HB 1513

CS

CHAMBER ACTION

2	The Committee on Judiciary recommends 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 s. 125.01,
11	F.S.; revising certain powers of county governments to
12	regulate lands; amending s. 127.01, F.S.; specifying
13	consolidation of certain property for certain purposes as
14	a public purpose; amending s. 163.3164, F.S.; revising the
15	definition of the term "land development regulations" and
16	defining the term "land assembly or adjustment"; amending
17	s. 163.3177, F.S.; revising requirements of future land
18	use plan elements of a required comprehensive plan to
19	address antiquated subdivisions and consolidation of
20	certain properties for certain purposes; providing a
21	deadline for addressing certain plan amendments; amending
22	s. 163.3202, F.S.; revising certain land development
23	regulation requirements to address consolidation of
24	certain properties for certain purposes; amending s.
25	163.340, F.S.; revising certain definitions to include
26	consolidation of certain properties and antiquated
27	subdivisions; amending s. 163.360, F.S.; including
28	antiquated subdivisions under certain community
29	redevelopment plan requirements; amending s. 166.411,
30	F.S.; including consolidation of certain properties for
31	certain purposes under municipal powers of eminent domain;
32	amending s. 177.011, F.S.; providing additional purposes
33	and scope relating to platting, replatting, and reassembly
34	of lands; providing intent relating to regulation of land
35	platting and land assembly or adjustment; amending s.
36	177.031, F.S.; revising the definition of the term
37	"subdivision" and defining the term "land assembly or
38	adjustment"; amending s. 177.091, F.S.; requiring
39	recordation of approved subdivision plats in certain
40	public records; amending s. 177.101, F.S.; authorizing
41	local governing bodies to order the assembly or adjustment
42	of all or portions of subdivisions for certain purposes;
43	providing an exception; providing criteria and
44	requirements; amending s. 177.111, F.S.; requiring
45	submittal of certain approved plats to certain entities;
46	amending s. 290.003, F.S.; declaring the revitalization of
47	antiquated subdivisions to be a public purpose; amending
48	s. 290.0058, F.S.; revising provisions for determining
49	general distress of certain areas to include antiquated
50	subdivisions and other criteria; amending s. 380.031,
51	F.S.; revising the definition of the term "land
52	development regulations" and defining the terms
53	"antiquated subdivisions" and "land assembly or
54	adjustment"; providing an effective date.
55
56	WHEREAS, antiquated subdivisions or large volumes of vacant
57	lots within platted and unplatted subdivisions are detrimental
58	to the local and regional economies and environment, hinder
59	appropriate planning, and lead to inefficient development
60	patterns, and
61	WHEREAS, large-scale land reassembly of subdivided lots is
62	expensive to both the property owner and the local governing
63	body and is administratively complicated and time consuming, and
64	WHEREAS, local governments could foster the reassembly of
65	subdivided lots into parcels that would incorporate current
66	planning practices for efficient development, NOW, THEREFORE,
67
68	Be It Enacted by the Legislature of the State of Florida:
69
70	Section 1.  Paragraphs (g), (h), and (j) of subsection (1)
71	of section 125.01, Florida Statutes, are amended to read:
72	125.01  Powers and duties.--
73	(1)  The legislative and governing body of a county shall
74	have the power to carry on county government. To the extent not
75	inconsistent with general or special law, this power includes,
76	but is not restricted to, the power to:
77	(g)  Prepare and enforce comprehensive plans for the
78	development of the county and the regulation of platted lands
79	development, including platting, deplatting, and reassembly.
80	(h)  Establish, coordinate, and enforce zoning and such
81	business regulations as are necessary for the protection of the
82	community and environmental welfare public.
83	(j)  Establish and administer programs of housing, slum
84	clearance, community redevelopment, conservation, flood and
85	beach erosion control, air pollution control, platted lands
86	assembly or adjustment, and navigation and drainage and
87	cooperate with governmental agencies and private enterprises in
88	the development and operation of such programs.
89	Section 2.  Subsection (3) is added to section 127.01,
90	Florida Statutes, to read:
91	127.01  Counties delegated power of eminent domain;
92	recreational purposes, issue of necessity of taking.--
93	(3)  The consolidation of platted or subdivided lots to
94	allow replatting for more appropriate development consistent
95	with the public policies of the jurisdiction or for public use
96	shall be considered a public purpose.
