protect the environment and are adaptable to local conditions
226 and which are drought tolerant. The principles of Xeriscape
227 include planning and design, appropriate choice of plants, soil
228 analysis which may include the use of solid waste compost,
229 practical use of turf, efficient irrigation, appropriate use of
230 mulches, and proper maintenance.
231 (2) The board of county commissioners of each county shall
232 consider enacting ordinances, consistent with s. 373.185,
233 requiring the use of Florida-friendly landscaping Xeriscape as a
234 water conservation or water quality protection or restoration
235 measure. If the board determines that such landscaping Xeriscape
236 would be of significant benefit as a water conservation or water
237 quality protection or restoration measure, especially for waters
238 designated as impaired pursuant to s. 403.067, relative to the
239 cost to implement Florida-friendly Xeriscape landscaping in its
240 area of jurisdiction, the board shall enact a Florida-friendly
241 landscaping Xeriscape ordinance. Further, the board of county
242 commissioners shall consider promoting Florida-friendly
243 landscaping Xeriscape as a water conservation or water quality
244 protection or restoration measure by: using such landscaping
245 Xeriscape in any, around, or near facilities, parks, and other
246 common areas under its jurisdiction which are landscaped after
247 the effective date of this act; providing public education on
248 Florida-friendly landscaping Xeriscape, its uses in increasing
249 as a water conservation and water quality protection or
250 restoration tool, and its long-term cost-effectiveness; and
251 offering incentives to local residents and businesses to
252 implement Florida-friendly Xeriscape landscaping.
253 (3)(a) The Legislature finds that the use of Florida
254 friendly landscaping and other water use and pollution
255 prevention measures to conserve or protect the state’s water
256 resources serves a compelling public interest and that the
257 participation of homeowners’ associations and local governments
258 is essential to the state’s efforts in water conservation and
259 water quality protection and restoration.
260 (b) A deed restriction or covenant entered after October 1,
261 2001, or local government ordinance may not prohibit or be
262 enforced so as to prohibit any property owner from implementing
263 Xeriscape or Florida-friendly landscaping landscape on his or
264 her land or create any requirement or limitation in conflict
265 with any provision of part II of chapter 373 or a water shortage
266 order, other order, consumptive use permit, or rule adopted or
267 issued pursuant to part II of chapter 373.
268 (c) A local government ordinance may not prohibit or be
269 enforced so as to prohibit any property owner from implementing
270 Florida-friendly landscaping on his or her land.
271 Section 9. Section 166.048, Florida Statutes, is amended to
272 read:
273 166.048 Conservation of water; Florida-friendly landscaping
274 Xeriscape.—
275 (1)(a) The Legislature finds that Florida-friendly
276 landscaping Xeriscape contributes to the conservation,
277 protection, and restoration of water. In an effort to meet the
278 water needs of this state in a manner that will supply adequate
279 and dependable supplies of water where needed, it is the intent
280 of the Legislature that Florida-friendly landscaping Xeriscape
281 be an essential part of water conservation and water quality
282 protection and restoration planning.
283 (b) As used in this section, “Xeriscape” or “Florida
284 friendly landscaping” has the same meaning as in s. 373.185
285 landscape” means quality landscapes that conserve water and
286 protect the environment and are adaptable to local conditions
287 and which are drought tolerant. The principles of Xeriscape
288 include planning and design, appropriate choice of plants, soil
289 analysis which may include the use of solid waste compost,
290 practical use of turf, efficient irrigation, appropriate use of
291 mulches, and proper maintenance.
292 (2) The governing body of each municipality shall consider
293 enacting ordinances, consistent with s. 373.185, requiring the
294 use of Florida-friendly landscaping Xeriscape as a water
295 conservation or water quality protection or restoration measure.
