House Bill 3223er

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





    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1

  2         An act relating to land platting; amending s.

  3         177.031, F.S.; defining terms relating to

  4         platting; amending s. 177.041, F.S.; requiring

  5         plats and replats of subdivisions submitted for

  6         approval to be accompanied by a boundary survey

  7         of the platted lands; amending s. 177.051,

  8         F.S.; revising provisions relating to naming

  9         and replatting subdivisions; amending s.

10         177.061, F.S.; providing requirements for the

11         recording of a plat; amending s. 177.071, F.S.;

12         revising provisions relating to approval of

13         plats by governing bodies; amending s. 177.081,

14         F.S.; requiring plats to be reviewed by a

15         professional surveyor and mapper before

16         approval by a governing body; amending s.

17         177.091, F.S.; providing requirements for

18         monuments and revising other requirements of

19         plats made for recording; amending s. 177.101,

20         F.S.; providing for the vacation and annulment

21         of prior plats; amending s. 177.141, F.S.;

22         revising provisions relating to affidavits

23         confirming errors on recorded plats; amending

24         s. 177.151, F.S.; revising provisions relating

25         to state plane coordinates; amending ss.

26         177.021, 177.121, 177.131, 177.132, 177.27,

27         177.38, F.S.; conforming references; providing

28         an effective date.

29

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

31


                                  1

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1         Section 1.  Section 177.021, Florida Statutes, is

  2  amended to read:

  3         177.021  Legal status of recorded plats.--The recording

  4  of any plats made in compliance with the provisions of this

  5  part chapter shall serve to establish the identity of all

  6  lands shown on and being a part of such plats, and lands may

  7  thenceforth be conveyed by reference to such plat.

  8         Section 2.  Section 177.031, Florida Statutes, is

  9  amended to read:

10         177.031  Definitions.--As used in this part chapter:

11         (1)  "Alley" means a right-of-way providing a secondary

12  means of access and service to abutting property.

13         (2)  "Block" includes "tier" or "group" and means a

14  group of lots existing within well-defined and fixed

15  boundaries, usually being an area surrounded by streets or

16  other physical barriers and having an assigned number, letter,

17  or other name through which it may be identified.

18         (3)  "Board" means any board appointed by a

19  municipality, county commission, or state agency, such as the

20  planning and zoning board, area planning board, or the

21  governing board of a drainage district.

22         (4)  "Governing body" means the board of county

23  commissioners or the legal governing body of a county,

24  municipality, town, or village of this state.

25         (5)  "Cul-de-sac" means a street terminated at the end

26  by a vehicular turnaround.

27         (6)  "Developer" means the owners of record executing

28  the dedication required by s. 177.081 and applying person or

29  legal entity that applies for approval of a plat of a

30  subdivision pursuant to this part chapter.

31


                                  2

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1         (7)(a)  "Easement" means any strip of land created by a

  2  subdivider for public or private utilities, drainage,

  3  sanitation, or other specified uses having limitations, the

  4  title to which shall remain in the name of the property owner,

  5  subject to the right of use designated in the reservation of

  6  the servitude.

  7         (b)  "Public utility" includes any public or private

  8  utility, such as, but not limited to, storm drainage, sanitary

  9  sewers, electric power, water service, gas service, or

10  telephone line, whether underground or overhead.

11         (8)  "Survey data" means all information shown on the

12  face of a plat that would delineate the physical boundaries of

13  the subdivision and any parts thereof.

14         (9)  "Improvements" may include, but are not limited

15  to, street pavements, curbs and gutters, sidewalks, alley

16  pavements, walkway pavements, water mains, sanitary sewers,

17  storm sewers or drains, street names, signs, landscaping,

18  permanent reference monuments (P.R.M.s), permanent control

19  points (P.C.P.s), monuments, or any other improvement required

20  by a governing body.

21         (10)  "Professional surveyor and mapper" means a

22  surveyor and mapper registered under chapter 472 who is in

23  good standing with the Board of Professional Surveyors and

24  Mappers.

25         (11)  "Lot" includes tract or parcel and means the

26  least fractional part of subdivided lands having limited fixed

27  boundaries, and an assigned number, letter, or other name

28  through which it may be identified.

29         (12)  "Municipality" means any incorporated city, town,

30  or village.

