CS/HB 593

1
A bill to be entitled
2An act relating to water resources; amending s. 373.185,
3F.S.; revising the definition of Florida-friendly
4landscaping; deleting references to "xeriscape"; requiring
5water management districts to provide model Florida-
6friendly landscaping ordinances to local governments;
7revising eligibility criteria for certain water management
8district incentive programs; requiring certain local
9government ordinances and amendments to include certain
10design standards and identify specified invasive exotic
11plant species; requiring water management districts to
12consult with additional entities for activities relating
13to Florida-friendly landscaping practices; specifying
14programs for the delivery of educational programs relating
15to such practices; providing legislative findings;
16providing that certain regulations prohibiting the
17implementation of Florida-friendly landscaping or
18conflicting with provisions governing the permitting of
19consumptive uses of water are prohibited; providing
20construction; creating s. 373.187, F.S.; requiring water
21management districts to implement Florida-friendly
22landscaping practices on specified properties; requiring
23districts to develop specified programs for implementing
24such practices; amending s. 373.228, F.S.; requiring water
25management districts to consider certain information in
26evaluating water use applications from public water
27suppliers; conforming provisions to changes made by the
28act; amending s. 373.323, F.S.; revising application
29requirements for water well contractor licensure;
30requiring applicants to provide specified documentation;
31amending s. 373.333, F.S.; authorizing an administrative
32fine to be imposed for each occurrence of unlicensed well
33water contracting; amending ss. 125.568, 166.048, 255.259,
34335.167, 380.061, 388.291, 481.303, and 720.3075, F.S.;
35conforming provisions to changes made by the act; revising
36provisions requiring the use of Florida-friendly
37landscaping for specified public properties and highway
38construction and maintenance projects; providing an
39effective date.
40
41Be It Enacted by the Legislature of the State of Florida:
42
43     Section 1.  Section 373.185, Florida Statutes, is amended
44to read:
45     373.185  Local Florida-friendly landscaping Xeriscape
46ordinances.--
47     (1)  As used in this section, the term:
48     (a)  "Local government" means any county or municipality of
49the state.
50     (b)  "Xeriscape" or "Florida-friendly landscaping
51landscape" means quality landscapes that conserve water, and
52protect the environment, and are adaptable to local conditions,
53and which are drought tolerant. The principles of Florida-
54friendly landscaping Xeriscape include planting the right plant
55in the right place, efficient watering, appropriate
56fertilization, mulching, attraction of wildlife, responsible
57management of yard pests, recycling yard waste, reduction of
58stormwater runoff, and waterfront protection. The principles of
59Florida-friendly landscaping include practices such as landscape
60planning and design, appropriate choice of plants, soil
61analysis, which may include the appropriate use of solid waste
62compost, minimizing the use of efficient irrigation, practical
63use of turf, appropriate use of mulches, and proper maintenance.
64     (2)  Each water management district shall design and
65implement an incentive program to encourage all local
66governments within its district to adopt new ordinances or amend
67existing ordinances to require Florida-friendly Xeriscape
68landscaping for development permitted after the effective date
69of the new ordinance or amendment. Each district shall adopt
70rules governing the implementation of its incentive program and
71governing the review and approval of local government Xeriscape
72ordinances or amendments which are intended to qualify a local
73government for the incentive program. Each district shall assist
74the local governments within its jurisdiction by providing a
75model Florida-friendly landscaping ordinance Xeriscape code and
76other technical assistance. Each district may develop its own
77model or use a model contained in the "Florida-Friendly
78Landscape Guidance Models for Ordinances, Covenants, and
79Restrictions" manual developed by the Department of
80Environmental Protection. A local government Florida-friendly
81landscaping Xeriscape ordinance or amendment, in order to
82qualify the local government for a district's incentive program,
83must include, at a minimum:
84     (a)  Landscape design, installation, and maintenance
85standards that result in water conservation and water quality
86protection or restoration. Such standards shall address the use
87of plant groupings, soil analysis including the promotion of the
88use of solid waste compost, efficient irrigation systems, and
89other water-conserving practices.
