house amendment for council/committee purposes...
TRANSCRIPT
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WITHDRAWN (Y/N)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.--
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No.1 (for drafter's use only)
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,
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No.1 (for drafter's use only)
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,
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
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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
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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.
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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
153 Statutes, is amended to read:
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.
161 Section 5. Section 125.568, Florida Statutes, is amended to
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
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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,
180 appropriate use of mulches, and proper maintenance.
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.
204 (3) A deed restrictionL er covenant entered after October
205 1, 2001, or local government ordinance may not prohibit or be
206 enforced to prohibit any property owner from implementing
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
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207 Xeriscape or Florida-friendly landscaping landscape on his or
208 her land or create any requirement or limitation in conflict
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.
217 Section 6. Section 166.048, Florida Statutes, is amended to
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,
236 appropriate use of mulches, and proper maintenance.
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No.1 (for drafter's use only)
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
261 1, 2001, or local government ordinance may not prohibit or be
262 enforced to prohibit any property owner from implementing
263 Xeriscape or Florida-friendly landscaping landscape on his or
264 her land or create any requirement or limitation in conflict
265 with any provision of part II of chapter 373 or a water shortage
266 order, other order, consumptive use permit, or rule adopted or
267 issued pursuant to part II of chapter 373. The Legislature finds
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No.1 (for drafter's use only)
268 that the use of Florida-friendly landscapes that conserve or
269 protect Florida's water resources serves a compelling public
270 interest and that the participation of homeowners' associations
271 and local governments is essential to state water conservation
272 and protection efforts.
273 Section 7. Section 255.259, Florida Statutes, is amended to
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
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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
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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.
310 (4) A deed restrictionL er covenant entered after October
311 1, 2001, or local government ordinance may not prohibit or be
312 enforced to prohibit any property owner from implementing
313 Xeriscape or Florida-friendly landscaping landseape on his or
314 her land or create any requirement or limitation in conflict
315 with any provision of part II of chapter 373 or a water shortage
316 order, other order, consumptive use permit, or rule adopted or
317 issued pursuant to part II of chapter 373. The Legislature finds
318 that the use of Florida-friendly landscapes that conserve or
319 protect Florida's water resources serves a compelling public
320 interest and that the participation of homeowners' associations
321 and local governments is essential to state water conservation
322 and protection efforts.
323 Section 8. Section 335.167, Florida Statutes, is amended to
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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HOUSE AMENDMENT FOR COUNCIL/COMMITTEE PURPOSES
Amendment No.1 (for drafter's use only)
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
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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
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Amendment No.1 (for drafter's use only)
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.
401 Section 10. Subsection (3) of section 380.061, Florida
402 Statutes, is amended to read:
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
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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
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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
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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.
509 Section 11. Subsection (3) of section 388.291, Florida
510 Statutes, is amended to read:
511 388.291 Source reduction measures; supervision by
512 department.--
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Amendment No.1 (for drafter's use only)
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.
531 Section 12. Subsection (6) of section 481.303, Florida
532 Statutes, is amended to read:
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,
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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.
556 Section 13. Subsection (4) of section 720.3075, Florida
557 Statutes, is amended to read:
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.
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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,
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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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