HB 593

1
A bill to be entitled
2An act relating to water resources; amending s. 373.185,
3F.S.; providing legislative findings regarding the use of
4Florida-friendly landscape; revising the principles of
5Florida-friendly landscape; deleting references to
6"xeriscape"; revising eligibility criteria for certain
7water management district incentive programs; requiring
8certain local government ordinances and amendments to
9incorporate specified landscape irrigation and design
10standards and identify specified invasive exotic plant
11species; requiring water management districts to consult
12with additional entities for activities relating to
13Florida-friendly landscape practices; specifying the
14University of Florida's Yards and Neighborhoods extension
15program or a similar program as a primary resource for the
16delivery of educational programs relating to such
17practices; providing that such programs are exempt from
18ch. 120; providing that certain regulations prohibiting
19the implementation of Florida-friendly landscape or
20conflicting with provisions governing the permitting of
21consumptive uses of water are prohibited; providing
22construction; amending s. 373.323, F.S.; revising
23application requirements for water well contractor
24licensure; requiring applicants to provide specified
25documentation; amending ss. 125.568, 166.048, 255.259,
26335.167, 373.228, 380.061, 388.291, 481.303, and 720.3075,
27F.S.; conforming provisions to changes made by the act;
28providing an effective date.
29
30Be It Enacted by the Legislature of the State of Florida:
31
32     Section 1.  Section 373.185, Florida Statutes, is amended
33to read:
34     373.185  Local Florida-friendly Xeriscape ordinances.--
35     (1)  The Legislature finds that the use of Florida-friendly
36landscaping and other measures that conserve the state's water
37resources serves a compelling public interest and that the
38participation of homeowners' associations and local governments
39is essential to state water conservation efforts.
40     (2)(1)  As used in this section, the term:
41     (a)  "Local government" means any county or municipality of
42the state.
43     (b)  "Xeriscape" or "Florida-friendly landscape" means
44quality landscapes that conserve water, and protect the
45environment, and are adaptable to local conditions, and which
46are drought tolerant. The principles of Florida-friendly
47landscape Xeriscape include planting the right plant in the
48right place, efficient watering, appropriate fertilization,
49mulching, attraction of wildlife, responsible management of yard
50pests, recycling yard waste, reduction of stormwater runoff, and
51waterfront protection. Additional components of Florida-friendly
52landscape include planning and design, appropriate choice of
53plants, soil analysis which may include the use of solid waste
54compost, efficient irrigation, practical use of turf,
55appropriate use of mulches, and proper maintenance.
56     (3)(2)  Each water management district shall design and
57implement an incentive program to encourage all local
58governments within its district to adopt new ordinances or amend
59existing ordinances to require Florida-friendly Xeriscape
60landscaping for development permitted after the effective date
61of the new ordinance or amendment. Each district shall establish
62criteria adopt rules governing the implementation of its
63incentive program and governing the review and approval of local
64government Florida-friendly landscape Xeriscape ordinances or
65amendments which are intended to qualify a local government for
66the incentive program. Each district shall assist the local
67governments within its jurisdiction by providing a model
68Florida-friendly landscape Xeriscape code and other technical
69assistance. A local government Florida-friendly landscape
70Xeriscape ordinance or amendment, in order to qualify the local
71government for a district's incentive program, must include, at
72a minimum:
73     (a)  Landscape design, installation, and maintenance
74standards that result in water conservation. Such standards
75shall address the use of plant groupings, soil analysis
76including the promotion of the use of solid waste compost,
77efficient irrigation systems, and other water-conserving
78practices.
79     (b)  Identification of prohibited invasive exotic plant
80species consistent with the provisions of s. 581.091.
81     (c)  Identification of controlled plant species,
82accompanied by the conditions under which such plants may be
83used.
84     (d)  A provision specifying the maximum percentage of turf
85and the maximum percentage of impervious surfaces allowed in a
86Florida-friendly landscaped xeriscaped area and addressing the
87practical selection and installation of turf.
88     (e)  Specific standards for land clearing and requirements
89for the preservation of existing native vegetation.
90     (f)  A monitoring program for ordinance implementation and
91compliance.
92     (g)  Incorporation of the landscape irrigation and Florida-
93friendly landscape design standards developed pursuant to s.
94373.228(4).
95
96The districts also shall work with local governments, county
97extension agents or offices, nursery and landscape industry
98groups, and other interested stakeholders to promote, through
99educational programs and publications, the use of Florida-
100friendly landscape Xeriscape practices, including the use of
101solid waste compost, in existing residential and commercial
102development. The districts shall use the University of Florida's
103Yards and Neighborhoods extension program or a similar program
104as a primary resource for the delivery of educational programs
105to individual homeowners and homeowners' associations. This
106subsection is exempt from the provisions of chapter 120 section
107may not be construed to limit the authority of the districts to
108require Xeriscape ordinances or practices as a condition of any
109consumptive use permit.