90     (b)  Identification of prohibited invasive exotic plant
91species consistent with the provisions of s. 581.091.
92     (c)  Identification of controlled plant species,
93accompanied by the conditions under which such plants may be
94used.
95     (d)  A provision specifying the maximum percentage of
96irrigated turf and the maximum percentage of impervious surfaces
97allowed in a Florida-friendly landscaped xeriscaped area and
98addressing the practical selection and installation of turf.
99     (e)  Specific standards for land clearing and requirements
100for the preservation of existing native vegetation.
101     (f)  A monitoring program for ordinance implementation and
102compliance.
103
104In addition to developing and implementing an incentive program,
105each district The districts also shall work with local
106governments, the Department of Environmental Protection, county
107extension agents or offices, nursery and landscape industry
108groups, and other interested stakeholders to promote, through
109educational programs, and publications, and other activities of
110the district authorized under this chapter, the use of Florida-
111friendly landscaping Xeriscape practices, including the use of
112solid waste compost, in existing residential and commercial
113development. In these activities, each district shall use the
114materials developed by the department, the Institute of Food and
115Agricultural Sciences at the University of Florida, and the
116Center for Landscape Conservation and Ecology Florida-friendly
117landscaping program, including, but not limited to, the Florida
118Yards and Neighborhoods Program for homeowners, the Florida
119Yards and Neighborhoods Builder Developer Program for
120developers, and the Green Industries Best Management Practices
121Program for landscaping professionals. Each district may develop
122supplemental materials as appropriate to address the physical
123and natural characteristics of the district. The districts shall
124coordinate with the department and the Institute of Food and
125Agricultural Sciences at the University of Florida if revisions
126to the educational materials of the department or university are
127needed. This section may not be construed to limit the authority
128of the districts to require Xeriscape ordinances or practices as
129a condition of any consumptive use permit.
130     (3)(a)  The Legislature finds that the use of Florida-
131friendly landscaping and other water use and pollution
132prevention measures that conserve or protect the state's water
133resources serves a compelling public interest and that the
134participation of homeowners' associations and local governments
135is essential to state water conservation and water quality
136protection and restoration efforts.
137     (b)  A deed restriction, or covenant entered after October
1381, 2001, or local government ordinance may not prohibit or be
139enforced to prohibit any property owner from implementing
140Xeriscape or Florida-friendly landscaping landscape on his or
141her land or create any requirement or limitation in conflict
142with any provision of part II of this chapter or a water
143shortage order, other order, consumptive use permit, or rule
144adopted or issued pursuant to part II of this chapter.
145     (4)  This section may not be construed to limit the
146authority of the department or the districts to require Florida-
147friendly landscaping ordinances or practices as a condition of
148any permit under this chapter.
149     Section 2.  Section 373.187, Florida Statutes, is created
150to read:
151     373.187  Water management district implementation of
152Florida-friendly landscaping.--Each water management district
153shall use Florida-friendly landscaping, as defined in s.
154373.185, on public property associated with buildings and
155facilities owned by the water management district and
156constructed after June 30, 2009. Each water management district
157shall also develop a 5-year program for phasing in the use of
158Florida-friendly landscaping on public property associated with
159buildings or facilities owned by the water management district
160and constructed before July 1, 2009.
161     Section 3.  Section 373.228, Florida Statutes, is amended
162to read:
163     373.228  Landscape irrigation design.--
164     (1)  The Legislature finds that multiple areas throughout
165the state have been identified by water management districts as
166water resource caution areas, which indicates that in the near
167future water demand in those areas will exceed the current
168available water supply and that conservation is one of the
169mechanisms by which future water demand will be met.
170     (2)  The Legislature finds that landscape irrigation
171comprises a significant portion of water use and that the
172current typical landscape irrigation system and Florida-friendly
173landscaping xeriscape designs offer significant potential water
174conservation benefits.
175     (3)  It is the intent of the Legislature to improve
176landscape irrigation water use efficiency by ensuring that
177landscape irrigation systems meet or exceed minimum design
178criteria.
