HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES...

HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES

Amendment No.1 (for drafter's use only)

Bill No. HB 593

COUNCIL/COMMITTEE ACTION

ADOPTED (Y/N)

ADOPTED AS AMENDED (Y/N)

ADOPTED W/O OBJECTION (Y/N)

FAILED TO ADOPT (Y/N)

WITHDRAWN (Y/N)

OTHER

1 Council/Committee hearing bill: Agriculture & Natural Resources

2 Policy Committee

3 Representative Boyd offered the following:

4

5 Amendment (with title amendment)

6 Remove everything after the enacting clause and insert:

7 Section 1. Section 373.167, Florida Statutes is created to

8 read:

9 373.167 Water Management District Implementation of

10 Florida-friendly landscaping.--

11 Each water management district shall use Florida-friendly

12 landscaping, as defined in s. 373.185, on public property

13 associated with buildings and facilities owned by the water

14 management district and constructed after June 30, 2009. Each

15 water management district shall develop a 5-year program for

16 phasing in the use of Florida-friendly landscaping on public

17 property associated with buildings or facilities owned by the

18 water management district and constructed before July 1, 2009.

19 Section 2. Section 373.185, Florida Statutes, is amended to

20 read:

21 373.185 Local Florida-friendly landscaping Xeriseape

22 ordinances.--

of 21HB 593 strike all.xml



23 (1) As used in this section, the term:

24 (a) "Local government" means any county or municipality of

25 the state.

26 (b) "Xeriscape" or "Florida-friendly landscaping" means

27 quality landscapes that conserve waterL aft4 protect the

28 environmentL aft4 are adaptable to local conditionsL and ',,'hich

29 are drought tolerant. The principles of Florida-friendly

30 landscaping Xeriscape include planting the right plant in the

31 right place, efficient watering, appropriate fertilization,

32 mulching, attraction of wildlife, responsible management of yard

33 pests, recycling yard waste, reduction of stormwater runoff, and

34 waterfront protection. The principles of Florida-friendly

35 landscaping include elements such as landscape planning and

36 design, appropriate choice of plants, soil analysisL which may

37 include the appropriate use of solid waste compost, minimizing

38 the use of efficient irrigation, practical use of turf,

39 appropriate use of mulches, and proper maintenance.

40 (2) Each water management district shall design and

41 implement an incentive program to encourage all local

42 governments within its district to adopt new ordinances or amend

43 existing ordinances to require Florida-friendly Xeriscape

44 landscaping for development permitted after the effective date

45 of the new ordinance or amendment. Each district shall adopt

46 rules governing the implementation of its incentive program and

47 governing the revie;J and approval of local government Xeriscape

48 ordinances or amendments which are intended to qualify a local

49 government for the incentive program. Each district shall assist

50 the local governments within its jurisdiction by providing a

51 model Florida-friendly landscaping Xeriscape ordinance eede and

52 other technical assistance. Districts may use the "Florida-

53 friendly Landscape Guidance Models for Ordinances, Covenants,




54 and Restrictions" developed by the Department of Environmental

55 Protection instead of developing their own. A local government

56 Florida-friendly landscaping Xeriscape ordinance or amendment,

57 in order to qualify the local government for a district's

58 incentive program, must include, at a minimum:

59 (a) Landscape design, installation, and maintenance

60 standards that result in water conservation and water quality

61 protection or restoration. Such standards shall address the use

62 of plant groupings, soil analysis including the promotion of the

63 use of solid waste compost, efficient irrigation systems, and

64 other water-conserving practices.

65 (b) Identification of prohibited invasive exotic plant

66 species consistent with the provisions of s. 581.091.

67 (c) Identification of controlled plant species, accompanied

68 by the conditions under which such plants may be used.

69 (d) A provision specifying the maximum percentage of

70 irrigated turf and the maximum percentage of impervious surfaces

71 allowed in a Florida-friendly landscaped xeriscaped area and

72 addressing the practical selection and installation of turf.

73 (e) Specific standards for land clearing and requirements

74 for the preservation of existing native vegetation.

