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tadpole
04-01-2010, 02:55 PM
Although this applies to the State of Florida, I thought everyone might be interested in this piece of legislature.

On June 30, 2009, Governor Charlie Crist signed Senate Bill 2080, also called the Water Rights Bill.One of the provisions in the bill states that any landscape that fits the 9 principles of Florida-friendly planting, use the right plant in the right place, water efficiently, fertilize appropriately, mulch, attract wildlife, manage yard pests responsibly, recycle, reduce storm water runoff and protect the waterfront, supersedes and takes precedence over all other municipal, county and homeowner association rules, ordinances or laws.

You need to read between the lines to realize the full impact of this law.

Wasn't sure exactly which Forum to post this in.

Are any other states moving in this direction? Thoughts and comments?

White Gardens
04-01-2010, 03:31 PM
Interesting.

I'm not sure if I'm reading between the lines or not, but ultimately it sounds like a lot of landscapes are going to have to be designed and approved by the state. Sounds like a lot of red-tape to me.

If you think it's going to require licensing, then I probably agree. All I hear is that Florida is flooded with LCO's and Scapers, so it makes me wonder if they are going to weed out the Fly-By-Nights.

tadpole
04-01-2010, 04:27 PM
Between this State Statute and the upcoming numerical nutrient pollution limits that the Fed EPA is going to put on Florida's waterways, one of the first things that I foresee is a reduction in the amount of turf. Green l;awns will be replaced by ornamental grasses and native plants that will require a minimum, if any, fertilizing and less watering. Many in the Lawn service business will be forced out.
It can, I feel, actually be a boon to Landscapers.If they follow the Florida Friendly 9 point guideline, they don't have to worry about city, county or HCA rules and ordinances. Sort of a one-size-fits-all law.

AGLA
04-01-2010, 06:52 PM
The control freaks are getting more and more in control every day.

BearWise Landscapers
04-01-2010, 08:17 PM
That is a crazy law. I think California has something like it too.

1idejim
04-11-2010, 02:01 PM
That is a crazy law. I think California has something like it too.

yes, and it's going to get tougher as time goes on

PaperCutter
04-12-2010, 08:13 AM
Not sure I see the need to freak out- they're basically saying it's business as usual, but you can tell the HOA to go pound sand if you've designed something that meets their criteria of eco-friendly. I like that. My big question is who decides if you've met those criteria?

ICT Bill
04-12-2010, 09:31 AM
I don't get it, there must be more to this, another paragraph maybe.

it is saying: "any landscape that fits the 9 principles of Florida-friendly planting....supersedes and takes precedence over all other municipal, county and homeowner association rules, ordinances or laws."

Takes precedence, how exactly? does it mean you can do the install and maintain it without any permits or licenses

does it mean you could take someones property, do those things and then it is YOUR property

tadpole
04-12-2010, 10:40 AM
I don't get it, there must be more to this, another paragraph maybe.


That is pretty much it. The following link explains the 9 principles of Florida Friendly plantings.

http://www.floridayards.org/landscape/index.php

It has nothing to do with property ownership and does not require any additional licensing or permitting over and above what is already required. It does mean that any law or ordinance, whether existing or proposed, that directly conflicts with this state statute is null.

If you would like more info on this, just Google 'Florida Friendly' and choose from the list in the scroll box that appears under the search box. There is entirely too much to post on this Forum.

I expect that there will be litigation that will clarify certain aspects of this statute, especially from HOAs.

tadpole
04-12-2010, 01:30 PM
This pic gives an idea as to the problems that influenced the creation of this law and also why the Fed EPA will be setting numerical pollution limits.

Yea, this is an actual Florida waterway!

Florida Gardener
04-12-2010, 10:42 PM
That's worse than the Springfield Power Plant

tadpole
04-13-2010, 12:16 AM
Yea. I've seen pics of that. It is pretty nasty also.

White Gardens
04-13-2010, 08:19 AM
That water-way looks nasty. What's the deal with it, high Nitrogen content and Algae blooms?

tadpole
04-13-2010, 09:54 AM
That's exactly what it is, WG, plus probably a super-size dose of Phosphorus, Potash, Etc.

ICT Bill
04-13-2010, 09:59 AM
This came out in 2007, it give recommended rates
I think it is a precursor to inacting new laws as well

http://www.flaes.org/pdf/urban_turf_fact_sheet.pdf

unbelievable the amount of algae bloom in that river

Too many nutrients???? Ya Think :dizzy:

Ground Effects Landscape
04-19-2010, 11:22 AM
I have seen some water down here that looks bad, but that picture is REALLY bad! Anyone want to go swimming there with me?

tadpole
04-19-2010, 12:51 PM
Don't think you are going to get any takers on your invite! Meanwhile, the plot thickens. I recently learned that the Florida Legislature is now working on a Bill that would regulate the sale and application of fertilizer, possibly requiring that all application require a license.

rob7233
04-21-2010, 12:59 PM
I don't get it, there must be more to this, another paragraph maybe.


That is pretty much it. The following link explains the 9 principles of Florida Friendly plantings.

http://www.floridayards.org/landscape/index.php

It has nothing to do with property ownership and does not require any additional licensing or permitting over and above what is already required. It does mean that any law or ordinance, whether existing or proposed, that directly conflicts with this state statute is null.

If you would like more info on this, just Google 'Florida Friendly' and choose from the list in the scroll box that appears under the search box. There is entirely too much to post on this Forum.

I expect that there will be litigation that will clarify certain aspects of this statute, especially from HOAs.

Some issues that I've encountered with some well meaning HOA / ARC (Architectural Review Committee) members, who don't understand that there are plenty of other plants that meet the "Florida Friendly" criteria but are NOT on the plant list. So, not knowing any better, non-list plants get automatically rejected. In addition, there are many native plants that would never meet Florida Friendly standards but because they are native they get automatically accepted, depending on who you're dealing with. That's what happens when you have misguided and misinformed volunteers that seem to take this stuff way too seriously..

One incident that got the legislation going was, as I recall, a Kissimmee homeowner who redid his front yard with natives and such. Of coarse, the HOA fought him on it and the home garnered attention with all the Local News channels and later contact with the Governor's office.

rob7233
04-21-2010, 01:04 PM
Don't think you are going to get any takers on your invite! Meanwhile, the plot thickens. I recently learned that the Florida Legislature is now working on a Bill that would regulate the sale and application of fertilizer, possibly requiring that all application require a license.

Oh, that already been done for Orange County, FL. It will go in effect Jan 1, 2014 the Fertilizer Applicators License. Personally, I think it's a great thing...

Other Counties and Municipalities will be jumping on the bandwagon too.
There appears to be a great interest in it. It's all part of IPM.