179     (4)  The water management districts shall work with the
180Florida Nursery Nurserymen and Growers and Landscape
181Association, the Florida Native Plant Society, the Florida
182Chapter of the American Society of Landscape Architects, the
183Florida Irrigation Society, the Department of Agriculture and
184Consumer Services, the Institute of Food and Agricultural
185Sciences, the Department of Environmental Protection, the
186Department of Transportation, the Florida League of Cities, the
187Florida Association of Counties, and the Florida Association of
188Community Developers to develop landscape irrigation and
189Florida-friendly landscaping xeriscape design standards for new
190construction which incorporate a landscape irrigation system and
191develop scientifically based model guidelines for urban,
192commercial, and residential landscape irrigation, including drip
193irrigation, for plants, trees, sod, and other landscaping. The
194landscape and irrigation design standards shall be based on the
195irrigation code defined in the Florida Building Code, Plumbing
196Volume, Appendix F. Local governments shall use the standards
197and guidelines when developing landscape irrigation and Florida-
198friendly landscaping xeriscape ordinances. By January 1, 2011,
199the agencies and entities specified in this subsection shall
200review the standards and guidelines to determine whether new
201research findings require a change or modification of the
202standards and guidelines.
203     (5)  In evaluating water use applications from public water
204suppliers, water management districts shall consider whether the
205applicable local government has adopted ordinances for
206landscaping and irrigation systems consistent with the Florida-
207friendly landscaping provisions of s. 373.185.
208     Section 4.  Subsection (3) of section 373.323, Florida
209Statutes, is amended to read:
210     373.323  Licensure of water well contractors; application,
211qualifications, and examinations; equipment identification.--
212     (3)  An applicant who meets the following requirements
213shall be entitled to take the water well contractor licensure
214examination to practice water well contracting:
215     (a)  Is at least 18 years of age.
216     (b)  Has at least 2 years of experience in constructing,
217repairing, or abandoning water wells. Satisfactory proof of such
218experience shall be demonstrated by providing:
219     1.  Evidence of the length of time the applicant has been
220engaged in the business of the construction, repair, or
221abandonment of water wells as a major activity, as attested to
222by a letter from each of three of the following persons:
223     a.  A water well contractor.
224     b.  A water well driller.
225     c.  A water well parts and equipment vendor.
226     d.  A water well inspector employed by a governmental
227agency.
228     2.  A list of at least 10 water wells that the applicant
229has constructed, repaired, or abandoned within the preceding 5
230years. Of these wells, at least seven must have been
231constructed, as defined in s. 373.303(2), by the applicant. The
232list shall also include:
233     a.  The name and address of the owner or owners of each
234well.
235     b.  The location, primary use, and approximate depth and
236diameter of each well the applicant has constructed, repaired,
237or abandoned.
238     c.  The approximate date the construction, repair, or
239abandonment of each well was completed.
240     (c)  Has completed the application form and remitted a
241nonrefundable application fee.
242     Section 5.  Subsection (8) of section 373.333, Florida
243Statutes, is amended to read:
244     373.333  Disciplinary guidelines; adoption and enforcement;
245license suspension or revocation.--
246     (8)  The water management district may impose through an
247order an administrative fine not to exceed $5,000 per occurrence
248against an unlicensed person if when it determines that the
249unlicensed person has engaged in the practice of water well
250contracting, for which a license is required.
251     Section 6.  Section 125.568, Florida Statutes, is amended
252to read:
253     125.568  Conservation of water; Florida-friendly
254landscaping Xeriscape.--
255     (1)(a)  The Legislature finds that Florida-friendly
256landscaping Xeriscape contributes to the conservation,
257protection, and restoration of water. In an effort to meet the
258water needs of this state in a manner that will supply adequate
259and dependable supplies of water where needed, it is the intent
260of the Legislature that Florida-friendly landscaping Xeriscape
261be an essential part of water conservation and water quality
262protection and restoration planning.