31


                                  3

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1         (13)  "P.C.P." means permanent control point and shall

  2  be considered a reference monument, which shall be a secondary

  3  horizontal control monument and shall be a metal marker with

  4  the point of reference marked thereon or a 4-inch by 4-inch

  5  concrete monument a minimum of 24 inches long with the point

  6  of reference marked thereon. A "P.C.P." must bear the

  7  registration number of the surveyor and mapper filing the plat

  8  of record; however, when the surveyor and mapper of record is

  9  no longer in practice or is not available due to relocation of

10  his or her practice, or when the contractual relationship

11  between the subdivider and surveyor and mapper has been

12  terminated, any registered surveyor and mapper in good

13  standing shall be allowed to place permanent control points

14  (P.C.P.s) within the time allotted in s. 177.091(8).

15         (a)  "P.C.P.s" set in impervious surfaces must:

16         1.  Be composed of a metal marker with a point of

17  reference.

18         2.  Have a metal cap or disk bearing either the Florida

19  registration number of the professional surveyor and mapper in

20  responsible charge or the certificate of authorization number

21  of the legal entity, which number shall be preceded by LS or

22  LB as applicable and the letters "P.C.P."

23         (b)  "P.C.P.s" set in pervious surfaces must:

24         1.  Consist of a metal rod having a minimum length of

25  18 inches and a minimum cross-section area of material of 0.2

26  square inches encased in concrete.  The concrete shall have a

27  minimum cross-section area of 12.25 square inches and be a

28  minimum of 24 inches long.

29         2.  Be identified with a durable marker or cap with the

30  point of reference marked thereon bearing either the Florida

31  registration number of the professional surveyor and mapper in


                                  4

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  responsible charge or the certificate of authorization number

  2  of the legal entity, which number shall be preceded by LS or

  3  LB as applicable and the letters "P.C.P."

  4         (c)  "P.C.P.s" must be detectable with conventional

  5  instruments for locating ferrous or magnetic objects.

  6         (14)  "Plat or replat" means a map or delineated

  7  representation of the subdivision of lands, being a complete

  8  exact representation of the subdivision and other information

  9  in compliance with the requirement of all applicable sections

10  of this part chapter and of any local ordinances, and may

11  include the terms "replat," "amended plat," or "revised plat."

12         (15)  "P.R.M." means a permanent reference monument

13  which must:

14         (a)  Consist of a metal rod having a minimum length of

15  18 inches and a minimum cross-section area of material of 0.2

16  square inches encased in concrete. The concrete shall have a

17  minimum cross-section area of 12.25 square inches and be a

18  minimum of 24 inches long.

19         (b)  Be identified with a durable marker or cap with

20  the point of reference marked thereon bearing either the

21  Florida registration number of the professional surveyor and

22  mapper in responsible charge or the certificate of

23  authorization number of the legal entity, which number shall

24  be preceded by LS or LB as applicable and the letters "P.R.M."

25         (c)  Be detectable with conventional instruments for

26  locating ferrous or magnetic objects.

27

28  If the location of the "P.R.M." falls in a hard surface such

29  as asphalt or concrete, alternate monumentation may be used

30  that is durable and identifiable, which consists of a metal

31  rod a minimum of 24 inches long or a 1 1/2 -inch minimum


                                  5

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  diameter metal pipe a minimum of 20 inches long, either of

  2  which shall be encased in a solid block of concrete or set in

  3  natural bedrock, a minimum of 6 inches in diameter, and

  4  extending a minimum of 18 inches below the top of the

  5  monument, or a concrete monument 4 by 4 inches, a minimum of

  6  24 inches long, with the point of reference marked thereon. A

  7  metal cap marker, with the point of reference marked thereon,

  8  shall bear the registration number of the surveyor and mapper

  9  certifying the plat of record, and the letters "PRM" shall be

10  placed in the top of the monument.

11         (16)  "Right-of-way" means land dedicated, deeded,

12  used, or to be used for a street, alley, walkway, boulevard,

13  drainage facility, access for ingress and egress, or other

14  purpose by the public, certain designated individuals, or

15  governing bodies.

16         (17)  "Street" includes any access way such as a

17  street, road, lane, highway, avenue, boulevard, alley,

18  parkway, viaduct, circle, court, terrace, place, or

19  cul-de-sac, and also includes all of the land lying between

20  the right-of-way lines as delineated on a plat showing such

21  streets, whether improved or unimproved, but shall not include

22  those access ways such as easements and rights-of-way intended

23  solely for limited utility purposes, such as for electric

24  power lines, gas lines, telephone lines, water lines, drainage

25  and sanitary sewers, and easements of ingress and egress.

26         (18)  "Subdivision" means the division platting of land

27  real property into three or more lots, parcels, tracts, tiers,

28  blocks, sites, units, or any other division of land; and

29  includes establishment of new streets and alleys, additions,

30  and resubdivisions; and, when appropriate to the context,

31


                                  6

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  relates to the process of subdividing or to the lands or area

  2  subdivided.

