Senate Bill sb2548

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2004                                  SB 2548

    By Senator Bennett





    21-849A-04                                         See HB 1513

  1                      A bill to be entitled

  2         An act relating to regulating the consolidation

  3         and recordation of lands; providing for

  4         assembly and readjustment of certain land

  5         plats; revising provisions relating to

  6         recording land plats; amending ss. 95.191 and

  7         95.192, F.S.; limiting actions to recover

  8         certain property after a tax deed has been

  9         issued; amending s. 125.01, F.S.; revising

10         certain powers of county governments to

11         regulate lands; amending s. 127.01, F.S.;

12         specifying consolidation of certain property

13         for certain purposes as a county purpose;

14         amending s. 163.3164, F.S.; revising the

15         definition of the term "land development

16         regulations" and defining the term "land

17         assembly or adjustment"; amending s. 163.3177,

18         F.S.; revising requirements of future land use

19         plan elements of a required comprehensive plan

20         to address antiquated subdivisions and

21         consolidation of certain properties for certain

22         purposes; amending s. 163.3202, F.S.; revising

23         certain land development regulation

24         requirements to address consolidation of

25         certain properties for certain purposes;

26         amending s. 163.340, F.S.; revising certain

27         definitions to include consolidation of certain

28         properties and antiquated subdivisions;

29         amending s. 163.360, F.S.; including antiquated

30         subdivisions under certain community

31         redevelopment plan requirements; amending s.

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1         166.411, F.S.; including consolidation of

 2         certain properties for certain purposes under

 3         municipal powers of eminent domain; amending s.

 4         177.011, F.S.; providing additional purposes

 5         and scope relating to platting, replatting, and

 6         reassembly of lands; providing intent relating

 7         to regulation of land platting and land

 8         assembly or adjustment; amending s. 177.031,

 9         F.S.; revising the definition of the term

10         "subdivision" and defining the term "land

11         assembly or adjustment"; amending s. 177.091,

12         F.S.; requiring recordation of approved

13         subdivision plats in certain public records;

14         amending s. 177.101, F.S.; authorizing local

15         governing bodies to order the assembly or

16         adjustment of all or portions of subdivisions

17         for certain purposes; providing criteria and

18         requirements; amending s. 177.111, F.S.;

19         requiring submittal of certain approved plats

20         to certain entities; amending s. 290.003, F.S.;

21         declaring the revitalization of antiquated

22         subdivisions to be a public purpose; amending

23         s. 290.0058, F.S.; revising provisions for

24         determining general distress of certain areas

25         to include antiquated subdivisions and other

26         criteria; amending s. 380.031, F.S.; revising

27         the definition of the term "land development

28         regulations" and defining the terms "antiquated

29         subdivisions" and "land assembly or

30         adjustment"; amending ss. 695.01 and 696.01,

31         F.S.; requiring recordation in certain public

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1         records of actions relating to real property or

 2         interests in real property; requiring

 3         attachment of certain plats or surveys to

 4         certain instruments; amending s. 697.01, F.S.;

 5         including contracts or agreements for deed in a

 6         provision relating to deeming certain

 7         instruments as mortgages; specifying

 8         application of certain recordation

 9         requirements; providing an effective date.

10  

11         WHEREAS, antiquated subdivisions or large volumes of

12  vacant lots within platted and unplatted subdivisions are

13  detrimental to the local and regional economies and

14  environment, hinder appropriate planning, and lead to

15  inefficient development patterns, and

16         WHEREAS, large-scale land reassembly of subdivided lots

17  is expensive to both the property owner and the local

18  governing body and is administratively complicated and time

19  consuming, and

20         WHEREAS, local governments could foster the reassembly

21  of subdivided lots into parcels that would incorporate current

22  planning practices for efficient development, NOW, THEREFORE,

23  

24  Be It Enacted by the Legislature of the State of Florida:

25  

26         Section 1.  Section 95.191, Florida Statutes, is

27  amended to read:

28         95.191  Limitations when tax deed holder in

29  possession.--

30         (1)  When the holder of a tax deed, other than a

31  county, goes into actual possession of the real property

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  described in the tax deed, no action to recover possession of

 2  the property may shall be maintained by a former owner or

 3  other adverse claimant unless the action commenced is begun

 4  within 4 years after the holder of the tax deed has gone into

 5  actual possession. When the real property is adversely

 6  possessed by any person, no action may shall be brought by the

 7  tax deed holder unless the action is begun within 4 years

 8  after from the date of the deed.

 9         (2)  No action may be brought by the former owner of

10  the property or any claimant under the former owner after a

11  tax deed has been issued for such property to:

12         (a)  Any person, other than a county, in accordance

13  with s. 197.552 for a period of 4 years or more; or

14         (b)  The county in accordance with s. 197.502(8) or s.

15  197.552 for a period of 1 year or more.

16         Section 2.  Subsection (1) of section 95.192, Florida

17  Statutes, is amended to read:

18         95.192  Limitation upon acting against tax deeds.--

19         (1)  When a tax deed has been issued to any person,

20  other than a county, under s. 197.552 for 4 years or more, no

21  action may shall be brought by the former owner of the

22  property or any claimant under the former owner. No action may

23  be brought by the former owner of the property or any claimant

24  under the former owner after a tax deed for such property has

25  been issued to the county under s. 197.502(8) or s. 197.552

26  for a period of 1 year or more.

