Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 2530
       
       
       
       
       
       
                                Barcode 867422                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/14/2009           .                                
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       The Committee on Environmental Preservation and Conservation
       (Detert) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the enacting clause
    5  and insert:
    6         Section 1. Section 373.185, Florida Statutes, is amended to
    7  read:
    8         373.185 Local Florida-friendly landscaping Xeriscape
    9  ordinances.—
   10         (1) As used in this section, the term:
   11         (a) “Local government” means any county or municipality of
   12  the state.
   13         (b) “Xeriscape” or “Florida-friendly landscaping landscape”
   14  means quality landscapes that conserve water, and protect the
   15  environment, and are adaptable to local conditions, and which
   16  are drought tolerant. The principles of such landscaping
   17  Xeriscape include planting the right plant in the right place,
   18  efficient watering, appropriate fertilization, mulching,
   19  attraction of wildlife, responsible management of yard pests,
   20  recycling yard waste, reduction of stormwater runoff, and
   21  waterfront protection. Additional components include practices
   22  such as landscape planning and design, appropriate choice of
   23  plants, soil analysis, which may include the appropriate use of
   24  solid waste compost, minimizing the use of efficient irrigation,
   25  practical use of turf, appropriate use of mulches, and proper
   26  maintenance.
   27         (2) Each water management district shall design and
   28  implement an incentive program to encourage all local
   29  governments within its district to adopt new ordinances or amend
   30  existing ordinances to require Florida-friendly Xeriscape
   31  landscaping for development permitted after the effective date
   32  of the new ordinance or amendment. Each district shall adopt
   33  rules governing the implementation of its incentive program and
   34  governing the review and approval of local government Xeriscape
   35  ordinances or amendments which are intended to qualify a local
   36  government for the incentive program. Each district shall assist
   37  the local governments within its jurisdiction by providing a
   38  model Florida-friendly landscaping ordinance Xeriscape code and
   39  other technical assistance. Each district may develop its own
   40  model or use a model contained in the “Florida-Friendly
   41  Landscape Guidance Models for Ordinances, Covenants, and
   42  Restrictions” manual developed by the department. To qualify for
   43  a district’s incentive program, a local government Xeriscape
   44  ordinance or amendment, in order to qualify the local government
   45  for a district’s incentive program, must include, at a minimum:
   46         (a) Landscape design, installation, and maintenance
   47  standards that result in water conservation and water quality
   48  protection or restoration. Such standards must shall address the
   49  use of plant groupings, soil analysis including the promotion of
   50  the use of solid waste compost, efficient irrigation systems,
   51  and other water-conserving practices.
   52         (b) Identification of prohibited invasive exotic plant
   53  species consistent with s. 581.091.
   54         (c) Identification of controlled plant species, accompanied
   55  by the conditions under which such plants may be used.
   56         (d) A provision specifying the maximum percentage of
   57  irrigated turf and the maximum percentage of impervious surfaces
   58  allowed in a Florida-friendly landscaped xeriscaped area and
   59  addressing the practical selection and installation of turf.
   60         (e) Specific standards for land clearing and requirements
   61  for the preservation of existing native vegetation.
   62         (f) A monitoring program for ordinance implementation and
   63  compliance.
   64         (3)Each water management district shall also The districts
   65  also shall work with the department, local governments, county
   66  extension agents or offices, nursery and landscape industry
   67  groups, and other interested stakeholders to promote, through
   68  educational programs, and publications, and other district
   69  activities authorized under this chapter, the use of Florida
   70  friendly landscaping Xeriscape practices, including the use of
   71  solid waste compost, in existing residential and commercial
   72  development. In conducting these activities, each district shall
   73  use the materials developed by the department, the Institute of
   74  Food and Agricultural Sciences at the University of Florida, and
   75  the Center for Landscape Conservation and Ecology Florida
   76  Friendly Landscaping program, including, but not limited to, the
   77  Florida Yards and Neighborhoods Program for homeowners, the
   78  Florida Yards and Neighborhoods Builder Developer Program for
   79  developers, and the Green Industries Best Management Practices
   80  Program for landscaping professionals. Each district may develop
   81  supplemental materials as appropriate to address the physical
   82  and natural characteristics of the district. The districts shall
   83  coordinate with the department and the Institute of Food and
   84  Agricultural Sciences at the University of Florida if revisions
   85  to the educational materials are needed. This section may not be
   86  construed to limit the authority of the districts to require
   87  Xeriscape ordinances or practices as a condition of any
   88  consumptive use permit.