296 If the governing body determines that such landscaping Xeriscape
297 would be of significant benefit as a water conservation or water
298 quality protection or restoration measure, especially for waters
299 designated as impaired pursuant to s. 403.067, relative to the
300 cost to implement Florida-friendly Xeriscape landscaping in its
301 area of jurisdiction in the municipality, the governing body
302 board shall enact a Florida-friendly landscaping Xeriscape
303 ordinance. Further, the governing body shall consider promoting
304 Florida-friendly landscaping Xeriscape as a water conservation
305 or water quality protection or restoration measure by: using
306 such landscaping Xeriscape in any, around, or near facilities,
307 parks, and other common areas under its jurisdiction which are
308 landscaped after the effective date of this act; providing
309 public education on Florida-friendly landscaping Xeriscape, its
310 uses in increasing as a water conservation and water quality
311 protection or restoration tool, and its long-term cost
312 effectiveness; and offering incentives to local residents and
313 businesses to implement Florida-friendly Xeriscape landscaping.
314 (3)(a) The Legislature finds that the use of Florida
315 friendly landscaping and other water use and pollution
316 prevention measures to conserve or protect the state’s water
317 resources serves a compelling public interest and that the
318 participation of homeowners’ associations and local governments
319 is essential to the state’s efforts in water conservation and
320 water quality protection and restoration.
321 (b) A deed restriction or covenant entered after October 1,
322 2001, or local government ordinance may not prohibit or be
323 enforced so as to prohibit any property owner from implementing
324 Xeriscape or Florida-friendly landscaping landscape on his or
325 her land or create any requirement or limitation in conflict
326 with any provision of part II of chapter 373 or a water shortage
327 order, other order, consumptive use permit, or rule adopted or
328 issued pursuant to part II of chapter 373.
329 (c) A local government ordinance may not prohibit or be
330 enforced so as to prohibit any property owner from implementing
331 Florida-friendly landscaping on his or her land.
332 Section 10. Section 255.259, Florida Statutes, is amended
333 to read:
334 255.259 Florida-friendly Xeriscape landscaping on public
335 property.—
336 (1) The Legislature finds that water conservation and water
337 quality protection and restoration are is increasingly critical
338 to the continuance of an adequate water supply and healthy
339 surface and ground waters for the citizens of this state. The
340 Legislature further finds that “Florida-friendly landscaping
341 Xeriscape,” as defined in s. 373.185, can contribute
342 significantly to water the conservation and of water quality
343 protection and restoration. Finally, the Legislature finds that
344 state government has the responsibility to promote Florida
345 friendly landscaping Xeriscape as a water conservation and water
346 quality protection and restoration measure by using such
347 landscaping Xeriscape on public property associated with
348 publicly owned buildings or facilities.
349 (2) As used in this section, “publicly owned buildings or
350 facilities” means those construction projects under the purview
351 of the Department of Management Services. The term It does not
352 include environmentally endangered land or roads and highway
353 construction under the purview of the Department of
354 Transportation.
355 (3) The Department of Management Services, in consultation
356 with the Department of Environmental Protection, shall adopt
357 rules and guidelines for the required use of Florida-friendly
358 landscaping Xeriscape on public property associated with
359 publicly owned buildings or facilities constructed after June
360 30, 2009 1992. The Department of Management Services also shall
361 also develop a 5-year program for phasing in the use of Florida
362 friendly landscaping Xeriscape on public property associated
363 with publicly owned buildings or facilities constructed before
364 July 1, 2009 1992. In accomplishing these tasks, the Department
365 of Management Services shall take into account the standards
366 provided in guidelines set out in s. 373.185(2)(a)-(f). The
367 Department of Transportation shall implement Florida-friendly
368 Xeriscape landscaping pursuant to s. 335.167.
369 (4)(a) The Legislature finds that the use of Florida
370 friendly landscaping and other water use and pollution
371 prevention measures to conserve or protect the state’s water
372 resources serves a compelling public interest and that the
373 participation of homeowners’ associations and local governments
374 is essential to the state’s efforts in water conservation and
375 water quality protection and restoration.
