HB 1513

1
A bill to be entitled
2An act relating to regulating the consolidation and
3recordation of lands; providing for assembly and
4readjustment of certain land plats; revising provisions
5relating to recording land plats; amending s. 125.01,
6F.S.; revising certain powers of county governments to
7regulate lands; amending s. 127.01, F.S.; specifying
8consolidation of certain property for certain purposes as
9a public purpose; amending s. 163.3164, F.S.; revising the
10definition of the term "land development regulations" and
11defining the term "land assembly or adjustment"; amending
12s. 163.3177, F.S.; revising requirements of future land
13use plan elements of a required comprehensive plan to
14address antiquated subdivisions and consolidation of
15certain properties for certain purposes; providing a
16deadline for addressing certain plan amendments; amending
17s. 163.3202, F.S.; revising certain land development
18regulation requirements to address consolidation of
19certain properties for certain purposes; amending s.
20163.340, F.S.; revising certain definitions to include
21consolidation of certain properties and antiquated
22subdivisions; amending s. 163.360, F.S.; including
23antiquated subdivisions under certain community
24redevelopment plan requirements; amending s. 166.411,
25F.S.; including consolidation of certain properties for
26certain purposes under municipal powers of eminent domain;
27amending s. 177.011, F.S.; providing additional purposes
28and scope relating to platting, replatting, and reassembly
29of lands; providing intent relating to regulation of land
30platting and land assembly or adjustment; amending s.
31177.031, F.S.; defining the term "land assembly or
32adjustment"; amending s. 177.091, F.S.; requiring
33recordation of approved subdivision plats in certain
34public records; amending s. 177.101, F.S.; authorizing
35local governing bodies to order the assembly or adjustment
36of all or portions of subdivisions for certain purposes;
37providing an exception; providing criteria and
38requirements; amending s. 177.111, F.S.; requiring
39submittal of certain approved plats to certain entities;
40amending s. 290.003, F.S.; declaring the revitalization of
41antiquated subdivisions to be a public purpose; amending
42s. 290.0058, F.S.; revising provisions for determining
43general distress of certain areas to include antiquated
44subdivisions and other criteria; amending s. 380.031,
45F.S.; revising the definition of the term "land
46development regulations" and defining the terms
47"antiquated subdivisions" and "land assembly or
48adjustment"; providing an effective date.
49
50     WHEREAS, antiquated subdivisions or large volumes of vacant
51lots within platted and unplatted subdivisions are detrimental
52to the local and regional economies and environment, hinder
53appropriate planning, and lead to inefficient development
54patterns, and
55     WHEREAS, large-scale land reassembly of subdivided lots is
56expensive to both the property owner and the local governing
57body and is administratively complicated and time consuming, and
58     WHEREAS, local governments could foster the reassembly of
59subdivided lots into parcels that would incorporate current
60planning practices for efficient development, NOW, THEREFORE,
61
62Be It Enacted by the Legislature of the State of Florida:
63
64     Section 1.  Paragraphs (g), (h), and (j) of subsection (1)
65of section 125.01, Florida Statutes, are amended to read:
66     125.01  Powers and duties.--
67     (1)  The legislative and governing body of a county shall
68have the power to carry on county government. To the extent not
69inconsistent with general or special law, this power includes,
70but is not restricted to, the power to:
71     (g)  Prepare and enforce comprehensive plans for the
72development of the county and the regulation of platted lands
73development, including platting, deplatting, and reassembly.
74     (h)  Establish, coordinate, and enforce zoning and such
75business regulations as are necessary for the protection of the
76community and environmental welfare public.
77     (j)  Establish and administer programs of housing, slum
78clearance, community redevelopment, conservation, flood and
79beach erosion control, air pollution control, platted lands
80assembly or adjustment, and navigation and drainage and
81cooperate with governmental agencies and private enterprises in
82the development and operation of such programs.
83     Section 2.  Subsection (3) is added to section 127.01,
84Florida Statutes, to read:
85     127.01  Counties delegated power of eminent domain;
86recreational purposes, issue of necessity of taking.--
87     (3)  The consolidation of platted or subdivided lots to
88allow replatting for more appropriate development consistent
89with the public policies of the jurisdiction or for public use
90shall be considered a public purpose.