  3         (19)  "State plane coordinates" means the system of

  4  plane coordinates which has been established by the National

  5  Ocean Service Survey for defining and stating the positions or

  6  locations of points on the surface of the earth within the

  7  state and shall hereinafter be known and designated as the

  8  "Florida State Plane Coordinate System." For the purpose of

  9  the use of this system, the zones divisions established by the

10  National Ocean Service Survey in NOAA Manual NOS NGS 5, State

11  Plane Coordinate System of 1983, Special Publication Number

12  255 shall be used, and the appropriate projection and zone

13  designation shall be indicated and included in any description

14  using the Florida State Plane Coordinate System.

15         (20)  Surveying data:

16         (a)  "Point of curvature," written "P.C.," means the

17  point where a tangent circular curve begins.

18         (b)  "Point of tangency," written "P.T.," means the

19  point where a tangent circular curve ends and becomes tangent.

20         (c)  "Point of compound curvature," written "P.C.C.,"

21  means the point where two circular curves have a common point

22  of tangency, the curves lying on the same side of the common

23  tangent.

24         (d)  "Point of reverse curvature," written "P.R.C.,"

25  means the point where two circular curves have a common point

26  of tangency, the curves lying on opposite sides of the common

27  tangent.

28         (21)  "Legal entity" means an entity that holds a

29  certificate of authorization issued under chapter 472, whether

30  the entity is a corporation, partnership, association, or

31  person practicing under a fictitious name.


                                  7

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1         (22)  "Monument" means a survey marker which must:

  2         (a)  Be composed of a durable material.

  3         (b)  Have a minimum length of 18 inches.

  4         (c)  Have minimum cross-section area of material of 0.2

  5  square inches.

  6         (d)  Be identified with a durable marker or cap bearing

  7  either the Florida registration number of the professional

  8  surveyor and mapper in responsible charge or the certificate

  9  of authorization number of the legal entity, which number

10  shall be preceded by LS or LB as applicable.

11         (e)  Be detectable with conventional instruments for

12  locating ferrous or magnetic objects.

13

14  If the location of the monument falls in a hard surface such

15  as asphalt or concrete, alternate monumentation may be used

16  that is durable and identifiable.

17         Section 3.  Section 177.041, Florida Statutes, is

18  amended to read:

19         177.041  Boundary survey and title certification

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

21  the approving agency of the local governing body must be

22  accompanied by:

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

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

25  replat affects any boundary of the previously platted property

26  or when improvements 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


                                  8

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  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         (2)  A title opinion of an attorney at law licensed in

  6  Florida or a certification by an abstractor or a title company

  7  showing that record title to the land as described and shown

  8  on the plat is in the name of the person, persons,

  9  corporation, or entity executing the dedication, if any, as it

10  is shown on the plat and, if the plat does not contain a

11  dedication, that the developer has record title to the land.

12  The title opinion or certification shall also show all

13  mortgages not satisfied or released of record nor otherwise

14  terminated by law.

15         Section 4.  Section 177.051, Florida Statutes, is

16  amended to read:

17         177.051  Name and replat of subdivision.--

18         (1)  Every subdivision shall be given a name by which

19  it shall be legally known. For the purpose of this section,

20  that name is the "primary name." The primary Such name shall

21  not be the same or in any way so similar to any name appearing

22  on any recorded plat in the same county as to confuse the

23  records or to mislead the public as to the identity of the

24  subdivision, except when the subdivision is further divided

25  subdivided as an additional unit or section by the same

26  developer or the developer's successors in title. In that

27  case, the additional unit, section, or phase shall be given

28  the primary name followed by the unit, section, or phase

29  number.  Words such as "the," "replat," or "a" may not be used

30  as the first word of the primary name. Every subdivision's

31  name shall have legible lettering of the same size and type,


                                  9

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  including the words "section," "unit," or "phase." If the word

  2  "replat" is not part of the primary name, then it may be of a

  3  different size and type. "replat," "amended," etc. The primary

  4  name of the subdivision shall be shown in the dedication and

  5  shall coincide exactly with the subdivision name.

  6         (2)  Any change in a plat, except as provided in s.

  7  177.141, shall be labeled a "replat," and a replat must

  8  conform with this part.  After the effective date of this act,

  9  the terms "amended plat," "revised plat," "corrected plat,"

10  and "resubdivision" may not be used to describe the process by

11  which a plat is changed.