27         Section 3.  Paragraphs (g), (h), and (j) of subsection

28  (1) of section 125.01, Florida Statutes, are amended to read:

29         125.01  Powers and duties.--

30         (1)  The legislative and governing body of a county

31  shall have the power to carry on county government. To the

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  extent not inconsistent with general or special law, this

 2  power includes, but is not restricted to, the power to:

 3         (g)  Prepare and enforce comprehensive plans for the

 4  development of the county and the regulation of platted lands

 5  development, including platting, deplatting, and reassembly.

 6         (h)  Establish, coordinate, and enforce zoning and such

 7  business regulations as are necessary for the protection of

 8  the community and environmental welfare public.

 9         (j)  Establish and administer programs of housing, slum

10  clearance, community redevelopment, conservation, flood and

11  beach erosion control, air pollution control, platted lands

12  assembly or adjustment, and navigation and drainage and

13  cooperate with governmental agencies and private enterprises

14  in the development and operation of such programs.

15         Section 4.  Subsection (3) is added to section 127.01,

16  Florida Statutes, to read:

17         127.01  Counties delegated power of eminent domain;

18  recreational purposes, issue of necessity of taking.--

19         (3)  The consolidation of platted or subdivided lots to

20  allow replatting for more appropriate development or use shall

21  be considered a county purpose.

22         Section 5.  Subsection (23) of section 163.3164,

23  Florida Statutes, is amended, and subsection (32) is added to

24  that section, to read:

25         163.3164  Local Government Comprehensive Planning and

26  Land Development Regulation Act; definitions.--As used in this

27  act:

28         (23)  "Land development regulations" means ordinances

29  enacted by governing bodies for the regulation of any aspect

30  of development and includes any local government zoning,

31  rezoning, subdivision, land assembly or adjustment of platted

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  or subdivided lands, building construction, or sign

 2  regulations or any other regulations controlling the

 3  development of land, except that this definition shall not

 4  apply in s. 163.3213.

 5         (32)  "Land assembly or adjustment" means the

 6  consolidation of contiguous and noncontiguous platted or

 7  subdivided lots and the vacation or deplatting of all or a

 8  portion of such lots to allow replatting and reassembly for

 9  more appropriate development or use.

10         Section 6.  Paragraph (a) of subsection (6) of section

11  163.3177, Florida Statutes, is amended to read:

12         163.3177  Required and optional elements of

13  comprehensive plan; studies and surveys.--

14         (6)  In addition to the requirements of subsections

15  (1)-(5), the comprehensive plan shall include the following

16  elements:

17         (a)  A future land use plan element designating

18  proposed future general distribution, location, and extent of

19  the uses of land for residential uses, commercial uses,

20  industry, agriculture, recreation, conservation, education,

21  public buildings and grounds, other public facilities, and

22  other categories of the public and private uses of land. Each

23  future land use category must be defined in terms of uses

24  included, and must include standards to be followed in the

25  control and distribution of population densities and building

26  and structure intensities. The proposed distribution,

27  location, and extent of the various categories of land use

28  shall be shown on a land use map or map series which shall be

29  supplemented by goals, policies, and measurable objectives.

30  The future land use plan shall be based upon surveys, studies,

31  and data regarding the area, including the amount of land

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  required to accommodate anticipated growth; the projected

 2  population of the area; the character of undeveloped land,

 3  including an analysis of antiquated subdivisions; the

 4  availability of public services; the need for redevelopment

 5  and land reassembly, including the renewal of blighted areas

 6  and the elimination of nonconforming uses which are

 7  inconsistent with the character of the community; and, in

 8  rural communities, the need for job creation, capital

 9  investment, and economic development that will strengthen and

10  diversify the community's economy. The future land use plan

11  may designate areas for future planned development use

12  involving combinations of types of uses for which special

13  regulations may be necessary to ensure development in accord

14  with the principles and standards of the comprehensive plan

15  and this act. The future land use plan shall contain

16  provisions to address antiquated subdivisions that are

17  underused to minimize the imbalance of single land use

18  buildout, lack of public services, and environmental and water

19  quality impacts. In addition, for rural communities, the

20  amount of land designated for future planned industrial use

21  shall be based upon surveys and studies that reflect the need

22  for job creation, capital investment, and the necessity to

23  strengthen and diversify the local economies, and shall not be

24  limited solely by the projected population of the rural

25  community. The future land use plan of a county may also

26  designate areas for possible future municipal incorporation.