263     (b)  As used in this section, "Xeriscape" or "Florida-
264friendly landscaping" has the same meaning as in s. 373.185
265landscape" means quality landscapes that conserve water and
266protect the environment and are adaptable to local conditions
267and which are drought tolerant. The principles of Xeriscape
268include planning and design, appropriate choice of plants, soil
269analysis which may include the use of solid waste compost,
270practical use of turf, efficient irrigation, appropriate use of
271mulches, and proper maintenance.
272     (2)  The board of county commissioners of each county shall
273consider enacting ordinances, consistent with the provisions of
274s. 373.185, requiring the use of Florida-friendly landscaping
275Xeriscape as a water conservation or water quality protection or
276restoration measure. If the board determines that Florida-
277friendly landscaping Xeriscape would be of significant benefit
278as a water conservation or water quality protection or
279restoration measure, especially for waters designated as
280impaired pursuant to s. 403.067, relative to the cost to
281implement Florida-friendly Xeriscape landscaping in its area of
282jurisdiction, the board shall enact a Florida-friendly
283landscaping Xeriscape ordinance. Further, the board of county
284commissioners shall consider promoting Florida-friendly
285landscaping Xeriscape as a water conservation or water quality
286protection or restoration measure by: using Florida-friendly
287landscaping Xeriscape in any, around, or near facilities, parks,
288and other common areas under its jurisdiction that which are
289landscaped after the effective date of this act; providing
290public education on Florida-friendly landscaping Xeriscape, its
291uses in increasing as a water conservation and water quality
292protection or restoration tool, and its long-term cost-
293effectiveness; and offering incentives to local residents and
294businesses to implement Florida-friendly Xeriscape landscaping.
295     (3)(a)  The Legislature finds that the use of Florida-
296friendly landscaping and other water use and pollution
297prevention measures that conserve or protect the state's water
298resources serves a compelling public interest and that the
299participation of homeowners' associations and local governments
300is essential to state water conservation and water quality
301protection and restoration efforts.
302     (b)  A deed restriction, or covenant entered after October
3031, 2001, or local government ordinance may not prohibit or be
304enforced to prohibit any property owner from implementing
305Xeriscape or Florida-friendly landscaping landscape on his or
306her land or create any requirement or limitation in conflict
307with any provision of part II of chapter 373 or a water shortage
308order, other order, consumptive use permit, or rule adopted or
309issued pursuant to part II of chapter 373.
310     Section 7.  Section 166.048, Florida Statutes, is amended
311to read:
312     166.048  Conservation of water; Florida-friendly
313landscaping Xeriscape.--
314     (1)(a)  The Legislature finds that Florida-friendly
315landscaping Xeriscape contributes to the conservation,
316protection, and restoration of water. In an effort to meet the
317water needs of this state in a manner that will supply adequate
318and dependable supplies of water where needed, it is the intent
319of the Legislature that Florida-friendly landscaping Xeriscape
320be an essential part of water conservation and water quality
321protection and restoration planning.
322     (b)  As used in this section, "Xeriscape" or "Florida-
323friendly landscaping" has the same meaning as in s. 373.185
324landscape" means quality landscapes that conserve water and
325protect the environment and are adaptable to local conditions
326and which are drought tolerant. The principles of Xeriscape
327include planning and design, appropriate choice of plants, soil
328analysis which may include the use of solid waste compost,
329practical use of turf, efficient irrigation, appropriate use of
330mulches, and proper maintenance.
331     (2)  The governing body of each municipality shall consider
332enacting ordinances, consistent with the provisions of s.
333373.185, requiring the use of Florida-friendly landscaping
334Xeriscape as a water conservation or water quality protection or
335restoration measure. If the governing body determines that
336Florida-friendly landscaping Xeriscape would be of significant
337benefit as a water conservation or water quality protection or
338restoration measure, especially for waters designated as
339impaired pursuant to s. 403.067, relative to the cost to
340implement Florida-friendly Xeriscape landscaping in its area of
341jurisdiction in the municipality, the governing body board shall
342enact a Florida-friendly landscaping Xeriscape ordinance.