91     Section 3.  Subsection (23) of section 163.3164, Florida
92Statutes, is amended, and subsection (32) is added to said
93section, to read:
94     163.3164  Local Government Comprehensive Planning and Land
95Development Regulation Act; definitions.--As used in this act:
96     (23)  "Land development regulations" means ordinances
97enacted by governing bodies for the regulation of any aspect of
98development and includes any local government zoning, rezoning,
99subdivision, land assembly or adjustment of platted or
100subdivided lands, building construction, or sign regulations or
101any other regulations controlling the development of land,
102except that this definition shall not apply in s. 163.3213.
103     (32)  "Land assembly or adjustment" means the consolidation
104of contiguous and noncontiguous platted or subdivided lots and
105the vacation or deplatting of all or a portion of such lots to
106allow replatting and reassembly for more appropriate development
107or use.
108     Section 4.  Paragraph (a) of subsection (6) of section
109163.3177, Florida Statutes, is amended to read:
110     163.3177  Required and optional elements of comprehensive
111plan; studies and surveys.--
112     (6)  In addition to the requirements of subsections (1)-
113(5), the comprehensive plan shall include the following
114elements:
115     (a)  A future land use plan element designating proposed
116future general distribution, location, and extent of the uses of
117land for residential uses, commercial uses, industry,
118agriculture, recreation, conservation, education, public
119buildings and grounds, other public facilities, and other
120categories of the public and private uses of land. Each future
121land use category must be defined in terms of uses included, and
122must include standards to be followed in the control and
123distribution of population densities and building and structure
124intensities. The proposed distribution, location, and extent of
125the various categories of land use shall be shown on a land use
126map or map series which shall be supplemented by goals,
127policies, and measurable objectives. The future land use plan
128shall be based upon surveys, studies, and data regarding the
129area, including the amount of land required to accommodate
130anticipated growth; the projected population of the area; the
131character of undeveloped land, including an analysis of
132antiquated subdivisions; the availability of public services;
133the need for redevelopment and land reassembly, including the
134renewal of blighted areas and the elimination of nonconforming
135uses which are inconsistent with the character of the community;
136and, in rural communities, the need for job creation, capital
137investment, and economic development that will strengthen and
138diversify the community's economy. The future land use plan may
139designate areas for future planned development use involving
140combinations of types of uses for which special regulations may
141be necessary to ensure development in accord with the principles
142and standards of the comprehensive plan and this act. The future
143land use plan shall contain provisions to address antiquated
144subdivisions that are underused to minimize the imbalance of
145single land use buildout, lack of public services, and
146environmental and water quality impacts. In addition, for rural
147communities, the amount of land designated for future planned
148industrial use shall be based upon surveys and studies that
149reflect the need for job creation, capital investment, and the
150necessity to strengthen and diversify the local economies, and
151shall not be limited solely by the projected population of the
152rural community. The future land use plan of a county may also
153designate areas for possible future municipal incorporation. The
154future land use plan element shall identify any area where the
155local government seeks to consolidate platted or subdivided lots
156and the vacation of all or a portion of such lots to allow
157appropriate development, redevelopment, reassembly, or any other
158use. The land use maps or map series shall generally identify
159and depict historic district boundaries and shall designate
160historically significant properties meriting protection. The
161future land use element must clearly identify the land use
162categories in which public schools are an allowable use. When
163delineating the land use categories in which public schools are
164an allowable use, a local government shall include in the
165categories sufficient land proximate to residential development
166to meet the projected needs for schools in coordination with
167public school boards and may establish differing criteria for
168schools of different type or size. Each local government shall
169include lands contiguous to existing school sites, to the
170maximum extent possible, within the land use categories in which
171public schools are an allowable use. All comprehensive plans
172must comply with the school siting requirements of this
173paragraph no later than October 1, 1999. The failure by a local
174government to comply with these school siting requirements by
175October 1, 1999, will result in the prohibition of the local
176government's ability to amend the local comprehensive plan,
177except for plan amendments described in s. 163.3187(1)(b), until
178the school siting requirements are met. Amendments proposed by a
179local government for purposes of identifying the land use
180categories in which public schools are an allowable use or for
181adopting or amending the school-siting maps pursuant to s.
