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Florida landscape law

Discussion in 'Landscape Architecture and Design' started by tadpole, Apr 1, 2010.

  1. tadpole

    tadpole LawnSite Bronze Member
    Messages: 1,221

    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?
  2. White Gardens

    White Gardens LawnSite Fanatic
    Messages: 6,776


    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.
  3. tadpole

    tadpole LawnSite Bronze Member
    Messages: 1,221

    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.
  4. AGLA

    AGLA LawnSite Bronze Member
    Messages: 1,776

    The control freaks are getting more and more in control every day.
  5. BearWise Landscapers

    BearWise Landscapers LawnSite Senior Member
    Messages: 456

    That is a crazy law. I think California has something like it too.
  6. 1idejim

    1idejim LawnSite Fanatic
    Messages: 11,315

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

    PaperCutter LawnSite Bronze Member
    Messages: 1,996

    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?
  8. ICT Bill

    ICT Bill LawnSite Platinum Member
    Messages: 4,115

    I don't get it, there must be more to this, another paragraph maybe.

    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
  9. tadpole

    tadpole LawnSite Bronze Member
    Messages: 1,221

    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.


    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.
  10. tadpole

    tadpole LawnSite Bronze Member
    Messages: 1,221

    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!

    algae fl river 2.jpg

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