110     (4)(3)  A deed restriction, or covenant entered after
111October 1, 2001, or local government ordinance may not be
112enforced to prohibit any property owner from implementing
113Xeriscape or Florida-friendly landscape on his or her land and
114may not create any requirement or limitation in conflict with
115any provision of part II.
116     (5)  This section may not be construed to limit the
117authority of the districts to require Florida-friendly landscape
118ordinances or practices as a condition of any permit under part
119II or part IV.
120     Section 2.  Subsection (3) of section 373.323, Florida
121Statutes, is amended to read:
122     373.323  Licensure of water well contractors; application,
123qualifications, and examinations; equipment identification.--
124     (3)  An applicant who meets the following requirements
125shall be entitled to take the water well contractor licensure
126examination to practice water well contracting:
127     (a)  Is at least 18 years of age.
128     (b)  Has at least 2 years of experience in constructing,
129repairing, or abandoning water wells. Satisfactory proof of such
130experience shall be demonstrated by providing:
131     1.  Evidence of the length of time the applicant has been
132engaged in the business of the construction, repair, or
133abandonment of water wells as a major activity, as attested to
134by three letters from any of the following persons:
135     a.  Water well contractors.
136     b.  Water well drillers.
137     c.  Water well parts and equipment vendors.
138     d.  Water well inspectors employed by a governmental
139agency.
140     2.  A list of at least 10 water wells that the applicant
141has constructed, repaired, or abandoned within the preceding 5
142years. Of these wells, at least seven must have been
143constructed, as defined in s. 373.303(2), by the applicant. The
144list to be provided under this subparagraph shall also include:
145     a.  The name and address of the owner or owners of each
146well.
147     b.  The location, primary use, and approximate depth and
148diameter of each well the applicant has constructed, repaired,
149or abandoned.
150     c.  The approximate date the construction, repair, or
151abandonment of each well was completed.
152     (c)  Has completed the application form and remitted a
153nonrefundable application fee.
154     Section 3.  Section 125.568, Florida Statutes, is amended
155to read:
156     125.568  Conservation of water; Florida-friendly landscape
157Xeriscape.--
158     (1)(a)  The Legislature finds that Florida-friendly
159landscape Xeriscape contributes to the conservation of water. In
160an effort to meet the water needs of this state in a manner that
161will supply adequate and dependable supplies of water where
162needed, it is the intent of the Legislature that Florida-
163friendly landscape Xeriscape be an essential part of water
164conservation planning.
165     (b)  "Xeriscape" or "Florida-friendly landscape" means
166quality landscapes that conserve water, and protect the
167environment, and are adaptable to local conditions, and which
168are drought tolerant. The principles of Florida-friendly
169landscape Xeriscape include planting the right plant in the
170right place, efficient watering, appropriate fertilization,
171mulching, attraction of wildlife, responsible management of yard
172pests, recycling yard waste, reduction of stormwater runoff, and
173waterfront protection. Additional components of Florida-friendly
174landscape include planning and design, appropriate choice of
175plants, soil analysis which may include the use of solid waste
176compost, practical use of turf, efficient irrigation,
177appropriate use of mulches, and proper maintenance.
178     (2)  The board of county commissioners of each county shall
179consider enacting ordinances requiring the use of Florida-
180friendly landscape Xeriscape as a water conservation measure. If
181the board determines that Florida-friendly landscape Xeriscape
182would be of significant benefit as a water conservation measure
183relative to the cost to implement Florida-friendly Xeriscape
184landscaping in its area of jurisdiction, the board shall enact a
185Florida-friendly landscape Xeriscape ordinance. Further, the
186board of county commissioners shall consider promoting Florida-
187friendly landscape Xeriscape as a water conservation measure by:
188using Florida-friendly landscape Xeriscape in, around, or near
189facilities, parks, and other common areas under its jurisdiction
190that which are landscaped after the effective date of this act;
191providing public education on Florida-friendly landscape
192Xeriscape, its uses as a water conservation tool, and its long-
193term cost-effectiveness; and offering incentives to local
194residents and businesses to implement Florida-friendly Xeriscape
195landscaping.
196     (3)  A deed restriction, or covenant entered after October
1971, 2001, or local government ordinance may not be enforced to
198prohibit any property owner from implementing Xeriscape or
199Florida-friendly landscape on his or her land and may not create
200any requirement or limitation in conflict with any provision of
201part II of chapter 373.