75 (f) A monitoring program for ordinance implementation and

76 compliance.

77

78 In addition to the incentive program, ~!he districts also shall

79 work with local governments, the Department of Environmental

80 Protection, county extension agents or offices, nursery and

81 landscape industry groups, and other interested stakeholders to

82 promote, through educational programsL-aftd publications, and

83 other activities of the districts authorized under this chapter,

84 the use of Florida-friendly landscaping Xeriscape practices,




85 including the use of solid waste compost, in existing

86 residential and commercial development. In these activities,

87 each district shall use the materials previously developed by

88 the Department of Environmental Protection and the University of

89 Florida Institute of Food and Agricultural Sciences Extension

90 and the Center for Landscape Conservation and Ecology Florida

91 friendly landscaping program, including but not limited to, the

92 Florida Yards & Neighborhoods program for homeowners, the

93 Florida Yards & Neighborhoods Builder Developer program for

94 developers, and the Green Industry Best Management Practices

95 program for landscaping professionals. Each district may

96 develop supplemental materials as appropriate to address

97 differing physical or natural characteristics within each

98 district. Each district shall coordinate with the Department and

99 the University of Florida if revisions of the educational

100 materials of the Department or University of Florida are needed.

101 This section may not be construed to limit the authority of the

102 department or the districts to require Florida-friendly

103 landscaping Xeriscape ordinances or practices as a condition of

104 any consumptive use permit under this chapter.

105 (3) A deed restrictionL er covenant entered after October

106 1, 2001, or local government ordinance may not prohibit or be

107 enforced to prohibit any property owner from implementing

108 Xeriseape or Florida-friendly landscaping landseape on his or

109 her land or create any requirement or limitation in conflict

110 with any provision of part II of this chapter or a water

111 shortage order, other order, consumptive use permit, or rule

112 adopted or issued pursuant to part II of this chapter. The

113 Legislature finds that the use of Florida-friendly landscaping

114 and other water use and pollution prevention measures that

115 conserve or protect Florida's water resources serves a




116 compelling public interest and that the participation of

117 homeowners' associations and local governments is essential to

118 state water conservation and protection efforts.

119 Section 3. Subsection (3) of section 373.323, Florida 120

120 Statutes, is amended to read:

121 373.323 Licensure of water well contractors; application,

122 qualifications, and examinations; equipment identification.-

123 (3) An applicant who meets the following requirements shall

124 be entitled to take the water well contractor licensure

125 examination to practice water well contracting:

126 (a) Is at least 18 years of age.

127 (b) Has at least 2 years of experience in constructing,

128 repairing, or abandoning water wells. Satisfactory proof of such

129 experience shall be demonstrated by providing:

130 1. Evidence of the length of time the applicant has been

131 engaged in the business of the construction, repair, or

132 abandonment of water wells as a major activity, as attested to

133 by three letters from any of the following persons:

134 a. Water well contractors.

135 b. Water well drillers.

136 c. Water well parts and equipment vendors.

137 d. Water well inspectors employed by a governmental agency.

138 2. A list of at least 10 water wells that the applicant has

139 constructed, repaired, or abandoned within the preceding 5

140 years. Of these wells, at least seven must have been

141 constructed, as defined in s. 373.303(2), by the applicant. The

142 list to be provided under this subparagraph shall also include:

143 a. The name and address of the owner or owners of each

144 well.




145 b. The location, primary use, and approximate depth and

146 diameter of each well the applicant has constructed, repaired,

147 or abandoned.

148 c. The approximate date the construction, repair, or

149 abandonment of each well was completed.

150 (c) Has completed the application form and remitted a

151 nonrefundable application fee.

152 Section 4. Subsection (8) of section 373.333, Florida


154 373.333 Disciplinary guidelines; adoption and enforcement;

155 license suspension or revocation.-

156 (8) The water management district may impose through an

157 order an administrative fine not to exceed $5,000 per occurrence

158 against an unlicensed person if wfteft it determines that the

159 unlicensed person has engaged in the practice of water well

160 contractingT for which a license is required.