27  The future land use plan element shall identify any area where

28  the local government seeks to consolidate platted or

29  subdivided lots and the vacation of all or a portion of such

30  lots to allow appropriate development, redevelopment,

31  reassembly, or any other use. The land use maps or map series

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  shall generally identify and depict historic district

 2  boundaries and shall designate historically significant

 3  properties meriting protection. The future land use element

 4  must clearly identify the land use categories in which public

 5  schools are an allowable use. When delineating the land use

 6  categories in which public schools are an allowable use, a

 7  local government shall include in the categories sufficient

 8  land proximate to residential development to meet the

 9  projected needs for schools in coordination with public school

10  boards and may establish differing criteria for schools of

11  different type or size. Each local government shall include

12  lands contiguous to existing school sites, to the maximum

13  extent possible, within the land use categories in which

14  public schools are an allowable use. All comprehensive plans

15  must comply with the school siting requirements of this

16  paragraph no later than October 1, 1999. The failure by a

17  local government to comply with these school siting

18  requirements by October 1, 1999, will result in the

19  prohibition of the local government's ability to amend the

20  local comprehensive plan, except for plan amendments described

21  in s. 163.3187(1)(b), until the school siting requirements are

22  met. Amendments proposed by a local government for purposes of

23  identifying the land use categories in which public schools

24  are an allowable use or for adopting or amending the

25  school-siting maps pursuant to s. 163.31776(3) are exempt from

26  the limitation on the frequency of plan amendments contained

27  in s. 163.3187. The future land use element shall include

28  criteria that encourage the location of schools proximate to

29  urban residential areas to the extent possible and shall

30  require that the local government seek to collocate public

31  facilities, such as parks, libraries, and community centers,

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  with schools to the extent possible and to encourage the use

 2  of elementary schools as focal points for neighborhoods. For

 3  schools serving predominantly rural counties, defined as a

 4  county with a population of 100,000 or fewer, an agricultural

 5  land use category shall be eligible for the location of public

 6  school facilities if the local comprehensive plan contains

 7  school siting criteria and the location is consistent with

 8  such criteria.

 9         Section 7.  Paragraph (a) of subsection (2) and

10  subsection (3) of section 163.3202, Florida Statutes, are

11  amended to read:

12         163.3202  Land development regulations.--

13         (2)  Local land development regulations shall contain

14  specific and detailed provisions necessary or desirable to

15  implement the adopted comprehensive plan and shall as a

16  minimum:

17         (a)  Regulate the subdivision, assembly, reassembly, or

18  adjustment of land, as defined in ss. 163.3164(32) and

19  177.101;

20         (3)  This section shall be construed to encourage the

21  use of innovative land development regulations which include

22  provisions such as transfer of development rights, incentive

23  and inclusionary zoning, planned-unit development, impact

24  fees, and performance zoning, and land assembly, reassembly,

25  or adjustment, as described in chapter 177. These and all

26  other such regulations shall be combined and compiled into a

27  single land development code for the jurisdiction. A general

28  zoning code shall not be required if a local government's

29  adopted land development regulations meet the requirements of

30  this section.

31  

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1         Section 8.  Subsections (9) and (10) of section

 2  163.340, Florida Statutes, are amended to read:

 3         163.340  Definitions.--The following terms, wherever

 4  used or referred to in this part, have the following meanings:

 5         (9)  "Community redevelopment" or "redevelopment" means

 6  undertakings, activities, or projects of a county,

 7  municipality, or community redevelopment agency in a community

 8  redevelopment area for the elimination and prevention of the

 9  development or spread of slums and blight, or for the

10  reduction or prevention of crime, or for the provision of

11  affordable housing, whether for rent or for sale, to residents

12  of low or moderate income, including the elderly, and may

13  include slum clearance and redevelopment in a community

14  redevelopment area or rehabilitation and revitalization of

15  coastal resort and tourist areas that are deteriorating and

16  economically distressed, or rehabilitation or conservation in

17  a community redevelopment area, or the reassembly, platting,

18  or replatting of lands, or any combination or part thereof, in

19  accordance with a community redevelopment plan and may include

20  the preparation of such a plan.

21         (10)  "Community redevelopment area" means a slum area,

22  a blighted area, or an area in which there is a shortage of

23  housing that is affordable to residents of low or moderate

24  income, including the elderly, an antiquated subdivision, or a

25  coastal and tourist area that is deteriorating and

26  economically distressed due to outdated building density

27  patterns, inadequate transportation and parking facilities,

28  faulty lot layout or inadequate street layout, or a pattern of

29  platted or subdivided lots in an area that makes the area

30  unsuitable for economically viable development or use, or a

31  

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  combination thereof, which the governing body designates as

 2  appropriate for community redevelopment.

 3         Section 9.  Paragraph (b) of subsection (8) of section

 4  163.360, Florida Statutes, is amended to read:

 5         163.360  Community redevelopment plans.--

 6         (8)  If the community redevelopment area consists of an

 7  area of open land to be acquired by the county or the

 8  municipality, such area may not be so acquired unless:

 9         (b)  In the event the area is to be developed in whole

10  or in part for nonresidential uses, the governing body

11  determines that:

12         1.  Such nonresidential uses are necessary and

13  appropriate to facilitate the proper growth and development of

14  the community in accordance with sound planning standards and

15  local community objectives.

16         2.  Acquisition may require the exercise of

17  governmental action, as provided in this part, because of:

18         a.  Defective, or unusual conditions of, title or

19  diversity of ownership which prevents the free alienability of

20  such land;

21         b.  Tax delinquency;

22         c.  Improper or antiquated subdivisions;

23         d.  Outmoded street patterns;

24         e.  Deterioration of site;

25         f.  Economic disuse;

26         g.  Unsuitable topography or faulty lot layouts;

27         h.  Lack of correlation of the area with other areas of

28  a county or municipality by streets and modern traffic

29  requirements; or

30         i.  Any combination of such factors or other conditions

31  which retard development of the area.

