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Special master pauses ruling on landscaping dispute after owner cites Florida‑friendly statute
Summary
Homeowner Michael Novich argued that plantings on his Beverley Hills lot are ‘Florida‑friendly’ and protected by state statute; the special master continued the matter for legal review and said he would issue a written ruling at the next hearing.
Homeowner Michael Novich appeared before Special Master Christian Waugh on Sept. 17 in a contested case for excessive vegetation and accumulation of vegetative material at 66 S. Columbus Street, Beverly Hills. County staff documented overgrown lawn and piles of vegetative debris in multiple inspections and submitted photographs for the record.
Novich argued the plants on the property are Florida native or “Florida‑friendly” species and cited Florida Statute 373.185 (the Florida‑friendly landscaping statute) in his defense. Code Compliance Director JC Charlton and Land Development Director Joanna Catute testified about the inspections and the county’s enforcement standard, saying county officers must be able to distinguish between intended landscape plants and overgrowth that can harbor pests. Charlton presented photo exhibits showing overgrowth in front and back areas and evidence of vegetative piles.
Novich identified numerous native species in the photographs and told the special master: “I have 20 plus native species.” He also described volunteer native‑plant activities in the community and urged the special master to consider the legislative aim of encouraging Florida‑friendly landscaping. County staff acknowledged that the Florida statute promotes certain landscaping practices but maintained that the county ordinance requires maintenance and that enforcement is appropriate where plantings, piles and lawn exceed the code’s maintenance thresholds.
Special Master Waugh told the parties he had read the state statute during the hearing and acknowledged a tension between state guidance on Florida‑friendly landscaping and the county’s maintenance standards. Waugh said he needed to consider the statute’s language and how it applies to the code’s maintenance provisions before issuing an order. He continued the matter to the next hearing and said he would issue a written ruling after additional review.
Case details and procedural status - Owner: Michael Novich (66 S. Columbus St., Beverly Hills) - Charge: CE20251388 — excessive growth / accumulation of vegetation - Evidence: county inspection photographs (Aug. 13, Aug. 27, Sept. 4, Sept. 16); witness testimony - Special master action: Continued for legal review; ruling to be issued at next hearing
Why it matters If the special master finds that Florida Statute 373.185 limits local enforcement in some landscaping situations, that could affect how the county enforces vegetation‑maintenance rules going forward. The case highlights a broader tension counties face in balancing native‑landscape incentives against maintenance and nuisance controls.
Quote from the hearing - Michael Novich: “I have 20 plus native species.” - JC Charlton (Code Compliance Director): county staff “explained the violation … and that the violation for unkempt and overgrown was in the back.”
Next steps Waugh continued the case for additional legal consideration of the Florida‑friendly statute and how it should be applied in the county’s maintenance and nuisance code. Parties may be invited to submit additional documents or legal argument before the continued hearing.