   89         (a)The Legislature finds that the use of Florida-friendly
   90  landscaping and other water use and pollution prevention
   91  measures to conserve or protect the state’s water resources
   92  serves a compelling public interest and that the participation
   93  of homeowners’ associations and local governments is essential
   94  to state’s efforts in water conservation and water quality
   95  protection and restoration.
   96         (b)(3) A deed restriction, or covenant entered after
   97  October 1, 2001, or local government ordinance may not prohibit
   98  or be enforced so as to prohibit any property owner from
   99  implementing Xeriscape or Florida-friendly landscaping landscape
  100  on his or her land or create any requirement or limitation in
  101  conflict with any provision of part II of this chapter or a
  102  water shortage order, other order, consumptive use permit, or
  103  rule adopted or issued pursuant to part II of this chapter.
  104         (4)This section does not limit the authority of the
  105  department or the water management districts to require Florida
  106  friendly landscaping ordinances or practices as a condition of
  107  any permit issued under this chapter.
  108         Section 2. Section 373.187, Florida Statutes, is created to
  109  read:
  110         373.187Water management district implementation of
  111  Florida-friendly landscaping.—Each water management district
  112  shall use Florida-friendly landscaping, as defined in s.
  113  373.185, on public property associated with buildings and
  114  facilities owned by the district and constructed after June 30,
  115  2009. Each district shall also develop a 5-year program for
  116  phasing in the use of Florida-friendly landscaping on public
  117  property associated with buildings or facilities owned by the
  118  district and constructed before July 1, 2009.
  119         Section 3. Section 373.228, Florida Statutes, is amended to
  120  read:
  121         373.228 Landscape irrigation design.—
  122         (1) The Legislature finds that multiple areas throughout
  123  the state have been identified by water management districts as
  124  water resource caution areas, which indicates that in the near
  125  future water demand in those areas will exceed the current
  126  available water supply and that conservation is one of the
  127  mechanisms by which future water demand will be met.
  128         (2) The Legislature finds that landscape irrigation
  129  comprises a significant portion of water use and that the
  130  current typical landscape irrigation systems system and Florida
  131  friendly landscaping xeriscape designs offer significant
  132  potential water conservation benefits.
  133         (3) It is the intent of the Legislature to improve
  134  landscape irrigation water use efficiency by ensuring that
  135  landscape irrigation systems meet or exceed minimum design
  136  criteria.
  137         (4) The water management districts shall work with the
  138  Florida Nursery, Nurserymen and Growers and Landscape
  139  Association, the Florida Native Plant Society, the Florida
  140  Chapter of the American Society of Landscape Architects, the
  141  Florida Irrigation Society, the Department of Agriculture and
  142  Consumer Services, the Institute of Food and Agricultural
  143  Sciences, the Department of Environmental Protection, the
  144  Department of Transportation, the Florida League of Cities, the
  145  Florida Association of Counties, and the Florida Association of
  146  Community Developers to develop landscape irrigation and
  147  Florida-friendly landscaping xeriscape design standards for new
  148  construction which incorporate a landscape irrigation system and
  149  develop scientifically based model guidelines for urban,
  150  commercial, and residential landscape irrigation, including drip
  151  irrigation, for plants, trees, sod, and other landscaping. The
  152  landscape and irrigation design standards shall be based on the
  153  irrigation code defined in the Florida Building Code, Plumbing
  154  Volume, Appendix F. Local governments shall use the standards
  155  and guidelines when developing landscape irrigation and Florida
  156  friendly landscaping xeriscape ordinances. By January 1, 2011,
  157  the agencies and entities specified in this subsection shall
  158  review the standards and guidelines to determine whether new
  159  research findings require a change or modification of the
  160  standards and guidelines.
