HB 1513

1
A bill to be entitled
2An act relating to regulating the consolidation and
3recordation of lands; providing for assembly and
4readjustment of certain land plats; revising provisions
5relating to recording land plats; amending ss. 95.191 and
695.192, F.S.; limiting actions to recover certain property
7after a tax deed has been issued; amending s. 125.01,
8F.S.; revising certain powers of county governments to
9regulate lands; amending s. 127.01, F.S.; specifying
10consolidation of certain property for certain purposes as
11a county purpose; amending s. 163.3164, F.S.; revising the
12definition of the term "land development regulations" and
13defining the term "land assembly or adjustment"; amending
14s. 163.3177, F.S.; revising requirements of future land
15use plan elements of a required comprehensive plan to
16address antiquated subdivisions and consolidation of
17certain properties for certain purposes; amending s.
18163.3202, F.S.; revising certain land development
19regulation requirements to address consolidation of
20certain properties for certain purposes; amending s.
21163.340, F.S.; revising certain definitions to include
22consolidation of certain properties and antiquated
23subdivisions; amending s. 163.360, F.S.; including
24antiquated subdivisions under certain community
25redevelopment plan requirements; amending s. 166.411,
26F.S.; including consolidation of certain properties for
27certain purposes under municipal powers of eminent domain;
28amending s. 177.011, F.S.; providing additional purposes
29and scope relating to platting, replatting, and reassembly
30of lands; providing intent relating to regulation of land
31platting and land assembly or adjustment; amending s.
32177.031, F.S.; revising the definition of the term
33"subdivision" and defining the term "land assembly or
34adjustment"; amending s. 177.091, F.S.; requiring
35recordation of approved subdivision plats in certain
36public records; amending s. 177.101, F.S.; authorizing
37local governing bodies to order the assembly or adjustment
38of all or portions of subdivisions for certain purposes;
39providing criteria and requirements; amending s. 177.111,
40F.S.; requiring submittal of certain approved plats to
41certain entities; amending s. 290.003, F.S.; declaring the
42revitalization of antiquated subdivisions to be a public
43purpose; amending s. 290.0058, F.S.; revising provisions
44for determining general distress of certain areas to
45include antiquated subdivisions and other criteria;
46amending s. 380.031, F.S.; revising the definition of the
47term "land development regulations" and defining the terms
48"antiquated subdivisions" and "land assembly or
49adjustment"; amending ss. 695.01 and 696.01, F.S.;
50requiring recordation in certain public records of actions
51relating to real property or interests in real property;
52requiring attachment of certain plats or surveys to
53certain instruments; amending s. 697.01, F.S.; including
54contracts or agreements for deed in a provision relating
55to deeming certain instruments as mortgages; specifying
56application of certain recordation requirements; providing
57an effective date.
58
59     WHEREAS, antiquated subdivisions or large volumes of vacant
60lots within platted and unplatted subdivisions are detrimental
61to the local and regional economies and environment, hinder
62appropriate planning, and lead to inefficient development
63patterns, and
64     WHEREAS, large-scale land reassembly of subdivided lots is
65expensive to both the property owner and the local governing
66body and is administratively complicated and time consuming, and
67     WHEREAS, local governments could foster the reassembly of
68subdivided lots into parcels that would incorporate current
69planning practices for efficient development, NOW, THEREFORE,
70
71Be It Enacted by the Legislature of the State of Florida:
72
73     Section 1.  Section 95.191, Florida Statutes, is amended to
74read:
75     95.191  Limitations when tax deed holder in possession.--
76     (1)  When the holder of a tax deed, other than a county,
77goes into actual possession of the real property described in
78the tax deed, no action to recover possession of the property
79may shall be maintained by a former owner or other adverse
80claimant unless the action commenced is begun within 4 years
81after the holder of the tax deed has gone into actual
82possession. When the real property is adversely possessed by any
83person, no action may shall be brought by the tax deed holder
84unless the action is begun within 4 years after from the date of
85the deed.
86     (2)  No action may be brought by the former owner of the
87property or any claimant under the former owner after a tax deed
88has been issued for such property to:
89     (a)  Any person, other than a county, in accordance with s.
90197.552 for a period of 4 years or more; or
91     (b)  The county in accordance with s. 197.502(8) or s.
92197.552 for a period of 1 year or more.
93     Section 2.  Subsection (1) of section 95.192, Florida
94Statutes, is amended to read:
95     95.192  Limitation upon acting against tax deeds.--
96     (1)  When a tax deed has been issued to any person, other
97than a county, under s. 197.552 for 4 years or more, no action
98may shall be brought by the former owner of the property or any
99claimant under the former owner. No action may be brought by the
100former owner of the property or any claimant under the former
101owner after a tax deed for such property has been issued to the
102county under s. 197.502(8) or s. 197.552 for a period of 1 year
103or more.
