Senate Bill sb2548e1

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




    CS for SB 2548                                 First Engrossed



  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 s. 125.01, F.S.;

  7         revising certain powers of county governments

  8         to regulate lands; amending s. 127.01, F.S.;

  9         specifying consolidation of certain property

10         for certain purposes as a public purpose;

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

12         definition of the term "land development

13         regulations" and defining the term "land

14         assembly or adjustment"; amending s. 163.3177,

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

16         plan elements of a required comprehensive plan

17         to address antiquated subdivisions and

18         consolidation of certain properties for certain

19         purposes; providing a deadline for addressing

20         certain plan amendments; amending s. 163.3202,

21         F.S.; revising certain land development

22         regulation requirements to address

23         consolidation of certain properties for certain

24         purposes; amending s. 163.340, F.S.; revising

25         certain definitions to include consolidation of

26         certain properties and antiquated subdivisions;

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

28         subdivisions under certain community

29         redevelopment plan requirements; amending s.

30         166.411, F.S.; including consolidation of

31         certain properties for certain purposes under


                                  1

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






    CS for SB 2548                                 First Engrossed



 1         municipal powers of eminent domain; amending s.

 2         177.011, F.S.; providing additional purposes

 3         and scope relating to platting, replatting, and

 4         reassembly of lands; providing intent relating

 5         to regulation of land platting and land

 6         assembly or adjustment; amending s. 177.031,

 7         F.S.; defining the term "land assembly or

 8         adjustment"; amending s. 177.091, F.S.;

 9         requiring recordation of approved subdivision

10         plats in certain public records; amending s.

11         177.101, F.S.; authorizing local governing

12         bodies to order the assembly or adjustment of

13         all or portions of subdivisions for certain

14         purposes; providing an exception; providing

15         criteria and requirements; amending s. 177.111,

16         F.S.; requiring submittal of certain approved

17         plats to certain entities; amending s. 290.003,

18         F.S.; declaring the revitalization of

19         antiquated subdivisions to be a public purpose;

20         amending s. 290.0058, F.S.; revising provisions

21         for determining general distress of certain

22         areas to include antiquated subdivisions and

23         other criteria; amending s. 380.031, F.S.;

24         revising the definition of the term "land

25         development regulations" and defining the terms

26         "antiquated subdivisions" and "land assembly or

27         adjustment"; providing an effective date.

28  

29         WHEREAS, antiquated subdivisions or large volumes of

30  vacant lots within platted and unplatted subdivisions are

31  detrimental to the local and regional economies and


                                  2

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






    CS for SB 2548                                 First Engrossed



 1  environment, hinder appropriate planning, and lead to

 2  inefficient development patterns, and

 3         WHEREAS, large-scale land reassembly of subdivided lots

 4  is expensive to both the property owner and the local

 5  governing body and is administratively complicated and time

 6  consuming, and

 7         WHEREAS, local governments could foster the reassembly

 8  of subdivided lots into parcels that would incorporate current

 9  planning practices for efficient development, NOW, THEREFORE,

10  

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

12  

13         Section 1.  Paragraphs (g), (h), and (j) of subsection

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

15         125.01  Powers and duties.--

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

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

18  extent not inconsistent with general or special law, this

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

20         (g)  Prepare and enforce comprehensive plans for the

21  development of the county and the regulation of platted lands

22  development, including platting, deplatting, and reassembly.

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

24  business regulations as are necessary for the protection of

25  the community and environmental welfare public.

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

27  clearance, community redevelopment, conservation, flood and

28  beach erosion control, air pollution control, platted lands

29  assembly or adjustment, and navigation and drainage and

30  cooperate with governmental agencies and private enterprises

31  in the development and operation of such programs.


                                  3

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






    CS for SB 2548                                 First Engrossed



 1         Section 2.  Subsection (3) is added to section 127.01,

 2  Florida Statutes, to read:

 3         127.01  Counties delegated power of eminent domain;

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

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

 6  allow replatting for more appropriate development consistent

 7  with the public policies of the jurisdiction or for public use

 8  shall be considered a public purpose.

