HB 1513

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to regulating the consolidation and
8	recordation of lands; providing for assembly and
9	readjustment of certain land plats; revising provisions
10	relating to recording land plats; amending ss. 95.191 and
11	95.192, F.S.; limiting actions to recover certain property
12	after a tax deed has been issued; amending s. 125.01,
13	F.S.; revising certain powers of county governments to
14	regulate lands; amending s. 127.01, F.S.; specifying
15	consolidation of certain property for certain purposes as
16	a public purpose; amending s. 163.3164, F.S.; revising the
17	definition of the term "land development regulations" and
18	defining the term "land assembly or adjustment"; amending
19	s. 163.3177, F.S.; revising requirements of future land
20	use plan elements of a required comprehensive plan to
21	address antiquated subdivisions and consolidation of
22	certain properties for certain purposes; amending s.
23	163.3202, F.S.; revising certain land development
24	regulation requirements to address consolidation of
25	certain properties for certain purposes; amending s.
26	163.340, F.S.; revising certain definitions to include
27	consolidation of certain properties and antiquated
28	subdivisions; amending s. 163.360, F.S.; including
29	antiquated subdivisions under certain community
30	redevelopment plan requirements; amending s. 166.411,
31	F.S.; including consolidation of certain properties for
32	certain purposes under municipal powers of eminent domain;
33	amending s. 177.011, F.S.; providing additional purposes
34	and scope relating to platting, replatting, and reassembly
35	of lands; providing intent relating to regulation of land
36	platting and land assembly or adjustment; amending s.
37	177.031, F.S.; revising the definition of the term
38	"subdivision" and defining the term "land assembly or
39	adjustment"; amending s. 177.091, F.S.; requiring
40	recordation of approved subdivision plats in certain
41	public records; amending s. 177.101, F.S.; authorizing
42	local governing bodies to order the assembly or adjustment
43	of all or portions of subdivisions for certain purposes;
44	providing an exception; providing criteria and
45	requirements; amending s. 177.111, F.S.; requiring
46	submittal of certain approved plats to certain entities;
47	amending s. 290.003, F.S.; declaring the revitalization of
48	antiquated subdivisions to be a public purpose; amending
49	s. 290.0058, F.S.; revising provisions for determining
50	general distress of certain areas to include antiquated
51	subdivisions and other criteria; amending s. 380.031,
52	F.S.; revising the definition of the term "land
53	development regulations" and defining the terms
54	"antiquated subdivisions" and "land assembly or
55	adjustment"; amending ss. 695.01 and 696.01, F.S.;
56	requiring recordation in certain public records of actions
57	relating to real property or interests in real property;
58	requiring attachment of certain plats or surveys to
59	certain instruments; amending s. 697.01, F.S.; including
60	contracts or agreements for deed in a provision relating
61	to deeming certain instruments as mortgages; specifying
62	application of certain recordation requirements; providing
63	an effective date.
64
65	WHEREAS, antiquated subdivisions or large volumes of vacant
66	lots within platted and unplatted subdivisions are detrimental
67	to the local and regional economies and environment, hinder
68	appropriate planning, and lead to inefficient development
69	patterns, and
70	WHEREAS, large-scale land reassembly of subdivided lots is
71	expensive to both the property owner and the local governing
72	body and is administratively complicated and time consuming, and
73	WHEREAS, local governments could foster the reassembly of
74	subdivided lots into parcels that would incorporate current
75	planning practices for efficient development, NOW, THEREFORE,
76
77	Be It Enacted by the Legislature of the State of Florida:
78
79	Section 1.  Section 95.191, Florida Statutes, is amended to
80	read:
81	95.191  Limitations when tax deed holder in possession.--
82	(1)  When the holder of a tax deed, other than a county,
83	goes into actual possession of the real property described in
84	the tax deed, no action to recover possession of the property
85	may shall be maintained by a former owner or other adverse
86	claimant unless the action commenced is begun within 4 years
87	after the holder of the tax deed has gone into actual
88	possession. When the real property is adversely possessed by any
89	person, no action may shall be brought by the tax deed holder
90	unless the action is begun within 4 years after from the date of
91	the deed.
92	(2)  No action may be brought by the former owner of the
93	property or any claimant under the former owner after a tax deed
94	has been issued for such property to:
95	(a)  Any person, other than a county, in accordance with s.
96	197.552 for a period of 4 years or more; or
97	(b)  The county in accordance with s. 197.502(8) or s.
98	197.552 for a period of 1 year or more.
99	Section 2.  Subsection (1) of section 95.192, Florida
100	Statutes, is amended to read:
101	95.192  Limitation upon acting against tax deeds.--
102	(1)  When a tax deed has been issued to any person, other
103	than a county, under s. 197.552 for 4 years or more, no action
104	may shall be brought by the former owner of the property or any
105	claimant under the former owner. No action may be brought by the
106	former owner of the property or any claimant under the former
107	owner after a tax deed for such property has been issued to the
108	county under s. 197.502(8) or s. 197.552 for a period of 1 year
109	or more.