104     Section 3.  Paragraphs (g), (h), and (j) of subsection (1)
105of section 125.01, Florida Statutes, are amended to read:
106     125.01  Powers and duties.--
107     (1)  The legislative and governing body of a county shall
108have the power to carry on county government. To the extent not
109inconsistent with general or special law, this power includes,
110but is not restricted to, the power to:
111     (g)  Prepare and enforce comprehensive plans for the
112development of the county and the regulation of platted lands
113development, including platting, deplatting, and reassembly.
114     (h)  Establish, coordinate, and enforce zoning and such
115business regulations as are necessary for the protection of the
116community and environmental welfare public.
117     (j)  Establish and administer programs of housing, slum
118clearance, community redevelopment, conservation, flood and
119beach erosion control, air pollution control, platted lands
120assembly or adjustment, and navigation and drainage and
121cooperate with governmental agencies and private enterprises in
122the development and operation of such programs.
123     Section 4.  Subsection (3) is added to section 127.01,
124Florida Statutes, to read:
125     127.01  Counties delegated power of eminent domain;
126recreational purposes, issue of necessity of taking.--
127     (3)  The consolidation of platted or subdivided lots to
128allow replatting for more appropriate development or use shall
129be considered a county purpose.
130     Section 5.  Subsection (23) of section 163.3164, Florida
131Statutes, is amended, and subsection (32) is added to said
132section, to read:
133     163.3164  Local Government Comprehensive Planning and Land
134Development Regulation Act; definitions.--As used in this act:
135     (23)  "Land development regulations" means ordinances
136enacted by governing bodies for the regulation of any aspect of
137development and includes any local government zoning, rezoning,
138subdivision, land assembly or adjustment of platted or
139subdivided lands, building construction, or sign regulations or
140any other regulations controlling the development of land,
141except that this definition shall not apply in s. 163.3213.
142     (32)  ?Land assembly or adjustment? means the consolidation
143of contiguous and noncontiguous platted or subdivided lots and
144the vacation or deplatting of all or a portion of such lots to
145allow replatting and reassembly for more appropriate development
146or use.
147     Section 6.  Paragraph (a) of subsection (6) of section
148163.3177, Florida Statutes, is amended to read:
149     163.3177  Required and optional elements of comprehensive
150plan; studies and surveys.--
151     (6)  In addition to the requirements of subsections (1)-
152(5), the comprehensive plan shall include the following
153elements:
154     (a)  A future land use plan element designating proposed
155future general distribution, location, and extent of the uses of
156land for residential uses, commercial uses, industry,
157agriculture, recreation, conservation, education, public
158buildings and grounds, other public facilities, and other
159categories of the public and private uses of land. Each future
160land use category must be defined in terms of uses included, and
161must include standards to be followed in the control and
162distribution of population densities and building and structure
163intensities. The proposed distribution, location, and extent of
164the various categories of land use shall be shown on a land use
165map or map series which shall be supplemented by goals,
166policies, and measurable objectives. The future land use plan
167shall be based upon surveys, studies, and data regarding the
168area, including the amount of land required to accommodate
169anticipated growth; the projected population of the area; the
170character of undeveloped land, including an analysis of
171antiquated subdivisions; the availability of public services;
172the need for redevelopment and land reassembly, including the
173renewal of blighted areas and the elimination of nonconforming
174uses which are inconsistent with the character of the community;
175and, in rural communities, the need for job creation, capital
176investment, and economic development that will strengthen and
177diversify the community's economy. The future land use plan may
178designate areas for future planned development use involving
179combinations of types of uses for which special regulations may
180be necessary to ensure development in accord with the principles
181and standards of the comprehensive plan and this act. The future
182land use plan shall contain provisions to address antiquated
183subdivisions that are underused to minimize the imbalance of
184single land use buildout, lack of public services, and
185environmental and water quality impacts. In addition, for rural
186communities, the amount of land designated for future planned
187industrial use shall be based upon surveys and studies that
188reflect the need for job creation, capital investment, and the
189necessity to strengthen and diversify the local economies, and
190shall not be limited solely by the projected population of the
191rural community. The future land use plan of a county may also
192designate areas for possible future municipal incorporation. The
193future land use plan element shall identify any area where the
194local government seeks to consolidate platted or subdivided lots
195and the vacation of all or a portion of such lots to allow
196appropriate development, redevelopment, reassembly, or any other
197use. The land use maps or map series shall generally identify
198and depict historic district boundaries and shall designate
199historically significant properties meriting protection. The
200future land use element must clearly identify the land use
201categories in which public schools are an allowable use. When
202delineating the land use categories in which public schools are
203an allowable use, a local government shall include in the
204categories sufficient land proximate to residential development
205to meet the projected needs for schools in coordination with
206public school boards and may establish differing criteria for
207schools of different type or size. Each local government shall
208include lands contiguous to existing school sites, to the
209maximum extent possible, within the land use categories in which
210public schools are an allowable use. All comprehensive plans
211must comply with the school siting requirements of this
212paragraph no later than October 1, 1999. The failure by a local
213government to comply with these school siting requirements by
214October 1, 1999, will result in the prohibition of the local
215government's ability to amend the local comprehensive plan,
216except for plan amendments described in s. 163.3187(1)(b), until
217the school siting requirements are met. Amendments proposed by a
218local government for purposes of identifying the land use
219categories in which public schools are an allowable use or for
220adopting or amending the school-siting maps pursuant to s.