162 read:

163 125.568 Conservation of water; Florida-friendly landscaping

164 Xeriscape.--

165 (1) (a) The Legislature finds that Florida-friendly

166 landscaping Xeriscape contributes to the conservation of water.

167 In an effort to meet the water needs of this state in a manner

168 that will supply adequate and dependable supplies of water where

169 needed, it is the intent of the Legislature that Florida-

170 friendly landscaping Xeriscape be an essential part of water

171 conservation planning.

172 (b) "Xeriscape" or "Florida-friendly landscaping" for the

173 purpose of implementing this part shall have the same meaning as

174 defined in s. 373.185.means quality landscapes that conserve

175 water and protect the environment and are adaptable to local




176 conditions and which are drought tolerant. The principles of

177 Xeriscape include planning and design, appropriate choice of

178 plants, soil analysis which may include the use of solid waste

179 compost, practical use of turf, efficient irrigation,


181 (2) The board of county commissioners of each county shall

182 consider enacting ordinances, consistent with the requirements

183 in S. 373.185~, requiring the use of Florida-friendly

184 landscaping Xeriscape as a water conservation or water quality

185 protection or restoration measure. If the board determines that

186 Florida-friendly landscaping Xeriscape would be of significant

187 benefit as a water conservation measure or a water quality

188 protection or restoration measure, especially for impaired

189 waters designated pursuant to s. 403.067, relative to the cost

190 to implement Florida-friendly Xeriscape landscaping in its area

191 of jurisdiction, the board shall enact a Florida-friendly

192 landscaping Xeriscape ordinance. Further, the board of county

193 commissioners shall consider promoting Florida-friendly

194 landscaping Xeriscape as a water conservation or water quality

195 protection or restoration measure by: using Florida-friendly

196 landscaping Xeriscape in any, around, or near facilities, parks,

197 and other common areas under its jurisdiction that ~vhich are

198 landscaped after the effective date of this act; providing

199 public education on Florida-friendly landscaping Xeriscape, its

200 uses as a water conservation or water quality protection or

201 restoration tool, and its long-term cost-effectiveness; and

202 offering incentives to local residents and businesses to

203 implement Florida-friendly Xeriscape landscaping.







207 Xeriscape or Florida-friendly landscaping landscape on his or


209 with any provision of part II of chapter 373 or a water shortage

210 order, other order, consumptive use permit, or rule adopted or

211 issued pursuant to part II of chapter 373. The Legislature finds

212 that the use of Florida-friendly landscapes that conserve or

213 protect Florida's water resources serves a compelling public

214 interest and that the participation of homeowners' associations

215 and local governments is essential to state water conservation

216 and protection efforts.


218 read:

219 166.048 Conservation of water; Florida-friendly landscaping

220 Xeriscape.--

221 (1) (a) The Legislature finds that Florida-friendly

222 landscaping Xeriscape contributes to the conservation of water.

223 In an effort to meet the water needs of this state in a manner

224 that will supply adequate and dependable supplies of water where

225 needed, it is the intent of the Legislature that Florida-

226 friendly landscaping Xeriscape be an essential part of water

227 conservation planning.

228 (b) "Xeriscape" or "Florida-friendly landscaping" for the

229 purpose of implementing this part shall have the same meaning as

230 defined in s. 373.185.means quality landscapes that conserve

231 \Jater and protect the environment and are adaptable to local

232 conditions and vJhich are drought tolerant. The principles of

233 Xeriscape include planning and design, appropriate choice of

234 plants, soil analysis which may include the use of solid waste

235 compost, practical use of turf, efficient irrigation,





237 (2) The governing body of each municipality shall consider

238 enacting ordinances, consistent with the requirements in S.