110	Section 3.  Paragraphs (g), (h), and (j) of subsection (1)
111	of section 125.01, Florida Statutes, are amended to read:
112	125.01  Powers and duties.--
113	(1)  The legislative and governing body of a county shall
114	have the power to carry on county government. To the extent not
115	inconsistent with general or special law, this power includes,
116	but is not restricted to, the power to:
117	(g)  Prepare and enforce comprehensive plans for the
118	development of the county and the regulation of platted lands
119	development, including platting, deplatting, and reassembly.
120	(h)  Establish, coordinate, and enforce zoning and such
121	business regulations as are necessary for the protection of the
122	community and environmental welfare public.
123	(j)  Establish and administer programs of housing, slum
124	clearance, community redevelopment, conservation, flood and
125	beach erosion control, air pollution control, platted lands
126	assembly or adjustment, and navigation and drainage and
127	cooperate with governmental agencies and private enterprises in
128	the development and operation of such programs.
129	Section 4.  Subsection (3) is added to section 127.01,
130	Florida Statutes, to read:
131	127.01  Counties delegated power of eminent domain;
132	recreational purposes, issue of necessity of taking.--
133	(3)  The consolidation of platted or subdivided lots to
134	allow replatting for more appropriate development or use shall
135	be considered a public purpose.
136	Section 5.  Subsection (23) of section 163.3164, Florida
137	Statutes, is amended, and subsection (32) is added to said
138	section, to read:
139	163.3164  Local Government Comprehensive Planning and Land
140	Development Regulation Act; definitions.--As used in this act:
141	(23)  "Land development regulations" means ordinances
142	enacted by governing bodies for the regulation of any aspect of
143	development and includes any local government zoning, rezoning,
144	subdivision, land assembly or adjustment of platted or
145	subdivided lands, building construction, or sign regulations or
146	any other regulations controlling the development of land,
147	except that this definition shall not apply in s. 163.3213.
148	(32)  "Land assembly or adjustment" means the consolidation
149	of contiguous and noncontiguous platted or subdivided lots and
150	the vacation or deplatting of all or a portion of such lots to
151	allow replatting and reassembly for more appropriate development
152	or use.
153	Section 6.  Paragraph (a) of subsection (6) of section
154	163.3177, Florida Statutes, is amended to read:
155	163.3177  Required and optional elements of comprehensive
156	plan; studies and surveys.--
157	(6)  In addition to the requirements of subsections (1)-
158	(5), the comprehensive plan shall include the following
159	elements:
160	(a)  A future land use plan element designating proposed
161	future general distribution, location, and extent of the uses of
162	land for residential uses, commercial uses, industry,
163	agriculture, recreation, conservation, education, public
164	buildings and grounds, other public facilities, and other
165	categories of the public and private uses of land. Each future
166	land use category must be defined in terms of uses included, and
167	must include standards to be followed in the control and
168	distribution of population densities and building and structure
169	intensities. The proposed distribution, location, and extent of
170	the various categories of land use shall be shown on a land use
171	map or map series which shall be supplemented by goals,
172	policies, and measurable objectives. The future land use plan
173	shall be based upon surveys, studies, and data regarding the
174	area, including the amount of land required to accommodate
175	anticipated growth; the projected population of the area; the
176	character of undeveloped land, including an analysis of
177	antiquated subdivisions; the availability of public services;
178	the need for redevelopment and land reassembly, including the
179	renewal of blighted areas and the elimination of nonconforming
180	uses which are inconsistent with the character of the community;
181	and, in rural communities, the need for job creation, capital
182	investment, and economic development that will strengthen and
183	diversify the community's economy. The future land use plan may
184	designate areas for future planned development use involving
185	combinations of types of uses for which special regulations may
186	be necessary to ensure development in accord with the principles
187	and standards of the comprehensive plan and this act. The future
188	land use plan shall contain provisions to address antiquated
189	subdivisions that are underused to minimize the imbalance of
190	single land use buildout, lack of public services, and
191	environmental and water quality impacts. In addition, for rural
192	communities, the amount of land designated for future planned
193	industrial use shall be based upon surveys and studies that
194	reflect the need for job creation, capital investment, and the
195	necessity to strengthen and diversify the local economies, and
196	shall not be limited solely by the projected population of the
197	rural community. The future land use plan of a county may also
198	designate areas for possible future municipal incorporation. The
199	future land use plan element shall identify any area where the
200	local government seeks to consolidate platted or subdivided lots
201	and the vacation of all or a portion of such lots to allow
202	appropriate development, redevelopment, reassembly, or any other
203	use. The land use maps or map series shall generally identify
204	and depict historic district boundaries and shall designate
205	historically significant properties meriting protection. The
206	future land use element must clearly identify the land use
207	categories in which public schools are an allowable use. When
208	delineating the land use categories in which public schools are
209	an allowable use, a local government shall include in the
210	categories sufficient land proximate to residential development
211	to meet the projected needs for schools in coordination with
212	public school boards and may establish differing criteria for
213	schools of different type or size. Each local government shall
214	include lands contiguous to existing school sites, to the
215	maximum extent possible, within the land use categories in which
216	public schools are an allowable use. All comprehensive plans
217	must comply with the school siting requirements of this
218	paragraph no later than October 1, 1999. The failure by a local
219	government to comply with these school siting requirements by
220	October 1, 1999, will result in the prohibition of the local
221	government's ability to amend the local comprehensive plan,
222	except for plan amendments described in s. 163.3187(1)(b), until
223	the school siting requirements are met. Amendments proposed by a
224	local government for purposes of identifying the land use
225	categories in which public schools are an allowable use or for
226	adopting or amending the school-siting maps pursuant to s.