343Further, the governing body shall consider promoting Florida-
344friendly landscaping Xeriscape as a water conservation or water
345quality protection or restoration measure by: using Florida-
346friendly landscaping Xeriscape in any, around, or near
347facilities, parks, and other common areas under its jurisdiction
348that which are landscaped after the effective date of this act;
349providing public education on Florida-friendly landscaping
350Xeriscape, its uses in increasing as a water conservation and
351water quality protection or restoration tool, and its long-term
352cost-effectiveness; and offering incentives to local residents
353and businesses to implement Florida-friendly Xeriscape
354landscaping.
355     (3)(a)  The Legislature finds that the use of Florida-
356friendly landscaping and other water use and pollution
357prevention measures that conserve or protect the state's water
358resources serves a compelling public interest and that the
359participation of homeowners' associations and local governments
360is essential to state water conservation and water quality
361protection and restoration efforts.
362     (b)  A deed restriction, or covenant entered after October
3631, 2001, or local government ordinance may not prohibit or be
364enforced to prohibit any property owner from implementing
365Xeriscape or Florida-friendly landscaping landscape on his or
366her land or create any requirement or limitation in conflict
367with any provision of part II of chapter 373 or a water shortage
368order, other order, consumptive use permit, or rule adopted or
369issued pursuant to part II of chapter 373.
370     Section 8.  Section 255.259, Florida Statutes, is amended
371to read:
372     255.259  Florida-friendly Xeriscape landscaping on public
373property.--
374     (1)  The Legislature finds that water conservation and
375water quality protection and restoration are is increasingly
376critical to the continuance of an adequate water supply and
377healthy surface and ground waters for the citizens of this
378state. The Legislature further finds that "Florida-friendly
379landscaping Xeriscape," as defined in s. 373.185, can contribute
380significantly to water the conservation and of water quality
381protection and restoration. Finally, the Legislature finds that
382state government has the responsibility to promote Florida-
383friendly landscaping Xeriscape as a water conservation and water
384quality protection and restoration measure by using Florida-
385friendly landscaping Xeriscape on public property associated
386with publicly owned buildings or facilities.
387     (2)  As used in this section, "publicly owned buildings or
388facilities" means those construction projects under the purview
389of the Department of Management Services. It does not include
390environmentally endangered land or roads and highway
391construction under the purview of the Department of
392Transportation.
393     (3)  The Department of Management Services, in consultation
394with the Department of Environmental Protection, shall adopt
395rules and guidelines for the required use of Florida-friendly
396landscaping Xeriscape on public property associated with
397publicly owned buildings or facilities constructed after June
39830, 2009 1992. The Department of Management Services also shall
399develop a 5-year program for phasing in the use of Florida-
400friendly landscaping Xeriscape on public property associated
401with publicly owned buildings or facilities constructed before
402July 1, 2009 1992. In accomplishing these tasks, the Department
403of Management Services shall take into account the provisions of
404guidelines set out in s. 373.185(2)(a)-(f). The Department of
405Transportation shall implement Florida-friendly Xeriscape
406landscaping pursuant to s. 335.167.
407     (4)(a)  The Legislature finds that the use of Florida-
408friendly landscaping and other water use and pollution
409prevention measures that conserve or protect the state's water
410resources serves a compelling public interest and that the
411participation of homeowners' associations and local governments
412is essential to state water conservation and water quality
413protection and restoration efforts.
414     (b)  A deed restriction, or covenant entered after October
4151, 2001, or local government ordinance may not prohibit or be
416enforced to prohibit any property owner from implementing
417Xeriscape or Florida-friendly landscaping landscape on his or
418her land or create any requirement or limitation in conflict
419with any provision of part II of chapter 373 or a water shortage
420order, other order, consumptive use permit, or rule adopted or
421issued pursuant to part II of chapter 373.
422     Section 9.  Section 335.167, Florida Statutes, is amended
423to read:
424     335.167  State highway construction and maintenance;
425Xeriscape or Florida-friendly landscaping.--
426     (1)  The department shall use and require the use of
427Florida-friendly landscaping Xeriscape practices, as defined in
428s. 373.185(1), in the construction and maintenance of all new
429state highways, wayside parks, access roads, welcome stations,
430and other state highway rights-of-way constructed upon or
431acquired after June 30, 2009 1992. The department shall develop
432a 5-year program for phasing in the use of Florida-friendly
433landscaping Xeriscape, including the use of solid waste compost,
434in state highway rights-of-way constructed upon or acquired
435before July 1, 2009 1992. In accomplishing these tasks, the
436department shall employ the guidelines set out in s.