 9         Section 3.  Subsection (23) of section 163.3164,

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

11  that section, to read:

12         163.3164  Local Government Comprehensive Planning and

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

14  act:

15         (23)  "Land development regulations" means ordinances

16  enacted by governing bodies for the regulation of any aspect

17  of development and includes any local government zoning,

18  rezoning, subdivision, land assembly or adjustment of platted

19  or subdivided lands, building construction, or sign

20  regulations or any other regulations controlling the

21  development of land, except that this definition shall not

22  apply in s. 163.3213.

23         (32)  "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 4.  Paragraph (a) of subsection (6) of section

29  163.3177, Florida Statutes, is amended to read:

30         163.3177  Required and optional elements of

31  comprehensive plan; studies and surveys.--


                                  4

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






    CS for SB 2548                                 First Engrossed



 1         (6)  In addition to the requirements of subsections

 2  (1)-(5), the comprehensive plan shall include the following

 3  elements:

 4         (a)  A future land use plan element designating

 5  proposed future general distribution, location, and extent of

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

 7  industry, agriculture, recreation, conservation, education,

 8  public buildings and grounds, other public facilities, and

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

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

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

12  control and distribution of population densities and building

13  and structure intensities. The proposed distribution,

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

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

16  supplemented by goals, policies, and measurable objectives.

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

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

19  required to accommodate anticipated growth; the projected

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

21  including an analysis of antiquated subdivisions; the

22  availability of public services; the need for redevelopment

23  and land reassembly, including the renewal of blighted areas

24  and the elimination of nonconforming uses which are

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

26  rural communities, the need for job creation, capital

27  investment, and economic development that will strengthen and

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

29  may designate areas for future planned development use

30  involving combinations of types of uses for which special

31  regulations may be necessary to ensure development in accord


                                  5

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






    CS for SB 2548                                 First Engrossed



 1  with the principles and standards of the comprehensive plan

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

 3  provisions to address antiquated subdivisions that are

 4  underused to minimize the imbalance of single land use

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

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

 7  amount of land designated for future planned industrial use

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

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

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

11  limited solely by the projected population of the rural

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

13  designate areas for possible future municipal incorporation.

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

15  the local government seeks to consolidate platted or

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

17  lots to allow appropriate development, redevelopment,

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

19  shall generally identify and depict historic district

20  boundaries and shall designate historically significant

21  properties meriting protection. The future land use element

22  must clearly identify the land use categories in which public

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

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

25  local government shall include in the categories sufficient

26  land proximate to residential development to meet the

27  projected needs for schools in coordination with public school

28  boards and may establish differing criteria for schools of

29  different type or size. Each local government shall include

30  lands contiguous to existing school sites, to the maximum

31  extent possible, within the land use categories in which


                                  6

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






    CS for SB 2548                                 First Engrossed



 1  public schools are an allowable use. All comprehensive plans

 2  must comply with the school siting requirements of this

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

 4  local government to comply with these school siting

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

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

 7  local comprehensive plan, except for plan amendments described

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

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

10  identifying the land use categories in which public schools

11  are an allowable use or for adopting or amending the

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

13  the limitation on the frequency of plan amendments contained

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

15  criteria that encourage the location of schools proximate to

16  urban residential areas to the extent possible and shall

17  require that the local government seek to collocate public

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

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

20  of elementary schools as focal points for neighborhoods. For

21  schools serving predominantly rural counties, defined as a

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

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

24  school facilities if the local comprehensive plan contains

25  school siting criteria and the location is consistent with

26  such criteria. Plan amendments that are needed to address

27  requirements related to land assembly or adjustment of platted

28  or subdivided lands or antiquated subdivisions shall be

29  addressed prior to local government action to exercise such

30  land assembly options or no later than the first evaluation

31  


                                  7

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






    CS for SB 2548                                 First Engrossed



 1  and appraisal report which is due to be submitted at least 3

 2  years after July 1, 2004.