239 373.185~, requiring the use of Florida-friendly landscaping

240 Xeriscape as a water conservation or water quality protection or

241 restoration measure. If the governing body determines that

242 Florida-friendly landscaping Xeriscape would be of significant

243 benefit as a water conservation measure or a water quality

244 protection or restoration measure, especially for impaired

245 waters designated pursuant to S. 403.067, relative to the cost

246 to implement Florida-friendly Xeriscape landscaping in its area

247 of jurisdiction in the municipality, the board shall enact a

248 Florida-friendly landscaping Xeriseape ordinance. Further, the

249 governing body shall consider promoting Florida-friendly

250 landscaping Xeriscape as a water conservation measure or water

251 quality protection by: using Florida-friendly landscaping

252 Xeriscape in any, around, or near facilities, parks, and other

253 common areas under its jurisdiction that vJhich are landscaped

254 after the effective date of this act; providing public education

255 on Florida-friendly landscaping Xeriscape, its uses to achieve

256 greater ae-a water conservation~ and water quality

257 protection, and its long-term cost-effectiveness; and offering

258 incentives to local residents and businesses to implement

259 Florida-friendly Xeriscape landscaping.

260 (3) A deed restriction~ eT covenant entered after October



263 Xeriscape or Florida-friendly landscaping landscape on his or














274 read:

275 255.259 Florida-friendly Xeriscape landscaping on public

276 property.--

277 (1) The Legislature finds that water conservation and water

278 quality protection and restoration is increasingly critical to

279 the continuance of an adequate water supply and healthy surface

280 and ground waters for the citizens of this state. The

281 Legislature further finds that "Florida-friendly landscaping

282 Xeriscape," as defined in s. 373.185, can contribute

283 significantly to water ~ conservation and water quality

284 protection or restoration of water. Finally, the Legislature

285 finds that state government has the responsibility to promote

286 Florida-friendly landscaping Xeriscape as a water conservation

287 and water quality protection or restoration measure by using

288 Florida-friendly landscaping Xeriscape on public property

289 associated with publicly owned buildings or facilities.

290 (2) As used in this section, "publicly owned buildings or

291 facilities" means those construction projects under the purview

292 of the Department of Management Services. It does not include

293 environmentally endangered land or roads and highway

294 construction under the purview of the Department of

295 Transportation.

296 (3) The Department of Management Services, in consultation

297 with the Department of Environmental Protection, shall adopt

298 rules and guidelines for the required use of Florida-friendly




299 landscaping Xeriscape on public property associated with

300 publicly owned buildings or facilities constructed after June

301 30, 2009 ~. The Department of Management Services also shall

302 develop a 5-year program for phasing in the use of Florida-

303 friendly landscaping Xeriscape on public property associated

304 with publicly owned buildings or facilities constructed before

305 July 1, 2009 ~. In accomplishing these tasks, the Department

306 of Management Services shall take into account the provisions of

307 guidelines set out in s. 373.185(2) (a) (f). The Department of

308 Transportation shall implement Florida-friendly Xeriscape

309 landscaping pursuant to s. 335.167.




313 Xeriscape or Florida-friendly landscaping landseape on his or











324 read:

325 335.167 State highway construction and maintenance;

326 Xeriscape or Florida-friendly landscaping.--

327 (1) The department shall use and require the use of

328 Florida-friendly landscaping Xeriscape practices, as defined in

329 s. 373. 185+±t, in the construction and maintenance of all new


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state highways, wayside parks, access roads, welcome stations,

and other state highway rights-of-way constructed upon or

acquired after June 30, 2009 ~. The department shall develop

a 5-year program for phasing in the use of Florida-friendly

landscaping Xeriseape, including the use of solid waste compost,

in state highway rights-of-way constructed upon or acquired

before July 1, 2009 ~. In accomplishing these tasks, the

department shall employ the guidelines set out in s.

373.185 (2) (a) (f).

(2) A deed restrictionL er covenant entered after Oetober

1, 2001, or local government ordinance may not prohibit or be

enforced to prohibit any property owner from implementing

Xeriscape or Florida-friendly landscaping landscape on his or

her land or create any requirement or limitation in conflict)

with any provision of part II of chapter 373 or a water shortage

order, other order, consumptive use permit, or rule adopted or

issued pursuant to part II of chapter 373. The Legislature finds

that the use of Florida-friendly landscapes that conserve or

protect Florida's water resources serves a compelling public

interest and that the participation of homeowners' associations

and local governments is essential to state water conservation

and protection efforts.

