House Bill 0587e1

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                                        CS/HB 587, First Engrossed



  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         177.081, F.S.; revising language with respect

  9         to dedication and approval; amending s.

10         177.091, F.S.; revising language with respect

11         to certain monuments; providing an effective

12         date.

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

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

17  Statutes, 1998 Supplement, is amended to read:

18         177.041  Boundary survey and title certification

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

20  the approving agency of the local governing body must be

21  accompanied by:

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

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

24  replat affects any boundary of the previously platted property

25  or when improvements which may affect the boundary of the

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

27  replatted or adjoining lands. The boundary survey must be

28  performed and prepared under the responsible direction and

29  supervision of a professional surveyor and mapper preceding

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

31  This subsection does not restrict a legal entity from


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






                                        CS/HB 587, First Engrossed



  1  employing one professional surveyor and mapper to perform and

  2  prepare the boundary survey and another professional surveyor

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

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

  5         Section 2.  Subsection (2) of section 177.081, Florida

  6  Statutes, 1998 Supplement, is amended to read:

  7         177.081  Dedication and approval.--

  8         (2)  Every plat of a subdivision filed for record must

  9  contain a dedication by the owner or owners of record.  The

10  dedication must be executed by all persons, corporations, or

11  entities whose signature would be required to convey record

12  fee simple title to the lands being dedicated in the same

13  manner in which deeds are required to be executed. The

14  dedication must be executed by all persons, corporations, or

15  entities having a record interest in the lands subdivided, in

16  the same manner in which deeds are required to be executed.

17  All mortgagees having a record interest in the lands

18  subdivided shall execute, in the same manner in which deeds

19  are required to be executed, either the dedication contained

20  on the plat or a separate instrument joining in and ratifying

21  the plat and all dedications and reservations thereon.

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

23  Statutes, 1998 Supplement, is amended to read:

24         177.091  Plats made for recording.--Every plat of a

25  subdivision offered for recording shall conform to the

26  following:

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

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

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

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

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


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                                        CS/HB 587, First Engrossed



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

  2  counties or municipalities that do not require subdivision

  3  improvements and do not accept bonds or escrow accounts to

  4  construct improvements, monuments may be set prior to the

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

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

  7  municipalities that require subdivision improvements and have

  8  the means of ensuring the construction of those improvements,

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

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

11  professional surveyor and mapper or legal entity of record is

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

13  or when the contractual relationship between the subdivider

14  and professional surveyor and mapper or legal entity has been

15  terminated, the subdivider shall contract with a professional

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

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

18         Section 4.  This act shall take effect July 1, 1999.

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