97	Section 3.  Subsection (23) of section 163.3164, Florida
98	Statutes, is amended, and subsection (32) is added to said
99	section, to read:
100	163.3164  Local Government Comprehensive Planning and Land
101	Development Regulation Act; definitions.--As used in this act:
102	(23)  "Land development regulations" means ordinances
103	enacted by governing bodies for the regulation of any aspect of
104	development and includes any local government zoning, rezoning,
105	subdivision, land assembly or adjustment of platted or
106	subdivided lands, building construction, or sign regulations or
107	any other regulations controlling the development of land,
108	except that this definition shall not apply in s. 163.3213.
109	(32)  "Land assembly or adjustment" means the consolidation
110	of contiguous and noncontiguous platted or subdivided lots and
111	the vacation or deplatting of all or a portion of such lots to
112	allow replatting and reassembly for more appropriate development
113	or use.
114	Section 4.  Paragraph (a) of subsection (6) of section
115	163.3177, Florida Statutes, is amended to read:
116	163.3177  Required and optional elements of comprehensive
117	plan; studies and surveys.--
118	(6)  In addition to the requirements of subsections (1)-
119	(5), the comprehensive plan shall include the following
120	elements:
121	(a)  A future land use plan element designating proposed
122	future general distribution, location, and extent of the uses of
123	land for residential uses, commercial uses, industry,
124	agriculture, recreation, conservation, education, public
125	buildings and grounds, other public facilities, and other
126	categories of the public and private uses of land. Each future
127	land use category must be defined in terms of uses included, and
128	must include standards to be followed in the control and
129	distribution of population densities and building and structure
130	intensities. The proposed distribution, location, and extent of
131	the various categories of land use shall be shown on a land use
132	map or map series which shall be supplemented by goals,
133	policies, and measurable objectives. The future land use plan
134	shall be based upon surveys, studies, and data regarding the
135	area, including the amount of land required to accommodate
136	anticipated growth; the projected population of the area; the
137	character of undeveloped land, including an analysis of
138	antiquated subdivisions; the availability of public services;
139	the need for redevelopment and land reassembly, including the
140	renewal of blighted areas and the elimination of nonconforming
141	uses which are inconsistent with the character of the community;
142	and, in rural communities, the need for job creation, capital
143	investment, and economic development that will strengthen and
144	diversify the community's economy. The future land use plan may
145	designate areas for future planned development use involving
146	combinations of types of uses for which special regulations may
147	be necessary to ensure development in accord with the principles
148	and standards of the comprehensive plan and this act. The future
149	land use plan shall contain provisions to address antiquated
150	subdivisions that are underused to minimize the imbalance of
151	single land use buildout, lack of public services, and
152	environmental and water quality impacts. In addition, for rural
153	communities, the amount of land designated for future planned
154	industrial use shall be based upon surveys and studies that
155	reflect the need for job creation, capital investment, and the
156	necessity to strengthen and diversify the local economies, and
157	shall not be limited solely by the projected population of the
158	rural community. The future land use plan of a county may also
159	designate areas for possible future municipal incorporation. The
160	future land use plan element shall identify any area where the
161	local government seeks to consolidate platted or subdivided lots
162	and the vacation of all or a portion of such lots to allow
163	appropriate development, redevelopment, reassembly, or any other
164	use. The land use maps or map series shall generally identify
165	and depict historic district boundaries and shall designate
166	historically significant properties meriting protection. The
167	future land use element must clearly identify the land use
168	categories in which public schools are an allowable use. When
169	delineating the land use categories in which public schools are
170	an allowable use, a local government shall include in the
171	categories sufficient land proximate to residential development
172	to meet the projected needs for schools in coordination with
173	public school boards and may establish differing criteria for
174	schools of different type or size. Each local government shall
175	include lands contiguous to existing school sites, to the
176	maximum extent possible, within the land use categories in which
177	public schools are an allowable use. All comprehensive plans
178	must comply with the school siting requirements of this
179	paragraph no later than October 1, 1999. The failure by a local
180	government to comply with these school siting requirements by
181	October 1, 1999, will result in the prohibition of the local
182	government's ability to amend the local comprehensive plan,
183	except for plan amendments described in s. 163.3187(1)(b), until
184	the school siting requirements are met. Amendments proposed by a
185	local government for purposes of identifying the land use
186	categories in which public schools are an allowable use or for
187	adopting or amending the school-siting maps pursuant to s.