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1         3.  Conditions of blight in the area contribute to an

 2  increase in and spread of disease and crime or constitute a

 3  menace to public health, safety, morals, or welfare.

 4         Section 10.  Subsection (12) is added to section

 5  166.411, Florida Statutes, to read:

 6         166.411  Eminent domain; uses or

 7  purposes.--Municipalities are authorized to exercise the power

 8  of eminent domain for the following uses or purposes:

 9         (12)  The consolidation of platted or subdivided lots

10  to allow replatting and reassembly for more appropriate

11  development or use.

12         Section 11.  Section 177.011, Florida Statutes, is

13  amended to read:

14         177.011  Purpose and scope of part I.--This part shall

15  be deemed to establish consistent minimum requirements, and to

16  create such additional powers in local governing bodies, as

17  herein provided to regulate and control the platting,

18  replatting, and reassembly of lands. The public health,

19  safety, comfort, economy, order, appearance, convenience,

20  morals, and general welfare require the harmonious, orderly,

21  and progressive development of land within this state and its

22  counties and incorporated municipalities. In furtherance of

23  this general purpose, counties and incorporated

24  municipalities, individually or in combination, may adopt,

25  amend, or revise and enforce measures relating to platting and

26  land assembly or adjustment.

27         (1)  The regulation of platting and land assembly or

28  adjustment is intended to:

29         (a)  Aid in the coordination of land development in

30  counties and municipalities in accordance with orderly

31  physical patterns.

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1         (b)  Discourage haphazard, premature, uneconomic, or

 2  scattered land development.

 3         (c)  Encourage development of economically stable and

 4  healthful communities.

 5         (d)  Ensure adequate utilities provision to all lands

 6  being developed.

 7         (e)  Serve as one of the several instruments of the

 8  local comprehensive plan authorized by s. 163.3161.

 9         (2)  This part establishes minimum requirements and

10  does not exclude additional provisions or regulations by local

11  ordinance, laws, or regulations.

12         Section 12.  Subsection (18) of section 177.031,

13  Florida Statutes, is amended, and subsection (23) is added to

14  that section, to read:

15         177.031  Definitions.--As used in this part:

16         (18)  "Subdivision" means the division of land into two

17  three or more lots, parcels, tracts, tiers, blocks, sites,

18  units, or any other division of land; and includes

19  establishment of new streets and alleys, additions, and

20  resubdivisions; and, when appropriate to the context, relates

21  to the process of subdividing or to the lands or area

22  subdivided.

23         (23)  "Land assembly or adjustment" means the

24  consolidation of contiguous and noncontiguous platted or

25  subdivided lots and the vacation or deplatting of all or a

26  portion of such lots to allow replatting and reassembly for

27  more appropriate development or use.

28         Section 13.  Section 177.091, Florida Statutes, is

29  amended to read:

30         177.091  Plats made for recording.--Every approved plat

31  of a subdivision shall be recorded in the public records of

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  each county in which the property is situated and offered for

 2  recording shall conform to the following:

 3         (1)  It must be:

 4         (a)  An original drawing made with black permanent

 5  drawing ink; or

 6         (b)  A nonadhered scaled print on a stable base film

 7  made by photographic processes from a film scribing tested for

 8  residual hypo testing solution to assure permanency.

 9  

10  Marginal lines, standard certificates and approval forms shall

11  be printed on the plat with a permanent black drawing ink. A

12  print or photographic copy of the original drawing must be

13  submitted with the original drawing.

14         (2)  The size of each sheet shall be determined by the

15  local governing body and shall be drawn with a marginal line,

16  or printed when permitted by local ordinance, completely

17  around each sheet and placed so as to leave at least a

18  1/2-inch margin on each of three sides and a 3-inch margin on

19  the left side of the plat for binding purposes.

20         (3)  When more than one sheet must be used to

21  accurately portray the lands subdivided, an index or key map

22  must be included and each sheet must show the particular

23  number of that sheet and the total number of sheets included,

24  as well as clearly labeled matchlines to show where other

25  sheets match or adjoin.

26         (4)  In all cases, the letter size and scale used shall

27  be of sufficient size to show all detail. The scale shall be

28  both stated and graphically illustrated by a graphic scale

29  drawn on every sheet showing any portion of the lands

30  subdivided.

31  

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1         (5)  The name of the plat shall be shown in bold

 2  legible letters, as stated in s. 177.051. The name of the

 3  subdivision shall be shown on each sheet included. The name of

 4  the professional surveyor and mapper or legal entity, along

 5  with the street and mailing address, must be shown on each

 6  sheet included.

 7         (6)  A prominent "north arrow" shall be drawn on every

 8  sheet included showing any portion of the lands subdivided.

 9  The bearing or azimuth reference shall be clearly stated on

10  the face of the plat in the notes or legend, and, in all

11  cases, the bearings used shall be referenced to some well

12  established and monumented line.

13         (7)  Permanent reference monuments must be placed at

14  each corner or change in direction on the boundary of the

15  lands being platted and may not be more than 1,400 feet apart.

