Florida Landscaping Rights: Fla. Stat. 373.185 Explained

What the law covers

Section 373.185 defines Florida-friendly landscaping as quality landscapes that conserve water, protect the environment, adapt to local conditions, and tolerate drought.

The statutory principles of Florida-friendly 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
• Waterfront protection

Additional components include landscape planning and design, soil analysis, appropriate use of solid waste compost, minimizing irrigation, and proper maintenance.

Key requirements and limits

The statute establishes specific protections for property owners regarding landscaping choices:

• HOA Covenants and Deed Restrictions: A deed restriction or covenant may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land. Covenants also cannot create requirements or limitations in conflict with water shortage orders, consumptive use permits, or related provisions under part II of Chapter 373.
• Local Government Ordinances: A local government ordinance may not prohibit or be enforced so as to prohibit any property owner from implementing Florida-friendly landscaping on his or her land.
• Water Management District Incentive Programs: Water management districts must assist local governments with model ordinances and incentive programs for development permitted after the ordinance's effective date. Ordinances must address plant groupings, soil analysis, efficient irrigation, prohibited invasive exotic plant species consistent with s. 581.091, controlled species, maximum percentage of irrigated turf/impervious surfaces, land clearing standards, and monitoring programs.

Practical checklist for homeowners

Homeowners considering landscape changes can take these neutral, non-legal steps:

• Read your association's governing documents and later amendments, which may also apply to your property.
• Keep copies of all written landscaping proposals, site plans, and notices sent to or received from your HOA or local government.
• Review guidance materials from the Institute of Food and Agricultural Sciences at the University of Florida or the Florida Yards and Neighborhoods Program to identify recognized Florida-friendly landscaping practices.
• Check the official statute text and local ordinances periodically for updates or changes.