12         Section 5.  Section 177.061, Florida Statutes, is

13  amended to read:

14         177.061  Qualification and statement required of person

15  making survey and plat certification.--Every plat offered for

16  recording pursuant to the provisions of this part must be

17  prepared by a professional surveyor and mapper.  The plat must

18  be signed and sealed by that professional surveyor and mapper,

19  who must state on the plat that the plat was prepared under

20  his or her direction and supervision and that the plat

21  complies with all of the survey requirements of this part.

22  Every plat must also contain the printed name and registration

23  number of the professional surveyor and mapper directly below

24  the statement required by this section, along with the printed

25  name, address, and certificate of authorization number of the

26  legal entity, if any.  A professional surveyor and mapper

27  practicing independently of a legal entity must include his or

28  her address. Every subdivision of lands made within the

29  provisions of this chapter shall be made under the responsible

30  direction and supervision of a surveyor and mapper who shall

31  certify on the plat that the plat is a true and correct


                                  10

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  representation of the lands surveyed, that the survey was made

  2  under his or her responsible direction and supervision, and

  3  that the survey data complies with all of the requirements of

  4  this chapter. The certification shall bear the signature, the

  5  registration number, and the official seal of the surveyor and

  6  mapper.

  7         Section 6.  Section 177.071, Florida Statutes, is

  8  amended to read:

  9         177.071  Approval of plat by governing bodies.--

10         (1)  Before a plat is offered for recording, it must be

11  approved by the appropriate governing body, and evidence of

12  such approval must shall be placed on the plat. If not

13  approved, the governing body must return the plat to the

14  professional surveyor and mapper or the legal entity offering

15  the plat for recordation. However, such examination and

16  approval for conformity to this chapter by the appropriate

17  governing body shall not include the verification of the

18  survey data, except by a surveyor and mapper either employed

19  by or under contract to the local governing body for the

20  purpose of such examination. For the purposes of this part

21  chapter:

22         (a)  When the plat to be submitted for approval is

23  located wholly within the boundaries of a municipality, the

24  governing body of the municipality has exclusive jurisdiction

25  to approve the plat.

26         (b)  When a plat lies wholly within the unincorporated

27  areas of a county, the governing body of the county has

28  exclusive jurisdiction to approve the plat.

29         (c)  When a plat lies within the boundaries of more

30  than one governing body, two plats must be prepared and each

31  governing body has exclusive jurisdiction to approve the plat


                                  11

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  within its boundaries, unless the governing bodies having said

  2  jurisdiction agree that one plat is mutually acceptable.

  3         (2)  Any provision in a county charter, or in an

  4  ordinance of any charter county or consolidated government

  5  chartered under s. 6(e), Art. VIII of the State Constitution,

  6  which provision is inconsistent with anything contained in

  7  this section shall prevail in such charter county or

  8  consolidated government to the extent of any such

  9  inconsistency.

10         Section 7.  Section 177.081, Florida Statutes, is

11  amended to read:

12         177.081  Dedication and approval.--

13         (1)  Prior to approval by the appropriate governing

14  body, the plat shall be reviewed for conformity to this

15  chapter by a professional surveyor and mapper either employed

16  by or under contract to the local governing body, the costs of

17  which shall be borne by the legal entity offering the plat for

18  recordation, and evidence of such review must be placed on

19  such plat.

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

21  contain a dedication by the owner or owners of record

22  developer.  The dedication must shall be executed by all

23  persons, corporations, or entities developers having a record

24  interest in the lands subdivided, in the same manner in which

25  deeds are required to be executed.  All mortgagees having a

26  record interest in the lands subdivided shall execute, in the

27  same manner in which deeds are required to be executed, either

28  the dedication contained on the plat or a separate instrument

29  joining in and ratifying the plat and all dedications and

30  reservations thereon.

31


                                  12

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1         (3)(2)  When a tract or parcel of land has been

  2  subdivided and a plat thereof bearing the dedication executed

  3  by the owners of record developers and mortgagees having a

  4  record interest in the lands subdivided, and when the approval

  5  of the governing body has been secured and recorded in

  6  compliance with this part chapter, all streets, alleys,

  7  easements, rights-of-way, and public areas shown on such plat,

  8  unless otherwise stated, shall be deemed to have been

  9  dedicated to the public for the uses and purposes thereon

10  stated.  However, nothing herein shall be construed as

11  creating an obligation upon any governing body to perform any

12  act of construction or maintenance within such dedicated areas

13  except when the obligation is voluntarily assumed by the

14  governing body.