16  Where such corners are in an inaccessible place, "P.R.M.s"

17  shall be set on a nearby offset within the boundary of the

18  plat and such offset shall be so noted on the plat. Where

19  corners are found to coincide with a previously set "P.R.M.,"

20  the Florida registration number of the professional surveyor

21  and mapper in responsible charge or the certificate of

22  authorization number of the legal entity on the previously set

23  "P.R.M." shall be shown on the new plat or, if unnumbered,

24  shall so state. Permanent reference monuments shall be set

25  before the recording of the plat. The "P.R.M.s" shall be shown

26  on the plat by an appropriate symbol or designation.

27         (8)  Permanent control points shall be set on the

28  centerline of the right-of-way at the intersection and

29  terminus of all streets, at each change of direction, and no

30  more than 1,000 feet apart. Such "P.C.P.s" shall be shown on

31  the plat by an appropriate symbol or designation. In those

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  counties or municipalities that do not require subdivision

 2  improvements and do not accept bonds or escrow accounts to

 3  construct improvements, "P.C.P.s" may be set prior to the

 4  recording of the plat and must be set within 1 year of the

 5  date the plat was recorded. In the counties or municipalities

 6  that require subdivision improvements and have the means of

 7  insuring the construction of said improvements, such as

 8  bonding requirements, "P.C.P.s" must be set prior to the

 9  expiration of the bond or other surety. If the professional

10  surveyor and mapper or legal entity of record is no longer in

11  practice or is not available due to relocation, or when the

12  contractual relationship between the subdivider and

13  professional surveyor and mapper or legal entity has been

14  terminated, the subdivider shall contract with a professional

15  surveyor and mapper or legal entity in good standing to place

16  the "P.C.P.s" within the time allotted.

17         (9)  Monuments shall be set at all lot corners, points

18  of intersection, and changes of direction of lines within the

19  subdivision which do not require a "P.R.M." or a "P.C.P.";

20  however, a monument need not be set if a monument already

21  exists at such corner, point, or change of direction or when a

22  monument cannot be set due to a physical obstruction. In those

23  counties or municipalities that do not require subdivision

24  improvements and do not accept bonds or escrow accounts to

25  construct improvements, monuments may be set prior to the

26  recording of the plat and must be set at the lot corners

27  before the transfer of the lot. In those counties or

28  municipalities that require subdivision improvements and have

29  the means of ensuring the construction of those improvements,

30  such as bonding requirements, monuments shall be set prior to

31  the expiration of the bond or other surety. If the

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  professional surveyor and mapper or legal entity of record is

 2  no longer in practice or is not available due to relocation,

 3  or when the contractual relationship between the subdivider

 4  and professional surveyor and mapper or legal entity has been

 5  terminated, the subdivider shall contract with a professional

 6  surveyor and mapper or legal entity in good standing who shall

 7  be allowed to place the monuments within the time allotted.

 8         (10)  The section, township, and range shall appear

 9  immediately under the name of the plat on each sheet included,

10  along with the name of the city, town, village, county, and

11  state in which the land being platted is situated.

12         (11)  Each plat shall show a description of the lands

13  subdivided, and the description shall be the same in the title

14  certification. The description must be so complete that from

15  it, without reference to the plat, the starting point and

16  boundary can be determined.

17         (12)  The dedications and approvals required by ss.

18  177.071 and 177.081 must be shown.

19         (13)  The circuit court clerk's certificate and the

20  professional surveyor and mapper's seal and statement required

21  by s. 177.061 shall be shown.

22         (14)  All section lines and quarter section lines

23  occurring within the subdivision shall be indicated by lines

24  drawn upon the map or plat, with appropriate words and

25  figures. If the description is by metes and bounds, all

26  information called for, such as the point of commencement,

27  course bearings and distances, and the point of beginning,

28  shall be indicated. If the platted lands are in a land grant

29  or are not included in the subdivision of government surveys,

30  then the boundaries are to be defined by metes and bounds and

31  courses.

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1         (15)  Location, width, and names of all streets,

 2  waterways, or other rights-of-way shall be shown, as

 3  applicable.

 4         (16)  Location and width of proposed easements and

 5  existing easements identified in the title opinion or

 6  certification required by s. 177.041(2) shall be shown on the

 7  plat or in the notes or legend, and their intended use shall

 8  be clearly stated. Where easements are not coincident with

 9  property lines, they must be labeled with bearings and

10  distances and tied to the principal lot, tract, or

11  right-of-way.

12         (17)  All contiguous properties shall be identified by

13  subdivision title, plat book, and page, or, if unplatted, land

14  shall be so designated. If the subdivision platted is a part

15  or the whole of a previously recorded subdivision, sufficient

16  ties shall be shown to controlling lines appearing on the

17  earlier plat to permit an overlay to be made; the fact of its

18  being a replat shall be stated as a subtitle under the name of

19  the plat on each sheet included. The subtitle must state the

20  name of the subdivision being replatted and the appropriate

21  recording reference.

22         (18)  All lots shall be numbered either by progressive

23  numbers or, if in blocks, progressively numbered in each

24  block, and the blocks progressively numbered or lettered,

25  except that blocks in numbered additions bearing the same name

26  may be numbered consecutively throughout the several

27  additions.