437373.185(2)(a)-(f).
438     (2)(a)  The Legislature finds that the use of Florida-
439friendly landscaping and other water use and pollution
440prevention measures that conserve or protect the state's water
441resources serves a compelling public interest and that the
442participation of homeowners' associations and local governments
443is essential to state water conservation and water quality
444protection and restoration efforts.
445     (b)  A deed restriction, or covenant entered after October
4461, 2001, or local government ordinance may not prohibit or be
447enforced to prohibit any property owner from implementing
448Xeriscape or Florida-friendly landscaping landscape on his or
449her land or create any requirement or limitation in conflict
450with any provision of part II of chapter 373 or a water shortage
451order, other order, consumptive use permit, or rule adopted or
452issued pursuant to part II of chapter 373.
453     Section 10.  Paragraph (a) of subsection (3) of section
454380.061, Florida Statutes, is amended to read:
455     380.061  The Florida Quality Developments program.--
456     (3)(a)  To be eligible for designation under this program,
457the developer shall comply with each of the following
458requirements which is applicable to the site of a qualified
459development:
460     1.  Have donated or entered into a binding commitment to
461donate the fee or a lesser interest sufficient to protect, in
462perpetuity, the natural attributes of the types of land listed
463below. In lieu of the above requirement, the developer may enter
464into a binding commitment which runs with the land to set aside
465such areas on the property, in perpetuity, as open space to be
466retained in a natural condition or as otherwise permitted under
467this subparagraph. Under the requirements of this subparagraph,
468the developer may reserve the right to use such areas for the
469purpose of passive recreation that is consistent with the
470purposes for which the land was preserved.
471     a.  Those wetlands and water bodies throughout the state as
472would be delineated if the provisions of s. 373.4145(1)(b) were
473applied. The developer may use such areas for the purpose of
474site access, provided other routes of access are unavailable or
475impracticable; may use such areas for the purpose of stormwater
476or domestic sewage management and other necessary utilities to
477the extent that such uses are permitted pursuant to chapter 403;
478or may redesign or alter wetlands and water bodies within the
479jurisdiction of the Department of Environmental Protection which
480have been artificially created, if the redesign or alteration is
481done so as to produce a more naturally functioning system.
482     b.  Active beach or primary and, where appropriate,
483secondary dunes, to maintain the integrity of the dune system
484and adequate public accessways to the beach. However, the
485developer may retain the right to construct and maintain
486elevated walkways over the dunes to provide access to the beach.
487     c.  Known archaeological sites determined to be of
488significance by the Division of Historical Resources of the
489Department of State.
490     d.  Areas known to be important to animal species
491designated as endangered or threatened animal species by the
492United States Fish and Wildlife Service or by the Fish and
493Wildlife Conservation Commission, for reproduction, feeding, or
494nesting; for traveling between such areas used for reproduction,
495feeding, or nesting; or for escape from predation.
496     e.  Areas known to contain plant species designated as
497endangered plant species by the Department of Agriculture and
498Consumer Services.
499     2.  Produce, or dispose of, no substances designated as
500hazardous or toxic substances by the United States Environmental
501Protection Agency or by the Department of Environmental
502Protection or the Department of Agriculture and Consumer
503Services. This subparagraph is not intended to apply to the
504production of these substances in nonsignificant amounts as
505would occur through household use or incidental use by
506businesses.
507     3.  Participate in a downtown reuse or redevelopment
508program to improve and rehabilitate a declining downtown area.
509     4.  Incorporate no dredge and fill activities in, and no
510stormwater discharge into, waters designated as Class II,
511aquatic preserves, or Outstanding Florida Waters, except as
512activities in those waters are permitted pursuant to s.
513403.813(2) and the developer demonstrates that those activities
514meet the standards under Class II waters, Outstanding Florida
515Waters, or aquatic preserves, as applicable.