15         Section 8.  Section 177.091, Florida Statutes, is

16  amended to read:

17         177.091  Plats made for recording.--Every plat of a

18  subdivision offered for recording shall conform to the

19  following:

20         (1)  It shall be:

21         (a)  An original drawing made with black permanent

22  drawing ink or varitype process on a good grade linen tracing

23  cloth or with a suitable permanent black drawing ink on a

24  stable base film, a minimum of 0.003 inches thick, coated upon

25  completion with a suitable plastic material to prevent flaking

26  and to assure permanent legibility; or

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

28  made by photographic processes from a film scribing tested for

29  residual hypo testing solution to assure permanency.

30

31


                                  13

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  Marginal lines, standard certificates and approval forms shall

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

  3  print or photographic copy of the original drawing shall be

  4  submitted with the original drawing.

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

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

  7  or printed when permitted by local ordinance, completely

  8  around each sheet and placed so as to leave at least a  1/2

  9  -inch margin on each of three sides and a 3-inch margin on the

10  left side of the plat for binding purposes.

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

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

13  must be included and each sheet must show the particular

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

15  as well as clearly labeled matchlines to show where other

16  sheets match or adjoin.

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

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

19  be both stated and graphically illustrated by a graphic scale

20  drawn on every sheet showing any portion of the lands

21  subdivided.

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

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

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

25  the professional surveyor and mapper or legal entity, along

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

27  sheet included.

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

29  sheet included showing any portion of the lands subdivided.

30  The bearing or azimuth reference shall be clearly stated on

31  the face of the plat in the notes or legend and, in all cases,


                                  14

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  the bearings used shall be referenced to some well-established

  2  and monumented line.

  3         (7)  Permanent reference monuments must be placed at

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

  5  lands being platted and; however, "P.R.M.s" need not be set

  6  closer than 310 feet, but may not be more than 1,400 1400 feet

  7  apart. In all cases there must be a minimum of four "P.R.M.s"

  8  placed on the boundary of the lands being platted. Where such

  9  corners are in an inaccessible place, "P.R.M.s" shall be set

10  on a nearby offset within the boundary of the plat and such

11  offset shall be so noted on the plat. Where corners are found

12  to coincide with a previously set "P.R.M.," the Florida

13  registration number of the professional surveyor and mapper in

14  responsible charge or the certificate of authorization number

15  of the legal entity on the previously set "P.R.M." shall be

16  shown on the new plat or, if unnumbered, shall so state.

17  Permanent reference monuments shall be set before the

18  recording of the plat, and this will be so stated in the

19  surveyor and mapper's certificate on the plat. The "P.R.M.s"

20  "P.R.M." shall be shown on the plat by an appropriate symbol

21  or designation.

22         (8)  Permanent control points "P.C.P.s" shall be set on

23  at the intersection of the centerline of the right-of-way at

24  the intersection and terminus of all streets, at each change

25  of direction, "P.C.s," "P.T.s," "P.R.C.s," and "P.C.C.s," and

26  no more than 1,000 feet apart, on tangent, between changes of

27  direction, or along the street right-of-way or block lines at

28  each change in direction and no more than 1,000 feet apart.

29  Such "P.C.P.s" shall be shown on the plat by an appropriate

30  symbol or designation. In those counties or municipalities

31  that do not require subdivision improvements and do not accept


                                  15

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  bonds or escrow accounts to construct improvements, "P.C.P.s"

  2  may be set prior to the recording of the plat and must be set

  3  within 1 year of the date the plat was recorded and shall be

  4  referred to in the surveyor and mapper's certificate. In the

  5  counties or municipalities that require subdivision

  6  improvements and have the means of insuring the construction

  7  of said improvements, such as bonding requirements, "P.C.P.s"

  8  must be set prior to the expiration of the bond or other

  9  surety. If the professional surveyor and mapper or legal

10  entity of record is no longer in practice or is not available

11  due to relocation, or when the contractual relationship

12  between the subdivider and professional surveyor and mapper or

13  legal entity has been terminated, the subdivider shall

14  contract with a professional surveyor and mapper or legal

15  entity in good standing to place the "P.C.P.s" within the time

16  allotted. It is the surveyor and mapper's responsibility to

17  furnish the clerk or recording officer of the county or

18  municipality his or her certificate that the "P.C.P.s" have

19  been set and the dates the "P.C.P.s" were set.

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

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

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

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

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

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

26  counties or municipalities that do not require subdivision

27  improvements and do not accept bonds or escrow accounts to

28  construct improvements, monuments may be set prior to the

29  recording of the plat and must be set before the transfer of

30  any lot. In those counties or municipalities that require

31  subdivision improvements and have the means of ensuring the


                                  16

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  construction of those improvements, such as bonding

  2  requirements, monuments shall be set prior to the expiration

  3  of the bond or other surety.  If the professional surveyor and

  4  mapper or legal entity of record is no longer in practice or

  5  is not available due to relocation, or when the contractual

  6  relationship between the subdivider and professional surveyor

  7  and mapper or legal entity has been terminated, the subdivider

  8  shall contract with a professional surveyor and mapper or

  9  legal entity in good standing who shall be allowed to place

10  the monuments within the time allotted.