 3         Section 5.  Subsections (2) and (3) of section

 4  163.3202, Florida Statutes, are amended to read:

 5         163.3202  Land development regulations.--

 6         (2)  Local land development regulations shall contain

 7  specific and detailed provisions necessary or desirable to

 8  implement the adopted comprehensive plan and shall as a

 9  minimum:

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

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

12  177.101;

13         (b)  Regulate the use of land and water for those land

14  use categories included in the land use element and ensure the

15  compatibility of adjacent uses and provide for open space;

16         (c)  Provide for protection of potable water

17  wellfields;

18         (d)  Regulate areas subject to seasonal and periodic

19  flooding and provide for drainage and stormwater management;

20         (e)  Ensure the protection of environmentally sensitive

21  lands designated in the comprehensive plan;

22         (f)  Regulate signage;

23         (g)  Provide that public facilities and services meet

24  or exceed the standards established in the capital

25  improvements element required by s. 163.3177 and are available

26  when needed for the development, or that development orders

27  and permits are conditioned on the availability of these

28  public facilities and services necessary to serve the proposed

29  development. Not later than 1 year after its due date

30  established by the state land planning agency's rule for

31  submission of local comprehensive plans pursuant to s.


                                  8

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






    CS for SB 2548                                 First Engrossed



 1  163.3167(2), a local government shall not issue a development

 2  order or permit which results in a reduction in the level of

 3  services for the affected public facilities below the level of

 4  services provided in the comprehensive plan of the local

 5  government.

 6         (h)  Ensure safe and convenient onsite traffic flow,

 7  considering needed vehicle parking.

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

 9  use of innovative land development regulations which include

10  provisions such as transfer of development rights, incentive

11  and inclusionary zoning, planned-unit development, impact

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

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

14  other such regulations shall be combined and compiled into a

15  single land development code for the jurisdiction. A general

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

17  adopted land development regulations meet the requirements of

18  this section.

19         Section 6.  Subsections (9) and (10) of section

20  163.340, Florida Statutes, are amended to read:

21         163.340  Definitions.--The following terms, wherever

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

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

24  undertakings, activities, or projects of a county,

25  municipality, or community redevelopment agency in a community

26  redevelopment area for the elimination and prevention of the

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

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

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

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

31  include slum clearance and redevelopment in a community


                                  9

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






    CS for SB 2548                                 First Engrossed



 1  redevelopment area or rehabilitation and revitalization of

 2  coastal resort and tourist areas that are deteriorating and

 3  economically distressed, or rehabilitation or conservation in

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

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

 6  accordance with a community redevelopment plan and may include

 7  the preparation of such a plan.

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

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

10  housing that is affordable to residents of low or moderate

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

12  coastal and tourist area that is deteriorating and

13  economically distressed due to outdated building density

14  patterns, inadequate transportation and parking facilities,

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

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

17  unsuitable for economically viable development or use, or a

18  combination thereof, which the governing body designates as

19  appropriate for community redevelopment.

20         Section 7.  Paragraph (b) of subsection (8) of section

21  163.360, Florida Statutes, is amended to read:

22         163.360  Community redevelopment plans.--

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

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

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

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

27  or in part for nonresidential uses, the governing body

28  determines that:

29         1.  Such nonresidential uses are necessary and

30  appropriate to facilitate the proper growth and development of

31  


                                  10

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






    CS for SB 2548                                 First Engrossed



 1  the community in accordance with sound planning standards and

 2  local community objectives.

 3         2.  Acquisition may require the exercise of

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

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

 6  diversity of ownership which prevents the free alienability of

 7  such land;

 8         b.  Tax delinquency;

 9         c.  Improper or antiquated subdivisions;

10         d.  Outmoded street patterns;

11         e.  Deterioration of site;

12         f.  Economic disuse;

13         g.  Unsuitable topography or faulty lot layouts;

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

15  a county or municipality by streets and modern traffic

16  requirements; or

17         i.  Any combination of such factors or other conditions

18  which retard development of the area.

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

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

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

22         Section 8.  Subsection (12) is added to section

23  166.411, Florida Statutes, to read:

24         166.411  Eminent domain; uses or

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

26  of eminent domain for the following uses or purposes:

27         (12)  The consolidation of platted or subdivided lots

28  to allow replatting and reassembly for more appropriate

29  development consistent with the public policies of the

30  jurisdiction or for public use.