221163.31776(3) are exempt from the limitation on the frequency of
222plan amendments contained in s. 163.3187. The future land use
223element shall include criteria that encourage the location of
224schools proximate to urban residential areas to the extent
225possible and shall require that the local government seek to
226collocate public facilities, such as parks, libraries, and
227community centers, with schools to the extent possible and to
228encourage the use of elementary schools as focal points for
229neighborhoods. For schools serving predominantly rural counties,
230defined as a county with a population of 100,000 or fewer, an
231agricultural land use category shall be eligible for the
232location of public school facilities if the local comprehensive
233plan contains school siting criteria and the location is
234consistent with such criteria.
235     Section 7.  Paragraph (a) of subsection (2) and subsection
236(3) of section 163.3202, Florida Statutes, are amended to read:
237     163.3202  Land development regulations.--
238     (2)  Local land development regulations shall contain
239specific and detailed provisions necessary or desirable to
240implement the adopted comprehensive plan and shall as a minimum:
241     (a)  Regulate the subdivision, assembly, reassembly, or
242adjustment of land, as defined in ss. 163.3164(32) and 177.101;
243     (3)  This section shall be construed to encourage the use
244of innovative land development regulations which include
245provisions such as transfer of development rights, incentive and
246inclusionary zoning, planned-unit development, impact fees, and
247performance zoning, and land assembly, reassembly, or
248adjustment, as described in chapter 177. These and all other
249such regulations shall be combined and compiled into a single
250land development code for the jurisdiction. A general zoning
251code shall not be required if a local government's adopted land
252development regulations meet the requirements of this section.
253     Section 8.  Subsections (9) and (10) of section 163.340,
254Florida Statutes, are amended to read:
255     163.340  Definitions.--The following terms, wherever used
256or referred to in this part, have the following meanings:
257     (9)  "Community redevelopment" or "redevelopment" means
258undertakings, activities, or projects of a county, municipality,
259or community redevelopment agency in a community redevelopment
260area for the elimination and prevention of the development or
261spread of slums and blight, or for the reduction or prevention
262of crime, or for the provision of affordable housing, whether
263for rent or for sale, to residents of low or moderate income,
264including the elderly, and may include slum clearance and
265redevelopment in a community redevelopment area or
266rehabilitation and revitalization of coastal resort and tourist
267areas that are deteriorating and economically distressed, or
268rehabilitation or conservation in a community redevelopment
269area, or the reassembly, platting, or replatting of lands, or
270any combination or part thereof, in accordance with a community
271redevelopment plan and may include the preparation of such a
272plan.
273     (10)  "Community redevelopment area" means a slum area, a
274blighted area, or an area in which there is a shortage of
275housing that is affordable to residents of low or moderate
276income, including the elderly, an antiquated subdivision, or a
277coastal and tourist area that is deteriorating and economically
278distressed due to outdated building density patterns, inadequate
279transportation and parking facilities, faulty lot layout or
280inadequate street layout, or a pattern of platted or subdivided
281lots in an area that makes the area unsuitable for economically
282viable development or use, or a combination thereof, which the
283governing body designates as appropriate for community
284redevelopment.
285     Section 9.  Paragraph (b) of subsection (8) of section
286163.360, Florida Statutes, is amended to read:
287     163.360  Community redevelopment plans.--
288     (8)  If the community redevelopment area consists of an
289area of open land to be acquired by the county or the
290municipality, such area may not be so acquired unless:
291     (b)  In the event the area is to be developed in whole or
292in part for nonresidential uses, the governing body determines
293that:
294     1.  Such nonresidential uses are necessary and appropriate
295to facilitate the proper growth and development of the community
296in accordance with sound planning standards and local community
297objectives.
298     2.  Acquisition may require the exercise of governmental
299action, as provided in this part, because of:
300     a.  Defective, or unusual conditions of, title or diversity
301of ownership which prevents the free alienability of such land;
302     b.  Tax delinquency;
303     c.  Improper or antiquated subdivisions;
304     d.  Outmoded street patterns;
305     e.  Deterioration of site;
306     f.  Economic disuse;
307     g.  Unsuitable topography or faulty lot layouts;
308     h.  Lack of correlation of the area with other areas of a
309county or municipality by streets and modern traffic
310requirements; or
311     i.  Any combination of such factors or other conditions
312which retard development of the area.
