§ 50-537. Reversion of subdivided land to acreage.  


Latest version.
  • (a)

    The owner of any land subdivided into lots may file for record a plat for the purpose of showing such land as acreage. Such plat, and the procedure in connection therewith, shall conform to the requirements of F.S. chs. 163 and 177, except that:

    (1)

    No survey or certificate of any surveyor or engineer shall be required. However, the board of county commissioners may require a survey of the exterior boundaries of the land and the placing of suitable monuments along such boundaries if it finds that the last preceding survey of record is faulty or inadequate or that insufficient monuments are in position along such boundaries.

    (2)

    No improvements shall be required except such as may be necessary to provide equivalent access, as provided in this section.

    (3)

    No findings need be made as to the suitability of the land or as to the provision of public facilities and services for it.

    (b)

    The board of county commissioners may, on its own motion, order the vacation and reversion to acreage of all or any part of a subdivision within its jurisdiction, including the vacation of streets or other parcels of land dedicated for public purposed of any such streets or other parcels when:

    (1)

    The plat of the subdivision was recorded as provided by law not less than five years before the date of such action; and

    (2)

    In the subdivision or part thereof, not more than ten percent of the total subdivision area has been sold as lots by the original subdivider or his successor in title.

    (c)

    Such action shall be based on a finding by the board of county commissioners or by its accredited representative for the approval of subdivision plats that the proposed vacation and reversion to acreage of subdivided land conforms to the comprehensive plan of the area and that the public health, safety, economy, comfort, order, convenience and welfare will be promoted thereby. Before acting on a proposal for vacation and reversion of subdivided land to acreage, the board of county commissioners or its accredited representative shall hold public hearing thereon, with due public notice.

    (d)

    If land in a subdivision or part thereof is proposed for reversion to acreage either at the instance of the board of county commissioners or by filling a plat by the owner, and such land is subject to existing zoning regulations, the board of county commissioners shall, upon recommendations as to zoning, where such agency exists concurrently with the proceedings for vacation and reversion to acreage, or for consideration of an action on such plat, conduct provisable in view of the conditions that will exist subsequent to such reversion to acreage.

    (e)

    No owner of any parcel of land in a subdivision shall be deprived by the reversion to acreage of any part of the subdivision of reasonable access to such parcel nor of reasonable access therefrom to existing facilities to which such parcel has therefore had access. Such access remaining or provided after such vacation need not be the same as that theretofore existing, but shall be reasonably equivalent thereto.

    (f)

    Every such resolution or motion to vacate plat and reversion to acreage, by the board of county commissioners, shall not become effective until the original or a certified copy of such resolution or motion has been filed and recorded in the office of the clerk of the circuit court of the county, and the clerk of the circuit court shall thereupon make proper notation of such resolution or motion on such vacated plat.

(1991 LDR ch. 71, § 5.07)