The law in Florida that allows you to create a Florida Friendly landscape regardless of your Homeowners Association rules: Excerpt from Senate Bill 2080 Chapter 2009-243 FL Statute 373.0363 Section 720.3075 Prohibited clauses in association documents.— (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 serve 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. Section 29. This act shall take effect July 1, 2009. Approved by the Governor June 30, 2009. Filed in Office Secretary of State June 30, 2009. The SB2080 is about water resources and requires water management districts to provide model FFL ordinances to local governments, requires each district to use the materials developed by the department (FDEP), UF/IFAS, and the Center for Landscape Conservation and Ecology/FFL Program, including FYN home Owners FYN Builder & Developer Program and Green Industries Best Management Practices Program and the Florida Native Plant Society. Requires the use of Florida Friendly / Native plants specified public properties and highway construction and maintenance projects. No deed restriction, covenant, or local government ordinance shall prohibit a property owner from implementing Florida Friendly/Native plant landscapes. The Dept of Management Services, in consultation with the Dept. of Environmental Protection, shall adopt rules and guidelines for the required use of Florida Friendly/Native Plants on public property or facilities after June 30, 2009. Here is the language for irrigation: (3) It is the intent of the Legislature to improve landscape irrigation water use efficiency by ensuring that landscape irrigation systems meet or exceed minimum design criteria. (4) The Water Managements Districts shall work with the FNGLA, FL Irrigation Society, FL Assoc. of Community Developers……to develop landscape irrigation and FFL design standards for new construction which incorporate a landscape irrigation system and develop scientifically based model guidelines for urban, commercial and residential landscape irrigation, including drip irrigation, for plants, trees, sod and other landscaping. Local governments shall us the standards and guidelines when developing landscape irrigation and FFL ordinances. (p31)”
Posted on: Thu, 13 Mar 2014 13:24:22 +0000
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