  161         (5)In evaluating water use applications from public water
  162  suppliers, water management districts shall consider whether the
  163  applicable local government has adopted ordinances for
  164  landscaping and irrigation systems consistent with the Florida
  165  friendly landscaping provisions of s. 373.185.
  166         Section 4. Subsection (3) of section 373.323, Florida
  167  Statutes, is amended to read:
  168         373.323 Licensure of water well contractors; application,
  169  qualifications, and examinations; equipment identification.—
  170         (3) An applicant who meets the following requirements is
  171  shall be entitled to take the water well contractor licensure
  172  examination to practice water well contracting:
  173         (a) Is at least 18 years of age.
  174         (b) Has at least 2 years of experience in constructing,
  175  repairing, or abandoning water wells. Satisfactory proof of such
  176  experience is demonstrated by providing:
  177         1.Evidence of the length of time the applicant has been
  178  engaged in the business of the construction, repair, or
  179  abandonment of water wells as a major activity, as attested to
  180  by a letter from three of the following persons:
  181         a.A water well contractor.
  182         b.A water well driller.
  183         c.A water well parts and equipment vendor.
  184         d.A water well inspector employed by a governmental
  185  agency.
  186         2.A list of at least 10 water wells that the applicant has
  187  constructed, repaired, or abandoned within the preceding 5
  188  years. Of these wells, at least seven must have been
  189  constructed, as defined in s. 373.303(2), by the applicant. The
  190  list must also include:
  191         a.The name and address of the owner or owners of each
  192  well.
  193         b.The location, primary use, and approximate depth and
  194  diameter of each well.
  195         c.The approximate date the construction, repair, or
  196  abandonment of each well was completed.
  197         (c) Has completed the application form and remitted a
  198  nonrefundable application fee.
  199         Section 5. Subsection (8) of section 373.333, Florida
  200  Statutes, is amended to read:
  201         373.333 Disciplinary guidelines; adoption and enforcement;
  202  license suspension or revocation.—
  203         (8) The water management district may impose through an
  204  order an administrative fine not to exceed $5,000 per occurrence
  205  against an unlicensed person if when it determines that the
  206  unlicensed person has engaged in the practice of water well
  207  contracting, for which a license is required.
  208         Section 6. Section 125.568, Florida Statutes, is amended to
  209  read:
  210         125.568 Conservation of water; Florida-friendly landscaping
  211  Xeriscape.—
  212         (1)(a) The Legislature finds that Florida-friendly
  213  landscaping Xeriscape contributes to the conservation,
  214  protection, and restoration of water. In an effort to meet the
  215  water needs of this state in a manner that will supply adequate
  216  and dependable supplies of water where needed, it is the intent
  217  of the Legislature that Florida-friendly landscaping Xeriscape
  218  be an essential part of water conservation and water quality
  219  protection and restoration planning.
  220         (b) As used in this section, “Xeriscape” or “Florida
  221  friendly landscaping” has the same meaning as in s. 373.185
  222  landscape” means quality landscapes that conserve water and
  223  protect the environment and are adaptable to local conditions
  224  and which are drought tolerant. The principles of Xeriscape
  225  include planning and design, appropriate choice of plants, soil
  226  analysis which may include the use of solid waste compost,
  227  practical use of turf, efficient irrigation, appropriate use of
  228  mulches, and proper maintenance.
