Florida Statewide Rule
Florida-Friendly Landscaping Protected Statewide
Key Facts
- Authority
- FS 373.185
- Protected
- Native and drought-tolerant
- HOAs preempted
- Yes
- Maintenance rules
- Cities may still require
- Invasive species
- Still prohibited
Summary
Florida Statute 373.185 declares Florida-friendly landscaping a matter of state policy and prohibits any deed restriction, covenant, or local ordinance from preventing property owners from installing native, drought-tolerant plant landscapes.
F.S. 373.185 373.185 Local Florida-friendly landscaping ordinances. — (1) As used in this section, the term: (a) “Local government” means any county or municipality of the state. (b) “Florida-friendly landscaping” means quality landscapes that conserve water, protect the environment, are adaptable to local conditions, and 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. (2) Each water management district shall design and implement an incentive program to encourage all local governments within its district to adopt new ordinances or amend existing ordinances to require Florida-friendly landscaping for development permitted after the effective date of the new ordinance or amendment. Each district shall assist the local governments within its jurisdiction by providing a model Florida-friendly landscaping ordinance and other technical assistance.
Full Breakdown
FS 373.185(3) preempts cities, counties, and homeowner associations from banning Florida-friendly landscaping, defined as quality landscaping that conserves water, protects the environment, and uses appropriate native species. Local governments must allow these landscapes even if they replace turf grass. The Florida Yards and Neighborhoods program publishes the official approved plant list. Cities retain authority to require minimum maintenance standards and prohibit invasive species, but cannot mandate turf grass or prohibit conversion to native landscaping.
Violations & Penalties
There are no penalties for installing Florida-friendly landscaping. HOAs or cities that try to enforce contrary covenants can be challenged under FS 373.185.
Frequently Asked Questions
Can my HOA force me to keep a turf grass lawn?
Does this mean I can let my yard go wild?
Sources
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