188	163.31776(3) are exempt from the limitation on the frequency of
189	plan amendments contained in s. 163.3187. The future land use
190	element shall include criteria that encourage the location of
191	schools proximate to urban residential areas to the extent
192	possible and shall require that the local government seek to
193	collocate public facilities, such as parks, libraries, and
194	community centers, with schools to the extent possible and to
195	encourage the use of elementary schools as focal points for
196	neighborhoods. For schools serving predominantly rural counties,
197	defined as a county with a population of 100,000 or fewer, an
198	agricultural land use category shall be eligible for the
199	location of public school facilities if the local comprehensive
200	plan contains school siting criteria and the location is
201	consistent with such criteria. Plan amendments that are needed
202	to address requirements related to land assembly or adjustment
203	of platted or subdivided lands or antiquated subdivisions shall
204	be addressed prior to local government action to exercise such
205	land assembly options or no later than the first evaluation and
206	appraisal report which is due to be submitted at least 3 years
207	after July 1, 2004.
208	Section 5.  Paragraph (a) of subsection (2) and subsection
209	(3) of section 163.3202, Florida Statutes, are amended to read:
210	163.3202  Land development regulations.--
211	(2)  Local land development regulations shall contain
212	specific and detailed provisions necessary or desirable to
213	implement the adopted comprehensive plan and shall as a minimum:
214	(a)  Regulate the subdivision, assembly, reassembly, or
215	adjustment of land, as defined in ss. 163.3164(32) and 177.101;
216	(3)  This section shall be construed to encourage the use
217	of innovative land development regulations which include
218	provisions such as transfer of development rights, incentive and
219	inclusionary zoning, planned-unit development, impact fees, and
220	performance zoning, and land assembly, reassembly, or
221	adjustment, as described in chapter 177. These and all other
222	such regulations shall be combined and compiled into a single
223	land development code for the jurisdiction. A general zoning
224	code shall not be required if a local government's adopted land
225	development regulations meet the requirements of this section.
226	Section 6.  Subsections (9) and (10) of section 163.340,
227	Florida Statutes, are amended to read:
228	163.340  Definitions.--The following terms, wherever used
229	or referred to in this part, have the following meanings:
230	(9)  "Community redevelopment" or "redevelopment" means
231	undertakings, activities, or projects of a county, municipality,
232	or community redevelopment agency in a community redevelopment
233	area for the elimination and prevention of the development or
234	spread of slums and blight, or for the reduction or prevention
235	of crime, or for the provision of affordable housing, whether
236	for rent or for sale, to residents of low or moderate income,
237	including the elderly, and may include slum clearance and
238	redevelopment in a community redevelopment area or
239	rehabilitation and revitalization of coastal resort and tourist
240	areas that are deteriorating and economically distressed, or
241	rehabilitation or conservation in a community redevelopment
242	area, or the reassembly, platting, or replatting of lands, or
243	any combination or part thereof, in accordance with a community
244	redevelopment plan and may include the preparation of such a
245	plan.
246	(10)  "Community redevelopment area" means a slum area, a
247	blighted area, or an area in which there is a shortage of
248	housing that is affordable to residents of low or moderate
249	income, including the elderly, an antiquated subdivision, or a
250	coastal and tourist area that is deteriorating and economically
251	distressed due to outdated building density patterns, inadequate
252	transportation and parking facilities, faulty lot layout or
253	inadequate street layout, or a pattern of platted or subdivided
254	lots in an area that makes the area unsuitable for economically
255	viable development or use, or a combination thereof, which the
256	governing body designates as appropriate for community
257	redevelopment.
258	Section 7.  Paragraph (b) of subsection (8) of section
259	163.360, Florida Statutes, is amended to read:
260	163.360  Community redevelopment plans.--
261	(8)  If the community redevelopment area consists of an
262	area of open land to be acquired by the county or the
263	municipality, such area may not be so acquired unless:
264	(b)  In the event the area is to be developed in whole or
265	in part for nonresidential uses, the governing body determines
266	that:
267	1.  Such nonresidential uses are necessary and appropriate
268	to facilitate the proper growth and development of the community
269	in accordance with sound planning standards and local community
270	objectives.
271	2.  Acquisition may require the exercise of governmental
272	action, as provided in this part, because of:
273	a.  Defective, or unusual conditions of, title or diversity
274	of ownership which prevents the free alienability of such land;
275	b.  Tax delinquency;
276	c.  Improper or antiquated subdivisions;
277	d.  Outmoded street patterns;
278	e.  Deterioration of site;
279	f.  Economic disuse;
280	g.  Unsuitable topography or faulty lot layouts;
281	h.  Lack of correlation of the area with other areas of a
282	county or municipality by streets and modern traffic
283	requirements; or
284	i.  Any combination of such factors or other conditions
285	which retard development of the area.