182163.31776(3) are exempt from the limitation on the frequency of
183plan amendments contained in s. 163.3187. The future land use
184element shall include criteria that encourage the location of
185schools proximate to urban residential areas to the extent
186possible and shall require that the local government seek to
187collocate public facilities, such as parks, libraries, and
188community centers, with schools to the extent possible and to
189encourage the use of elementary schools as focal points for
190neighborhoods. For schools serving predominantly rural counties,
191defined as a county with a population of 100,000 or fewer, an
192agricultural land use category shall be eligible for the
193location of public school facilities if the local comprehensive
194plan contains school siting criteria and the location is
195consistent with such criteria. Plan amendments that are needed
196to address requirements related to land assembly or adjustment
197of platted or subdivided lands or antiquated subdivisions shall
198be addressed prior to local government action to exercise such
199land assembly options or no later than the first evaluation and
200appraisal report which is due to be submitted at least 3 years
201after July 1, 2004.
202     Section 5.  Paragraph (a) of subsection (2) and subsection
203(3) of section 163.3202, Florida Statutes, are amended to read:
204     163.3202  Land development regulations.--
205     (2)  Local land development regulations shall contain
206specific and detailed provisions necessary or desirable to
207implement the adopted comprehensive plan and shall as a minimum:
208     (a)  Regulate the subdivision, assembly, reassembly, or
209adjustment of land, as defined in ss. 163.3164(32) and 177.101;
210     (3)  This section shall be construed to encourage the use
211of innovative land development regulations which include
212provisions such as transfer of development rights, incentive and
213inclusionary zoning, planned-unit development, impact fees, and
214performance zoning, and land assembly, reassembly, or
215adjustment, as described in chapter 177. These and all other
216such regulations shall be combined and compiled into a single
217land development code for the jurisdiction. A general zoning
218code shall not be required if a local government's adopted land
219development regulations meet the requirements of this section.
220     Section 6.  Subsections (9) and (10) of section 163.340,
221Florida Statutes, are amended to read:
222     163.340  Definitions.--The following terms, wherever used
223or referred to in this part, have the following meanings:
224     (9)  "Community redevelopment" or "redevelopment" means
225undertakings, activities, or projects of a county, municipality,
226or community redevelopment agency in a community redevelopment
227area for the elimination and prevention of the development or
228spread of slums and blight, or for the reduction or prevention
229of crime, or for the provision of affordable housing, whether
230for rent or for sale, to residents of low or moderate income,
231including the elderly, and may include slum clearance and
232redevelopment in a community redevelopment area or
233rehabilitation and revitalization of coastal resort and tourist
234areas that are deteriorating and economically distressed, or
235rehabilitation or conservation in a community redevelopment
236area, or the reassembly, platting, or replatting of lands, or
237any combination or part thereof, in accordance with a community
238redevelopment plan and may include the preparation of such a
239plan.
240     (10)  "Community redevelopment area" means a slum area, a
241blighted area, or an area in which there is a shortage of
242housing that is affordable to residents of low or moderate
243income, including the elderly, an antiquated subdivision, or a
244coastal and tourist area that is deteriorating and economically
245distressed due to outdated building density patterns, inadequate
246transportation and parking facilities, faulty lot layout or
247inadequate street layout, or a pattern of platted or subdivided
248lots in an area that makes the area unsuitable for economically
249viable development or use, or a combination thereof, which the
250governing body designates as appropriate for community
251redevelopment.
252     Section 7.  Paragraph (b) of subsection (8) of section
253163.360, Florida Statutes, is amended to read:
254     163.360  Community redevelopment plans.--
255     (8)  If the community redevelopment area consists of an
256area of open land to be acquired by the county or the
257municipality, such area may not be so acquired unless:
258     (b)  In the event the area is to be developed in whole or
259in part for nonresidential uses, the governing body determines
260that:
261     1.  Such nonresidential uses are necessary and appropriate
262to facilitate the proper growth and development of the community
263in accordance with sound planning standards and local community
264objectives.
265     2.  Acquisition may require the exercise of governmental
266action, as provided in this part, because of:
267     a.  Defective, or unusual conditions of, title or diversity
268of ownership which prevents the free alienability of such land;
269     b.  Tax delinquency;
270     c.  Improper or antiquated subdivisions;
271     d.  Outmoded street patterns;
272     e.  Deterioration of site;
273     f.  Economic disuse;
274     g.  Unsuitable topography or faulty lot layouts;
275     h.  Lack of correlation of the area with other areas of a
276county or municipality by streets and modern traffic
277requirements; or
278     i.  Any combination of such factors or other conditions
279which retard development of the area.