313     3.  Conditions of blight in the area contribute to an
314increase in and spread of disease and crime or constitute a
315menace to public health, safety, morals, or welfare.
316     Section 10.  Subsection (12) is added to section 166.411,
317Florida Statutes, to read:
318     166.411  Eminent domain; uses or purposes.--Municipalities
319are authorized to exercise the power of eminent domain for the
320following uses or purposes:
321     (12)  The consolidation of platted or subdivided lots to
322allow replatting and reassembly for more appropriate development
323or use.
324     Section 11.  Section 177.011, Florida Statutes, is amended
325to read:
326     177.011  Purpose and scope of part I.--This part shall be
327deemed to establish consistent minimum requirements, and to
328create such additional powers in local governing bodies, as
329herein provided to regulate and control the platting,
330replatting, and reassembly of lands. The public health, safety,
331comfort, economy, order, appearance, convenience, morals, and
332general welfare require the harmonious, orderly, and progressive
333development of land within this state and its counties and
334incorporated municipalities. In furtherance of this general
335purpose, counties and incorporated municipalities, individually
336or in combination, may adopt, amend, or revise and enforce
337measures relating to platting and land assembly or adjustment.
338     (1)  The regulation of platting and land assembly or
339adjustment is intended to:
340     (a)  Aid in the coordination of land development in
341counties and municipalities in accordance with orderly physical
342patterns.
343     (b)  Discourage haphazard, premature, uneconomic, or
344scattered land development.
345     (c)  Encourage development of economically stable and
346healthful communities.
347     (d)  Ensure adequate utilities provision to all lands being
348developed.
349     (e)  Serve as one of the several instruments of the local
350comprehensive plan authorized by s. 163.3161.
351     (2)  This part establishes minimum requirements and does
352not exclude additional provisions or regulations by local
353ordinance, laws, or regulations.
354     Section 12.  Subsection (18) of section 177.031, Florida
355Statutes, is amended, and subsection (23) is added to said
356section, to read:
357     177.031  Definitions.--As used in this part:
358     (18)  "Subdivision" means the division of land into two
359three or more lots, parcels, tracts, tiers, blocks, sites,
360units, or any other division of land; and includes establishment
361of new streets and alleys, additions, and resubdivisions; and,
362when appropriate to the context, relates to the process of
363subdividing or to the lands or area subdivided.
364     (23)  ?Land assembly or adjustment? means the consolidation
365of contiguous and noncontiguous platted or subdivided lots and
366the vacation or deplatting of all or a portion of such lots to
367allow replatting and reassembly for more appropriate development
368or use.
369     Section 13.  Section 177.091, Florida Statutes, is amended
370to read:
371     177.091  Plats made for recording.?Every approved plat of a
372subdivision shall be recorded in the public records of each
373county in which the property is situated and offered for
374recording shall conform to the following:
375     (1)  It must be:
376     (a)  An original drawing made with black permanent drawing
377ink; or
378     (b)  A nonadhered scaled print on a stable base film made
379by photographic processes from a film scribing tested for
380residual hypo testing solution to assure permanency.
381
382Marginal lines, standard certificates and approval forms shall
383be printed on the plat with a permanent black drawing ink. A
384print or photographic copy of the original drawing must be
385submitted with the original drawing.
386     (2)  The size of each sheet shall be determined by the
387local governing body and shall be drawn with a marginal line, or
388printed when permitted by local ordinance, completely around
389each sheet and placed so as to leave at least a 1/2-inch margin
390on each of three sides and a 3-inch margin on the left side of
391the plat for binding purposes.
392     (3)  When more than one sheet must be used to accurately
393portray the lands subdivided, an index or key map must be
394included and each sheet must show the particular number of that
395sheet and the total number of sheets included, as well as
396clearly labeled matchlines to show where other sheets match or
397adjoin.
398     (4)  In all cases, the letter size and scale used shall be
399of sufficient size to show all detail. The scale shall be both
400stated and graphically illustrated by a graphic scale drawn on
401every sheet showing any portion of the lands subdivided.
402     (5)  The name of the plat shall be shown in bold legible
403letters, as stated in s. 177.051. The name of the subdivision
404shall be shown on each sheet included. The name of the
405professional surveyor and mapper or legal entity, along with the
406street and mailing address, must be shown on each sheet
407included.
408     (6)  A prominent "north arrow" shall be drawn on every
409sheet included showing any portion of the lands subdivided. The
410bearing or azimuth reference shall be clearly stated on the face
411of the plat in the notes or legend, and, in all cases, the
412bearings used shall be referenced to some well established and
413monumented line.