  229         (2) The board of county commissioners of each county shall
  230  consider enacting ordinances, consistent with s. 373.185,
  231  requiring the use of Florida-friendly landscaping Xeriscape as a
  232  water conservation or water quality protection or restoration
  233  measure. If the board determines that such landscaping Xeriscape
  234  would be of significant benefit as a water conservation or water
  235  quality protection or restoration measure, especially for waters
  236  designated as impaired pursuant to s. 403.067, relative to the
  237  cost to implement Florida-friendly Xeriscape landscaping in its
  238  area of jurisdiction, the board shall enact a Florida-friendly
  239  landscaping Xeriscape ordinance. Further, the board of county
  240  commissioners shall consider promoting Florida-friendly
  241  landscaping Xeriscape as a water conservation or water quality
  242  protection or restoration measure by: using such landscaping
  243  Xeriscape in any, around, or near facilities, parks, and other
  244  common areas under its jurisdiction which are landscaped after
  245  the effective date of this act; providing public education on
  246  Florida-friendly landscaping Xeriscape, its uses in increasing
  247  as a water conservation and water quality protection or
  248  restoration tool, and its long-term cost-effectiveness; and
  249  offering incentives to local residents and businesses to
  250  implement Florida-friendly Xeriscape landscaping.
  251         (3)(a)The Legislature finds that the use of Florida
  252  friendly landscaping and other water use and pollution
  253  prevention measures to conserve or protect the state’s water
  254  resources serves a compelling public interest and that the
  255  participation of homeowners’ associations and local governments
  256  is essential to the state’s efforts in water conservation and
  257  water quality protection and restoration.
  258         (b) A deed restriction, or covenant entered after October
  259  1, 2001, or local government ordinance may not prohibit or be
  260  enforced so as to prohibit any property owner from implementing
  261  Xeriscape or Florida-friendly landscaping landscape on his or
  262  her land or create any requirement or limitation in conflict
  263  with any provision of part II of chapter 373 or a water shortage
  264  order, other order, consumptive use permit, or rule adopted or
  265  issued pursuant to part II of chapter 373.
  266         Section 7. Section 166.048, Florida Statutes, is amended to
  267  read:
  268         166.048 Conservation of water; Florida-friendly landscaping
  269  Xeriscape.—
  270         (1)(a) The Legislature finds that Florida-friendly
  271  landscaping Xeriscape contributes to the conservation,
  272  protection, and restoration of water. In an effort to meet the
  273  water needs of this state in a manner that will supply adequate
  274  and dependable supplies of water where needed, it is the intent
  275  of the Legislature that Florida-friendly landscaping Xeriscape
  276  be an essential part of water conservation and water quality
  277  protection and restoration planning.
  278         (b) As used in this section, “Xeriscape” or “Florida
  279  friendly landscaping” has the same meaning as in s. 373.185
  280  landscape” means quality landscapes that conserve water and
  281  protect the environment and are adaptable to local conditions
  282  and which are drought tolerant. The principles of Xeriscape
  283  include planning and design, appropriate choice of plants, soil
  284  analysis which may include the use of solid waste compost,
  285  practical use of turf, efficient irrigation, appropriate use of
  286  mulches, and proper maintenance.
  287         (2) The governing body of each municipality shall consider
  288  enacting ordinances, consistent with s. 373.185, requiring the
  289  use of Florida-friendly landscaping Xeriscape as a water
  290  conservation or water quality protection or restoration measure.
  291  If the governing body determines that such landscaping Xeriscape
  292  would be of significant benefit as a water conservation or water
  293  quality protection or restoration measure, especially for waters
  294  designated as impaired pursuant to s. 403.067, relative to the
  295  cost to implement Florida-friendly Xeriscape landscaping in its
  296  area of jurisdiction in the municipality, the governing body
  297  board shall enact a Florida-friendly landscaping Xeriscape
  298  ordinance. Further, the governing body shall consider promoting
  299  Florida-friendly landscaping Xeriscape as a water conservation
  300  or water quality protection or restoration measure by: using
  301  such landscaping Xeriscape in any, around, or near facilities,
  302  parks, and other common areas under its jurisdiction which are
  303  landscaped after the effective date of this act; providing
  304  public education on Florida-friendly landscaping Xeriscape, its
  305  uses in increasing as a water conservation and water quality
  306  protection or restoration tool, and its long-term cost
  307  effectiveness; and offering incentives to local residents and
  308  businesses to implement Florida-friendly Xeriscape landscaping.