Section 9. Subsections (1), (2) and (4) of section 373.228,

Florida Statutes, are amended, and new subsections (5) and (6)

are added to read:

373.228 Landscape irrigation design.--

(1) The Legislature finds that multiple areas throughout

the state have been identified by water management districts as

water resource caution areas, which indicates that in the near

future water demand in those areas will exceed the current




360 available water supply and that conservation is one of the

361 mechanisms by which future water demand will be met.

362 (2) The Legislature finds that landscape irrigation

363 comprises a significant portion of water use and that the

364 current typical landscape irrigation system and Florida-friendly

365 landscaping xeriscape designs offer significant potential water

366 conservation benefits.

367 (3) It is the intent of the Legislature to improve

368 landscape irrigation water use efficiency by ensuring that

369 landscape irrigation systems meet or exceed minimum design

370 criteria.

371 (4) The water management districts shall work with the

372 Florida Nursery Growers and Landscape AssociationFlorida

373 Hurserymen and CrOvJers Association, the Florida Native Plant

374 Society, the Florida Chapter of the American Society of

375 Landscape Architects, the Florida Irrigation Society, the

376 Department of Agriculture and Consumer Services, the Institute

377 of Food and Agricultural Sciences, the Department of

378 Environmental Protection, the Department of Transportation, the

379 Florida League of Cities, the Florida Association of Counties,

380 and the Florida Association of Community Developers to develop

381 landscape irrigation and Florida-friendly landscaping xeriscape

382 design standards for new construction which incorporate a

383 landscape irrigation system and develop scientifically based

384 model guidelines for urban, commercial, and residential

385 landscape irrigation, including drip irrigation, for plants,

386 trees, sod, and other landscaping. The landscape and irrigation

387 design standards shall be based on the irrigation code defined

388 in the Florida Building Code, Plumbing Volume, Appendix F. Local

389 governments shall use the standards and guidelines when

390 developing landscape irrigation and Florida-friendly landscaping




391 }[eriscape ordinances. By January 1, 2011, the agencies and

392 entities specified in this subsection shall review the standards

393 and guidelines to determine whether new research findings

394 require a change or modification of the standards and

395 guidelines.

396 (5) The water management districts shall consider, in

397 evaluating applications for water use from public water

398 suppliers, whether the applicable local government has adopted

399 ordinances for landscaping and irrigation systems consistent

400 with the Florida-friendly landscaping as defined in s. 373.185.



403 380.061 The Florida Quality Developments program.--

404 (3) (a) To be eligible for designation under this program,

405 the developer shall comply with each of the following

406 requirements which is applicable to the site of a qualified

407 development:

408 1. Have donated or entered into a binding commitment to

409 donate the fee or a lesser interest sufficient to protect, in

410 perpetuity, the natural attributes of the types of land listed

411 below. In lieu of the above requirement, the developer may enter

412 into a binding commitment which runs with the land to set aside

413 such areas on the property, in perpetuity, as open space to be

414 retained in a natural condition or as otherwise permitted under

415 this subparagraph. Under the requirements of this subparagraph,

416 the developer may reserve the right to use such areas for the

417 purpose of passive recreation that is consistent with the

418 purposes for which the land was preserved.

419 a. Those wetlands and water bodies throughout the state as

420 would be delineated if the provisions of s. 373.4145(1) (b) were

421 applied. The developer may use such areas for the purpose of




422 site access, provided other routes of access are unavailable or

423 impracticable; may use such areas for the purpose of stormwater

424 or domestic sewage management and other necessary utilities to

425 the extent that such uses are permitted pursuant to chapter 403;

426 or may redesign or alter wetlands and water bodies within the

427 jurisdiction of the Department of Environmental Protection which

428 have been artificially created, if the redesign or alteration is

429 done so as to produce a more naturally functioning system.

430 b. Active beach or primary and, where appropriate,

431 secondary dunes, to maintain the integrity of the dune system

432 and adequate public accessways to the beach. However, the

433 developer may retain the right to construct and maintain

434 elevated walkways over the dunes to provide access to the beach.