376 (b) A deed restriction or covenant entered after October 1,
377 2001, or local government ordinance may not prohibit or be
378 enforced so as to prohibit any property owner from implementing
379 Xeriscape or Florida-friendly landscaping landscape on his or
380 her land or create any requirement or limitation in conflict
381 with any provision of part II of chapter 373 or a water shortage
382 order, other order, consumptive use permit, or rule adopted or
383 issued pursuant to part II of chapter 373.
384 (c) A local government ordinance may not prohibit or be
385 enforced so as to prohibit any property owner from implementing
386 Florida-friendly landscaping on his or her land.
387 Section 11. Section 335.167, Florida Statutes, is amended
388 to read:
389 335.167 State highway construction and maintenance;
390 Xeriscape or Florida-friendly landscaping.—
391 (1) The department shall use and require the use of
392 Florida-friendly landscaping Xeriscape practices, as defined in
393 s. 373.185(1), in the construction and maintenance of all new
394 state highways, wayside parks, access roads, welcome stations,
395 and other state highway rights-of-way constructed upon or
396 acquired after June 30, 2009 1992. The department shall develop
397 a 5-year program for phasing in the use of Florida-friendly
398 landscaping Xeriscape, including the use of solid waste compost,
399 in state highway rights-of-way constructed upon or acquired
400 before July 1, 2009 1992. In accomplishing these tasks, the
401 department shall employ the standards guidelines set out in s.
402 373.185(2)(a)-(f).
403 (2)(a) The Legislature finds that the use of Florida
404 friendly landscaping and other water use and pollution
405 prevention measures to conserve or protect the state’s water
406 resources serves a compelling public interest and that the
407 participation of homeowners’ associations and local governments
408 is essential to the state’s efforts in water conservation and
409 water quality protection and restoration.
410 (b) A deed restriction or covenant entered after October 1,
411 2001, or local government ordinance may not prohibit or be
412 enforced so as to prohibit any property owner from implementing
413 Xeriscape or Florida-friendly landscaping landscape on his or
414 her land or create any requirement or limitation in conflict
415 with any provision of part II of chapter 373 or a water shortage
416 order, other order, consumptive use permit, or rule adopted or
417 issued pursuant to part II of chapter 373.
418 (c) A local government ordinance may not prohibit or be
419 enforced so as to prohibit any property owner from implementing
420 Florida-friendly landscaping on his or her land.
421 Section 12. Paragraph (a) of subsection (3) of section
422 380.061, Florida Statutes, is amended to read:
423 380.061 The Florida Quality Developments program.—
424 (3)(a) To be eligible for designation under this program,
425 the developer shall comply with each of the following
426 requirements if which is applicable to the site of a qualified
427 development:
428 1. Donate or enter Have donated or entered into a binding
429 commitment to donate the fee or a lesser interest sufficient to
430 protect, in perpetuity, the natural attributes of the types of
431 land listed below. In lieu of this the above requirement, the
432 developer may enter into a binding commitment that which runs
433 with the land to set aside such areas on the property, in
434 perpetuity, as open space to be retained in a natural condition
435 or as otherwise permitted under this subparagraph. Under the
436 requirements of this subparagraph, the developer may reserve the
437 right to use such areas for the purpose of passive recreation
438 that is consistent with the purposes for which the land was
439 preserved.
440 a. Those wetlands and water bodies throughout the state
441 which as would be delineated if the provisions of s.
442 373.4145(1)(b) were applied. The developer may use such areas
443 for the purpose of site access, provided other routes of access
444 are unavailable or impracticable; may use such areas for the
445 purpose of stormwater or domestic sewage management and other
446 necessary utilities if to the extent that such uses are
447 permitted pursuant to chapter 403; or may redesign or alter
448 wetlands and water bodies within the jurisdiction of the
449 Department of Environmental Protection which have been
450 artificially created, if the redesign or alteration is done so
451 as to produce a more naturally functioning system.
452 b. Active beach or primary and, where appropriate,
453 secondary dunes, to maintain the integrity of the dune system
454 and adequate public accessways to the beach. However, the
455 developer may retain the right to construct and maintain
456 elevated walkways over the dunes to provide access to the beach.