227	163.31776(3) are exempt from the limitation on the frequency of
228	plan amendments contained in s. 163.3187. The future land use
229	element shall include criteria that encourage the location of
230	schools proximate to urban residential areas to the extent
231	possible and shall require that the local government seek to
232	collocate public facilities, such as parks, libraries, and
233	community centers, with schools to the extent possible and to
234	encourage the use of elementary schools as focal points for
235	neighborhoods. For schools serving predominantly rural counties,
236	defined as a county with a population of 100,000 or fewer, an
237	agricultural land use category shall be eligible for the
238	location of public school facilities if the local comprehensive
239	plan contains school siting criteria and the location is
240	consistent with such criteria.
241	Section 7.  Paragraph (a) of subsection (2) and subsection
242	(3) of section 163.3202, Florida Statutes, are amended to read:
243	163.3202  Land development regulations.--
244	(2)  Local land development regulations shall contain
245	specific and detailed provisions necessary or desirable to
246	implement the adopted comprehensive plan and shall as a minimum:
247	(a)  Regulate the subdivision, assembly, reassembly, or
248	adjustment of land, as defined in ss. 163.3164(32) and 177.101;
249	(3)  This section shall be construed to encourage the use
250	of innovative land development regulations which include
251	provisions such as transfer of development rights, incentive and
252	inclusionary zoning, planned-unit development, impact fees, and
253	performance zoning, and land assembly, reassembly, or
254	adjustment, as described in chapter 177. These and all other
255	such regulations shall be combined and compiled into a single
256	land development code for the jurisdiction. A general zoning
257	code shall not be required if a local government's adopted land
258	development regulations meet the requirements of this section.
259	Section 8.  Subsections (9) and (10) of section 163.340,
260	Florida Statutes, are amended to read:
261	163.340  Definitions.--The following terms, wherever used
262	or referred to in this part, have the following meanings:
263	(9)  "Community redevelopment" or "redevelopment" means
264	undertakings, activities, or projects of a county, municipality,
265	or community redevelopment agency in a community redevelopment
266	area for the elimination and prevention of the development or
267	spread of slums and blight, or for the reduction or prevention
268	of crime, or for the provision of affordable housing, whether
269	for rent or for sale, to residents of low or moderate income,
270	including the elderly, and may include slum clearance and
271	redevelopment in a community redevelopment area or
272	rehabilitation and revitalization of coastal resort and tourist
273	areas that are deteriorating and economically distressed, or
274	rehabilitation or conservation in a community redevelopment
275	area, or the reassembly, platting, or replatting of lands, or
276	any combination or part thereof, in accordance with a community
277	redevelopment plan and may include the preparation of such a
278	plan.
279	(10)  "Community redevelopment area" means a slum area, a
280	blighted area, or an area in which there is a shortage of
281	housing that is affordable to residents of low or moderate
282	income, including the elderly, an antiquated subdivision, or a
283	coastal and tourist area that is deteriorating and economically
284	distressed due to outdated building density patterns, inadequate
285	transportation and parking facilities, faulty lot layout or
286	inadequate street layout, or a pattern of platted or subdivided
287	lots in an area that makes the area unsuitable for economically
288	viable development or use, or a combination thereof, which the
289	governing body designates as appropriate for community
290	redevelopment.
291	Section 9.  Paragraph (b) of subsection (8) of section
292	163.360, Florida Statutes, is amended to read:
293	163.360  Community redevelopment plans.--
294	(8)  If the community redevelopment area consists of an
295	area of open land to be acquired by the county or the
296	municipality, such area may not be so acquired unless:
297	(b)  In the event the area is to be developed in whole or
298	in part for nonresidential uses, the governing body determines
299	that:
300	1.  Such nonresidential uses are necessary and appropriate
301	to facilitate the proper growth and development of the community
302	in accordance with sound planning standards and local community
303	objectives.
304	2.  Acquisition may require the exercise of governmental
305	action, as provided in this part, because of:
306	a.  Defective, or unusual conditions of, title or diversity
307	of ownership which prevents the free alienability of such land;
308	b.  Tax delinquency;
309	c.  Improper or antiquated subdivisions;
310	d.  Outmoded street patterns;
311	e.  Deterioration of site;
312	f.  Economic disuse;
313	g.  Unsuitable topography or faulty lot layouts;
314	h.  Lack of correlation of the area with other areas of a
315	county or municipality by streets and modern traffic
316	requirements; or
317	i.  Any combination of such factors or other conditions
318	which retard development of the area.