  309         (3)(a)The Legislature finds that the use of Florida
  310  friendly landscaping and other water use and pollution
  311  prevention measures to conserve or protect the state’s water
  312  resources serves a compelling public interest and that the
  313  participation of homeowners’ associations and local governments
  314  is essential to the state’s efforts in water conservation and
  315  water quality protection and restoration.
  316         (b) A deed restriction, or covenant entered after October
  317  1, 2001, or local government ordinance may not prohibit or be
  318  enforced so as to prohibit any property owner from implementing
  319  Xeriscape or Florida-friendly landscaping landscape on his or
  320  her land or create any requirement or limitation in conflict
  321  with any provision of part II of chapter 373 or a water shortage
  322  order, other order, consumptive use permit, or rule adopted or
  323  issued pursuant to part II of chapter 373.
  324         Section 8. Section 255.259, Florida Statutes, is amended to
  325  read:
  326         255.259 Florida-friendly Xeriscape landscaping on public
  327  property.—
  328         (1) The Legislature finds that water conservation and water
  329  quality protection and restoration are is increasingly critical
  330  to the continuance of an adequate water supply and healthy
  331  surface and ground waters for the citizens of this state. The
  332  Legislature further finds that “Florida-friendly landscaping
  333  Xeriscape,” as defined in s. 373.185, can contribute
  334  significantly to water the conservation and of water quality
  335  protection and restoration. Finally, the Legislature finds that
  336  state government has the responsibility to promote Florida
  337  friendly landscaping Xeriscape as a water conservation and water
  338  quality protection and restoration measure by using such
  339  landscaping Xeriscape on public property associated with
  340  publicly owned buildings or facilities.
  341         (2) As used in this section, “publicly owned buildings or
  342  facilities” means those construction projects under the purview
  343  of the Department of Management Services. The term It does not
  344  include environmentally endangered land or roads and highway
  345  construction under the purview of the Department of
  346  Transportation.
  347         (3) The Department of Management Services, in consultation
  348  with the Department of Environmental Protection, shall adopt
  349  rules and guidelines for the required use of Florida-friendly
  350  landscaping Xeriscape on public property associated with
  351  publicly owned buildings or facilities constructed after June
  352  30, 2009 1992. The Department of Management Services also shall
  353  also develop a 5-year program for phasing in the use of Florida
  354  friendly landscaping Xeriscape on public property associated
  355  with publicly owned buildings or facilities constructed before
  356  July 1, 2009 1992. In accomplishing these tasks, the Department
  357  of Management Services shall take into account the standards
  358  provided in guidelines set out in s. 373.185(2)(a)-(f). The
  359  Department of Transportation shall implement Florida-friendly
  360  Xeriscape landscaping pursuant to s. 335.167.
  361         (4)(a)The Legislature finds that the use of Florida
  362  friendly landscaping and other water use and pollution
  363  prevention measures to conserve or protect the state’s water
  364  resources serves a compelling public interest and that the
  365  participation of homeowners’ associations and local governments
  366  is essential to the state’s efforts in water conservation and
  367  water quality protection and restoration.
  368         (b) A deed restriction, or covenant entered after October
  369  1, 2001, or local government ordinance may not prohibit or be
  370  enforced so as to prohibit any property owner from implementing
  371  Xeriscape or Florida-friendly landscaping landscape on his or
  372  her land or create any requirement or limitation in conflict
  373  with any provision of part II of chapter 373 or a water shortage
  374  order, other order, consumptive use permit, or rule adopted or
  375  issued pursuant to part II of chapter 373.
