Senate Bill 2300c1

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    Florida Senate - 1999                           CS for SB 2300

    By the Committee on Regulated Industries and Senator Sebesta





    315-1969-99

  1                      A bill to be entitled

  2         An act relating to platted lands; amending s.

  3         177.041, F.S.; revising provisions with respect

  4         to certain boundaries for a replat; amending s.

  5         177.091, F.S.; revising provisions with respect

  6         to certain monuments; providing an effective

  7         date.

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

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11         Section 1.  Subsection (1) of section 177.041, Florida

12  Statutes, 1998 Supplement, is amended to read:

13         177.041  Boundary survey and title certification

14  required.--Every plat or replat of a subdivision submitted to

15  the approving agency of the local governing body must be

16  accompanied by:

17         (1)  A boundary survey of the platted lands. However, a

18  new boundary survey for a replat is required only when the

19  replat affects any boundary of the previously platted property

20  or when improvements that may affect the boundary of the

21  previously platted property have been made on the lands to be

22  replatted or adjoining lands. The boundary survey must be

23  performed and prepared under the responsible direction and

24  supervision of a professional surveyor and mapper preceding

25  the initial submittal of the plat to the local governing body.

26  This subsection does not restrict a legal entity from

27  employing one professional surveyor and mapper to perform and

28  prepare the boundary survey and another professional surveyor

29  and mapper to prepare the plat, except that both the boundary

30  survey and the plat must be under the same legal entity.

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






    Florida Senate - 1999                           CS for SB 2300
    315-1969-99




  1         Section 2.  Subsection (9) of section 177.091, Florida

  2  Statutes, 1998 Supplement, is amended to read:

  3         177.091  Plats made for recording.--Every plat of a

  4  subdivision offered for recording shall conform to the

  5  following:

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

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

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

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

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

11  monument cannot be set due to a physical obstruction. 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, monuments may be set prior to the

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

16  before the transfer of the any lot. In those counties or

17  municipalities that require subdivision improvements and have

18  the means of ensuring the construction of those improvements,

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

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

21  professional surveyor and mapper or legal entity of record is

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

23  or when the contractual relationship between the subdivider

24  and 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 who shall

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

28         Section 3.  This act shall take effect July 1, 1999.

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






    Florida Senate - 1999                           CS for SB 2300
    315-1969-99




  1          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
  2                             SB 2300

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  4  Preserves the current requirement that each plat submitted to
    a local governing body for approval be reviewed by a
  5  professional surveyor and mapper.

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