319	3.  Conditions of blight in the area contribute to an
320	increase in and spread of disease and crime or constitute a
321	menace to public health, safety, morals, or welfare.
322	Section 10.  Subsection (12) is added to section 166.411,
323	Florida Statutes, to read:
324	166.411  Eminent domain; uses or purposes.--Municipalities
325	are authorized to exercise the power of eminent domain for the
326	following uses or purposes:
327	(12)  The consolidation of platted or subdivided lots to
328	allow replatting and reassembly for more appropriate development
329	or use.
330	Section 11.  Section 177.011, Florida Statutes, is amended
331	to read:
332	177.011  Purpose and scope of part I.--This part shall be
333	deemed to establish consistent minimum requirements, and to
334	create such additional powers in local governing bodies, as
335	herein provided to regulate and control the platting,
336	replatting, and reassembly of lands. The public health, safety,
337	comfort, economy, order, appearance, convenience, morals, and
338	general welfare require the harmonious, orderly, and progressive
339	development of land within this state and its counties and
340	incorporated municipalities. In furtherance of this general
341	purpose, counties and incorporated municipalities, individually
342	or in combination, may adopt, amend, or revise and enforce
343	measures relating to platting and land assembly or adjustment.
344	(1)  The regulation of platting and land assembly or
345	adjustment is intended to:
346	(a)  Aid in the coordination of land development in
347	counties and municipalities in accordance with orderly physical
348	patterns.
349	(b)  Discourage haphazard, premature, uneconomic, or
350	scattered land development.
351	(c)  Encourage development of economically stable and
352	healthful communities.
353	(d)  Ensure adequate utilities provision to all lands being
354	developed.
355	(e)  Serve as one of the several instruments of the local
356	comprehensive plan authorized by s. 163.3161.
357	(2)  This part establishes minimum requirements and does
358	not exclude additional provisions or regulations by local
359	ordinance, laws, or regulations.
360	Section 12.  Subsection (18) of section 177.031, Florida
361	Statutes, is amended, and subsection (23) is added to said
362	section, to read:
363	177.031  Definitions.--As used in this part:
364	(18)  "Subdivision" means the division of land into two
365	three or more lots, parcels, tracts, tiers, blocks, sites,
366	units, or any other division of land; and includes establishment
367	of new streets and alleys, additions, and resubdivisions; and,
368	when appropriate to the context, relates to the process of
369	subdividing or to the lands or area subdivided.
370	(23)  "Land assembly or adjustment" means the consolidation
371	of contiguous and noncontiguous platted or subdivided lots and
372	the vacation or deplatting of all or a portion of such lots to
373	allow replatting and reassembly for more appropriate development
374	or use.
375	Section 13.  Section 177.091, Florida Statutes, is amended
376	to read:
377	177.091  Plats made for recording.--Every approved plat of
378	a subdivision shall be recorded in the public records of each
379	county in which the property is situated and offered for
380	recording shall conform to the following:
381	(1)  It must be:
382	(a)  An original drawing made with black permanent drawing
383	ink; or
384	(b)  A nonadhered scaled print on a stable base film made
385	by photographic processes from a film scribing tested for
386	residual hypo testing solution to assure permanency.
387
388	Marginal lines, standard certificates and approval forms shall
389	be printed on the plat with a permanent black drawing ink. A
390	print or photographic copy of the original drawing must be
391	submitted with the original drawing.
392	(2)  The size of each sheet shall be determined by the
393	local governing body and shall be drawn with a marginal line, or
394	printed when permitted by local ordinance, completely around
395	each sheet and placed so as to leave at least a 1/2-inch margin
396	on each of three sides and a 3-inch margin on the left side of
397	the plat for binding purposes.
398	(3)  When more than one sheet must be used to accurately
399	portray the lands subdivided, an index or key map must be
400	included and each sheet must show the particular number of that
401	sheet and the total number of sheets included, as well as
402	clearly labeled matchlines to show where other sheets match or
403	adjoin.
404	(4)  In all cases, the letter size and scale used shall be
405	of sufficient size to show all detail. The scale shall be both
406	stated and graphically illustrated by a graphic scale drawn on
407	every sheet showing any portion of the lands subdivided.
408	(5)  The name of the plat shall be shown in bold legible
409	letters, as stated in s. 177.051. The name of the subdivision
410	shall be shown on each sheet included. The name of the
411	professional surveyor and mapper or legal entity, along with the
412	street and mailing address, must be shown on each sheet
413	included.
414	(6)  A prominent "north arrow" shall be drawn on every
415	sheet included showing any portion of the lands subdivided. The
416	bearing or azimuth reference shall be clearly stated on the face
417	of the plat in the notes or legend, and, in all cases, the
418	bearings used shall be referenced to some well established and
419	monumented line.