286	3.  Conditions of blight in the area contribute to an
287	increase in and spread of disease and crime or constitute a
288	menace to public health, safety, morals, or welfare.
289	Section 8.  Subsection (12) is added to section 166.411,
290	Florida Statutes, to read:
291	166.411  Eminent domain; uses or purposes.--Municipalities
292	are authorized to exercise the power of eminent domain for the
293	following uses or purposes:
294	(12)  The consolidation of platted or subdivided lots to
295	allow replatting and reassembly for more appropriate development
296	consistent with the public policies of the jurisdiction or for
297	public use.
298	Section 9.  Section 177.011, Florida Statutes, is amended
299	to read:
300	177.011  Purpose and scope of part I.--This part shall be
301	deemed to establish consistent minimum requirements, and to
302	create such additional powers in local governing bodies, as
303	herein provided to regulate and control the platting,
304	replatting, and reassembly of lands. The public health, safety,
305	comfort, economy, order, appearance, convenience, morals, and
306	general welfare require the harmonious, orderly, and progressive
307	development of land within this state and its counties and
308	incorporated municipalities. In furtherance of this general
309	purpose, counties and incorporated municipalities, individually
310	or in combination, may adopt, amend, or revise and enforce
311	measures relating to platting and land assembly or adjustment.
312	(1)  The regulation of platting and land assembly or
313	adjustment is intended to:
314	(a)  Aid in the coordination of land development in
315	counties and municipalities in accordance with orderly physical
316	patterns.
317	(b)  Discourage haphazard, premature, uneconomic, or
318	scattered land development.
319	(c)  Encourage development of economically stable and
320	healthful communities.
321	(d)  Ensure adequate utilities provision to all lands being
322	developed.
323	(e)  Serve as one of the several instruments of the local
324	comprehensive plan authorized by s. 163.3161.
325	(2)  This part establishes minimum requirements and does
326	not exclude additional provisions or regulations by local
327	ordinance, laws, or regulations.
328	Section 10.  Subsection (18) of section 177.031, Florida
329	Statutes, is amended, and subsection (23) is added to said
330	section, to read:
331	177.031  Definitions.--As used in this part:
332	(18)  "Subdivision" means the division of land into two
333	three or more lots, parcels, tracts, tiers, blocks, sites,
334	units, or any other division of land; and includes establishment
335	of new streets and alleys, additions, and resubdivisions; and,
336	when appropriate to the context, relates to the process of
337	subdividing or to the lands or area subdivided.
338	(23)  "Land assembly or adjustment" means the consolidation
339	of contiguous and noncontiguous platted or subdivided lots and
340	the vacation or deplatting of all or a portion of such lots to
341	allow replatting and reassembly for more appropriate development
342	or use.
343	Section 11.  Section 177.091, Florida Statutes, is amended
344	to read:
345	177.091  Plats made for recording.--Every approved plat of
346	a subdivision shall be recorded in the public records of each
347	county in which the property is situated and offered for
348	recording shall conform to the following:
349	(1)  It must be:
350	(a)  An original drawing made with black permanent drawing
351	ink; or
352	(b)  A nonadhered scaled print on a stable base film made
353	by photographic processes from a film scribing tested for
354	residual hypo testing solution to assure permanency.
355
356	Marginal lines, standard certificates and approval forms shall
357	be printed on the plat with a permanent black drawing ink. A
358	print or photographic copy of the original drawing must be
359	submitted with the original drawing.
360	(2)  The size of each sheet shall be determined by the
361	local governing body and shall be drawn with a marginal line, or
362	printed when permitted by local ordinance, completely around
363	each sheet and placed so as to leave at least a 1/2-inch margin
364	on each of three sides and a 3-inch margin on the left side of
365	the plat for binding purposes.
366	(3)  When more than one sheet must be used to accurately
367	portray the lands subdivided, an index or key map must be
368	included and each sheet must show the particular number of that
369	sheet and the total number of sheets included, as well as
370	clearly labeled matchlines to show where other sheets match or
371	adjoin.
372	(4)  In all cases, the letter size and scale used shall be
373	of sufficient size to show all detail. The scale shall be both
374	stated and graphically illustrated by a graphic scale drawn on
375	every sheet showing any portion of the lands subdivided.
376	(5)  The name of the plat shall be shown in bold legible
377	letters, as stated in s. 177.051. The name of the subdivision
378	shall be shown on each sheet included. The name of the
379	professional surveyor and mapper or legal entity, along with the
380	street and mailing address, must be shown on each sheet
381	included.
