I was at a chapter meeting of the SunCoast CAI just the other day, and the topic of conversation was State Bill 2080 and 494: Florida First Landscaping (FFL). The new law replaces language referencing "xeriscape" because, in the words of Lisa Strange with HIllsborough County Polk County Community Association Outreach, "People thought that meant replacing your grass with rocks and cactus."
I couldn't correct her, because that's what I thought until not too long ago. They've got great training programs set up down there in Hillsborough and Polk counties for property managers, association managers, and homeowner associations to learn about the new Florida Statue. Up here in Alachua County, there is a website to direct you to our contact person, Wendy Wilber. Marion County residents can click here. Wendy says that, while the bill is somewhat vague, people should thematically "be concerned equally about water quality and water quantity." Wendy is a great resource and said that a few HOAs have contacted her with the direction of making themselves "green." She didn't think they understood the legal ramifications of SB 2080 and was worried that a lawsuit could be on the horizon for some area HOA that treads too lightly.
That being said, the bills should be a major change for many HOA' and the way they conduct their business. First, no rule or regulation can be made nor enforced against a lot owner that makes a change to his or her property that is in compliance with Florida First Landscaping. So, if you change out some grass, plants, bushes, and mulch that are in compliance with FFL, it doesn't matter what your HOA says about it. Wilber said she hopes residents will work positively with their Architectural Review Boards, commonly known as ARBs.
In all, there are nine principles of FFL that are considered improvements that cannot be hindered by your HOA:
1. Right Plan, Right Place
2. Water efficiently
3. Fertilize appropriately
4. Mulch
5. Attract Wildlife
6. Manage Yard Pests Responsibly
7. Recycle
8. Reduce Stormwater Runoff
9. Protect the Waterfront
For more details on the nine principles of a Florida Friendly Landscape, there is training available online.
Some regulatory changes to irrigation systems and contractors come along with Florida Friendly Landscape. Irrigation systems installed before 2002 used to be exempt from having an automatic rain sensor and shutoff. That exemption is gone, and any commercial fertilizer will have to have new training by January 1, 2014. Limited certification is available.
Jim Defurio, an attorney with Cianfrone and Defurio, addressed the new bill by reading a verse of poetry. He compared the bill to poetry more than law, citing that the language was vague and subjective. However, according to Defurio, HOAs should not think to ignore the new legislation, but rather adopt one of two approaches:
1. Place the burden on the lot owner. If the owner claims a violation is unenforceable under FFL, then ask the lot owner to prove it.
2. Defurio says the preferred approach is to deal with it proactively. "Times are changing; get on the train before it leaves the station. The state has serious water problems. Get training. Go to the state websites and adopt a new plan for community landscaping that is in the spirit of FFL."
This legislative change has been a long time coming for Florida. One fellow manager I spoke with in Hillsborough told me that her father told her twenty years ago that, if Florida was going to have enough good clean water, they should have a building moratorium. Twenty years later, we've built a lot of homes. Overall, this is important, positive legislation that we all need to be aware of, educate ourselves about, and understand and support the goal of having clean available water.