280     3.  Conditions of blight in the area contribute to an
281increase in and spread of disease and crime or constitute a
282menace to public health, safety, morals, or welfare.
283     Section 8.  Subsection (12) is added to section 166.411,
284Florida Statutes, to read:
285     166.411  Eminent domain; uses or purposes.--Municipalities
286are authorized to exercise the power of eminent domain for the
287following uses or purposes:
288     (12)  The consolidation of platted or subdivided lots to
289allow replatting and reassembly for more appropriate development
290consistent with the public policies of the jurisdiction or for
291public use.
292     Section 9.  Section 177.011, Florida Statutes, is amended
293to read:
294     177.011  Purpose and scope of part I.--This part shall be
295deemed to establish consistent minimum requirements, and to
296create such additional powers in local governing bodies, as
297herein provided to regulate and control the platting,
298replatting, and reassembly of lands. The public health, safety,
299comfort, economy, order, appearance, convenience, morals, and
300general welfare require the harmonious, orderly, and progressive
301development of land within this state and its counties and
302incorporated municipalities. In furtherance of this general
303purpose, counties and incorporated municipalities, individually
304or in combination, may adopt, amend, or revise and enforce
305measures relating to platting and land assembly or adjustment.
306     (1)  The regulation of platting and land assembly or
307adjustment is intended to:
308     (a)  Aid in the coordination of land development in
309counties and municipalities in accordance with orderly physical
310patterns.
311     (b)  Discourage haphazard, premature, uneconomic, or
312scattered land development.
313     (c)  Encourage development of economically stable and
314healthful communities.
315     (d)  Ensure adequate utilities provision to all lands being
316developed.
317     (e)  Serve as one of the several instruments of the local
318comprehensive plan authorized by s. 163.3161.
319     (2)  This part establishes minimum requirements and does
320not exclude additional provisions or regulations by local
321ordinance, laws, or regulations.
322     Section 10.  Subsection (23) is added to section 177.031,
323Florida Statutes, to read:
324     177.031  Definitions.--As used in this part:
325     (23)  "Land assembly or adjustment" means the consolidation
326of contiguous and noncontiguous platted or subdivided lots and
327the vacation or deplatting of all or a portion of such lots to
328allow replatting and reassembly for more appropriate development
329or use.
330     Section 11.  Section 177.091, Florida Statutes, is amended
331to read:
332     177.091  Plats made for recording.--Every approved plat of
333a subdivision shall be recorded in the public records of each
334county in which the property is situated and offered for
335recording shall conform to the following:
336     (1)  It must be:
337     (a)  An original drawing made with black permanent drawing
338ink; or
339     (b)  A nonadhered scaled print on a stable base film made
340by photographic processes from a film scribing tested for
341residual hypo testing solution to assure permanency.
342
343Marginal lines, standard certificates and approval forms shall
344be printed on the plat with a permanent black drawing ink. A
345print or photographic copy of the original drawing must be
346submitted with the original drawing.
347     (2)  The size of each sheet shall be determined by the
348local governing body and shall be drawn with a marginal line, or
349printed when permitted by local ordinance, completely around
350each sheet and placed so as to leave at least a 1/2-inch margin
351on each of three sides and a 3-inch margin on the left side of
352the plat for binding purposes.
353     (3)  When more than one sheet must be used to accurately
354portray the lands subdivided, an index or key map must be
355included and each sheet must show the particular number of that
356sheet and the total number of sheets included, as well as
357clearly labeled matchlines to show where other sheets match or
358adjoin.
359     (4)  In all cases, the letter size and scale used shall be
360of sufficient size to show all detail. The scale shall be both
361stated and graphically illustrated by a graphic scale drawn on
362every sheet showing any portion of the lands subdivided.
363     (5)  The name of the plat shall be shown in bold legible
364letters, as stated in s. 177.051. The name of the subdivision
365shall be shown on each sheet included. The name of the
366professional surveyor and mapper or legal entity, along with the
367street and mailing address, must be shown on each sheet
368included.