11         (10)(9)  Each plat shall show The section, township,

12  and range shall appear immediately under the name of the plat

13  on each sheet included, along with as applicable, or, if in a

14  land grant, the plat will so state.

15         (10)  the name of the city, town, village, county, and

16  state in which the land being platted is situated shall appear

17  under the name of the plat as applicable.

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

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

20  certification.  The description must be so complete that from

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

22  boundary can be determined.

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

24  177.071 and 177.081 must be shown.

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

26  professional surveyor and mapper's seal and statement required

27  by s. 177.061 shall be shown certificate and seal.

28         (14)  All section lines and quarter section lines

29  occurring within the subdivision in the map or plat shall be

30  indicated by lines drawn upon the map or plat, with

31  appropriate words and figures.  If the description is by metes


                                  17

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  and bounds, all information called for, such as the point of

  2  commencement, course bearings and distances, and the point of

  3  beginning, shall be indicated, together with all bearings and

  4  distances of the boundary lines.  If the platted lands are in

  5  a land grant or are not included in the subdivision of

  6  government surveys, then the boundaries are to be defined by

  7  metes and bounds and courses.  The initial point in the

  8  description shall be tied to the nearest government corner or

  9  other recorded and well established corner.

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

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

12  applicable.

13         (16)  Location and width of proposed easements and

14  existing easements identified in the title opinion or

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

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

17  be clearly stated. Where easements are not coincident with

18  property lines, they must be labeled with bearings and

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

20  right-of-way.

21         (17)  All contiguous properties shall be identified by

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

23  shall be so designated.  If the subdivision platted is a

24  resubdivision of a part or the whole of a previously recorded

25  subdivision, sufficient ties shall be shown to controlling

26  lines appearing on the earlier plat to permit an overlay to be

27  made; the fact of its being a replat resubdivision shall be

28  stated as a subtitle under the name of the plat on each sheet

29  included.  The subtitle must state the name of the subdivision

30  being replatted and the appropriate recording reference

31


                                  18

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  following the name of the subdivision wherever it appears on

  2  the plat.

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

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

  5  block, and the blocks progressively numbered or lettered,

  6  except that blocks in numbered additions bearing the same name

  7  may be numbered consecutively throughout the several

  8  additions.

  9         (19)  Block corner radii dimensions shall be shown.

10         (19)(20)  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 a metric foot.

26         (20)(21)  Curvilinear lot lines lots shall show the

27  radii, arc distances, and central angles or radii, chord, and

28  chord bearing, or both.  Radial lines will be so designated.

29  Direction of nonradial lines shall be indicated.

30         (21)(22)  Sufficient angles, bearings, or azimuth to

31  show direction of all lines shall be shown, and all bearings,


                                  19

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



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

  2  arc.

  3         (22)(23)  The centerlines of all streets shall be shown

  4  as follows:  noncurved lines: with distances together with

  5  either, angles, bearings, or azimuths; azimuth, "P.C.s,"

  6  "P.T.s," "P.R.C.s," "P.C.C.s," curved lines: arc distances

  7  distance, central angles, and tangents, radii, together with

  8  chord, and chord bearing or azimuths azimuth, or both.

  9         (23)(24)  Park and recreation parcels as applicable

10  shall be so designated.

11         (24)(25)  All interior excepted parcels as described in

12  the description of the lands being subdivided shall be clearly

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

14         (25)(26)  The purpose of all areas dedicated must be

15  clearly indicated or stated on the plat.

16         (26)(27)  When it is not possible to show line or curve

17  data detail information on the map, a tabular form may be

18  used. The tabular data must appear on the sheet to which it

19  applies.

20         (27)(28)  The plat shall include in a prominent place

21  the following statements statement:  "NOTICE: This plat, as

22  recorded in its graphic form, is the official depiction of the

23  subdivided lands described herein and will in no circumstances

24  be supplanted in authority by any other graphic or digital

25  form of the plat. There may be additional restrictions that

26  are not recorded on this plat that may be found in the public

27  records of this county."