420	(7)  Permanent reference monuments must be placed at each
421	corner or change in direction on the boundary of the lands being
422	platted and may not be more than 1,400 feet apart. Where such
423	corners are in an inaccessible place, "P.R.M.s" shall be set on
424	a nearby offset within the boundary of the plat and such offset
425	shall be so noted on the plat. Where corners are found to
426	coincide with a previously set "P.R.M.," the Florida
427	registration number of the professional surveyor and mapper in
428	responsible charge or the certificate of authorization number of
429	the legal entity on the previously set "P.R.M." shall be shown
430	on the new plat or, if unnumbered, shall so state. Permanent
431	reference monuments shall be set before the recording of the
432	plat. The "P.R.M.s" shall be shown on the plat by an appropriate
433	symbol or designation.
434	(8)  Permanent control points shall be set on the
435	centerline of the right-of-way at the intersection and terminus
436	of all streets, at each change of direction, and no more than
437	1,000 feet apart. Such "P.C.P.s" shall be shown on the plat by
438	an appropriate symbol or designation. In those counties or
439	municipalities that do not require subdivision improvements and
440	do not accept bonds or escrow accounts to construct
441	improvements, "P.C.P.s" may be set prior to the recording of the
442	plat and must be set within 1 year of the date the plat was
443	recorded. In the counties or municipalities that require
444	subdivision improvements and have the means of insuring the
445	construction of said improvements, such as bonding requirements,
446	"P.C.P.s" must be set prior to the expiration of the bond or
447	other surety. If the professional surveyor and mapper or legal
448	entity of record is no longer in practice or is not available
449	due to relocation, or when the contractual relationship between
450	the subdivider and professional surveyor and mapper or legal
451	entity has been terminated, the subdivider shall contract with a
452	professional surveyor and mapper or legal entity in good
453	standing to place the "P.C.P.s" within the time allotted.
454	(9)  Monuments shall be set at all lot corners, points of
455	intersection, and changes of direction of lines within the
456	subdivision which do not require a "P.R.M." or a "P.C.P.";
457	however, a monument need not be set if a monument already exists
458	at such corner, point, or change of direction or when a monument
459	cannot be set due to a physical obstruction. In those counties
460	or municipalities that do not require subdivision improvements
461	and do not accept bonds or escrow accounts to construct
462	improvements, monuments may be set prior to the recording of the
463	plat and must be set at the lot corners before the transfer of
464	the lot. In those counties or municipalities that require
465	subdivision improvements and have the means of ensuring the
466	construction of those improvements, such as bonding
467	requirements, monuments shall be set prior to the expiration of
468	the bond or other surety. If the professional surveyor and
469	mapper or legal entity of record is no longer in practice or is
470	not available due to relocation, or when the contractual
471	relationship between the subdivider and professional surveyor
472	and mapper or legal entity has been terminated, the subdivider
473	shall contract with a professional surveyor and mapper or legal
474	entity in good standing who shall be allowed to place the
475	monuments within the time allotted.
476	(10)  The section, township, and range shall appear
477	immediately under the name of the plat on each sheet included,
478	along with the name of the city, town, village, county, and
479	state in which the land being platted is situated.
480	(11)  Each plat shall show a description of the lands
481	subdivided, and the description shall be the same in the title
482	certification. The description must be so complete that from it,
483	without reference to the plat, the starting point and boundary
484	can be determined.
485	(12)  The dedications and approvals required by ss. 177.071
486	and 177.081 must be shown.
487	(13)  The circuit court clerk's certificate and the
488	professional surveyor and mapper's seal and statement required
489	by s. 177.061 shall be shown.
490	(14)  All section lines and quarter section lines occurring
491	within the subdivision shall be indicated by lines drawn upon
492	the map or plat, with appropriate words and figures. If the
493	description is by metes and bounds, all information called for,
494	such as the point of commencement, course bearings and
495	distances, and the point of beginning, shall be indicated. If
496	the platted lands are in a land grant or are not included in the
497	subdivision of government surveys, then the boundaries are to be
498	defined by metes and bounds and courses.
499	(15)  Location, width, and names of all streets, waterways,
500	or other rights-of-way shall be shown, as applicable.
501	(16)  Location and width of proposed easements and existing
502	easements identified in the title opinion or certification
503	required by s. 177.041(2) shall be shown on the plat or in the
504	notes or legend, and their intended use shall be clearly stated.
505	Where easements are not coincident with property lines, they
506	must be labeled with bearings and distances and tied to the
507	principal lot, tract, or right-of-way.
508	(17)  All contiguous properties shall be identified by
509	subdivision title, plat book, and page, or, if unplatted, land
510	shall be so designated. If the subdivision platted is a part or
511	the whole of a previously recorded subdivision, sufficient ties
512	shall be shown to controlling lines appearing on the earlier
513	plat to permit an overlay to be made; the fact of its being a
514	replat shall be stated as a subtitle under the name of the plat
515	on each sheet included. The subtitle must state the name of the
516	subdivision being replatted and the appropriate recording
517	reference.
518	(18)  All lots shall be numbered either by progressive
519	numbers or, if in blocks, progressively numbered in each block,
520	and the blocks progressively numbered or lettered, except that
521	blocks in numbered additions bearing the same name may be
522	numbered consecutively throughout the several additions.