382	(6)  A prominent "north arrow" shall be drawn on every
383	sheet included showing any portion of the lands subdivided. The
384	bearing or azimuth reference shall be clearly stated on the face
385	of the plat in the notes or legend, and, in all cases, the
386	bearings used shall be referenced to some well established and
387	monumented line.
388	(7)  Permanent reference monuments must be placed at each
389	corner or change in direction on the boundary of the lands being
390	platted and may not be more than 1,400 feet apart. Where such
391	corners are in an inaccessible place, "P.R.M.s" shall be set on
392	a nearby offset within the boundary of the plat and such offset
393	shall be so noted on the plat. Where corners are found to
394	coincide with a previously set "P.R.M.," the Florida
395	registration number of the professional surveyor and mapper in
396	responsible charge or the certificate of authorization number of
397	the legal entity on the previously set "P.R.M." shall be shown
398	on the new plat or, if unnumbered, shall so state. Permanent
399	reference monuments shall be set before the recording of the
400	plat. The "P.R.M.s" shall be shown on the plat by an appropriate
401	symbol or designation.
402	(8)  Permanent control points shall be set on the
403	centerline of the right-of-way at the intersection and terminus
404	of all streets, at each change of direction, and no more than
405	1,000 feet apart. Such "P.C.P.s" shall be shown on the plat by
406	an appropriate symbol or designation. In those counties or
407	municipalities that do not require subdivision improvements and
408	do not accept bonds or escrow accounts to construct
409	improvements, "P.C.P.s" may be set prior to the recording of the
410	plat and must be set within 1 year of the date the plat was
411	recorded. In the counties or municipalities that require
412	subdivision improvements and have the means of insuring the
413	construction of said improvements, such as bonding requirements,
414	"P.C.P.s" must be set prior to the expiration of the bond or
415	other surety. If the professional surveyor and mapper or legal
416	entity of record is no longer in practice or is not available
417	due to relocation, or when the contractual relationship between
418	the subdivider and professional surveyor and mapper or legal
419	entity has been terminated, the subdivider shall contract with a
420	professional surveyor and mapper or legal entity in good
421	standing to place the "P.C.P.s" within the time allotted.
422	(9)  Monuments shall be set at all lot corners, points of
423	intersection, and changes of direction of lines within the
424	subdivision which do not require a "P.R.M." or a "P.C.P.";
425	however, a monument need not be set if a monument already exists
426	at such corner, point, or change of direction or when a monument
427	cannot be set due to a physical obstruction. In those counties
428	or municipalities that do not require subdivision improvements
429	and do not accept bonds or escrow accounts to construct
430	improvements, monuments may be set prior to the recording of the
431	plat and must be set at the lot corners before the transfer of
432	the lot. In those counties or municipalities that require
433	subdivision improvements and have the means of ensuring the
434	construction of those improvements, such as bonding
435	requirements, monuments shall be set prior to the expiration of
436	the bond or other surety. If the professional surveyor and
437	mapper or legal entity of record is no longer in practice or is
438	not available due to relocation, or when the contractual
439	relationship between the subdivider and professional surveyor
440	and mapper or legal entity has been terminated, the subdivider
441	shall contract with a professional surveyor and mapper or legal
442	entity in good standing who shall be allowed to place the
443	monuments within the time allotted.
444	(10)  The section, township, and range shall appear
445	immediately under the name of the plat on each sheet included,
446	along with the name of the city, town, village, county, and
447	state in which the land being platted is situated.
448	(11)  Each plat shall show a description of the lands
449	subdivided, and the description shall be the same in the title
450	certification. The description must be so complete that from it,
451	without reference to the plat, the starting point and boundary
452	can be determined.
453	(12)  The dedications and approvals required by ss. 177.071
454	and 177.081 must be shown.
455	(13)  The circuit court clerk's certificate and the
456	professional surveyor and mapper's seal and statement required
457	by s. 177.061 shall be shown.
458	(14)  All section lines and quarter section lines occurring
459	within the subdivision shall be indicated by lines drawn upon
460	the map or plat, with appropriate words and figures. If the
461	description is by metes and bounds, all information called for,
462	such as the point of commencement, course bearings and
463	distances, and the point of beginning, shall be indicated. If
464	the platted lands are in a land grant or are not included in the
465	subdivision of government surveys, then the boundaries are to be
466	defined by metes and bounds and courses.
467	(15)  Location, width, and names of all streets, waterways,
468	or other rights-of-way shall be shown, as applicable.