369     (6)  A prominent "north arrow" shall be drawn on every
370sheet included showing any portion of the lands subdivided. The
371bearing or azimuth reference shall be clearly stated on the face
372of the plat in the notes or legend, and, in all cases, the
373bearings used shall be referenced to some well established and
374monumented line.
375     (7)  Permanent reference monuments must be placed at each
376corner or change in direction on the boundary of the lands being
377platted and may not be more than 1,400 feet apart. Where such
378corners are in an inaccessible place, "P.R.M.s" shall be set on
379a nearby offset within the boundary of the plat and such offset
380shall be so noted on the plat. Where corners are found to
381coincide with a previously set "P.R.M.," the Florida
382registration number of the professional surveyor and mapper in
383responsible charge or the certificate of authorization number of
384the legal entity on the previously set "P.R.M." shall be shown
385on the new plat or, if unnumbered, shall so state. Permanent
386reference monuments shall be set before the recording of the
387plat. The "P.R.M.s" shall be shown on the plat by an appropriate
388symbol or designation.
389     (8)  Permanent control points shall be set on the
390centerline of the right-of-way at the intersection and terminus
391of all streets, at each change of direction, and no more than
3921,000 feet apart. Such "P.C.P.s" shall be shown on the plat by
393an appropriate symbol or designation. In those counties or
394municipalities that do not require subdivision improvements and
395do not accept bonds or escrow accounts to construct
396improvements, "P.C.P.s" may be set prior to the recording of the
397plat and must be set within 1 year of the date the plat was
398recorded. In the counties or municipalities that require
399subdivision improvements and have the means of insuring the
400construction of said improvements, such as bonding requirements,
401"P.C.P.s" must be set prior to the expiration of the bond or
402other surety. If the professional surveyor and mapper or legal
403entity of record is no longer in practice or is not available
404due to relocation, or when the contractual relationship between
405the subdivider and professional surveyor and mapper or legal
406entity has been terminated, the subdivider shall contract with a
407professional surveyor and mapper or legal entity in good
408standing to place the "P.C.P.s" within the time allotted.
409     (9)  Monuments shall be set at all lot corners, points of
410intersection, and changes of direction of lines within the
411subdivision which do not require a "P.R.M." or a "P.C.P.";
412however, a monument need not be set if a monument already exists
413at such corner, point, or change of direction or when a monument
414cannot be set due to a physical obstruction. In those counties
415or municipalities that do not require subdivision improvements
416and do not accept bonds or escrow accounts to construct
417improvements, monuments may be set prior to the recording of the
418plat and must be set at the lot corners before the transfer of
419the lot. In those counties or municipalities that require
420subdivision improvements and have the means of ensuring the
421construction of those improvements, such as bonding
422requirements, monuments shall be set prior to the expiration of
423the bond or other surety. If the professional surveyor and
424mapper or legal entity of record is no longer in practice or is
425not available due to relocation, or when the contractual
426relationship between the subdivider and professional surveyor
427and mapper or legal entity has been terminated, the subdivider
428shall contract with a professional surveyor and mapper or legal
429entity in good standing who shall be allowed to place the
430monuments within the time allotted.
431     (10)  The section, township, and range shall appear
432immediately under the name of the plat on each sheet included,
433along with the name of the city, town, village, county, and
434state in which the land being platted is situated.
435     (11)  Each plat shall show a description of the lands
436subdivided, and the description shall be the same in the title
437certification. The description must be so complete that from it,
438without reference to the plat, the starting point and boundary
439can be determined.
440     (12)  The dedications and approvals required by ss. 177.071
441and 177.081 must be shown.
442     (13)  The circuit court clerk's certificate and the
443professional surveyor and mapper's seal and statement required
444by s. 177.061 shall be shown.
445     (14)  All section lines and quarter section lines occurring
446within the subdivision shall be indicated by lines drawn upon
447the map or plat, with appropriate words and figures. If the
448description is by metes and bounds, all information called for,
449such as the point of commencement, course bearings and
450distances, and the point of beginning, shall be indicated. If
451the platted lands are in a land grant or are not included in the
452subdivision of government surveys, then the boundaries are to be
453defined by metes and bounds and courses.
454     (15)  Location, width, and names of all streets, waterways,
455or other rights-of-way shall be shown, as applicable.
456     (16)  Location and width of proposed easements and existing
457easements identified in the title opinion or certification
458required by s. 177.041(2) shall be shown on the plat or in the
459notes or legend, and their intended use shall be clearly stated.