31  


                                  11

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






    CS for SB 2548                                 First Engrossed



 1         Section 9.  Section 177.011, Florida Statutes, is

 2  amended to read:

 3         177.011  Purpose and scope of part I.--This part shall

 4  be deemed to establish consistent minimum requirements, and to

 5  create such additional powers in local governing bodies, as

 6  herein provided to regulate and control the platting,

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

 8  safety, comfort, economy, order, appearance, convenience,

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

10  and progressive development of land within this state and its

11  counties and incorporated municipalities. In furtherance of

12  this general purpose, counties and incorporated

13  municipalities, individually or in combination, may adopt,

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

15  land assembly or adjustment.

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

17  adjustment is intended to:

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

19  counties and municipalities in accordance with orderly

20  physical patterns.

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

22  scattered land development.

23         (c)  Encourage development of economically stable and

24  healthful communities.

25         (d)  Ensure adequate utilities provision to all lands

26  being developed.

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

28  local comprehensive plan authorized by s. 163.3161.

29         (2)  This part establishes minimum requirements and

30  does not exclude additional provisions or regulations by local

31  ordinance, laws, or regulations.


                                  12

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






    CS for SB 2548                                 First Engrossed



 1         Section 10.  Subsection (23) is added to section

 2  177.031, Florida Statutes, to read:

 3         177.031  Definitions.--As used in this part:

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

 5  consolidation of contiguous and noncontiguous platted or

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

 7  portion of such lots to allow replatting and reassembly for

 8  more appropriate development or use.

 9         Section 11.  Section 177.091, Florida Statutes, is

10  amended to read:

11         177.091  Plats made for recording.--Every approved plat

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

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

14  recording shall conform to the following:

15         (1)  It must be:

16         (a)  An original drawing made with black permanent

17  drawing ink; or

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

19  made by photographic processes from a film scribing tested for

20  residual hypo testing solution to assure permanency.

21  

22  Marginal lines, standard certificates and approval forms shall

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

24  print or photographic copy of the original drawing must be

25  submitted with the original drawing.

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

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

28  or printed when permitted by local ordinance, completely

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

30  1/2-inch margin on each of three sides and a 3-inch margin on

31  the left side of the plat for binding purposes.


                                  13

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






    CS for SB 2548                                 First Engrossed



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

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

 3  must be included and each sheet must show the particular

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

 5  as well as clearly labeled matchlines to show where other

 6  sheets match or adjoin.

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

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

 9  both stated and graphically illustrated by a graphic scale

10  drawn on every sheet showing any portion of the lands

11  subdivided.

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

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

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

15  the professional surveyor and mapper or legal entity, along

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

17  sheet included.

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

19  sheet included showing any portion of the lands subdivided.

20  The bearing or azimuth reference shall be clearly stated on

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

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

23  established and monumented line.

24         (7)  Permanent reference monuments must be placed at

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

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

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

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

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

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

31  the Florida registration number of the professional surveyor


                                  14

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






    CS for SB 2548                                 First Engrossed



 1  and mapper in responsible charge or the certificate of

 2  authorization number of the legal entity on the previously set

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

 4  shall so state. Permanent reference monuments shall be set

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

 6  on the plat by an appropriate symbol or designation.

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

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

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

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

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

12  counties or municipalities that do not require subdivision

13  improvements and do not accept bonds or escrow accounts to

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

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

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

17  that require subdivision improvements and have the means of

18  insuring the construction of said improvements, such as

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

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

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

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

23  contractual relationship between the subdivider and

24  professional surveyor and mapper or legal entity has been

25  terminated, the subdivider shall contract with a professional

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

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

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

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

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

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


                                  15

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






    CS for SB 2548                                 First Engrossed



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

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

 3  counties or municipalities that do not require subdivision

 4  improvements and do not accept bonds or escrow accounts to

 5  construct improvements, monuments may be set prior to the

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

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

 8  municipalities that require subdivision improvements and have

 9  the means of ensuring the construction of those improvements,

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

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

12  professional surveyor and mapper or legal entity of record is

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

14  or when the contractual relationship between the subdivider

15  and professional surveyor and mapper or legal entity has been

16  terminated, the subdivider shall contract with a professional

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

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

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

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

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

22  state in which the land being platted is situated.

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

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

25  certification. The description must be so complete that from

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

27  boundary can be determined.

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

29  177.071 and 177.081 must be shown.

