House Bill 0587c1

    Florida House of Representatives - 1999              CS/HB 587

        By the Committee on Real Property & Probate and
    Representative Henriquez





  1                      A bill to be entitled

  2         An act relating to platted lands; amending s.

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

  4         to certain boundaries for a replat; removing a

  5         requirement that the boundary survey and plat

  6         be prepared by a professional surveyor and

  7         mapper under the same legal entity; amending s.

  8         177.091, F.S.; revising language with respect

  9         to certain monuments; providing an effective

10         date.

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

13

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

15  Statutes, 1998 Supplement, is amended to read:

16         177.041  Boundary survey and title certification

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

18  the approving agency of the local governing body must be

19  accompanied by:

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

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

22  replat affects any boundary of the previously platted property

23  or when improvements which may affect the boundary of the

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

25  replatted or adjoining lands. The boundary survey must be

26  performed and prepared under the responsible direction and

27  supervision of a professional surveyor and mapper preceding

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

29  This subsection does not restrict a legal entity from

30  employing one professional surveyor and mapper to perform and

31  prepare the boundary survey and another professional surveyor

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






    Florida House of Representatives - 1999              CS/HB 587

    605-133A-99






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

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

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

  4  Statutes, 1998 Supplement, is amended to read:

  5         177.091  Plats made for recording.--Every plat of a

  6  subdivision offered for recording shall conform to the

  7  following:

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

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

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

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

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

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

14  counties or municipalities that do not require subdivision

15  improvements and do not accept bonds or escrow accounts to

16  construct improvements, monuments may be set prior to the

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

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

19  municipalities that require subdivision improvements and have

20  the means of ensuring the construction of those improvements,

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

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

23  professional surveyor and mapper or legal entity of record is

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

25  or when the contractual relationship between the subdivider

26  and professional surveyor and mapper or legal entity has been

27  terminated, the subdivider shall contract with a professional

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

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

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

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