460Where easements are not coincident with property lines, they
461must be labeled with bearings and distances and tied to the
462principal lot, tract, or right-of-way.
463     (17)  All contiguous properties shall be identified by
464subdivision title, plat book, and page, or, if unplatted, land
465shall be so designated. If the subdivision platted is a part or
466the whole of a previously recorded subdivision, sufficient ties
467shall be shown to controlling lines appearing on the earlier
468plat to permit an overlay to be made; the fact of its being a
469replat shall be stated as a subtitle under the name of the plat
470on each sheet included. The subtitle must state the name of the
471subdivision being replatted and the appropriate recording
472reference.
473     (18)  All lots shall be numbered either by progressive
474numbers or, if in blocks, progressively numbered in each block,
475and the blocks progressively numbered or lettered, except that
476blocks in numbered additions bearing the same name may be
477numbered consecutively throughout the several additions.
478     (19)  Sufficient survey data shall be shown to positively
479describe the bounds of every lot, block, street easement, and
480all other areas shown on the plat. When any lot or portion of
481the subdivision is bounded by an irregular line, the major
482portion of that lot or subdivision shall be enclosed by a
483witness line showing complete data, with distances along all
484lines extended beyond the enclosure to the irregular boundary
485shown with as much certainty as can be determined or as "more or
486less," if variable. Lot, block, street, and all other dimensions
487except to irregular boundaries, shall be shown to a minimum of
488hundredths of feet. All measurements shall refer to horizontal
489plane and in accordance with the definition of the U.S. Survey
490foot or meter adopted by the National Institute of Standards and
491Technology. All measurements shall use the 39.37/12=3.28083333333
492equation for conversion from a U.S. foot to meters.
493     (20)  Curvilinear lot lines shall show the radii, arc
494distances, and central angles. Radial lines will be so
495designated. Direction of nonradial lines shall be indicated.
496     (21)  Sufficient angles, bearings, or azimuth to show
497direction of all lines shall be shown, and all bearings, angles,
498or azimuth shall be shown to the nearest second of arc.
499     (22)  The centerlines of all streets shall be shown as
500follows: noncurved lines: distances together with either angles,
501bearings, or azimuths; curved lines: arc distances, central
502angles, and radii, together with chord and chord bearing or
503azimuths.
504     (23)  Park and recreation parcels as applicable shall be so
505designated.
506     (24)  All interior excepted parcels as described in the
507description of the lands being subdivided shall be clearly
508indicated and labeled "Not a part of this plat."
509     (25)  The purpose of all areas dedicated must be clearly
510indicated or stated on the plat.
511     (26)  When it is not possible to show line or curve data
512information on the map, a tabular form may be used. The tabular
513data must appear on the sheet to which it applies.
514     (27)  The plat shall include in a prominent place the
515following statements: "NOTICE: This plat, as recorded in its
516graphic form, is the official depiction of the subdivided lands
517described herein and will in no circumstances be supplanted in
518authority by any other graphic or digital form of the plat.
519There may be additional restrictions that are not recorded on
520this plat that may be found in the public records of this
521county."
522     (28)  All platted utility easements shall provide that such
523easements shall also be easements for the construction,
524installation, maintenance, and operation of cable television
525services; provided, however, no such construction, installation,
526maintenance, and operation of cable television services shall
527interfere with the facilities and services of an electric,
528telephone, gas, or other public utility. In the event a cable
529television company damages the facilities of a public utility,
530it shall be solely responsible for the damages. This section
531shall not apply to those private easements granted to or
532obtained by a particular electric, telephone, gas, or other
533public utility. Such construction, installation, maintenance,
534and operation shall comply with the National Electrical Safety
535Code as adopted by the Florida Public Service Commission.
536     (29)  A legend of all symbols and abbreviations shall be
537shown.
538     Section 12.  Section 177.101, Florida Statutes, is amended
539to read:
540     177.101  Assembly, replat, vacation, and annulment of plats
541subdividing land.--
542     (1)  Whenever it is discovered, after the plat has been
543recorded in the public records, that the developer has
544previously caused the lands embraced in the second plat to be
545differently subdivided under and by virtue of another plat of
546the same identical lands, and the first plat was also filed of
547public record at an earlier date, and no conveyances of lots by
548reference to the first plat so filed appears of record in such
549county, the governing body of the county is authorized and
550directed to and shall, by resolution, vacate and annul the first
551plat of such lands appearing of record upon the application of
552the developer of such lands under the first plat or upon
553application of the owners of all the lots shown and designated
554upon the second and subsequent plat of such lands, and the
555circuit court clerk of the county shall thereupon make proper
556notation of the annulment of such plat upon the face of such
557annulled plat.