435 c. Known archaeological sites determined to be of

436 significance by the Division of Historical Resources of the

437 Department of State.

438 d. Areas known to be important to animal species designated

439 as endangered or threatened animal species by the United States

440 Fish and Wildlife Service or by the Fish and Wildlife

441 Conservation Commission, for reproduction, feeding, or nesting;

442 for traveling between such areas used for reproduction, feeding,

443 or nesting; or for escape from predation.

444 e. Areas known to contain plant species designated as

445 endangered plant species by the Department of Agriculture and

446 Consumer Services.

447 2. Produce, or dispose of, no substances designated as

448 hazardous or toxic substances by the United States Environmental

449 Protection Agency or by the Department of Environmental

450 Protection or the Department of Agriculture and Consumer

451 Services. This subparagraph is not intended to apply to the

452 production of these substances in nonsignificant amounts as




453 would occur through household use or incidental use by

454 businesses.

455 3. Participate in a downtown reuse or redevelopment program

456 to improve and rehabilitate a declining downtown area.

457 4. Incorporate no dredge and fill activities in, and no

458 stormwater discharge into, waters designated as Class II,

459 aquatic preserves, or Outstanding Florida Waters, except as

460 activities in those waters are permitted pursuant to s.

461 403.813(2) and the developer demonstrates that those activities

462 meet the standards under Class II waters, Outstanding Florida

463 Waters, or aquatic preserves, as applicable.

464 5. Include open space, recreation areas, Florida-friendly

465 landscaping Xeriseape as defined in s. 373.185, and energy

466 conservation and minimize impermeable surfaces as appropriate to

467 the location and type of project.

468 6. Provide for construction and maintenance of all onsite

469 infrastructure necessary to support the project and enter into a

470 binding commitment with local government to provide an

471 appropriate fair-share contribution toward the offsite impacts

472 which the development will impose on publicly funded facilities

473 and services, except offsite transportation, and condition or

474 phase the commencement of development to ensure that public

475 facilities and services, except offsite transportation, will be

476 available concurrent with the impacts of the development. For

477 the purposes of offsite transportation impacts, the developer

478 shall comply, at a minimum, with the standards of the state land

479 planning agency's development-of-regional-impact transportation

480 rule, the approved strategic regional policy plan, any

481 applicable regional planning council transportation rule, and

482 the approved local government comprehensive plan and land




483 development regulations adopted pursuant to part II of chapter

484 163.

485 7. Design and construct the development in a manner that is

486 consistent with the adopted state plan, the applicable strategic

487 regional policy plan, and the applicable adopted local

488 government comprehensive plan.

489 (b) In addition to the foregoing requirements, the

490 developer shall plan and design his or her development in a

491 manner which includes the needs of the people in this state as

492 identified in the state comprehensive plan and the quality of

493 life of the people who will live and work in or near the

494 development. The developer is encouraged to plan and design his

495 or her development in an innovative manner. These planning and

496 design features may include, but are not limited to, such things

497 as affordable housing, care for the elderly, urban renewal or

498 redevelopment, mass transit, the protection and preservation of

499 wetlands outside the jurisdiction of the Department of

500 Environmental Protection or of uplands as wildlife habitat,

501 provision for the recycling of solid waste, provision for onsite

502 child care, enhancement of emergency management capabilities,

503 the preservation of areas known to be primary habitat for

504 significant populations of species of special concern designated

505 by the Fish and Wildlife Conservation Commission, or community

506 economic development. These additional amenities will be

507 considered in determining whether the development qualifies for

508 designation under this program.



511 388.291 Source reduction measures; supervision by

512 department.--




513 (3) Property owners in a developed residential area are

514 required to maintain their property in such a manner so as not

515 to create or maintain any standing freshwater condition capable

516 of breeding mosquitoes or other arthropods in significant

517 numbers so as to constitute a public health, welfare, or

518 nuisance problem. Nothing in this subsection shall permit the

519 alteration of permitted stormwater management systems or

520 prohibit maintained fish ponds, Florida-friendly landscaping

521 }ceriscaping, or other maintained systems of landscaping or

522 vegetation. If such a condition is found to exist, the local

523 arthropod control agency shall serve notice on the property

524 owner to treat, remove, or abate the condition. Such notice

525 shall serve as prima facie evidence of maintaining a nuisance,

526 and upon failure of the property owner to treat, remove, or

527 abate the condition, the local arthropod control agency or any

528 affected citizen may proceed pursuant to s. 60.05 to enjoin the

529 nuisance and may recover costs and attorney's fees if they

530 prevail in the action.