30  

31  


                                  16

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






    CS for SB 2548                                 First Engrossed



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

 2  professional surveyor and mapper's seal and statement required

 3  by s. 177.061 shall be shown.

 4         (14)  All section lines and quarter section lines

 5  occurring within the subdivision shall be indicated by lines

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

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

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

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

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

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

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

13  courses.

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

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

16  applicable.

17         (16)  Location and width of proposed easements and

18  existing easements identified in the title opinion or

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

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

21  be clearly stated. Where easements are not coincident with

22  property lines, they must be labeled with bearings and

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

24  right-of-way.

25         (17)  All contiguous properties shall be identified by

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

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

28  or the whole of a previously recorded subdivision, sufficient

29  ties shall be shown to controlling lines appearing on the

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

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


                                  17

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






    CS for SB 2548                                 First Engrossed



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

 2  name of the subdivision being replatted and the appropriate

 3  recording reference.

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

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

 6  block, and the blocks progressively numbered or lettered,

 7  except that blocks in numbered additions bearing the same name

 8  may be numbered consecutively throughout the several

 9  additions.

10         (19)  Sufficient survey data shall be shown to

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

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

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

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

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

16  all lines extended beyond the enclosure to the irregular

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

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

19  other dimensions except to irregular boundaries, shall be

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

21  shall refer to horizontal plane and in accordance with the

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

23  National Institute of Standards and Technology. All

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

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

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

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

28  designated. Direction of nonradial lines shall be indicated.

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

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

31  


                                  18

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






    CS for SB 2548                                 First Engrossed



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

 2  arc.

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

 4  follows: noncurved lines: distances together with either

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

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

 7  bearing or azimuths.

 8         (23)  Park and recreation parcels as applicable shall

 9  be so designated.

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

11  description of the lands being subdivided shall be clearly

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

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

14  clearly indicated or stated on the plat.

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

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

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

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

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

20  graphic form, is the official depiction of the subdivided

21  lands described herein and will in no circumstances be

22  supplanted in authority by any other graphic or digital form

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

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

25  of this county."

26         (28)  All platted utility easements shall provide that

27  such easements shall also be easements for the construction,

28  installation, maintenance, and operation of cable television

29  services; provided, however, no such construction,

30  installation, maintenance, and operation of cable television

31  services shall interfere with the facilities and services of


                                  19

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






    CS for SB 2548                                 First Engrossed



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

 2  event a cable television company damages the facilities of a

 3  public utility, it shall be solely responsible for the

 4  damages. This section shall not apply to those private

 5  easements granted to or obtained by a particular electric,

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

 7  installation, maintenance, and operation shall comply with the

 8  National Electrical Safety Code as adopted by the Florida

 9  Public Service Commission.

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

11  be shown.

12         Section 12.  Section 177.101, Florida Statutes, is

13  amended to read:

14         177.101  Assembly, replat, vacation, and annulment of

15  plats subdividing land.--

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

17  recorded in the public records, that the developer has

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

19  differently subdivided under and by virtue of another plat of

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

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

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

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

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

25  first plat of such lands appearing of record upon the

26  application of the developer of such lands under the first

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

28  and designated upon the second and subsequent plat of such

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

30  thereupon make proper notation of the annulment of such plat

31  upon the face of such annulled plat.


                                  20

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






    CS for SB 2548                                 First Engrossed



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

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

 3  developer of the lands therein and thereby subdivided did

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

 5  be again and subsequently differently subdivided under another

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

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

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

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

10  materially affect the right of convenient access to lots

11  previously conveyed under the first plat, the governing body

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

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

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

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

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

17  court clerk of the county shall thereupon make proper notation

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

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

20  local government, which encompasses lands embraced in all or

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

22  recordation of the replat, automatically and simultaneously

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

24  replat.

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

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

27  subdivisions in said counties, returning the property covered

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

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

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

31  must be shown that the persons making application for said


                                  21

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






    CS for SB 2548                                 First Engrossed



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

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

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

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

 5  convenient access of persons owning other parts of the

 6  subdivision.