523	(19)  Sufficient survey data shall be shown to positively
524	describe the bounds of every lot, block, street easement, and
525	all other areas shown on the plat. When any lot or portion of
526	the subdivision is bounded by an irregular line, the major
527	portion of that lot or subdivision shall be enclosed by a
528	witness line showing complete data, with distances along all
529	lines extended beyond the enclosure to the irregular boundary
530	shown with as much certainty as can be determined or as "more or
531	less," if variable. Lot, block, street, and all other dimensions
532	except to irregular boundaries, shall be shown to a minimum of
533	hundredths of feet. All measurements shall refer to horizontal
534	plane and in accordance with the definition of the U.S. Survey
535	foot or meter adopted by the National Institute of Standards and
536	Technology. All measurements shall use the 39.37/12=3.28083333333
537	equation for conversion from a U.S. foot to meters.
538	(20)  Curvilinear lot lines shall show the radii, arc
539	distances, and central angles. Radial lines will be so
540	designated. Direction of nonradial lines shall be indicated.
541	(21)  Sufficient angles, bearings, or azimuth to show
542	direction of all lines shall be shown, and all bearings, angles,
543	or azimuth shall be shown to the nearest second of arc.
544	(22)  The centerlines of all streets shall be shown as
545	follows: noncurved lines: distances together with either angles,
546	bearings, or azimuths; curved lines: arc distances, central
547	angles, and radii, together with chord and chord bearing or
548	azimuths.
549	(23)  Park and recreation parcels as applicable shall be so
550	designated.
551	(24)  All interior excepted parcels as described in the
552	description of the lands being subdivided shall be clearly
553	indicated and labeled "Not a part of this plat."
554	(25)  The purpose of all areas dedicated must be clearly
555	indicated or stated on the plat.
556	(26)  When it is not possible to show line or curve data
557	information on the map, a tabular form may be used. The tabular
558	data must appear on the sheet to which it applies.
559	(27)  The plat shall include in a prominent place the
560	following statements: "NOTICE: This plat, as recorded in its
561	graphic form, is the official depiction of the subdivided lands
562	described herein and will in no circumstances be supplanted in
563	authority by any other graphic or digital form of the plat.
564	There may be additional restrictions that are not recorded on
565	this plat that may be found in the public records of this
566	county."
567	(28)  All platted utility easements shall provide that such
568	easements shall also be easements for the construction,
569	installation, maintenance, and operation of cable television
570	services; provided, however, no such construction, installation,
571	maintenance, and operation of cable television services shall
572	interfere with the facilities and services of an electric,
573	telephone, gas, or other public utility. In the event a cable
574	television company damages the facilities of a public utility,
575	it shall be solely responsible for the damages. This section
576	shall not apply to those private easements granted to or
577	obtained by a particular electric, telephone, gas, or other
578	public utility. Such construction, installation, maintenance,
579	and operation shall comply with the National Electrical Safety
580	Code as adopted by the Florida Public Service Commission.
581	(29)  A legend of all symbols and abbreviations shall be
582	shown.
583	Section 14.  Section 177.101, Florida Statutes, is amended
584	to read:
585	177.101  Assembly, replat, vacation, and annulment of plats
586	subdividing land.--
587	(1)  Whenever it is discovered, after the plat has been
588	recorded in the public records, that the developer has
589	previously caused the lands embraced in the second plat to be
590	differently subdivided under and by virtue of another plat of
591	the same identical lands, and the first plat was also filed of
592	public record at an earlier date, and no conveyances of lots by
593	reference to the first plat so filed appears of record in such
594	county, the governing body of the county is authorized and
595	directed to and shall, by resolution, vacate and annul the first
596	plat of such lands appearing of record upon the application of
597	the developer of such lands under the first plat or upon
598	application of the owners of all the lots shown and designated
599	upon the second and subsequent plat of such lands, and the
600	circuit court clerk of the county shall thereupon make proper
601	notation of the annulment of such plat upon the face of such
602	annulled plat.
603	(2)  Whenever it is discovered that after the filing of a
604	plat subdividing a parcel of land located in the county, the
605	developer of the lands therein and thereby subdivided did cause
606	such lands embraced in said plat, or a part thereof, to be again
607	and subsequently differently subdivided under another plat of
608	the same and identical lands or a part thereof, which said
609	second plat was also filed at a later date; and it is further
610	made to appear to the governing body of the county that the
611	filing and recording of the second plat would not materially
612	affect the right of convenient access to lots previously
613	conveyed under the first plat, the governing body of the county
614	is authorized by resolution to vacate and annul so much of the
615	first plat of such lands appearing of record as are included in
616	the second plat, upon application of the owners and developer of
617	such lands under the first plat or their successors, grantees,
618	or assignees, and the circuit court clerk of the county shall
619	thereupon make proper notation of the action of the governing
620	body upon the face of the first plat. The approval of a replat
621	by the governing body of a local government, which encompasses
622	lands embraced in all or part of a prior plat filed of public
623	record shall, upon recordation of the replat, automatically and
624	simultaneously vacate and annul all of the prior plat
625	encompassed by the replat.