202     Section 4.  Section 166.048, Florida Statutes, is amended
203to read:
204     166.048  Conservation of water; Florida-friendly landscape
205Xeriscape.--
206     (1)(a)  The Legislature finds that Florida-friendly
207landscape Xeriscape contributes to the conservation of water. In
208an effort to meet the water needs of this state in a manner that
209will supply adequate and dependable supplies of water where
210needed, it is the intent of the Legislature that Florida-
211friendly landscape Xeriscape be an essential part of water
212conservation planning.
213     (b)  "Xeriscape" or "Florida-friendly landscape" means
214quality landscapes that conserve water, and protect the
215environment, and are adaptable to local conditions, and which
216are drought tolerant. The principles of Florida-friendly
217landscape Xeriscape include planting the right plant in the
218right place, efficient watering, appropriate fertilization,
219mulching, attraction of wildlife, responsible management of yard
220pests, recycling yard waste, reduction of stormwater runoff, and
221waterfront protection. Additional components of Florida-friendly
222landscape include planning and design, appropriate choice of
223plants, soil analysis which may include the use of solid waste
224compost, practical use of turf, efficient irrigation,
225appropriate use of mulches, and proper maintenance.
226     (2)  The governing body of each municipality shall consider
227enacting ordinances requiring the use of Florida-friendly
228landscape Xeriscape as a water conservation measure. If the
229governing body determines that Florida-friendly landscape
230Xeriscape would be of significant benefit as a water
231conservation measure relative to the cost to implement Florida-
232friendly Xeriscape landscaping in its area of jurisdiction in
233the municipality, the board shall enact a Florida-friendly
234landscape Xeriscape ordinance. Further, the governing body shall
235consider promoting Florida-friendly landscape Xeriscape as a
236water conservation measure by: using Florida-friendly landscape
237Xeriscape in, around, or near facilities, parks, and other
238common areas under its jurisdiction that which are landscaped
239after the effective date of this act; providing public education
240on Florida-friendly landscape Xeriscape, its uses as a water
241conservation tool, and its long-term cost-effectiveness; and
242offering incentives to local residents and businesses to
243implement Florida-friendly Xeriscape landscaping.
244     (3)  A deed restriction, or covenant entered after October
2451, 2001, or local government ordinance may not be enforced to
246prohibit any property owner from implementing Xeriscape or
247Florida-friendly landscape on his or her land and may not create
248any requirement or limitation in conflict with any provision of
249part II of chapter 373.
250     Section 5.  Section 255.259, Florida Statutes, is amended
251to read:
252     255.259  Florida-friendly Xeriscape landscaping on public
253property.--
254     (1)  The Legislature finds that water conservation is
255increasingly critical to the continuance of an adequate water
256supply for the citizens of this state. The Legislature further
257finds that "Florida-friendly landscape Xeriscape," as defined in
258s. 373.185, can contribute significantly to the conservation of
259water. Finally, the Legislature finds that state government has
260the responsibility to promote Florida-friendly landscape
261Xeriscape as a water conservation measure by using Florida-
262friendly landscape Xeriscape on public property associated with
263publicly owned buildings or facilities.
264     (2)  As used in this section, "publicly owned buildings or
265facilities" means those construction projects under the purview
266of the Department of Management Services. It does not include
267environmentally endangered land or roads and highway
268construction under the purview of the Department of
269Transportation.
270     (3)  The Department of Management Services, in consultation
271with the Department of Environmental Protection, shall adopt
272rules and guidelines for the required use of Florida-friendly
273landscape Xeriscape on public property associated with publicly
274owned buildings or facilities constructed after June 30, 1992.
275The Department of Management Services also shall develop a 5-
276year program for phasing in the use of Florida-friendly
277landscape Xeriscape on public property associated with publicly
278owned buildings or facilities constructed before July 1, 1992.
279In accomplishing these tasks, the Department of Management
280Services shall take into account the guidelines set out in s.
281373.185(3)(a)-(g)(2)(a)-(f). The Department of Transportation
282shall implement Florida-friendly Xeriscape landscaping pursuant
283to s. 335.167.
284     (4)  A deed restriction, or covenant entered after October
2851, 2001, or local government ordinance may not be enforced to
286prohibit any property owner from implementing Xeriscape or
287Florida-friendly landscape on his or her land and may not create
288any requirement or limitation in conflict with any provision of
289part II of chapter 373.