28         (19)  Sufficient survey data shall be shown to

29  positively describe the bounds of every lot, block, street

30  easement, and all other areas shown on the plat. When any lot

31  or portion of the subdivision is bounded by an irregular line,

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  the major portion of that lot or subdivision shall be enclosed

 2  by a witness line showing complete data, with distances along

 3  all lines extended beyond the enclosure to the irregular

 4  boundary shown with as much certainty as can be determined or

 5  as "more or less," if variable. Lot, block, street, and all

 6  other dimensions except to irregular boundaries, shall be

 7  shown to a minimum of hundredths of feet. All measurements

 8  shall refer to horizontal plane and in accordance with the

 9  definition of the U.S. Survey foot or meter adopted by the

10  National Institute of Standards and Technology. All

11  measurements shall use the 39.37/12=3.28083333333 equation for

12  conversion from a U.S. foot to meters.

13         (20)  Curvilinear lot lines shall show the radii, arc

14  distances, and central angles. Radial lines will be so

15  designated. Direction of nonradial lines shall be indicated.

16         (21)  Sufficient angles, bearings, or azimuth to show

17  direction of all lines shall be shown, and all bearings,

18  angles, or azimuth shall be shown to the nearest second of

19  arc.

20         (22)  The centerlines of all streets shall be shown as

21  follows: noncurved lines: distances together with either

22  angles, bearings, or azimuths; curved lines: arc distances,

23  central angles, and radii, together with chord and chord

24  bearing or azimuths.

25         (23)  Park and recreation parcels as applicable shall

26  be so designated.

27         (24)  All interior excepted parcels as described in the

28  description of the lands being subdivided shall be clearly

29  indicated and labeled "Not a part of this plat."

30         (25)  The purpose of all areas dedicated must be

31  clearly indicated or stated on the plat.

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1         (26)  When it is not possible to show line or curve

 2  data information on the map, a tabular form may be used. The

 3  tabular data must appear on the sheet to which it applies.

 4         (27)  The plat shall include in a prominent place the

 5  following statements: "NOTICE: This plat, as recorded in its

 6  graphic form, is the official depiction of the subdivided

 7  lands described herein and will in no circumstances be

 8  supplanted in authority by any other graphic or digital form

 9  of the plat. There may be additional restrictions that are not

10  recorded on this plat that may be found in the public records

11  of this county."

12         (28)  All platted utility easements shall provide that

13  such easements shall also be easements for the construction,

14  installation, maintenance, and operation of cable television

15  services; provided, however, no such construction,

16  installation, maintenance, and operation of cable television

17  services shall interfere with the facilities and services of

18  an electric, telephone, gas, or other public utility. In the

19  event a cable television company damages the facilities of a

20  public utility, it shall be solely responsible for the

21  damages. This section shall not apply to those private

22  easements granted to or obtained by a particular electric,

23  telephone, gas, or other public utility. Such construction,

24  installation, maintenance, and operation shall comply with the

25  National Electrical Safety Code as adopted by the Florida

26  Public Service Commission.

27         (29)  A legend of all symbols and abbreviations shall

28  be shown.

29         Section 14.  Section 177.101, Florida Statutes, is

30  amended to read:

31  

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1         177.101  Assembly, replat, vacation, and annulment of

 2  plats subdividing land.--

 3         (1)  Whenever it is discovered, after the plat has been

 4  recorded in the public records, that the developer has

 5  previously caused the lands embraced in the second plat to be

 6  differently subdivided under and by virtue of another plat of

 7  the same identical lands, and the first plat was also filed of

 8  public record at an earlier date, and no conveyances of lots

 9  by reference to the first plat so filed appears of record in

10  such county, the governing body of the county is authorized

11  and directed to and shall, by resolution, vacate and annul the

12  first plat of such lands appearing of record upon the

13  application of the developer of such lands under the first

14  plat or upon application of the owners of all the lots shown

15  and designated upon the second and subsequent plat of such

16  lands, and the circuit court clerk of the county shall

17  thereupon make proper notation of the annulment of such plat

18  upon the face of such annulled plat.

19         (2)  Whenever it is discovered that after the filing of

20  a plat subdividing a parcel of land located in the county, the

21  developer of the lands therein and thereby subdivided did

22  cause such lands embraced in said plat, or a part thereof, to

23  be again and subsequently differently subdivided under another

24  plat of the same and identical lands or a part thereof, which

25  said second plat was also filed at a later date; and it is

26  further made to appear to the governing body of the county

27  that the filing and recording of the second plat would not

28  materially affect the right of convenient access to lots

29  previously conveyed under the first plat, the governing body

30  of the county is authorized by resolution to vacate and annul

31  so much of the first plat of such lands appearing of record as

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  are included in the second plat, upon application of the

 2  owners and developer of such lands under the first plat or

 3  their successors, grantees, or assignees, and the circuit

 4  court clerk of the county shall thereupon make proper notation

 5  of the action of the governing body upon the face of the first

 6  plat. The approval of a replat by the governing body of a

 7  local government, which encompasses lands embraced in all or

 8  part of a prior plat filed of public record shall, upon

 9  recordation of the replat, automatically and simultaneously

10  vacate and annul all of the prior plat encompassed by the

11  replat.