28         (28)(29)  All platted utility easements shall provide

29  that such easements shall also be easements for the

30  construction, installation, maintenance, and operation of

31  cable television services; provided, however, no such


                                  20

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  construction, installation, maintenance, and operation of

  2  cable television services shall interfere with the facilities

  3  and services of an electric, telephone, gas, or other public

  4  utility. In the event a cable television company damages the

  5  facilities of a public utility, it shall be solely responsible

  6  for the damages. This section shall not apply to those private

  7  easements granted to or obtained by a particular electric,

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

  9  installation, maintenance, and operation shall comply with the

10  National Electrical Safety Code as adopted by the Florida

11  Public Service Commission.

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

13  be shown.

14         Section 9.  Subsection (2) of section 177.101, Florida

15  Statutes, is amended to read:

16         177.101  Vacation and annulment of plats subdividing

17  land.--

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

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

20  developer of the lands therein and thereby subdivided did

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

22  be again and subsequently differently subdivided under another

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

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

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

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

27  materially affect the right of convenient access to lots

28  previously conveyed under the first plat, the governing body

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

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

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


                                  21

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



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

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

  3  court clerk of the county shall thereupon make proper notation

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

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

  6  local government, which encompasses lands embraced in all or

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

  8  recordation of the replat, automatically and simultaneously

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

10  replat.

11         Section 10.  Section 177.121, Florida Statutes, is

12  amended to read:

13         177.121  Misdemeanor to molest monument or deface or

14  destroy map or plat.--It is a misdemeanor of the second

15  degree, punishable as provided in s. 775.082 or s. 775.083,

16  for any person to molest any monuments established according

17  to this part chapter or to deface or destroy any map or plat

18  placed on public record.

19         Section 11.  Subsection (2) of section 177.131, Florida

20  Statutes, is amended to read:

21         177.131  Recordation of the Department of

22  Transportation official right-of-way maps and other

23  governmental right-of-way maps.--

24         (2)  Sections 177.011-177.121 of this part chapter are

25  not applicable to this section.  Upon request of the clerk,

26  the Department of Transportation shall furnish without charge

27  a reproducible copy of its right-of-way maps.

28         Section 12.  Section 177.132, Florida Statutes, is

29  amended to read:

30         177.132  Preservation of unrecorded maps.--

31


                                  22

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1         (1)  The clerk of the circuit court of a county may

  2  receive and copy, as unrecorded maps, otherwise unrecorded

  3  plats and maps, including sales maps, which describe or

  4  illustrate the boundaries and subdivision of parcels of land,

  5  but which do not necessarily indicate proper metes and bounds

  6  or otherwise comply with the recording requirements of this

  7  part chapter. The receipt and copying of such documents shall

  8  not affect or impair the title to the property in any manner,

  9  nor shall it be construed as actual or constructive notice,

10  but shall be for informational purposes only and shall not be

11  referred to for the purpose of conveying property or for

12  circumventing the lawful regulation and control of subdividing

13  lands by local governing bodies.  The clerk may maintain a

14  separate book or other filing process provided by the county

15  for this purpose.  The clerk shall make reproductions of these

16  copies available to the public at a reasonable fee.

17         (2)  Sections 177.021-177.121 of this part chapter

18  shall not apply to this section.

19         Section 13.  Section 177.141, Florida Statutes, is

20  amended to read:

21         177.141  Affidavit confirming error on a recorded

22  plat.--In the event an appreciable error or omission in the

23  data shown on any plat duly recorded under the provisions of

24  this part chapter is detected by subsequent examination or

25  revealed by a retracement of the lines run during the original

26  survey of the lands shown on such recorded plat, the

27  professional surveyor and mapper or legal entity who was

28  responsible for the survey and the preparation of the plat as

29  recorded may file an affidavit confirming that such error or

30  omission was made. If applicable However, the affidavit must

31  state that the professional surveyor and mapper or legal


                                  23

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  entity has made a resurvey of the subject property in the

  2  recorded subdivision within the last 10 days and that no

  3  evidence existed on the ground that would conflict with the

  4  corrections as stated in the affidavit. The affidavit shall

  5  describe the nature and extent of such error or omission and

  6  the appropriate correction that in the affiant's professional

  7  surveyor and mapper's opinion should be substituted for the

  8  erroneous data shown on the plat or added to the data on the

  9  plat. When such an affidavit is filed, it is the duty of the

10  circuit court clerk to record the affidavit, and he or she

11  must shall place in the margin of the recorded plat a notation

12  that the affidavit has been filed, the date of filing, and the

13  official book and page where it is recorded. The notation must

14  also be placed on all copies of the plat used for reproduction

15  purposes. The affidavit shall have no effect upon the validity

16  of the plat or on the information shown thereon.