469	(16)  Location and width of proposed easements and existing
470	easements identified in the title opinion or certification
471	required by s. 177.041(2) shall be shown on the plat or in the
472	notes or legend, and their intended use shall be clearly stated.
473	Where easements are not coincident with property lines, they
474	must be labeled with bearings and distances and tied to the
475	principal lot, tract, or right-of-way.
476	(17)  All contiguous properties shall be identified by
477	subdivision title, plat book, and page, or, if unplatted, land
478	shall be so designated. If the subdivision platted is a part or
479	the whole of a previously recorded subdivision, sufficient ties
480	shall be shown to controlling lines appearing on the earlier
481	plat to permit an overlay to be made; the fact of its being a
482	replat shall be stated as a subtitle under the name of the plat
483	on each sheet included. The subtitle must state the name of the
484	subdivision being replatted and the appropriate recording
485	reference.
486	(18)  All lots shall be numbered either by progressive
487	numbers or, if in blocks, progressively numbered in each block,
488	and the blocks progressively numbered or lettered, except that
489	blocks in numbered additions bearing the same name may be
490	numbered consecutively throughout the several additions.
491	(19)  Sufficient survey data shall be shown to positively
492	describe the bounds of every lot, block, street easement, and
493	all other areas shown on the plat. When any lot or portion of
494	the subdivision is bounded by an irregular line, the major
495	portion of that lot or subdivision shall be enclosed by a
496	witness line showing complete data, with distances along all
497	lines extended beyond the enclosure to the irregular boundary
498	shown with as much certainty as can be determined or as "more or
499	less," if variable. Lot, block, street, and all other dimensions
500	except to irregular boundaries, shall be shown to a minimum of
501	hundredths of feet. All measurements shall refer to horizontal
502	plane and in accordance with the definition of the U.S. Survey
503	foot or meter adopted by the National Institute of Standards and
504	Technology. All measurements shall use the 39.37/12=3.28083333333
505	equation for conversion from a U.S. foot to meters.
506	(20)  Curvilinear lot lines shall show the radii, arc
507	distances, and central angles. Radial lines will be so
508	designated. Direction of nonradial lines shall be indicated.
509	(21)  Sufficient angles, bearings, or azimuth to show
510	direction of all lines shall be shown, and all bearings, angles,
511	or azimuth shall be shown to the nearest second of arc.
512	(22)  The centerlines of all streets shall be shown as
513	follows: noncurved lines: distances together with either angles,
514	bearings, or azimuths; curved lines: arc distances, central
515	angles, and radii, together with chord and chord bearing or
516	azimuths.
517	(23)  Park and recreation parcels as applicable shall be so
518	designated.
519	(24)  All interior excepted parcels as described in the
520	description of the lands being subdivided shall be clearly
521	indicated and labeled "Not a part of this plat."
522	(25)  The purpose of all areas dedicated must be clearly
523	indicated or stated on the plat.
524	(26)  When it is not possible to show line or curve data
525	information on the map, a tabular form may be used. The tabular
526	data must appear on the sheet to which it applies.
527	(27)  The plat shall include in a prominent place the
528	following statements: "NOTICE: This plat, as recorded in its
529	graphic form, is the official depiction of the subdivided lands
530	described herein and will in no circumstances be supplanted in
531	authority by any other graphic or digital form of the plat.
532	There may be additional restrictions that are not recorded on
533	this plat that may be found in the public records of this
534	county."
535	(28)  All platted utility easements shall provide that such
536	easements shall also be easements for the construction,
537	installation, maintenance, and operation of cable television
538	services; provided, however, no such construction, installation,
539	maintenance, and operation of cable television services shall
540	interfere with the facilities and services of an electric,
541	telephone, gas, or other public utility. In the event a cable
542	television company damages the facilities of a public utility,
543	it shall be solely responsible for the damages. This section
544	shall not apply to those private easements granted to or
545	obtained by a particular electric, telephone, gas, or other
546	public utility. Such construction, installation, maintenance,
547	and operation shall comply with the National Electrical Safety
548	Code as adopted by the Florida Public Service Commission.
549	(29)  A legend of all symbols and abbreviations shall be
550	shown.