290     Section 6.  Section 335.167, Florida Statutes, is amended
291to read:
292     335.167  State highway construction and maintenance;
293Xeriscape or Florida-friendly landscaping.--
294     (1)  The department shall use and require the use of
295Florida-friendly landscape Xeriscape practices, as defined in s.
296373.185(2)(1), in the construction and maintenance of all new
297state highways, wayside parks, access roads, welcome stations,
298and other state highway rights-of-way constructed upon or
299acquired after June 30, 1992. The department shall develop a 5-
300year program for phasing in the use of Florida-friendly
301landscape Xeriscape, including the use of solid waste compost,
302in state highway rights-of-way constructed upon or acquired
303before July 1, 1992. In accomplishing these tasks, the
304department shall employ the guidelines set out in s.
305373.185(3)(a)-(g)(2)(a)-(f).
306     (2)  A deed restriction, or covenant entered after October
3071, 2001, or local government ordinance may not be enforced to
308prohibit any property owner from implementing Xeriscape or
309Florida-friendly landscape on his or her land and may not create
310any requirement or limitation in conflict with any provision of
311part II of chapter 373.
312     Section 7.  Subsections (2) and (4) of section 373.228,
313Florida Statutes, are amended to read:
314     373.228  Landscape irrigation design.--
315     (2)  The Legislature finds that landscape irrigation
316comprises a significant portion of water use and that the
317current typical landscape irrigation system and Florida-friendly
318landscape xeriscape designs offer significant potential water
319conservation benefits.
320     (4)  The water management districts shall work with the
321Florida Nurserymen and Growers Association, the Florida Chapter
322of the American Society of Landscape Architects, the Florida
323Irrigation Society, the Department of Agriculture and Consumer
324Services, the Institute of Food and Agricultural Sciences, the
325Department of Environmental Protection, the Department of
326Transportation, the Florida League of Cities, the Florida
327Association of Counties, and the Florida Association of
328Community Developers to develop landscape irrigation and
329Florida-friendly landscape xeriscape design standards for new
330construction which incorporate a landscape irrigation system and
331develop scientifically based model guidelines for urban,
332commercial, and residential landscape irrigation, including drip
333irrigation, for plants, trees, sod, and other landscaping. The
334landscape and irrigation design standards shall be based on the
335irrigation code defined in the Florida Building Code, Plumbing
336Volume, Appendix F. Local governments shall use the standards
337and guidelines when developing landscape irrigation and Florida-
338friendly landscape xeriscape ordinances. By January 1, 2011, the
339agencies and entities specified in this subsection shall review
340the standards and guidelines to determine whether new research
341findings require a change or modification of the standards and
342guidelines.
343     Section 8.  Paragraph (a) of subsection (3) of section
344380.061, Florida Statutes, is amended to read:
345     380.061  The Florida Quality Developments program.--
346     (3)(a)  To be eligible for designation under this program,
347the developer shall comply with each of the following
348requirements which is applicable to the site of a qualified
349development:
350     1.  Have donated or entered into a binding commitment to
351donate the fee or a lesser interest sufficient to protect, in
352perpetuity, the natural attributes of the types of land listed
353below. In lieu of the above requirement, the developer may enter
354into a binding commitment which runs with the land to set aside
355such areas on the property, in perpetuity, as open space to be
356retained in a natural condition or as otherwise permitted under
357this subparagraph. Under the requirements of this subparagraph,
358the developer may reserve the right to use such areas for the
359purpose of passive recreation that is consistent with the
360purposes for which the land was preserved.
361     a.  Those wetlands and water bodies throughout the state as
362would be delineated if the provisions of s. 373.4145(1)(b) were
363applied. The developer may use such areas for the purpose of
364site access, provided other routes of access are unavailable or
365impracticable; may use such areas for the purpose of stormwater
366or domestic sewage management and other necessary utilities to
367the extent that such uses are permitted pursuant to chapter 403;
368or may redesign or alter wetlands and water bodies within the
369jurisdiction of the Department of Environmental Protection which
370have been artificially created, if the redesign or alteration is
371done so as to produce a more naturally functioning system.
372     b.  Active beach or primary and, where appropriate,
373secondary dunes, to maintain the integrity of the dune system
374and adequate public accessways to the beach. However, the
375developer may retain the right to construct and maintain
376elevated walkways over the dunes to provide access to the beach.
377     c.  Known archaeological sites determined to be of
378significance by the Division of Historical Resources of the
379Department of State.
380     d.  Areas known to be important to animal species
381designated as endangered or threatened animal species by the
382United States Fish and Wildlife Service or by the Fish and
383Wildlife Conservation Commission, for reproduction, feeding, or
384nesting; for traveling between such areas used for reproduction,
385feeding, or nesting; or for escape from predation.