516     5.  Include open space, recreation areas, Florida-friendly
517landscaping Xeriscape as defined in s. 373.185, and energy
518conservation and minimize impermeable surfaces as appropriate to
519the location and type of project.
520     6.  Provide for construction and maintenance of all onsite
521infrastructure necessary to support the project and enter into a
522binding commitment with local government to provide an
523appropriate fair-share contribution toward the offsite impacts
524which the development will impose on publicly funded facilities
525and services, except offsite transportation, and condition or
526phase the commencement of development to ensure that public
527facilities and services, except offsite transportation, will be
528available concurrent with the impacts of the development. For
529the purposes of offsite transportation impacts, the developer
530shall comply, at a minimum, with the standards of the state land
531planning agency's development-of-regional-impact transportation
532rule, the approved strategic regional policy plan, any
533applicable regional planning council transportation rule, and
534the approved local government comprehensive plan and land
535development regulations adopted pursuant to part II of chapter
536163.
537     7.  Design and construct the development in a manner that
538is consistent with the adopted state plan, the applicable
539strategic regional policy plan, and the applicable adopted local
540government comprehensive plan.
541     Section 11.  Subsection (3) of section 388.291, Florida
542Statutes, is amended to read:
543     388.291  Source reduction measures; supervision by
544department.--
545     (3)  Property owners in a developed residential area are
546required to maintain their property in such a manner so as not
547to create or maintain any standing freshwater condition capable
548of breeding mosquitoes or other arthropods in significant
549numbers so as to constitute a public health, welfare, or
550nuisance problem. Nothing in this subsection shall permit the
551alteration of permitted stormwater management systems or
552prohibit maintained fish ponds, Florida-friendly landscaping
553xeriscaping, or other maintained systems of landscaping or
554vegetation. If such a condition is found to exist, the local
555arthropod control agency shall serve notice on the property
556owner to treat, remove, or abate the condition. Such notice
557shall serve as prima facie evidence of maintaining a nuisance,
558and upon failure of the property owner to treat, remove, or
559abate the condition, the local arthropod control agency or any
560affected citizen may proceed pursuant to s. 60.05 to enjoin the
561nuisance and may recover costs and attorney's fees if they
562prevail in the action.
563     Section 12.  Paragraph (a) of subsection (6) of section
564481.303, Florida Statutes, is amended to read:
565     481.303  Definitions.--As used in this chapter:
566     (6)  "Landscape architecture" means professional services,
567including, but not limited to, the following:
568     (a)  Consultation, investigation, research, planning,
569design, preparation of drawings, specifications, contract
570documents and reports, responsible construction supervision, or
571landscape management in connection with the planning and
572development of land and incidental water areas, including the
573use of Florida-friendly landscaping Xeriscape as defined in s.
574373.185, where, and to the extent that, the dominant purpose of
575such services or creative works is the preservation,
576conservation, enhancement, or determination of proper land uses,
577natural land features, ground cover and plantings, or
578naturalistic and aesthetic values;
579     Section 13.  Subsection (4) of section 720.3075, Florida
580Statutes, is amended to read:
581     720.3075  Prohibited clauses in association documents.--
582     (4)(a)  The Legislature finds that the use of Florida-
583friendly landscaping and other water use and pollution
584prevention measures that conserve or protect the state's water
585resources serves a compelling public interest and that the
586participation of homeowners' associations and local governments
587is essential to state water conservation and water quality
588protection and restoration efforts.
589     (b)  Homeowners' association documents, including
590declarations of covenants, articles of incorporation, or bylaws,
591entered after October 1, 2001, may not prohibit or be enforced
592to prohibit any property owner from implementing Xeriscape or
593Florida-friendly landscaping landscape, as defined in s.
594373.185(1), on his or her land or create any requirement or
595limitation in conflict with any provision of part II of chapter
596373 or a water shortage order, other order, consumptive use
597permit, or rule adopted or issued pursuant to part II of chapter
598373.
599     Section 14.  This act shall take effect July 1, 2009.


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