551	Section 12.  Section 177.101, Florida Statutes, is amended
552	to read:
553	177.101  Assembly, replat, vacation, and annulment of plats
554	subdividing land.--
555	(1)  Whenever it is discovered, after the plat has been
556	recorded in the public records, that the developer has
557	previously caused the lands embraced in the second plat to be
558	differently subdivided under and by virtue of another plat of
559	the same identical lands, and the first plat was also filed of
560	public record at an earlier date, and no conveyances of lots by
561	reference to the first plat so filed appears of record in such
562	county, the governing body of the county is authorized and
563	directed to and shall, by resolution, vacate and annul the first
564	plat of such lands appearing of record upon the application of
565	the developer of such lands under the first plat or upon
566	application of the owners of all the lots shown and designated
567	upon the second and subsequent plat of such lands, and the
568	circuit court clerk of the county shall thereupon make proper
569	notation of the annulment of such plat upon the face of such
570	annulled plat.
571	(2)  Whenever it is discovered that after the filing of a
572	plat subdividing a parcel of land located in the county, the
573	developer of the lands therein and thereby subdivided did cause
574	such lands embraced in said plat, or a part thereof, to be again
575	and subsequently differently subdivided under another plat of
576	the same and identical lands or a part thereof, which said
577	second plat was also filed at a later date; and it is further
578	made to appear to the governing body of the county that the
579	filing and recording of the second plat would not materially
580	affect the right of convenient access to lots previously
581	conveyed under the first plat, the governing body of the county
582	is authorized by resolution to vacate and annul so much of the
583	first plat of such lands appearing of record as are included in
584	the second plat, upon application of the owners and developer of
585	such lands under the first plat or their successors, grantees,
586	or assignees, and the circuit court clerk of the county shall
587	thereupon make proper notation of the action of the governing
588	body upon the face of the first plat. The approval of a replat
589	by the governing body of a local government, which encompasses
590	lands embraced in all or part of a prior plat filed of public
591	record shall, upon recordation of the replat, automatically and
592	simultaneously vacate and annul all of the prior plat
593	encompassed by the replat.
594	(3)  The governing bodies of the counties of the state may
595	adopt resolutions vacating plats in whole or in part of
596	subdivisions in said counties, returning the property covered by
597	such plats either in whole or in part into acreage. Before such
598	resolution of vacating any plat either in whole or in part shall
599	be entered by the governing body of a county, it must be shown
600	that the persons making application for said vacation own the
601	fee simple title to the whole or that part of the tract covered
602	by the plat sought to be vacated, and it must be further shown
603	that the vacation by the governing body of the county will not
604	affect the ownership or right of convenient access of persons
605	owning other parts of the subdivision.
606	(4)  Persons making application for vacations of plats
607	either in whole or in part shall give notice of their intention
608	to apply to the governing body of the county to vacate said plat
609	by publishing legal notice in a newspaper of general circulation
610	in the county in which the tract or parcel of land is located,
611	in not less than two weekly issues of said paper, and must
612	attach to the petition for vacation the proof of such
613	publication, together with certificates showing that all state
614	and county taxes have been paid. For the purpose of the tax
615	collector's certification that state, county, and municipal
616	taxes have been paid, the taxes shall be deemed to have been
617	paid if, in addition to any partial payment under s. 194.171,
618	the owner of the platted lands sought to be vacated shall post a
619	cash bond, approved by the tax collector of the county where the
620	land is located and by the Department of Revenue, conditioned to
621	pay the full amount of any judgment entered pursuant to s.
622	194.192 adverse to the person making partial payment, including
623	all costs, interest, and penalties. The circuit court shall fix
624	the amount of said bond by order, after considering the
625	reasonable timeframe for such litigation and all other relevant
626	factors; and a certified copy of such approval, order, and cash
627	bond shall be attached to the application. If such tract or
628	parcel of land is within the corporate limits of any
629	incorporated city or town, the governing body of the county
630	shall be furnished with a certified copy of a resolution of the
631	town council or city commission, as the case may be, showing
632	that it has already by suitable resolution vacated such plat or
633	subdivision or such part thereof sought to be vacated.
634	(5)  Every such resolution by the governing body shall have
635	the effect of vacating all streets and alleys which have not
636	become highways necessary for use by the traveling public. Such
637	vacation shall not become effective until a certified copy of
638	such resolution has been filed in the offices of the circuit
639	court clerk and duly recorded in the public records of said
640	county.
641	(6)  All resolutions vacating plats by the governing body
642	of a county prior to September 1, 1971, are hereby validated,
643	ratified, and confirmed. Such resolutions shall have the same
644	effect as if the plat had been vacated after September 1, 1971.