558     (2)  Whenever it is discovered that after the filing of a
559plat subdividing a parcel of land located in the county, the
560developer of the lands therein and thereby subdivided did cause
561such lands embraced in said plat, or a part thereof, to be again
562and subsequently differently subdivided under another plat of
563the same and identical lands or a part thereof, which said
564second plat was also filed at a later date; and it is further
565made to appear to the governing body of the county that the
566filing and recording of the second plat would not materially
567affect the right of convenient access to lots previously
568conveyed under the first plat, the governing body of the county
569is authorized by resolution to vacate and annul so much of the
570first plat of such lands appearing of record as are included in
571the second plat, upon application of the owners and developer of
572such lands under the first plat or their successors, grantees,
573or assignees, and the circuit court clerk of the county shall
574thereupon make proper notation of the action of the governing
575body upon the face of the first plat. The approval of a replat
576by the governing body of a local government, which encompasses
577lands embraced in all or part of a prior plat filed of public
578record shall, upon recordation of the replat, automatically and
579simultaneously vacate and annul all of the prior plat
580encompassed by the replat.
581     (3)  The governing bodies of the counties of the state may
582adopt resolutions vacating plats in whole or in part of
583subdivisions in said counties, returning the property covered by
584such plats either in whole or in part into acreage. Before such
585resolution of vacating any plat either in whole or in part shall
586be entered by the governing body of a county, it must be shown
587that the persons making application for said vacation own the
588fee simple title to the whole or that part of the tract covered
589by the plat sought to be vacated, and it must be further shown
590that the vacation by the governing body of the county will not
591affect the ownership or right of convenient access of persons
592owning other parts of the subdivision.
593     (4)  Persons making application for vacations of plats
594either in whole or in part shall give notice of their intention
595to apply to the governing body of the county to vacate said plat
596by publishing legal notice in a newspaper of general circulation
597in the county in which the tract or parcel of land is located,
598in not less than two weekly issues of said paper, and must
599attach to the petition for vacation the proof of such
600publication, together with certificates showing that all state
601and county taxes have been paid. For the purpose of the tax
602collector's certification that state, county, and municipal
603taxes have been paid, the taxes shall be deemed to have been
604paid if, in addition to any partial payment under s. 194.171,
605the owner of the platted lands sought to be vacated shall post a
606cash bond, approved by the tax collector of the county where the
607land is located and by the Department of Revenue, conditioned to
608pay the full amount of any judgment entered pursuant to s.
609194.192 adverse to the person making partial payment, including
610all costs, interest, and penalties. The circuit court shall fix
611the amount of said bond by order, after considering the
612reasonable timeframe for such litigation and all other relevant
613factors; and a certified copy of such approval, order, and cash
614bond shall be attached to the application. If such tract or
615parcel of land is within the corporate limits of any
616incorporated city or town, the governing body of the county
617shall be furnished with a certified copy of a resolution of the
618town council or city commission, as the case may be, showing
619that it has already by suitable resolution vacated such plat or
620subdivision or such part thereof sought to be vacated.
621     (5)  Every such resolution by the governing body shall have
622the effect of vacating all streets and alleys which have not
623become highways necessary for use by the traveling public. Such
624vacation shall not become effective until a certified copy of
625such resolution has been filed in the offices of the circuit
626court clerk and duly recorded in the public records of said
627county.
628     (6)  All resolutions vacating plats by the governing body
629of a county prior to September 1, 1971, are hereby validated,
630ratified, and confirmed. Such resolutions shall have the same
631effect as if the plat had been vacated after September 1, 1971.
632     (7)(a)  The governing body of a county may order the
633assembly or adjustment of all or part of a subdivision within
634its jurisdiction to the provisions and objectives of the revised
635local comprehensive plan. It may order the assembly, replatting,
636or vacation of the acreage of the existing plat on any portion
637of the subdivision, including the vacation of streets, except
638any roads on the State Highway System, or other parcels of land
639dedicated for public purposes or any of such streets or other
640parcels, when:
641     1.  The plat of the subdivision was recorded as provided by
642law, or approved pursuant to law but not recorded, not less than
64325 years before the date of such action.
