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The Florida legislature passed in 2009 Senate Bill 2080
-- and Governor Charlie Crist signed it into law. This bill contained some
horrible provisions that sure will help to destroy Florida's environment.
But here are some positive provisions in regards to Florida-friendly landscaping
in homeowners' associations. Hopefully the wording will clarify earlier
used language that has led to lawsuits -- especially when trying to
interpret the word "XERISCAPE!"
HERE IS THE EXACT WORDING OF THE NEW STATUTES (Effective July 1,
2009) THAT REGULATES "FLORIDA-FRIENDLY
LANDSCAPING":
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720.3075 (4)(a) The Legislature finds that the use of Florida friendly landscaping and other water use and pollution prevention measures to conserve or protect the state’s water resources serves a compelling public interest and that the participation of homeowners’ associations and local governments is essential to the state’s efforts in water conservation and water quality protection and restoration.
(b) Homeowners’ association documents, including declarations of covenants, articles of incorporation, or bylaws, may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping, as defined in s. 373.185(1), 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. |
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373.185(1)
(b) “Florida-friendly landscaping” means quality landscapes
that conserve water, protect the environment, and are adaptable to
local conditions, and which are drought tolerant. The principles
of such landscaping include planting the right plant in the right
place, efficient watering, appropriate fertilization, mulching,
attraction of wildlife, responsible management of yard pests,
recycling yard waste, reduction of stormwater runoff, and
waterfront protection. Additional components include practices
such as landscape planning and design, soil analysis, the
appropriate use of solid waste compost, minimizing the use of
irrigation and proper maintenance.
(3)(a)
The Legislature finds that the use of Florida-friendly landscaping
and other water use and pollution prevention measures to conserve
or protect the state’s water resources serves a compelling
public interest and that the participation of homeowners’
associations and local governments is essential to state’s
efforts in water conservation and water quality protection and
restoration.
(b) A deed restriction or covenant may not
prohibit or be enforced so as to prohibit any property owner from
implementing Florida-friendly landscaping on his or her land or
create any requirement or limitation in conflict with any
provision of part II of this chapter or a water shortage order,
other order, consumptive use permit, or rule adopted or issued
pursuant to part II of this chapter.
(c) A local government ordinance may not prohibit or
be enforced so as to prohibit any property owner from implementing
Florida-friendly landscaping on his or her land.
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In
order to avoid lawsuits and/or arbitration each board of administration of
a Condominium or Home Owners Association should adopt Florida-friendly
landscaping specifications for its association.
New Florida landscaping law supersedes homeowner association rules
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