645	(7)(a)  The governing body of a county may order the
646	assembly or adjustment of all or part of a subdivision within
647	its jurisdiction to the provisions and objectives of the revised
648	local comprehensive plan. It may order the assembly, replatting,
649	or vacation of the acreage of the existing plat on any portion
650	of the subdivision, including the vacation of streets, except
651	any roads on the State Highway System, or other parcels of land
652	dedicated for public purposes or any of such streets or other
653	parcels, when:
654	1.  The plat of the subdivision was recorded as provided by
655	law, or approved pursuant to law but not recorded, not less than
656	25 years before the date of such action.
657	2.  In the subdivision or a portion of the subdivision, not
658	more than 20 percent of the total subdivision area has been
659	built into the uses of the subdivision's zoned or land use
660	purposes.
661	(b)  Any persons or entities, other than the local
662	governing body, pursuing reassembly of a parcel pursuant to this
663	section must demonstrate that the persons or entities making
664	application for such vacation own the fee simple title to at
665	least 60 percent of the subdivision or portion of the tract
666	covered by the plat sought to be vacated and must demonstrate
667	that the vacation will not affect the ownership or right of
668	convenient access of persons owning other parts of the
669	subdivision.
670	(c)  Such action shall be based on a finding by the
671	governing body that the proposed assembly or adjustment, or
672	vacation and reversion to acreage of subdivided land, conforms
673	to the comprehensive plan of the area and that the public
674	health, safety, economy, comfort, order, convenience, and
675	welfare will be promoted.
676	Section 13.  Section 177.111, Florida Statutes, is amended
677	to read:
678	177.111  Instructions for filing plat.--After the approval
679	by the appropriate governing body required by s. 177.071, the
680	plat shall be submitted to recorded by the circuit court clerk
681	or other recording officer for recording in the public records
682	of the county upon submission thereto of such approved plat. The
683	circuit court clerk or other recording officer shall maintain in
684	his or her office a book of the proper size for such papers so
685	that they shall not be folded, to be kept in the vault. A print
686	or photographic copy must be filed in a similar book and kept in
687	his or her office for the use of the public. The clerk shall
688	make available to the public a full size copy of the record plat
689	at a reasonable fee.
690	Section 14.  Section 290.003, Florida Statutes, is amended
691	to read:
692	290.003  Policy and purpose.--It is the policy of this
693	state to provide the necessary means to assist local
694	communities, their residents, and the private sector in creating
695	the proper economic and social environment to induce the
696	investment of private resources in productive business
697	enterprises located in severely distressed areas and to provide
698	jobs for residents of such areas. In achieving this objective,
699	the state will seek to provide appropriate investments, tax
700	benefits, and regulatory relief of sufficient importance to
701	encourage the business community to commit its financial
702	participation. The purpose of ss. 290.001-290.016 is to
703	establish a process that clearly identifies such severely
704	distressed areas and provides incentives by both the state and
705	local government to induce private investment in such areas. The
706	Legislature, therefore, declares the revitalization of
707	enterprise zones and antiquated subdivisions, through the
708	concerted efforts of government and the private sector, to be a
709	public purpose.
710	Section 15.  Subsection (4) of section 290.0058, Florida
711	Statutes, is amended to read:
712	290.0058  Determination of pervasive poverty, unemployment,
713	and general distress.--
714	(4)  General distress shall be evidenced by describing
715	adverse conditions within the nominated area, including
716	antiquated subdivisions, other than those of pervasive poverty
717	and unemployment. A high incidence of crime, abandoned
718	structures, and deteriorated infrastructure; or substantial
719	population change; a high percentage of tax delinquent parcels;
720	or inappropriate lot sizes to ensure a balance of land uses
721	decline are examples of appropriate indicators of general
722	distress.
723	Section 16.  Subsection (8) of section 380.031, Florida
724	Statutes, is amended, and subsections (21) and (22) are added to
725	said section, to read:
726	380.031  Definitions.--As used in this chapter:
727	(8)  "Land development regulations" include local zoning,
728	subdivision, assembly, reassembly, or adjustment of platted or
729	subdivided lands, building, and other regulations controlling
730	the development of land.
731	(21)  "Land assembly or adjustment" means the consolidation
732	of contiguous and noncontiguous platted or subdivided lots and
733	the vacation or deplatting of all or a portion of these lots to
734	allow replatting and reassembly for more appropriate development
735	or use.
736	(22)  "Antiquated subdivisions" means subdivisions or large
737	numbers of lots within platted and unplatted subdivisions that
738	were recorded prior to 1980 in which the continued buildout of
739	the subdivision would provide an imbalance of land uses and
740	would be detrimental to the local and regional economies and
741	environment, hinder current planning practices, and lead to
742	inefficient development patterns.
743	Section 17.  This act shall take effect upon becoming a
744	law.

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