644     2.  In the subdivision or a portion of the subdivision, not
645more than 20 percent of the total subdivision area has been
646built into the uses of the subdivision's zoned or land use
647purposes.
648     (b)  Any persons or entities, other than the local
649governing body, pursuing reassembly of a parcel pursuant to this
650section must demonstrate that the persons or entities making
651application for such vacation own the fee simple title to at
652least 60 percent of the subdivision or portion of the tract
653covered by the plat sought to be vacated and must demonstrate
654that the vacation will not affect the ownership or right of
655convenient access of persons owning other parts of the
656subdivision.
657     (c)  Such action shall be based on a finding by the
658governing body that the proposed assembly or adjustment, or
659vacation and reversion to acreage of subdivided land, conforms
660to the comprehensive plan of the area and that the public
661health, safety, economy, comfort, order, convenience, and
662welfare will be promoted.
663     Section 13.  Section 177.111, Florida Statutes, is amended
664to read:
665     177.111  Instructions for filing plat.--After the approval
666by the appropriate governing body required by s. 177.071, the
667plat shall be submitted to recorded by the circuit court clerk
668or other recording officer for recording in the public records
669of the county upon submission thereto of such approved plat. The
670circuit court clerk or other recording officer shall maintain in
671his or her office a book of the proper size for such papers so
672that they shall not be folded, to be kept in the vault. A print
673or photographic copy must be filed in a similar book and kept in
674his or her office for the use of the public. The clerk shall
675make available to the public a full size copy of the record plat
676at a reasonable fee.
677     Section 14.  Section 290.003, Florida Statutes, is amended
678to read:
679     290.003  Policy and purpose.--It is the policy of this
680state to provide the necessary means to assist local
681communities, their residents, and the private sector in creating
682the proper economic and social environment to induce the
683investment of private resources in productive business
684enterprises located in severely distressed areas and to provide
685jobs for residents of such areas. In achieving this objective,
686the state will seek to provide appropriate investments, tax
687benefits, and regulatory relief of sufficient importance to
688encourage the business community to commit its financial
689participation. The purpose of ss. 290.001-290.016 is to
690establish a process that clearly identifies such severely
691distressed areas and provides incentives by both the state and
692local government to induce private investment in such areas. The
693Legislature, therefore, declares the revitalization of
694enterprise zones and antiquated subdivisions, through the
695concerted efforts of government and the private sector, to be a
696public purpose.
697     Section 15.  Subsection (4) of section 290.0058, Florida
698Statutes, is amended to read:
699     290.0058  Determination of pervasive poverty, unemployment,
700and general distress.--
701     (4)  General distress shall be evidenced by describing
702adverse conditions within the nominated area, including
703antiquated subdivisions, other than those of pervasive poverty
704and unemployment. A high incidence of crime, abandoned
705structures, and deteriorated infrastructure; or substantial
706population change; a high percentage of tax delinquent parcels;
707or inappropriate lot sizes to ensure a balance of land uses
708decline are examples of appropriate indicators of general
709distress.
710     Section 16.  Subsection (8) of section 380.031, Florida
711Statutes, is amended, and subsections (21) and (22) are added to
712said section, to read:
713     380.031  Definitions.--As used in this chapter:
714     (8)  "Land development regulations" include local zoning,
715subdivision, assembly, reassembly, or adjustment of platted or
716subdivided lands, building, and other regulations controlling
717the development of land.
718     (21)  "Land assembly or adjustment" means the consolidation
719of contiguous and noncontiguous platted or subdivided lots and
720the vacation or deplatting of all or a portion of these lots to
721allow replatting and reassembly for more appropriate development
722or use.
723     (22)  "Antiquated subdivisions" means subdivisions or large
724numbers of lots within platted and unplatted subdivisions that
725were recorded prior to 1980 in which the continued buildout of
726the subdivision would provide an imbalance of land uses and
727would be detrimental to the local and regional economies and
728environment, hinder current planning practices, and lead to
729inefficient development patterns.
730     Section 17.  This act shall take effect upon becoming a
731law.


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