12         (3)  The governing bodies of the counties of the state

13  may adopt resolutions vacating plats in whole or in part of

14  subdivisions in said counties, returning the property covered

15  by such plats either in whole or in part into acreage. Before

16  such resolution of vacating any plat either in whole or in

17  part shall be entered by the governing body of a county, it

18  must be shown that the persons making application for said

19  vacation own the fee simple title to the whole or that part of

20  the tract covered by the plat sought to be vacated, and it

21  must be further shown that the vacation by the governing body

22  of the county will not affect the ownership or right of

23  convenient access of persons owning other parts of the

24  subdivision.

25         (4)  Persons making application for vacations of plats

26  either in whole or in part shall give notice of their

27  intention to apply to the governing body of the county to

28  vacate said plat by publishing legal notice in a newspaper of

29  general circulation in the county in which the tract or parcel

30  of land is located, in not less than two weekly issues of said

31  paper, and must attach to the petition for vacation the proof

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  of such publication, together with certificates showing that

 2  all state and county taxes have been paid. For the purpose of

 3  the tax collector's certification that state, county, and

 4  municipal taxes have been paid, the taxes shall be deemed to

 5  have been paid if, in addition to any partial payment under s.

 6  194.171, the owner of the platted lands sought to be vacated

 7  shall post a cash bond, approved by the tax collector of the

 8  county where the land is located and by the Department of

 9  Revenue, conditioned to pay the full amount of any judgment

10  entered pursuant to s. 194.192 adverse to the person making

11  partial payment, including all costs, interest, and penalties.

12  The circuit court shall fix the amount of said bond by order,

13  after considering the reasonable timeframe for such litigation

14  and all other relevant factors; and a certified copy of such

15  approval, order, and cash bond shall be attached to the

16  application. If such tract or parcel of land is within the

17  corporate limits of any incorporated city or town, the

18  governing body of the county shall be furnished with a

19  certified copy of a resolution of the town council or city

20  commission, as the case may be, showing that it has already by

21  suitable resolution vacated such plat or subdivision or such

22  part thereof sought to be vacated.

23         (5)  Every such resolution by the governing body shall

24  have the effect of vacating all streets and alleys which have

25  not become highways necessary for use by the traveling public.

26  Such vacation shall not become effective until a certified

27  copy of such resolution has been filed in the offices of the

28  circuit court clerk and duly recorded in the public records of

29  said county.

30         (6)  All resolutions vacating plats by the governing

31  body of a county prior to September 1, 1971, are hereby

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  validated, ratified, and confirmed. Such resolutions shall

 2  have the same effect as if the plat had been vacated after

 3  September 1, 1971.

 4         (7)(a)  The governing body of a county may order the

 5  assembly or adjustment of all or part of a subdivision within

 6  its jurisdiction to the provisions and objectives of the

 7  revised local comprehensive plan. It may order the assembly,

 8  replatting, or vacation of the acreage of the existing plat on

 9  any portion of the subdivision, including the vacation of

10  streets or other parcels of land dedicated for public purposes

11  or any of such streets or other parcels, when:

12         1.  The plat of the subdivision was recorded as

13  provided by law, or approved pursuant to law but not recorded,

14  not less than 25 years before the date of such action.

15         2.  In the subdivision or a portion of the subdivision,

16  not more than 20 percent of the total subdivision area has

17  been built into the uses of the subdivision's zoned or land

18  use purposes.

19         (b)  Any persons or entities, other than the local

20  governing body, pursuing reassembly of a parcel pursuant to

21  this section must demonstrate that the persons or entities

22  making application for such vacation own the fee simple title

23  to at least 60 percent of the subdivision or portion of the

24  tract covered by the plat sought to be vacated and must

25  demonstrate that the vacation will not affect the ownership or

26  right of convenient access of persons owning other parts of

27  the subdivision.

28         (c)  Such action shall be based on a finding by the

29  governing body that the proposed assembly or adjustment, or

30  vacation and reversion to acreage of subdivided land, conforms

31  to the comprehensive plan of the area and that the public

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  health, safety, economy, comfort, order, convenience, and

 2  welfare will be promoted.

 3         (d)  A county governing authority shall establish

 4  provisions for the fair and just compensation of any fee

 5  simple owner of platted lands within the tract covered by the

 6  application for vacation and reversion to acreage who, for

 7  whatever reason, has refused to participate in the

 8  application.

 9         Section 15.  Section 177.111, Florida Statutes, is

10  amended to read:

11         177.111  Instructions for filing plat.--After the

12  approval by the appropriate governing body required by s.

13  177.071, the plat shall be submitted to recorded by the

14  circuit court clerk or other recording officer for recording

15  in the public records of the county upon submission thereto of

16  such approved plat. The circuit court clerk or other recording

17  officer shall maintain in his or her office a book of the

18  proper size for such papers so that they shall not be folded,

19  to be kept in the vault. A print or photographic copy must be

20  filed in a similar book and kept in his or her office for the

21  use of the public. The clerk shall make available to the

22  public a full size copy of the record plat at a reasonable

23  fee.