  376         Section 9. Section 335.167, Florida Statutes, is amended to
  377  read:
  378         335.167 State highway construction and maintenance;
  379  Xeriscape or Florida-friendly landscaping.—
  380         (1) The department shall use and require the use of
  381  Florida-friendly landscaping Xeriscape practices, as defined in
  382  s. 373.185(1), in the construction and maintenance of all new
  383  state highways, wayside parks, access roads, welcome stations,
  384  and other state highway rights-of-way constructed upon or
  385  acquired after June 30, 2009 1992. The department shall develop
  386  a 5-year program for phasing in the use of Florida-friendly
  387  landscaping Xeriscape, including the use of solid waste compost,
  388  in state highway rights-of-way constructed upon or acquired
  389  before July 1, 2009 1992. In accomplishing these tasks, the
  390  department shall employ the standards guidelines set out in s.
  391  373.185(2)(a)-(f).
  392         (2)(a)The Legislature finds that the use of Florida
  393  friendly landscaping and other water use and pollution
  394  prevention measures to conserve or protect the state’s water
  395  resources serves a compelling public interest and that the
  396  participation of homeowners’ associations and local governments
  397  is essential to the state’s efforts in water conservation and
  398  water quality protection and restoration.
  399         (b) A deed restriction, or covenant entered after October
  400  1, 2001, or local government ordinance may not prohibit or be
  401  enforced so as to prohibit any property owner from implementing
  402  Xeriscape or Florida-friendly landscaping landscape on his or
  403  her land or create any requirement or limitation in conflict
  404  with any provision of part II of chapter 373 or a water shortage
  405  order, other order, consumptive use permit, or rule adopted or
  406  issued pursuant to part II of chapter 373.
  407         Section 10. Paragraph (a) of subsection (3) of section
  408  380.061, Florida Statutes, is amended to read:
  409         380.061 The Florida Quality Developments program.—
  410         (3)(a) To be eligible for designation under this program,
  411  the developer shall comply with each of the following
  412  requirements if which is applicable to the site of a qualified
  413  development:
  414         1. Donate or enter Have donated or entered into a binding
  415  commitment to donate the fee or a lesser interest sufficient to
  416  protect, in perpetuity, the natural attributes of the types of
  417  land listed below. In lieu of this the above requirement, the
  418  developer may enter into a binding commitment that which runs
  419  with the land to set aside such areas on the property, in
  420  perpetuity, as open space to be retained in a natural condition
  421  or as otherwise permitted under this subparagraph. Under the
  422  requirements of this subparagraph, the developer may reserve the
  423  right to use such areas for the purpose of passive recreation
  424  that is consistent with the purposes for which the land was
  425  preserved.
  426         a. Those wetlands and water bodies throughout the state
  427  which as would be delineated if the provisions of s.
  428  373.4145(1)(b) were applied. The developer may use such areas
  429  for the purpose of site access, provided other routes of access
  430  are unavailable or impracticable; may use such areas for the
  431  purpose of stormwater or domestic sewage management and other
  432  necessary utilities if to the extent that such uses are
  433  permitted pursuant to chapter 403; or may redesign or alter
  434  wetlands and water bodies within the jurisdiction of the
  435  Department of Environmental Protection which have been
  436  artificially created, if the redesign or alteration is done so
  437  as to produce a more naturally functioning system.
  438         b. Active beach or primary and, where appropriate,
  439  secondary dunes, to maintain the integrity of the dune system
  440  and adequate public accessways to the beach. However, the
  441  developer may retain the right to construct and maintain
  442  elevated walkways over the dunes to provide access to the beach.
  443         c. Known archaeological sites determined to be of
  444  significance by the Division of Historical Resources of the
  445  Department of State.
  446         d. Areas known to be important to animal species designated
  447  as endangered or threatened animal species by the United States
  448  Fish and Wildlife Service or by the Fish and Wildlife
  449  Conservation Commission, for reproduction, feeding, or nesting;
  450  for traveling between such areas used for reproduction, feeding,
  451  or nesting; or for escape from predation.