414     (7)  Permanent reference monuments must be placed at each
415corner or change in direction on the boundary of the lands being
416platted and may not be more than 1,400 feet apart. Where such
417corners are in an inaccessible place, "P.R.M.s" shall be set on
418a nearby offset within the boundary of the plat and such offset
419shall be so noted on the plat. Where corners are found to
420coincide with a previously set "P.R.M.," the Florida
421registration number of the professional surveyor and mapper in
422responsible charge or the certificate of authorization number of
423the legal entity on the previously set "P.R.M." shall be shown
424on the new plat or, if unnumbered, shall so state. Permanent
425reference monuments shall be set before the recording of the
426plat. The "P.R.M.s" shall be shown on the plat by an appropriate
427symbol or designation.
428     (8)  Permanent control points shall be set on the
429centerline of the right-of-way at the intersection and terminus
430of all streets, at each change of direction, and no more than
4311,000 feet apart. Such "P.C.P.s" shall be shown on the plat by
432an appropriate symbol or designation. In those counties or
433municipalities that do not require subdivision improvements and
434do not accept bonds or escrow accounts to construct
435improvements, "P.C.P.s" may be set prior to the recording of the
436plat and must be set within 1 year of the date the plat was
437recorded. In the counties or municipalities that require
438subdivision improvements and have the means of insuring the
439construction of said improvements, such as bonding requirements,
440"P.C.P.s" must be set prior to the expiration of the bond or
441other surety. If the professional surveyor and mapper or legal
442entity of record is no longer in practice or is not available
443due to relocation, or when the contractual relationship between
444the subdivider and professional surveyor and mapper or legal
445entity has been terminated, the subdivider shall contract with a
446professional surveyor and mapper or legal entity in good
447standing to place the "P.C.P.s" within the time allotted.
448     (9)  Monuments shall be set at all lot corners, points of
449intersection, and changes of direction of lines within the
450subdivision which do not require a "P.R.M." or a "P.C.P.";
451however, a monument need not be set if a monument already exists
452at such corner, point, or change of direction or when a monument
453cannot be set due to a physical obstruction. In those counties
454or municipalities that do not require subdivision improvements
455and do not accept bonds or escrow accounts to construct
456improvements, monuments may be set prior to the recording of the
457plat and must be set at the lot corners before the transfer of
458the lot. In those counties or municipalities that require
459subdivision improvements and have the means of ensuring the
460construction of those improvements, such as bonding
461requirements, monuments shall be set prior to the expiration of
462the bond or other surety. If the professional surveyor and
463mapper or legal entity of record is no longer in practice or is
464not available due to relocation, or when the contractual
465relationship between the subdivider and professional surveyor
466and mapper or legal entity has been terminated, the subdivider
467shall contract with a professional surveyor and mapper or legal
468entity in good standing who shall be allowed to place the
469monuments within the time allotted.
470     (10)  The section, township, and range shall appear
471immediately under the name of the plat on each sheet included,
472along with the name of the city, town, village, county, and
473state in which the land being platted is situated.
474     (11)  Each plat shall show a description of the lands
475subdivided, and the description shall be the same in the title
476certification. The description must be so complete that from it,
477without reference to the plat, the starting point and boundary
478can be determined.
479     (12)  The dedications and approvals required by ss. 177.071
480and 177.081 must be shown.
481     (13)  The circuit court clerk's certificate and the
482professional surveyor and mapper's seal and statement required
483by s. 177.061 shall be shown.
484     (14)  All section lines and quarter section lines occurring
485within the subdivision shall be indicated by lines drawn upon
486the map or plat, with appropriate words and figures. If the
487description is by metes and bounds, all information called for,
488such as the point of commencement, course bearings and
489distances, and the point of beginning, shall be indicated. If
490the platted lands are in a land grant or are not included in the
491subdivision of government surveys, then the boundaries are to be
492defined by metes and bounds and courses.
493     (15)  Location, width, and names of all streets, waterways,
494or other rights-of-way shall be shown, as applicable.
495     (16)  Location and width of proposed easements and existing
496easements identified in the title opinion or certification
497required by s. 177.041(2) shall be shown on the plat or in the
498notes or legend, and their intended use shall be clearly stated.
499Where easements are not coincident with property lines, they
500must be labeled with bearings and distances and tied to the
501principal lot, tract, or right-of-way.
502     (17)  All contiguous properties shall be identified by
503subdivision title, plat book, and page, or, if unplatted, land
504shall be so designated. If the subdivision platted is a part or
505the whole of a previously recorded subdivision, sufficient ties
506shall be shown to controlling lines appearing on the earlier
507plat to permit an overlay to be made; the fact of its being a
508replat shall be stated as a subtitle under the name of the plat
509on each sheet included. The subtitle must state the name of the
510subdivision being replatted and the appropriate recording
511reference.
512     (18)  All lots shall be numbered either by progressive
513numbers or, if in blocks, progressively numbered in each block,
514and the blocks progressively numbered or lettered, except that
515blocks in numbered additions bearing the same name may be
516numbered consecutively throughout the several additions.