457 c. Known archaeological sites determined to be of
458 significance by the Division of Historical Resources of the
459 Department of State.
460 d. Areas known to be important to animal species designated
461 as endangered or threatened animal species by the United States
462 Fish and Wildlife Service or by the Fish and Wildlife
463 Conservation Commission, for reproduction, feeding, or nesting;
464 for traveling between such areas used for reproduction, feeding,
465 or nesting; or for escape from predation.
466 e. Areas known to contain plant species designated as
467 endangered plant species by the Department of Agriculture and
468 Consumer Services.
469 2. Produce, or dispose of, no substances designated as
470 hazardous or toxic substances by the United States Environmental
471 Protection Agency, or by the Department of Environmental
472 Protection, or the Department of Agriculture and Consumer
473 Services. This subparagraph does is not intended to apply to the
474 production of these substances in nonsignificant amounts as
475 would occur through household use or incidental use by
476 businesses.
477 3. Participate in a downtown reuse or redevelopment program
478 to improve and rehabilitate a declining downtown area.
479 4. Incorporate no dredge and fill activities in, and no
480 stormwater discharge into, waters designated as Class II,
481 aquatic preserves, or Outstanding Florida Waters, except as
482 activities in those waters are permitted pursuant to s.
483 403.813(2), and the developer demonstrates that those activities
484 meet the standards under Class II waters, Outstanding Florida
485 Waters, or aquatic preserves, as applicable.
486 5. Include open space, recreation areas, Florida-friendly
487 landscaping Xeriscape as defined in s. 373.185, and energy
488 conservation and minimize impermeable surfaces as appropriate to
489 the location and type of project.
490 6. Provide for construction and maintenance of all onsite
491 infrastructure necessary to support the project and enter into a
492 binding commitment with local government to provide an
493 appropriate fair-share contribution toward the offsite impacts
494 that which the development will impose on publicly funded
495 facilities and services, except offsite transportation, and
496 condition or phase the commencement of development to ensure
497 that public facilities and services, except offsite
498 transportation, are will be available concurrent with the
499 impacts of the development. For the purposes of offsite
500 transportation impacts, the developer shall comply, at a
501 minimum, with the standards of the state land planning agency’s
502 development-of-regional-impact transportation rule, the approved
503 strategic regional policy plan, any applicable regional planning
504 council transportation rule, and the approved local government
505 comprehensive plan and land development regulations adopted
506 pursuant to part II of chapter 163.
507 7. Design and construct the development in a manner that is
508 consistent with the adopted state plan, the applicable strategic
509 regional policy plan, and the applicable adopted local
510 government comprehensive plan.
511 Section 13. Subsection (3) of section 388.291, Florida
512 Statutes, is amended to read:
513 388.291 Source reduction measures; supervision by
514 department.—
515 (3) Property owners in a developed residential area shall
516 are required to maintain their property in such a manner that
517 does so as not to create or maintain any standing freshwater
518 condition capable of breeding mosquitoes or other arthropods in
519 significant numbers so as to constitute a public health,
520 welfare, or nuisance problem. Nothing in This subsection does
521 not authorize shall permit the alteration of permitted
522 stormwater management systems or prohibit maintained fish ponds,
523 Florida-friendly landscaping xeriscaping, or other maintained
524 systems of landscaping or vegetation. If such a condition is
525 found to exist, the local arthropod control agency shall serve
526 notice on the property owner to treat, remove, or abate the
527 condition. Such notice is shall serve as prima facie evidence of
528 maintaining a nuisance, and upon failure of the property owner
529 to treat, remove, or abate the condition, the local arthropod
530 control agency or any affected citizen may proceed pursuant to
531 s. 60.05 to enjoin the nuisance and may recover costs and
532 attorney’s fees if they prevail in the action.
533 Section 14. Subsection (6) of section 481.303, Florida
534 Statutes, is amended to read:
535 481.303 Definitions.—As used in this chapter:
536 (6) “Landscape architecture” means professional services,
537 including, but not limited to, the following:
538 (a) Consultation, investigation, research, planning,
539 design, preparation of drawings, specifications, contract
540 documents and reports, responsible construction supervision, or
541 landscape management in connection with the planning and
542 development of land and incidental water areas, including the
543 use of Florida-friendly landscaping Xeriscape as defined in s.