17         Section 14.  Section 177.151, Florida Statutes, is

18  amended to read:

19         177.151  State plane coordinate.--

20         (1)  Coordinates may be used to define or designate the

21  position of points on the surface of the earth within the

22  state for land descriptions and subdivision purposes, provided

23  the initial point in the description shall be tied to the

24  nearest government corner or other recorded and well

25  established corner. The state plane coordinates of a point on

26  the earth's surface, to be used in expressing the position or

27  location of such point in the appropriate projection and zone

28  system, shall consist of two distances, expressed in meters or

29  feet and decimals of the same a foot.  One position distance,

30  to be known as the "Northing," shall give the position in a

31  north and south direction; the other, to be known as the


                                  24

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  "Easting x-coordinate," shall give the position in an east and

  2  west direction; the other, to be known as the "y-coordinate,"

  3  shall give the position in a north and south direction.  These

  4  coordinates shall be made to depend upon and conform to the

  5  origins and projections on the Florida State Plane Coordinate

  6  System and the geodetic control triangulation and traverse

  7  stations of the National Ocean Service Survey within the

  8  state, as those origins and projections have been determined

  9  by such service the said survey. When any tract of land to be

10  defined by a single description extends from one into the

11  other of the above projections or zones, the positions of all

12  points on its boundary may be referred to either of the zones

13  or projections, with the zone and projection being used

14  specifically named in the description.

15         (2)  The position of points on the Florida State Plane

16  Coordinate System shall be as marked on the ground by geodetic

17  control triangulation or traverse stations established in

18  conformity with standards adopted by the National Ocean

19  Service Survey for first-order and second-order work, the

20  geodetic positions of which have been rigidly adjusted on the

21  North American Datum of 1983, as readjusted in 1990, and the

22  coordinates of which have been computed on the Florida State

23  Plane Coordinate System herein defined.  Any such station may

24  be used for establishing a survey connection with the Florida

25  State Plane Coordinate System.

26         (3)  No coordinates based on the Florida Coordinate

27  System purporting to define the position of a point on a land

28  boundary may be presented to be recorded in any public land

29  records or deed records unless the point is within one-half

30  mile of a triangulation or traverse station established in

31  conformity with the standards described in s. 177.031(19).


                                  25

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1  However, the said one-half mile limitation may be waived when

  2  coordinates shown are certified as having been established in

  3  accordance with National Ocean Survey requirements and

  4  procedures for first-order or second-order work by a surveyor

  5  and mapper licensed in the state. This certification of

  6  order-of-accuracy must be included in the description of the

  7  land involved.

  8         (4)  The use of the term "Florida Coordinate System" on

  9  any map, report of survey, or other document shall be limited

10  to coordinates based on the Florida Coordinate System as

11  defined in this chapter.

12         (5)  Whenever coordinates based on the Florida

13  Coordinate System are used to describe a tract of land which

14  in the same document is also described by reference to any

15  subdivision, line, or corner of the United States Public Land

16  Survey, the description by coordinates shall be construed as

17  supplemental to the basic description of such subdivision,

18  line, or corner contained in the official plats and field

19  notes of record, and, in the event of any conflict, the

20  description by reference to the subdivision, line, or corner

21  of the United States Public Land Survey shall prevail over the

22  description by coordinates.

23         (6)  Nothing contained in this chapter shall require

24  any purchaser or mortgagee to rely on a description any part

25  of which depends exclusively upon the Florida Coordinate

26  System.

27         Section 15.  Subsection (3) of section 177.27, Florida

28  Statutes, is amended to read:

29         177.27  Definitions.--The following words, phrases, or

30  terms used herein, unless the context otherwise indicates,

31  shall have the following meanings:


                                  26

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




    ENROLLED

    1998 Legislature                                    CS/HB 3223



  1         (3)  "Control tide station" means a place so designated

  2  by the department or the National Ocean Service Survey at

  3  which continuous tidal observations have been taken or are to

  4  be taken over a minimum of 19 years to obtain basic tidal data

  5  for the locality.

  6         Section 16.  Subsection (1) of section 177.38, Florida

  7  Statutes, is amended to read:

  8         177.38  Standards for establishment of local tidal

  9  datums.--

10         (1)  Unless otherwise allowed by this part or

11  regulations promulgated hereunder, a local tidal datum shall

12  be established from a series of tide observations taken at a

13  tide station established in accordance with procedures

14  approved by the department. In establishing such procedures,

15  full consideration will be given to the national standards and

16  procedures established by the National Ocean Service Survey.

17         Section 17.  This act shall take effect July 1, 1998.

18

19

20

21

22

23

24

25

26

27

28

29

30

31


                                  27