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