533 481.303 Definitions.--As used in this chapter:

534 (6) "Landscape architecture" means professional services,

535 including, but not limited to, the following:

536 (a) Consultation, investigation, research, planning,

537 design, preparation of drawings, specifications, contract

538 documents and reports, responsible construction supervision, or

539 landscape management in connection with the planning and

540 development of land and incidental water areas, including the

541 use of Florida-friendly landscaping Xeriscape as defined in s.

542 373.185, where, and to the extent that, the dominant purpose of

543 such services or creative works is the preservation,




544 conservation, enhancement, or determination of proper land uses,

545 natural land features, ground cover and plantings, or

546 naturalistic and aesthetic values;

547 (b) The determination of settings, grounds, and approaches

548 for and the siting of buildings and structures, outdoor areas,

549 or other improvements;

550 (c) The setting of grades, shaping and contouring of land

551 and water forms, determination of drainage, and provision for

552 storm drainage and irrigation systems where such systems are

553 necessary to the purposes outlined herein; and

554 (d) The design of such tangible objects and features as

555 are necessary to the purpose outlined herein.



558 720.3075 Prohibited clauses in association documents.--

559 (4) Homeowners' association documents, including

560 declarations of covenants, articles of incorporation, or bylaws,

561 entered after October 1, 2001, may not prohibit or be enforced

562 to prohibit any property owner from implementing Xeriscape or

563 Florida-friendly landscaping landscape, as defined in s.

564 373.185+±t, on his or her land or create any requirement or

565 limitation in conflict with any provision of part II of chapter

566 373 or a water shortage order, other order, consumptive use

567 permit, or rule adopted or issued pursuant to part II of chapter

568 373. The Legislature finds that the use of Florida-friendly

569 landscaping and other water use and pollution prevention

570 measures that conserve or protect Florida's wat~r resources

571 serves a compelling public interest and that the participation

572 of homeowners' associations and local governments is essential

573 to state water conservation and protection efforts.

574 Section 14. This act shall take effect July 1, 2009.




575

576

577

578 -----------------------------------------------------

579 TIT LEA MEN D MEN T

580 Remove the entire title and insert:

581 An act relating to water resources; creating s. 373.167, F.S.;

582 requiring water management districts to use Florida-friendly

583 landscaping on public property associated with buildings and

584 facilities owned by the water management district; amending s.

585 373.185, F.S.; revising the principles of Florida-friendly

586 landscape; deleting references to "xeriscape"; requiring the

587 water management districts to work with the Department of

588 Environmental Protection, counties, and nursery and landscape

589 industry groups to promote the use of Florida-friendly

590 landscaping practices; requiring the water management districts

591 to use materials developed by the Department of Environmental

592 Protection and the University of Florida's Institute of Food and

593 Agricultural Sciences Extension and the Center for Landscape

594 Conservation and Ecology to promote the use of Florida-friendly

595 landscaping practices; providing that certain regulations

596 prohibiting the implementation of Florida-friendly landscape or

597 conflicting with provisions governing the permitting of

598 consumptive uses of water are prohibited; providing legislative

599 findings regarding the use of Florida-friendly landscape;

600 amending s. 373.323, F.S.; revising application requirements for

601 water well contractor licensure; requiring applicants to provide

602 specified documentation; amending s. 373.333, F.S.; providing

603 that the water management districts can impose a fine not to

604 exceed $5,000 per occurrence on any person that engages in water

605 well contracting without a license; amending ss. 125.568,




606 166.048, 255.259, 335.167, 373.228, 380.061, 388.291, 481.303,

607 and 720.3075, F.S.; conforming provisions to changes made by the

608 act; providing an effective date.


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