517     (19)  Sufficient survey data shall be shown to positively
518describe the bounds of every lot, block, street easement, and
519all other areas shown on the plat. When any lot or portion of
520the subdivision is bounded by an irregular line, the major
521portion of that lot or subdivision shall be enclosed by a
522witness line showing complete data, with distances along all
523lines extended beyond the enclosure to the irregular boundary
524shown with as much certainty as can be determined or as "more or
525less," if variable. Lot, block, street, and all other dimensions
526except to irregular boundaries, shall be shown to a minimum of
527hundredths of feet. All measurements shall refer to horizontal
528plane and in accordance with the definition of the U.S. Survey
529foot or meter adopted by the National Institute of Standards and
530Technology. All measurements shall use the 39.37/12=3.28083333333
531equation for conversion from a U.S. foot to meters.
532     (20)  Curvilinear lot lines shall show the radii, arc
533distances, and central angles. Radial lines will be so
534designated. Direction of nonradial lines shall be indicated.
535     (21)  Sufficient angles, bearings, or azimuth to show
536direction of all lines shall be shown, and all bearings, angles,
537or azimuth shall be shown to the nearest second of arc.
538     (22)  The centerlines of all streets shall be shown as
539follows: noncurved lines: distances together with either angles,
540bearings, or azimuths; curved lines: arc distances, central
541angles, and radii, together with chord and chord bearing or
542azimuths.
543     (23)  Park and recreation parcels as applicable shall be so
544designated.
545     (24)  All interior excepted parcels as described in the
546description of the lands being subdivided shall be clearly
547indicated and labeled "Not a part of this plat."
548     (25)  The purpose of all areas dedicated must be clearly
549indicated or stated on the plat.
550     (26)  When it is not possible to show line or curve data
551information on the map, a tabular form may be used. The tabular
552data must appear on the sheet to which it applies.
553     (27)  The plat shall include in a prominent place the
554following statements: "NOTICE: This plat, as recorded in its
555graphic form, is the official depiction of the subdivided lands
556described herein and will in no circumstances be supplanted in
557authority by any other graphic or digital form of the plat.
558There may be additional restrictions that are not recorded on
559this plat that may be found in the public records of this
560county."
561     (28)  All platted utility easements shall provide that such
562easements shall also be easements for the construction,
563installation, maintenance, and operation of cable television
564services; provided, however, no such construction, installation,
565maintenance, and operation of cable television services shall
566interfere with the facilities and services of an electric,
567telephone, gas, or other public utility. In the event a cable
568television company damages the facilities of a public utility,
569it shall be solely responsible for the damages. This section
570shall not apply to those private easements granted to or
571obtained by a particular electric, telephone, gas, or other
572public utility. Such construction, installation, maintenance,
573and operation shall comply with the National Electrical Safety
574Code as adopted by the Florida Public Service Commission.
575     (29)  A legend of all symbols and abbreviations shall be
576shown.
577     Section 14.  Section 177.101, Florida Statutes, is amended
578to read:
579     177.101  Assembly, replat, vacation, and annulment of plats
580subdividing land.--
581     (1)  Whenever it is discovered, after the plat has been
582recorded in the public records, that the developer has
583previously caused the lands embraced in the second plat to be
584differently subdivided under and by virtue of another plat of
585the same identical lands, and the first plat was also filed of
586public record at an earlier date, and no conveyances of lots by
587reference to the first plat so filed appears of record in such
588county, the governing body of the county is authorized and
589directed to and shall, by resolution, vacate and annul the first
590plat of such lands appearing of record upon the application of
591the developer of such lands under the first plat or upon
592application of the owners of all the lots shown and designated
593upon the second and subsequent plat of such lands, and the
594circuit court clerk of the county shall thereupon make proper
595notation of the annulment of such plat upon the face of such
596annulled plat.
597     (2)  Whenever it is discovered that after the filing of a
598plat subdividing a parcel of land located in the county, the
599developer of the lands therein and thereby subdivided did cause
600such lands embraced in said plat, or a part thereof, to be again
601and subsequently differently subdivided under another plat of
602the same and identical lands or a part thereof, which said
603second plat was also filed at a later date; and it is further
604made to appear to the governing body of the county that the
605filing and recording of the second plat would not materially
606affect the right of convenient access to lots previously
607conveyed under the first plat, the governing body of the county
608is authorized by resolution to vacate and annul so much of the
609first plat of such lands appearing of record as are included in
610the second plat, upon application of the owners and developer of
611such lands under the first plat or their successors, grantees,
612or assignees, and the circuit court clerk of the county shall
613thereupon make proper notation of the action of the governing
614body upon the face of the first plat. The approval of a replat
615by the governing body of a local government, which encompasses
616lands embraced in all or part of a prior plat filed of public
617record shall, upon recordation of the replat, automatically and
618simultaneously vacate and annul all of the prior plat
619encompassed by the replat.
