Florida Statute 255.259 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XVIII
PUBLIC LANDS AND PROPERTY

Chapter 255
PUBLIC PROPERTY AND PUBLICLY OWNED BUILDINGS

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F.S. 255.259

255.259 Florida-friendly landscaping on public property.—

(1) The Legislature finds that water conservation and water quality protection and restoration are increasingly critical to the continuance of an adequate water supply and healthy surface and ground waters. The Legislature further finds that “Florida-friendly landscaping,” as defined in s. 373.185, can contribute significantly to water conservation and water quality protection and restoration. Finally, the Legislature finds that state government has the responsibility to promote Florida-friendly landscaping as a water conservation and water quality protection and restoration measure by using such landscaping on public property associated with publicly owned buildings or facilities.

(2) As used in this section, “publicly owned buildings or facilities” means construction projects under the purview of the Department of Management Services. The term does not include environmentally endangered land or roads and highway construction under the purview of the Department of Transportation.

(3) The Department of Management Services, in consultation with the Department of Environmental Protection, shall adopt rules and guidelines for the required use of Florida-friendly landscaping on public property associated with publicly owned buildings or facilities constructed after June 30, 2009. The Department of Management Services shall also develop a 5-year program for phasing in the use of Florida-friendly landscaping on public property associated with publicly owned buildings or facilities constructed before July 1, 2009. In accomplishing these tasks, the Department of Management Services shall take into account the standards provided in s. 373.185. The Department of Transportation shall implement Florida-friendly landscaping pursuant to s. 335.167.

(4)(a) The Legislature finds that the use of Florida-friendly landscaping and other water use and pollution prevention measures to conserve or protect the state’s water resources serves a compelling public interest and that the participation of homeowners’ associations and local governments is essential to the state’s efforts in water conservation and water quality protection and restoration.

(b) 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 or create any requirement or limitation in conflict with any provision of part II of chapter 373 or a water shortage order, other order, consumptive use permit, or rule adopted or issued pursuant to part II of chapter 373.

(c) 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.

History.—s. 1, ch. 91-41; s. 1, ch. 91-68; s. 182, ch. 92-279; s. 55, ch. 92-326; s. 89, ch. 94-356; s. 4, ch. 2001-252; s. 23, ch. 2009-243.

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Amendments to 255.259

Arrestable Offenses / Crimes under Fla. Stat. 255.259

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 255.259.

Annotations, Discussions, Cases:

Cases Citing Statute 255.259

Total Results: 13

BRENDAN SIGISMONDI v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2024-01-12

Snippet: confrontation." Dorbad v. State, 12 So. 3d 255, 259 (Fla. 1st DCA 2009). Here, whether Blow was the

GREGORY BENDER vs STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-04-14

Snippet: subject evidence.” O’Hare v. State, 263 So. 3d 255, 259–60 (Fla. 5th DCA 2019) (citation omitted).

FLORIDA POWER & LIGHT COMPANY v. SAMUEL J. MCROBERTS

Court: District Court of Appeal of Florida | Date Filed: 2018-10-10

Citation: 257 So. 3d 1023

Snippet: Dev., Inc. v. Colonial Concrete Co., 461 So. 2d 255, 259 (Fla. 1st DCA 1984) (emphasis added). As

Hardee County, Florida, etc. v. FINR II, Inc., etc.

Court: Supreme Court of Florida | Date Filed: 2017-05-25

Citation: 221 So. 3d 1162, 42 Fla. L. Weekly Supp. 613, 2017 WL 2291004, 2017 Fla. LEXIS 1157

Snippet: Private Property Rights, 23 Fla. St. U. L. Rev. 255, 259-61 (1995). According to the drafters, the Legislature

Guy Mortimer v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2014-07-09

Snippet: Constitution. But see State v. Hosty, 944 So. 2d 255, 259 n.4 (Fla. 2006).

Desiderio Corp. v. City of Boynton Beach

Court: District Court of Appeal of Florida | Date Filed: 2010-07-07

Citation: 39 So. 3d 487, 2010 Fla. App. LEXIS 9870, 2010 WL 2675237

Snippet: body.” City of Winter Springs v. State, 776 So.2d 255, 259 (Fla.2001) (citations omitted). Courts have approved

City of North Lauderdale v. SMM Properties, Inc.

Court: Supreme Court of Florida | Date Filed: 2002-08-22

Citation: 825 So. 2d 343, 27 Fla. L. Weekly Supp. 689, 2002 Fla. LEXIS 1750, 2002 WL 1926501

Snippet: of City of Winter Springs v. State, 776 So.2d 255, 259 n. 4 (Fla.2001) ("Further, this Court has stated

Schlapper v. Maurer

Court: District Court of Appeal of Florida | Date Filed: 1997-02-19

Citation: 687 So. 2d 982, 1997 WL 70907

Snippet: discovered. See Taylor v. Texgas Corp., 831 F.2d 255, 259 (11th Cir.1987).[1] Similarly, the Maurers were

STATE, DHRS v. Southpointe Pharmacy

Court: District Court of Appeal of Florida | Date Filed: 1994-05-13

Citation: 636 So. 2d 1377, 1994 WL 182035

Snippet: Pratt v. Paris Gas Light & Coke Co., 168 U.S. 255, 259, 18 S.Ct. 62, 64, 42 L.Ed. 458 (1897). See Henry

Wilcott v. State

Court: Supreme Court of Florida | Date Filed: 1987-05-21

Citation: 509 So. 2d 261, 12 Fla. L. Weekly 248

Snippet: State of Oregon, 299 U.S. 353, 362, 57 S.Ct. 255, 259 82 L.Ed. 278 [(1937)]. Cole v. Arkansas, 333 U

In re D.T.

Court: District Court of Appeal of Florida | Date Filed: 1985-11-06

Citation: 477 So. 2d 1086, 10 Fla. L. Weekly 2478, 1985 Fla. App. LEXIS 16614

Snippet: agreement by the prosecution. Nova v. State, 439 So.2d 255, 259 (Fla. 3d DCA 1983).1 Withdrawal of the plea in

Bryan v. State

Court: District Court of Appeal of Florida | Date Filed: 1963-10-18

Citation: 156 So. 2d 885

Snippet: In United States v. Feely (1813 C.C.) 1 Brock, 255, 259, 25 Fed.Cas. 1055, No. 15, 082, Chief Justice

North Dade Bar Ass'n v. Dade-Commonwealth Title Insurance

Court: District Court of Appeal of Florida | Date Filed: 1962-06-26

Citation: 143 So. 2d 201, 1962 Fla. App. LEXIS 3015

Snippet: State. See State v. Sullivan, 95 Fla. 191, 116 So. 255, 259. State ex rel. York v. Beckham, 160 Fla. 810,