626	(3)  The governing bodies of the counties of the state may
627	adopt resolutions vacating plats in whole or in part of
628	subdivisions in said counties, returning the property covered by
629	such plats either in whole or in part into acreage. Before such
630	resolution of vacating any plat either in whole or in part shall
631	be entered by the governing body of a county, it must be shown
632	that the persons making application for said vacation own the
633	fee simple title to the whole or that part of the tract covered
634	by the plat sought to be vacated, and it must be further shown
635	that the vacation by the governing body of the county will not
636	affect the ownership or right of convenient access of persons
637	owning other parts of the subdivision.
638	(4)  Persons making application for vacations of plats
639	either in whole or in part shall give notice of their intention
640	to apply to the governing body of the county to vacate said plat
641	by publishing legal notice in a newspaper of general circulation
642	in the county in which the tract or parcel of land is located,
643	in not less than two weekly issues of said paper, and must
644	attach to the petition for vacation the proof of such
645	publication, together with certificates showing that all state
646	and county taxes have been paid. For the purpose of the tax
647	collector's certification that state, county, and municipal
648	taxes have been paid, the taxes shall be deemed to have been
649	paid if, in addition to any partial payment under s. 194.171,
650	the owner of the platted lands sought to be vacated shall post a
651	cash bond, approved by the tax collector of the county where the
652	land is located and by the Department of Revenue, conditioned to
653	pay the full amount of any judgment entered pursuant to s.
654	194.192 adverse to the person making partial payment, including
655	all costs, interest, and penalties. The circuit court shall fix
656	the amount of said bond by order, after considering the
657	reasonable timeframe for such litigation and all other relevant
658	factors; and a certified copy of such approval, order, and cash
659	bond shall be attached to the application. If such tract or
660	parcel of land is within the corporate limits of any
661	incorporated city or town, the governing body of the county
662	shall be furnished with a certified copy of a resolution of the
663	town council or city commission, as the case may be, showing
664	that it has already by suitable resolution vacated such plat or
665	subdivision or such part thereof sought to be vacated.
666	(5)  Every such resolution by the governing body shall have
667	the effect of vacating all streets and alleys which have not
668	become highways necessary for use by the traveling public. Such
669	vacation shall not become effective until a certified copy of
670	such resolution has been filed in the offices of the circuit
671	court clerk and duly recorded in the public records of said
672	county.
673	(6)  All resolutions vacating plats by the governing body
674	of a county prior to September 1, 1971, are hereby validated,
675	ratified, and confirmed. Such resolutions shall have the same
676	effect as if the plat had been vacated after September 1, 1971.
677	(7)(a)  The governing body of a county may order the
678	assembly or adjustment of all or part of a subdivision within
679	its jurisdiction to the provisions and objectives of the revised
680	local comprehensive plan. It may order the assembly, replatting,
681	or vacation of the acreage of the existing plat on any portion
682	of the subdivision, including the vacation of streets, except
683	any roads on the State Highway System, or other parcels of land
684	dedicated for public purposes or any of such streets or other
685	parcels, when:
686	1.  The plat of the subdivision was recorded as provided by
687	law, or approved pursuant to law but not recorded, not less than
688	25 years before the date of such action.
689	2.  In the subdivision or a portion of the subdivision, not
690	more than 20 percent of the total subdivision area has been
691	built into the uses of the subdivision's zoned or land use
692	purposes.
693	(b)  Any persons or entities, other than the local
694	governing body, pursuing reassembly of a parcel pursuant to this
695	section must demonstrate that the persons or entities making
696	application for such vacation own the fee simple title to at
697	least 60 percent of the subdivision or portion of the tract
698	covered by the plat sought to be vacated and must demonstrate
699	that the vacation will not affect the ownership or right of
700	convenient access of persons owning other parts of the
701	subdivision.
702	(c)  Such action shall be based on a finding by the
703	governing body that the proposed assembly or adjustment, or
704	vacation and reversion to acreage of subdivided land, conforms
705	to the comprehensive plan of the area and that the public
706	health, safety, economy, comfort, order, convenience, and
707	welfare will be promoted.
708	(d)  A county governing authority shall establish
709	provisions for the fair and just compensation of any fee simple
710	owner of platted lands within the tract covered by the
711	application for vacation and reversion to acreage who, for
712	whatever reason, has refused to participate in the application.
713	Section 15.  Section 177.111, Florida Statutes, is amended
714	to read:
715	177.111  Instructions for filing plat.--After the approval
716	by the appropriate governing body required by s. 177.071, the
717	plat shall be submitted to recorded by the circuit court clerk
718	or other recording officer for recording in the public records
719	of the county upon submission thereto of such approved plat. The
720	circuit court clerk or other recording officer shall maintain in
721	his or her office a book of the proper size for such papers so
722	that they shall not be folded, to be kept in the vault. A print
723	or photographic copy must be filed in a similar book and kept in
724	his or her office for the use of the public. The clerk shall
725	make available to the public a full size copy of the record plat
726	at a reasonable fee.