386     e.  Areas known to contain plant species designated as
387endangered plant species by the Department of Agriculture and
388Consumer Services.
389     2.  Produce, or dispose of, no substances designated as
390hazardous or toxic substances by the United States Environmental
391Protection Agency or by the Department of Environmental
392Protection or the Department of Agriculture and Consumer
393Services. This subparagraph is not intended to apply to the
394production of these substances in nonsignificant amounts as
395would occur through household use or incidental use by
396businesses.
397     3.  Participate in a downtown reuse or redevelopment
398program to improve and rehabilitate a declining downtown area.
399     4.  Incorporate no dredge and fill activities in, and no
400stormwater discharge into, waters designated as Class II,
401aquatic preserves, or Outstanding Florida Waters, except as
402activities in those waters are permitted pursuant to s.
403403.813(2) and the developer demonstrates that those activities
404meet the standards under Class II waters, Outstanding Florida
405Waters, or aquatic preserves, as applicable.
406     5.  Include open space, recreation areas, Florida-friendly
407landscape Xeriscape as defined in s. 373.185, and energy
408conservation and minimize impermeable surfaces as appropriate to
409the location and type of project.
410     6.  Provide for construction and maintenance of all onsite
411infrastructure necessary to support the project and enter into a
412binding commitment with local government to provide an
413appropriate fair-share contribution toward the offsite impacts
414which the development will impose on publicly funded facilities
415and services, except offsite transportation, and condition or
416phase the commencement of development to ensure that public
417facilities and services, except offsite transportation, will be
418available concurrent with the impacts of the development. For
419the purposes of offsite transportation impacts, the developer
420shall comply, at a minimum, with the standards of the state land
421planning agency's development-of-regional-impact transportation
422rule, the approved strategic regional policy plan, any
423applicable regional planning council transportation rule, and
424the approved local government comprehensive plan and land
425development regulations adopted pursuant to part II of chapter
426163.
427     7.  Design and construct the development in a manner that
428is consistent with the adopted state plan, the applicable
429strategic regional policy plan, and the applicable adopted local
430government comprehensive plan.
431     Section 9.  Subsection (3) of section 388.291, Florida
432Statutes, is amended to read:
433     388.291  Source reduction measures; supervision by
434department.--
435     (3)  Property owners in a developed residential area are
436required to maintain their property in such a manner so as not
437to create or maintain any standing freshwater condition capable
438of breeding mosquitoes or other arthropods in significant
439numbers so as to constitute a public health, welfare, or
440nuisance problem. Nothing in this subsection shall permit the
441alteration of permitted stormwater management systems or
442prohibit maintained fish ponds, Florida-friendly landscaping
443xeriscaping, or other maintained systems of landscaping or
444vegetation. If such a condition is found to exist, the local
445arthropod control agency shall serve notice on the property
446owner to treat, remove, or abate the condition. Such notice
447shall serve as prima facie evidence of maintaining a nuisance,
448and upon failure of the property owner to treat, remove, or
449abate the condition, the local arthropod control agency or any
450affected citizen may proceed pursuant to s. 60.05 to enjoin the
451nuisance and may recover costs and attorney's fees if they
452prevail in the action.
453     Section 10.  Paragraph (a) of subsection (6) of section
454481.303, Florida Statutes, is amended to read:
455     481.303  Definitions.--As used in this chapter:
456     (6)  "Landscape architecture" means professional services,
457including, but not limited to, the following:
458     (a)  Consultation, investigation, research, planning,
459design, preparation of drawings, specifications, contract
460documents and reports, responsible construction supervision, or
461landscape management in connection with the planning and
462development of land and incidental water areas, including the
463use of Florida-friendly landscape Xeriscape as defined in s.
464373.185, where, and to the extent that, the dominant purpose of
465such services or creative works is the preservation,
466conservation, enhancement, or determination of proper land uses,
467natural land features, ground cover and plantings, or
468naturalistic and aesthetic values;
469     Section 11.  Subsection (4) of section 720.3075, Florida
470Statutes, is amended to read:
471     720.3075  Prohibited clauses in association documents.--
472     (4)  Homeowners' association documents, including
473declarations of covenants, articles of incorporation, or bylaws,
474entered after October 1, 2001, may not be enforced to prohibit
475any property owner from implementing Xeriscape or Florida-
476friendly landscape, as defined in s. 373.185(2)(1), on his or
477her land and may not create any requirement or limitation in
478conflict with any provision of part II of chapter 373.
479     Section 12.  This act shall take effect July 1, 2009.


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