620     (3)  The governing bodies of the counties of the state may
621adopt resolutions vacating plats in whole or in part of
622subdivisions in said counties, returning the property covered by
623such plats either in whole or in part into acreage. Before such
624resolution of vacating any plat either in whole or in part shall
625be entered by the governing body of a county, it must be shown
626that the persons making application for said vacation own the
627fee simple title to the whole or that part of the tract covered
628by the plat sought to be vacated, and it must be further shown
629that the vacation by the governing body of the county will not
630affect the ownership or right of convenient access of persons
631owning other parts of the subdivision.
632     (4)  Persons making application for vacations of plats
633either in whole or in part shall give notice of their intention
634to apply to the governing body of the county to vacate said plat
635by publishing legal notice in a newspaper of general circulation
636in the county in which the tract or parcel of land is located,
637in not less than two weekly issues of said paper, and must
638attach to the petition for vacation the proof of such
639publication, together with certificates showing that all state
640and county taxes have been paid. For the purpose of the tax
641collector's certification that state, county, and municipal
642taxes have been paid, the taxes shall be deemed to have been
643paid if, in addition to any partial payment under s. 194.171,
644the owner of the platted lands sought to be vacated shall post a
645cash bond, approved by the tax collector of the county where the
646land is located and by the Department of Revenue, conditioned to
647pay the full amount of any judgment entered pursuant to s.
648194.192 adverse to the person making partial payment, including
649all costs, interest, and penalties. The circuit court shall fix
650the amount of said bond by order, after considering the
651reasonable timeframe for such litigation and all other relevant
652factors; and a certified copy of such approval, order, and cash
653bond shall be attached to the application. If such tract or
654parcel of land is within the corporate limits of any
655incorporated city or town, the governing body of the county
656shall be furnished with a certified copy of a resolution of the
657town council or city commission, as the case may be, showing
658that it has already by suitable resolution vacated such plat or
659subdivision or such part thereof sought to be vacated.
660     (5)  Every such resolution by the governing body shall have
661the effect of vacating all streets and alleys which have not
662become highways necessary for use by the traveling public. Such
663vacation shall not become effective until a certified copy of
664such resolution has been filed in the offices of the circuit
665court clerk and duly recorded in the public records of said
666county.
667     (6)  All resolutions vacating plats by the governing body
668of a county prior to September 1, 1971, are hereby validated,
669ratified, and confirmed. Such resolutions shall have the same
670effect as if the plat had been vacated after September 1, 1971.
671     (7)(a)  The governing body of a county may order the
672assembly or adjustment of all or part of a subdivision within
673its jurisdiction to the provisions and objectives of the revised
674local comprehensive plan. It may order the assembly, replatting,
675or vacation of the acreage of the existing plat on any portion
676of the subdivision, including the vacation of streets or other
677parcels of land dedicated for public purposes or any of such
678streets or other parcels, when:
679     1.  The plat of the subdivision was recorded as provided by
680law, or approved pursuant to law but not recorded, not less than
68125 years before the date of such action.
682     2.  In the subdivision or a portion of the subdivision, not
683more than 20 percent of the total subdivision area has been
684built into the uses of the subdivision?s zoned or land use
685purposes.
686     (b)  Any persons or entities, other than the local
687governing body, pursuing reassembly of a parcel pursuant to this
688section must demonstrate that the persons or entities making
689application for such vacation own the fee simple title to at
690least 60 percent of the subdivision or portion of the tract
691covered by the plat sought to be vacated and must demonstrate
692that the vacation will not affect the ownership or right of
693convenient access of persons owning other parts of the
694subdivision.
695     (c)  Such action shall be based on a finding by the
696governing body that the proposed assembly or adjustment, or
697vacation and reversion to acreage of subdivided land, conforms
698to the comprehensive plan of the area and that the public
699health, safety, economy, comfort, order, convenience, and
700welfare will be promoted.
701     (d)  A county governing authority shall establish
702provisions for the fair and just compensation of any fee simple
703owner of platted lands within the tract covered by the
704application for vacation and reversion to acreage who, for
705whatever reason, has refused to participate in the application.
706     Section 15.  Section 177.111, Florida Statutes, is amended
707to read:
708     177.111  Instructions for filing plat.--After the approval
709by the appropriate governing body required by s. 177.071, the
710plat shall be submitted to recorded by the circuit court clerk
711or other recording officer for recording in the public records
712of the county upon submission thereto of such approved plat. The
713circuit court clerk or other recording officer shall maintain in
714his or her office a book of the proper size for such papers so
715that they shall not be folded, to be kept in the vault. A print
716or photographic copy must be filed in a similar book and kept in
717his or her office for the use of the public. The clerk shall
718make available to the public a full size copy of the record plat
719at a reasonable fee.