727	Section 16.  Section 290.003, Florida Statutes, is amended
728	to read:
729	290.003  Policy and purpose.--It is the policy of this
730	state to provide the necessary means to assist local
731	communities, their residents, and the private sector in creating
732	the proper economic and social environment to induce the
733	investment of private resources in productive business
734	enterprises located in severely distressed areas and to provide
735	jobs for residents of such areas. In achieving this objective,
736	the state will seek to provide appropriate investments, tax
737	benefits, and regulatory relief of sufficient importance to
738	encourage the business community to commit its financial
739	participation. The purpose of ss. 290.001-290.016 is to
740	establish a process that clearly identifies such severely
741	distressed areas and provides incentives by both the state and
742	local government to induce private investment in such areas. The
743	Legislature, therefore, declares the revitalization of
744	enterprise zones and antiquated subdivisions, through the
745	concerted efforts of government and the private sector, to be a
746	public purpose.
747	Section 17.  Subsection (4) of section 290.0058, Florida
748	Statutes, is amended to read:
749	290.0058  Determination of pervasive poverty, unemployment,
750	and general distress.--
751	(4)  General distress shall be evidenced by describing
752	adverse conditions within the nominated area, including
753	antiquated subdivisions, other than those of pervasive poverty
754	and unemployment. A high incidence of crime, abandoned
755	structures, and deteriorated infrastructure; or substantial
756	population change; a high percentage of tax delinquent parcels;
757	or inappropriate lot sizes to ensure a balance of land uses
758	decline are examples of appropriate indicators of general
759	distress.
760	Section 18.  Subsection (8) of section 380.031, Florida
761	Statutes, is amended, and subsections (21) and (22) are added to
762	said section, to read:
763	380.031  Definitions.--As used in this chapter:
764	(8)  "Land development regulations" include local zoning,
765	subdivision, assembly, reassembly, or adjustment of platted or
766	subdivided lands, building, and other regulations controlling
767	the development of land.
768	(21)  "Land assembly or adjustment" means the consolidation
769	of contiguous and noncontiguous platted or subdivided lots and
770	the vacation or deplatting of all or a portion of these lots to
771	allow replatting and reassembly for more appropriate development
772	or use.
773	(22)  "Antiquated subdivisions" means subdivisions or large
774	numbers of lots within platted and unplatted subdivisions that
775	were recorded prior to 1980 in which the continued buildout of
776	the subdivision would provide an imbalance of land uses and
777	would be detrimental to the local and regional economies and
778	environment, hinder current planning practices, and lead to
779	inefficient development patterns.
780	Section 19.  Subsection (1) of section 695.01, Florida
781	Statutes, is amended to read:
782	695.01  Conveyances to be recorded.--
783	(1)  Every conveyance, transfer, agreement or contract for
784	deed, and transfer of, or mortgage of, real property, or any
785	interest therein, shall be recorded in the public records of the
786	county in which the real property is situated. A copy of the
787	approved, recorded plat or survey, if the plat is unrecorded or
788	the legal description is not attached, shall be attached to each
789	instrument and submitted to the clerk of the circuit court for
790	recording. No conveyance, transfer, or mortgage of real
791	property, or of any interest therein, nor any lease for a term
792	of 1 year or longer, shall be good and effectual in law or
793	equity against creditors or subsequent purchasers for a valuable
794	consideration and without notice, unless the same be recorded
795	according to law; nor shall any such instrument made or executed
796	by virtue of any power of attorney be good or effectual in law
797	or in equity against creditors or subsequent purchasers for a
798	valuable consideration and without notice unless the power of
799	attorney be recorded before the accruing of the right of such
800	creditor or subsequent purchaser.
801	Section 20.  Section 696.01, Florida Statutes, is amended
802	to read:
803	696.01  Contracts for sale of realty must be acknowledged
804	in order to be recorded.--All contracts for deed or other
805	instruments for the purchase or sale of real estate must be
806	recorded in the public records of the county where the real
807	property is situated. A copy of the approved recorded plat or
808	survey must be attached to each instrument at the time of
809	recording. No contract, agreement, or other instrument
810	purporting to contain an agreement to purchase or sell real
811	estate shall be recorded in the public records of any county in
812	the state, unless such contract, agreement or other instrument
813	is acknowledged by the vendor in the manner provided by law for
814	the acknowledgment of deeds; and where there is no
815	acknowledgment on the part of the vendor, the recording officers
816	in the various counties of this state shall refuse to accept
817	such instrument for record.
818	Section 21.  Subsection (1) of section 697.01, Florida
819	Statutes, is amended to read:
820	697.01  Instruments deemed mortgages.--
821	(1)  All conveyances, obligations conditioned or
822	defeasible, bills of sale, contracts or agreements for deed, or
823	other instruments of writing conveying or selling property,
824	either real or personal, for the purpose or with the intention
825	of securing the payment of money, whether such instrument be
826	from the debtor to the creditor or from the debtor to some third
827	person in trust for the creditor, shall be deemed and held
828	mortgages, and shall be subject to the same rules of foreclosure
829	and to the same regulations, restraints, recordation
830	requirements, and forms as are prescribed in relation to
831	mortgages.
832	Section 22.  This act shall take effect upon becoming a
833	law.

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