544 373.185, where, and to the extent that, the dominant purpose of
545 such services or creative works is the preservation,
546 conservation, enhancement, or determination of proper land uses,
547 natural land features, ground cover and plantings, or
548 naturalistic and aesthetic values;
549 (b) The determination of settings, grounds, and approaches
550 for and the siting of buildings and structures, outdoor areas,
551 or other improvements;
552 (c) The setting of grades, shaping and contouring of land
553 and water forms, determination of drainage, and provision for
554 storm drainage and irrigation systems where such systems are
555 necessary to the purposes outlined herein; and
556 (d) The design of such tangible objects and features as are
557 necessary to the purpose outlined herein.
558 Section 15. Subsection (4) of section 720.3075, Florida
559 Statutes, is amended to read:
560 720.3075 Prohibited clauses in association documents.—
561 (4)(a) The Legislature finds that the use of Florida
562 friendly landscaping and other water use and pollution
563 prevention measures to conserve or protect the state’s water
564 resources serves a compelling public interest and that the
565 participation of homeowners’ associations and local governments
566 is essential to the state’s efforts in water conservation and
567 water quality protection and restoration.
568 (b) Homeowners’ association documents, including
569 declarations of covenants, articles of incorporation, or bylaws,
570 entered after October 1, 2001, may not prohibit or be enforced
571 so as to prohibit any property owner from implementing Xeriscape
572 or Florida-friendly landscaping landscape, as defined in s.
573 373.185(1), on his or her land or create any requirement or
574 limitation in conflict with any provision of part II of chapter
575 373 or a water shortage order, other order, consumptive use
576 permit, or rule adopted or issued pursuant to part II of chapter
577 373.
578
579 ================= T I T L E A M E N D M E N T ================
580 And the title is amended as follows:
581 Delete line 31
582 and insert:
583 certain Class I landfills; amending s. 373.185, F.S.; revising
584 the definition of Florida-friendly landscaping; deleting
585 references to “xeriscape”; requiring water management districts
586 to provide model Florida-friendly landscaping ordinances to
587 local governments; revising eligibility criteria for certain
588 incentive programs of the water management districts; requiring
589 certain local government ordinances and amendments to include
590 certain design standards and identify specified invasive exotic
591 plant species; requiring water management districts to consult
592 with additional entities for activities relating to Florida
593 friendly landscaping practices; specifying programs for the
594 delivery of educational programs relating to such practices;
595 providing legislative findings; providing that certain
596 regulations prohibiting the implementation of Florida-friendly
597 landscaping or conflicting with provisions governing the
598 permitting of consumptive uses of water are prohibited;
599 providing that the act does not limit the authority of the
600 department or the water management districts to require Florida
601 friendly landscaping ordinances or practices as a condition of
602 certain permit; creating s. 373.187, F.S.; requiring water
603 management districts to implement Florida-friendly landscaping
604 practices on specified properties; requiring districts to
605 develop specified programs for implementing such practices on
606 other specified properties; amending s. 373.228, F.S.; requiring
607 water management districts to work with specified entities to
608 develop certain standards; requiring water management districts
609 to consider certain information in evaluating water use
610 applications from public water suppliers; conforming provisions
611 to changes made by the act; amending s. 373.323, F.S.; revising
612 application requirements for water well contractor licensure;
613 requiring applicants to provide specified documentation;
614 amending s. 373.333, F.S.; authorizing an administrative fine to
615 be imposed for each occurrence of unlicensed well water
616 contracting; amending ss. 125.568, 166.048, 255.259, 335.167,
617 380.061, 388.291, 481.303, and 720.3075, F.S.; conforming
618 provisions to changes made by the act; revising provisions
619 requiring the use of Florida-friendly landscaping for specified
620 public properties and highway construction and maintenance
621 projects; providing an effective