  452         e. Areas known to contain plant species designated as
  453  endangered plant species by the Department of Agriculture and
  454  Consumer Services.
  455         2. Produce, or dispose of, no substances designated as
  456  hazardous or toxic substances by the United States Environmental
  457  Protection Agency, or by the Department of Environmental
  458  Protection, or the Department of Agriculture and Consumer
  459  Services. This subparagraph does is not intended to apply to the
  460  production of these substances in nonsignificant amounts as
  461  would occur through household use or incidental use by
  462  businesses.
  463         3. Participate in a downtown reuse or redevelopment program
  464  to improve and rehabilitate a declining downtown area.
  465         4. Incorporate no dredge and fill activities in, and no
  466  stormwater discharge into, waters designated as Class II,
  467  aquatic preserves, or Outstanding Florida Waters, except as
  468  activities in those waters are permitted pursuant to s.
  469  403.813(2), and the developer demonstrates that those activities
  470  meet the standards under Class II waters, Outstanding Florida
  471  Waters, or aquatic preserves, as applicable.
  472         5. Include open space, recreation areas, Florida-friendly
  473  landscaping Xeriscape as defined in s. 373.185, and energy
  474  conservation and minimize impermeable surfaces as appropriate to
  475  the location and type of project.
  476         6. Provide for construction and maintenance of all onsite
  477  infrastructure necessary to support the project and enter into a
  478  binding commitment with local government to provide an
  479  appropriate fair-share contribution toward the offsite impacts
  480  that which the development will impose on publicly funded
  481  facilities and services, except offsite transportation, and
  482  condition or phase the commencement of development to ensure
  483  that public facilities and services, except offsite
  484  transportation, are will be available concurrent with the
  485  impacts of the development. For the purposes of offsite
  486  transportation impacts, the developer shall comply, at a
  487  minimum, with the standards of the state land planning agency’s
  488  development-of-regional-impact transportation rule, the approved
  489  strategic regional policy plan, any applicable regional planning
  490  council transportation rule, and the approved local government
  491  comprehensive plan and land development regulations adopted
  492  pursuant to part II of chapter 163.
  493         7. Design and construct the development in a manner that is
  494  consistent with the adopted state plan, the applicable strategic
  495  regional policy plan, and the applicable adopted local
  496  government comprehensive plan.
  497         Section 11. Subsection (3) of section 388.291, Florida
  498  Statutes, is amended to read:
  499         388.291 Source reduction measures; supervision by
  500  department.—
  501         (3) Property owners in a developed residential area shall
  502  are required to maintain their property in such a manner that
  503  does so as not to create or maintain any standing freshwater
  504  condition capable of breeding mosquitoes or other arthropods in
  505  significant numbers so as to constitute a public health,
  506  welfare, or nuisance problem. Nothing in This subsection does
  507  not authorize shall permit the alteration of permitted
  508  stormwater management systems or prohibit maintained fish ponds,
  509  Florida-friendly landscaping xeriscaping, or other maintained
  510  systems of landscaping or vegetation. If such a condition is
  511  found to exist, the local arthropod control agency shall serve
  512  notice on the property owner to treat, remove, or abate the
  513  condition. Such notice is shall serve as prima facie evidence of
  514  maintaining a nuisance, and upon failure of the property owner
  515  to treat, remove, or abate the condition, the local arthropod
  516  control agency or any affected citizen may proceed pursuant to
  517  s. 60.05 to enjoin the nuisance and may recover costs and
  518  attorney’s fees if they prevail in the action.
  519         Section 12. Paragraph (a) of subsection (6) of section
  520  481.303, Florida Statutes, is amended to read:
  521         481.303 Definitions.—As used in this chapter:
  522         (6) “Landscape architecture” means professional services,
  523  including, but not limited to, the following:
  524         (a) Consultation, investigation, research, planning,
  525  design, preparation of drawings, specifications, contract
  526  documents and reports, responsible construction supervision, or
  527  landscape management in connection with the planning and
  528  development of land and incidental water areas, including the
  529  use of Florida-friendly landscaping Xeriscape as defined in s.