24         Section 16.  Section 290.003, Florida Statutes, is

25  amended to read:

26         290.003  Policy and purpose.--It is the policy of this

27  state to provide the necessary means to assist local

28  communities, their residents, and the private sector in

29  creating the proper economic and social environment to induce

30  the investment of private resources in productive business

31  enterprises located in severely distressed areas and to

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  provide jobs for residents of such areas. In achieving this

 2  objective, the state will seek to provide appropriate

 3  investments, tax benefits, and regulatory relief of sufficient

 4  importance to encourage the business community to commit its

 5  financial participation. The purpose of ss. 290.001-290.016 is

 6  to establish a process that clearly identifies such severely

 7  distressed areas and provides incentives by both the state and

 8  local government to induce private investment in such areas.

 9  The Legislature, therefore, declares the revitalization of

10  enterprise zones and antiquated subdivisions, through the

11  concerted efforts of government and the private sector, to be

12  a public purpose.

13         Section 17.  Subsection (4) of section 290.0058,

14  Florida Statutes, is amended to read:

15         290.0058  Determination of pervasive poverty,

16  unemployment, and general distress.--

17         (4)  General distress shall be evidenced by describing

18  adverse conditions within the nominated area, including

19  antiquated subdivisions, other than those of pervasive poverty

20  and unemployment. A high incidence of crime, abandoned

21  structures, and deteriorated infrastructure; or substantial

22  population change; a high percentage of tax delinquent

23  parcels; or inappropriate lot sizes to ensure a balance of

24  land uses decline are examples of appropriate indicators of

25  general distress.

26         Section 18.  Subsection (8) of section 380.031, Florida

27  Statutes, is amended, and subsections (21) and (22) are added

28  to that section, to read:

29         380.031  Definitions.--As used in this chapter:

30         (8)  "Land development regulations" include local

31  zoning, subdivision, assembly, reassembly, or adjustment of

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  platted or subdivided lands, building, and other regulations

 2  controlling the development of land.

 3         (21)  "Land assembly or adjustment" means the

 4  consolidation of contiguous and noncontiguous platted or

 5  subdivided lots and the vacation or deplatting of all or a

 6  portion of these lots to allow replatting and reassembly for

 7  more appropriate development or use.

 8         (22)  "Antiquated subdivisions" means subdivisions or

 9  large numbers of lots within platted and unplatted

10  subdivisions that were recorded prior to 1980 in which the

11  continued buildout of the subdivision would provide an

12  imbalance of land uses and would be detrimental to the local

13  and regional economies and environment, hinder current

14  planning practices, and lead to inefficient development

15  patterns.

16         Section 19.  Subsection (1) of section 695.01, Florida

17  Statutes, is amended to read:

18         695.01  Conveyances to be recorded.--

19         (1)  Every conveyance, transfer, agreement or contract

20  for deed, and transfer of, or mortgage of, real property, or

21  any interest therein, shall be recorded in the public records

22  of the county in which the real property is situated. A copy

23  of the approved, recorded plat or survey, if the plat is

24  unrecorded or the legal description is not attached, shall be

25  attached to each instrument and submitted to the clerk of the

26  circuit court for recording. No conveyance, transfer, or

27  mortgage of real property, or of any interest therein, nor any

28  lease for a term of 1 year or longer, shall be good and

29  effectual in law or equity against creditors or subsequent

30  purchasers for a valuable consideration and without notice,

31  unless the same be recorded according to law; nor shall any

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  such instrument made or executed by virtue of any power of

 2  attorney be good or effectual in law or in equity against

 3  creditors or subsequent purchasers for a valuable

 4  consideration and without notice unless the power of attorney

 5  be recorded before the accruing of the right of such creditor

 6  or subsequent purchaser.

 7         Section 20.  Section 696.01, Florida Statutes, is

 8  amended to read:

 9         696.01  Contracts for sale of realty must be

10  acknowledged in order to be recorded.--All contracts for deed

11  or other instruments for the purchase or sale of real estate

12  must be recorded in the public records of the county where the

13  real property is situated. A copy of the approved recorded

14  plat or survey must be attached to each instrument at the time

15  of recording. No contract, agreement, or other instrument

16  purporting to contain an agreement to purchase or sell real

17  estate shall be recorded in the public records of any county

18  in the state, unless such contract, agreement or other

19  instrument is acknowledged by the vendor in the manner

20  provided by law for the acknowledgment of deeds; and where

21  there is no acknowledgment on the part of the vendor, the

22  recording officers in the various counties of this state shall

23  refuse to accept such instrument for record.

24         Section 21.  Subsection (1) of section 697.01, Florida

25  Statutes, is amended to read:

26         697.01  Instruments deemed mortgages.--

27         (1)  All conveyances, obligations conditioned or

28  defeasible, bills of sale, contracts or agreements for deed,

29  or other instruments of writing conveying or selling property,

30  either real or personal, for the purpose or with the intention

31  of securing the payment of money, whether such instrument be

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    Florida Senate - 2004                                  SB 2548
    21-849A-04                                         See HB 1513




 1  from the debtor to the creditor or from the debtor to some

 2  third person in trust for the creditor, shall be deemed and

 3  held mortgages, and shall be subject to the same rules of

 4  foreclosure and to the same regulations, restraints,

 5  recordation requirements, and forms as are prescribed in

 6  relation to mortgages.

 7         Section 22.  This act shall take effect upon becoming a

 8  law.

 9  

10  

11  

12  

13  

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16  

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20  

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