720     Section 16.  Section 290.003, Florida Statutes, is amended
721to read:
722     290.003  Policy and purpose.--It is the policy of this
723state to provide the necessary means to assist local
724communities, their residents, and the private sector in creating
725the proper economic and social environment to induce the
726investment of private resources in productive business
727enterprises located in severely distressed areas and to provide
728jobs for residents of such areas. In achieving this objective,
729the state will seek to provide appropriate investments, tax
730benefits, and regulatory relief of sufficient importance to
731encourage the business community to commit its financial
732participation. The purpose of ss. 290.001-290.016 is to
733establish a process that clearly identifies such severely
734distressed areas and provides incentives by both the state and
735local government to induce private investment in such areas. The
736Legislature, therefore, declares the revitalization of
737enterprise zones and antiquated subdivisions, through the
738concerted efforts of government and the private sector, to be a
739public purpose.
740     Section 17.  Subsection (4) of section 290.0058, Florida
741Statutes, is amended to read:
742     290.0058  Determination of pervasive poverty, unemployment,
743and general distress.--
744     (4)  General distress shall be evidenced by describing
745adverse conditions within the nominated area, including
746antiquated subdivisions, other than those of pervasive poverty
747and unemployment. A high incidence of crime, abandoned
748structures, and deteriorated infrastructure; or substantial
749population change; a high percentage of tax delinquent parcels;
750or inappropriate lot sizes to ensure a balance of land uses
751decline are examples of appropriate indicators of general
752distress.
753     Section 18.  Subsection (8) of section 380.031, Florida
754Statutes, is amended, and subsections (21) and (22) are added to
755said section, to read:
756     380.031  Definitions.--As used in this chapter:
757     (8)  "Land development regulations" include local zoning,
758subdivision, assembly, reassembly, or adjustment of platted or
759subdivided lands, building, and other regulations controlling
760the development of land.
761     (21)  ?Land assembly or adjustment? means the consolidation
762of contiguous and noncontiguous platted or subdivided lots and
763the vacation or deplatting of all or a portion of these lots to
764allow replatting and reassembly for more appropriate development
765or use.
766     (22)  ?Antiquated subdivisions? means subdivisions or large
767numbers of lots within platted and unplatted subdivisions that
768were recorded prior to 1980 in which the continued buildout of
769the subdivision would provide an imbalance of land uses and
770would be detrimental to the local and regional economies and
771environment, hinder current planning practices, and lead to
772inefficient development patterns.
773     Section 19.  Subsection (1) of section 695.01, Florida
774Statutes, is amended to read:
775     695.01  Conveyances to be recorded.--
776     (1)  Every conveyance, transfer, agreement or contract for
777deed, and transfer of, or mortgage of, real property, or any
778interest therein, shall be recorded in the public records of the
779county in which the real property is situated. A copy of the
780approved, recorded plat or survey, if the plat is unrecorded or
781the legal description is not attached, shall be attached to each
782instrument and submitted to the clerk of the circuit court for
783recording. No conveyance, transfer, or mortgage of real
784property, or of any interest therein, nor any lease for a term
785of 1 year or longer, shall be good and effectual in law or
786equity against creditors or subsequent purchasers for a valuable
787consideration and without notice, unless the same be recorded
788according to law; nor shall any such instrument made or executed
789by virtue of any power of attorney be good or effectual in law
790or in equity against creditors or subsequent purchasers for a
791valuable consideration and without notice unless the power of
792attorney be recorded before the accruing of the right of such
793creditor or subsequent purchaser.
794     Section 20.  Section 696.01, Florida Statutes, is amended
795to read:
796     696.01  Contracts for sale of realty must be acknowledged
797in order to be recorded.--All contracts for deed or other
798instruments for the purchase or sale of real estate must be
799recorded in the public records of the county where the real
800property is situated. A copy of the approved recorded plat or
801survey must be attached to each instrument at the time of
802recording. No contract, agreement, or other instrument
803purporting to contain an agreement to purchase or sell real
804estate shall be recorded in the public records of any county in
805the state, unless such contract, agreement or other instrument
806is acknowledged by the vendor in the manner provided by law for
807the acknowledgment of deeds; and where there is no
808acknowledgment on the part of the vendor, the recording officers
809in the various counties of this state shall refuse to accept
810such instrument for record.
811     Section 21.  Subsection (1) of section 697.01, Florida
812Statutes, is amended to read:
813     697.01  Instruments deemed mortgages.--
814     (1)  All conveyances, obligations conditioned or
815defeasible, bills of sale, contracts or agreements for deed, or
816other instruments of writing conveying or selling property,
817either real or personal, for the purpose or with the intention
818of securing the payment of money, whether such instrument be
819from the debtor to the creditor or from the debtor to some third
820person in trust for the creditor, shall be deemed and held
821mortgages, and shall be subject to the same rules of foreclosure
822and to the same regulations, restraints, recordation
823requirements, and forms as are prescribed in relation to
824mortgages.
825     Section 22.  This act shall take effect upon becoming a
826law.


CODING: Words stricken are deletions; words underlined are additions.