  530  373.185, where, and to the extent that, the dominant purpose of
  531  such services or creative works is the preservation,
  532  conservation, enhancement, or determination of proper land uses,
  533  natural land features, ground cover and plantings, or
  534  naturalistic and aesthetic values;
  535         Section 13. Subsection (4) of section 720.3075, Florida
  536  Statutes, is amended to read:
  537         720.3075 Prohibited clauses in association documents.—
  538         (4)(a)The Legislature finds that the use of Florida
  539  friendly landscaping and other water use and pollution
  540  prevention measures to conserve or protect the state’s water
  541  resources serves a compelling public interest and that the
  542  participation of homeowners’ associations and local governments
  543  is essential to the state’s efforts in water conservation and
  544  water quality protection and restoration.
  545         (b) Homeowners’ association documents, including
  546  declarations of covenants, articles of incorporation, or bylaws,
  547  entered after October 1, 2001, may not prohibit or be enforced
  548  so as to prohibit any property owner from implementing Xeriscape
  549  or Florida-friendly landscaping landscape, as defined in s.
  550  373.185(1), on his or her land or create any requirement or
  551  limitation in conflict with any provision of part II of chapter
  552  373 or a water shortage order, other order, consumptive use
  553  permit, or rule adopted or issued pursuant to part II of chapter
  554  373.
  555         Section 14. This act shall take effect July 1, 2009.
  556  
  557  ================= T I T L E  A M E N D M E N T ================
  558         And the title is amended as follows:
  559         Delete everything before the enacting clause
  560  and insert:
  561                        A bill to be entitled                      
  562         An act relating to water resources; amending s.
  563         373.185, F.S.; revising the definition of Florida
  564         friendly landscaping; deleting references to
  565         “xeriscape”; requiring water management districts to
  566         provide model Florida-friendly landscaping ordinances
  567         to local governments; revising eligibility criteria
  568         for certain incentive programs of the water management
  569         districts; requiring certain local government
  570         ordinances and amendments to include certain design
  571         standards and identify specified invasive exotic plant
  572         species; requiring water management districts to
  573         consult with additional entities for activities
  574         relating to Florida-friendly landscaping practices;
  575         specifying programs for the delivery of educational
  576         programs relating to such practices; providing
  577         legislative findings; providing that certain
  578         regulations prohibiting the implementation of Florida
  579         friendly landscaping or conflicting with provisions
  580         governing the permitting of consumptive uses of water
  581         are prohibited; providing that the act does not limit
  582         the authority of the department or the water
  583         management districts to require Florida-friendly
  584         landscaping ordinances or practices as a condition of
  585         certain permit; creating s. 373.187, F.S.; requiring
  586         water management districts to implement Florida
  587         friendly landscaping practices on specified
  588         properties; requiring districts to develop specified
  589         programs for implementing such practices on other
  590         specified properties; amending s. 373.228, F.S.;
  591         requiring water management districts to work with
  592         specified entities to develop certain standards;
  593         requiring water management districts to consider
  594         certain information in evaluating water use
  595         applications from public water suppliers; conforming
  596         provisions to changes made by the act; amending s.
  597         373.323, F.S.; revising application requirements for
  598         water well contractor licensure; requiring applicants
  599         to provide specified documentation; amending s.
  600         373.333, F.S.; authorizing an administrative fine to
  601         be imposed for each occurrence of unlicensed well
  602         water contracting; amending ss. 125.568, 166.048,
  603         255.259, 335.167, 380.061, 388.291, 481.303, and
  604         720.3075, F.S.; conforming provisions to changes made
  605         by the act; revising provisions requiring the use of
  606         Florida-friendly landscaping for specified public
  607         properties and highway construction and maintenance
  608         projects; providing an effective date.