 7         (4)  Persons making application for vacations of plats

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

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

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

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

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

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

14  of such publication, together with certificates showing that

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

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

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

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

19  194.171, the owner of the platted lands sought to be vacated

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

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

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

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

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

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

26  after considering the reasonable timeframe for such litigation

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

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

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

30  corporate limits of any incorporated city or town, the

31  governing body of the county shall be furnished with a


                                  22

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






    CS for SB 2548                                 First Engrossed



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

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

 3  suitable resolution vacated such plat or subdivision or such

 4  part thereof sought to be vacated.

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

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

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

 8  Such vacation shall not become effective until a certified

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

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

11  said county.

12         (6)  All resolutions vacating plats by the governing

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

14  validated, ratified, and confirmed. Such resolutions shall

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

16  September 1, 1971.

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

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

19  its jurisdiction to the provisions and objectives of the

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

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

22  any portion of the subdivision, including the vacation of

23  streets, except any roads on the State Highway System, or

24  other parcels of land dedicated for public purposes or any of

25  such streets or other parcels, when:

26         1.  The plat of the subdivision was recorded as

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

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

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

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

31  


                                  23

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






    CS for SB 2548                                 First Engrossed



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

 2  use purposes.

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

 4  governing body, pursuing reassembly of a parcel pursuant to

 5  this section must demonstrate that the persons or entities

 6  making application for such vacation own the fee simple title

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

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

 9  demonstrate that the vacation will not affect the ownership or

10  right of convenient access of persons owning other parts of

11  the subdivision.

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

13  governing body that the proposed assembly or adjustment, or

14  vacation and reversion to acreage of subdivided land, conforms

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

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

17  welfare will be promoted.

18         Section 13.  Section 177.111, Florida Statutes, is

19  amended to read:

20         177.111  Instructions for filing plat.--After the

21  approval by the appropriate governing body required by s.

22  177.071, the plat shall be submitted to recorded by the

23  circuit court clerk or other recording officer for recording

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

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

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

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

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

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

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

31  


                                  24

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






    CS for SB 2548                                 First Engrossed



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

 2  fee.

 3         Section 14.  Section 290.003, Florida Statutes, is

 4  amended to read:

 5         290.003  Policy and purpose.--It is the policy of this

 6  state to provide the necessary means to assist local

 7  communities, their residents, and the private sector in

 8  creating the proper economic and social environment to induce

 9  the investment of private resources in productive business

10  enterprises located in severely distressed areas and to

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

12  objective, the state will seek to provide appropriate

13  investments, tax benefits, and regulatory relief of sufficient

14  importance to encourage the business community to commit its

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

16  to establish a process that clearly identifies such severely

17  distressed areas and provides incentives by both the state and

18  local government to induce private investment in such areas.

19  The Legislature, therefore, declares the revitalization of

20  enterprise zones and antiquated subdivisions, through the

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

22  a public purpose.

23         Section 15.  Subsection (4) of section 290.0058,

24  Florida Statutes, is amended to read:

25         290.0058  Determination of pervasive poverty,

26  unemployment, and general distress.--

27         (4)  General distress shall be evidenced by describing

28  adverse conditions within the nominated area, including

29  antiquated subdivisions, other than those of pervasive poverty

30  and unemployment. A high incidence of crime, abandoned

31  structures, and deteriorated infrastructure; or substantial


                                  25

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






    CS for SB 2548                                 First Engrossed



 1  population change; a high percentage of tax delinquent

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

 3  land uses decline are examples of appropriate indicators of

 4  general distress.

 5         Section 16.  Subsection (8) of section 380.031, Florida

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

 7  to that section, to read:

 8         380.031  Definitions.--As used in this chapter:

 9         (8)  "Land development regulations" include local

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

11  platted or subdivided lands, building, and other regulations

12  controlling the development of land.

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

14  consolidation of contiguous and noncontiguous platted or

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

16  portion of these lots to allow replatting and reassembly for

17  more appropriate development or use.

18         (22)  "Antiquated subdivisions" means subdivisions or

19  large numbers of lots within platted and unplatted

20  subdivisions that were recorded prior to 1980 in which the

21  continued buildout of the subdivision would provide an

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

23  and regional economies and environment, hinder current

24  planning practices, and lead to inefficient development

25  patterns.

26         Section 17.  This act shall take effect upon becoming a

27  law.

28  

29  

30  

31  


                                  26

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