Florida Administrative Code (Last Updated: November 11, 2024) |
5. Department of Agriculture and Consumer Services |
5J. Division of Consumer Services |
5J-17. Professional Surveyors And Mappers |
1(1) Boundaries of Real Property:
6(a) The surveyor and mapper shall make a determination of the position of the boundary of real property in complete accord with the real property description shown on the survey map or report and map. 41In order to ensure adequate and defensible real property boundary locations:
521. Every parcel of land whose boundaries are surveyed shall be made to conform with the record boundaries of such land, taking into account relevant requirements of law concerning whether the survey is original or a resurvey.
892. Prior to making the survey, the licensee shall perform research of records with sufficient scope and depth to identify with reasonable certainty:
112a. The location of the record boundaries,
119b. Conflicting record and ownership boundary locations within, abutting or affecting the property or access to same,
136c. None of the above is intended to require the surveyor to perform a title search.
1523. 153A 154fiel155d 156surve157y 158shal159l 160b161e 162mad163e 164locatin165g 166mo167nument168s 169and 170evidence of occupation, 173appropriat174e 175o176r 177necessa178ry 179an180d 181coordinat182e 183th184e 185fact186s 187o188f 189sai190d 191surve192y 193wit194h 195th196e 197analysis of the record boundaries.
202(b) 203Monument204s 205shal206l 207b208e 209se210t 211o212r 213hel214d 215a216s 217markin218g 219th220e 221corner222s 223afte224r 225a 226well-reasone227d 228analys229is 230b231y 232th233e 234l235icensee.
236(c) 237All boundary surveys shall result in a map (hardcopy and/or digital) 248and it shall be stated on the map that the survey is a “Boundary Survey.”
263(d) 264Any discrepancies between the survey map and the real property description shall be shown.
278(e) 279Survey data shall be shown to positively describe the boundaries of the surveyed property. For portions of the property bounded by an irregular line, distances and directions to the irregular boundary shall be shown with as much certainty as can be determined or as “more or less,” if variable329.
330(f) 331Surveys of all or part of a lot(s) which is part of a recorded subdivision shall show the lot(s) and block numbers or other designations, including those of adjoining lots.
361(g) 362Surveys of parcels described by metes and bounds shall show 372all information called for in the property description, including point of commencement, course bearings and distances, and point of beginning.
392(h) When the results of the survey differ significantly from the record,or if a fundamental decision related to the boundary resolution is not clearly reflected on the plat or map, the surveyor shall explain this information with notes on the face of the plat or map.
439(i) Surveys of parcels with water boundaries shall describe the feature located including, top of bank, edge of water, mean high water line, ordinary high water line and the method used to locate the water boundary. Water boundaries may be located in their approximate position as long as this is adequately depicted and explained with notes on the face of the plat or map.
503(2) Boundary Monuments:
506(a) 507The surveyor and mapper shall set monuments as defined herein, unless monuments already exist or cannot be set due to physical obstructions at corners.
531(b) 532Every boundary monument set shall:
5371. Be composed of a durable material,
5442. Have a minimal length of 18 inches,
5523. Have a minimum cross-section area of material of 0.20 square inches,
5644. Be identified with a durable marker or cap bearing either the Florida license number of the surveyor and mapper in responsible charge, the certificate of authorization number of the business entity; or name of the business entity,
6025. Be detectable with conventional instruments for finding ferrous or magnetic objects,
6146. When a corner falls in a hard surface such as asphalt or concrete, alternate monumentation may be used that is durable and identifiable,
6387. When conditions require setting a monument on an offset, whenever possible, the location should be selected so the monument lies on a boundary line.
663(c) 664All monuments, found or placed, must be described on the survey map. The corner descriptions shall state the size, material, and cap identification of the monument as well as whether the monument was found or set. 700Offset monuments shall be noted as such on the survey map along with the offset distance to the true corner. Building corners are acceptable as monuments so long as use of the building corners as monumentation is clearly noted on the map.
742(d) For irregular boundaries such as a water body or maintained right of way, a dimensioned meander or survey closure line shall be used and monuments shall be set at the meander or survey closure line’s terminus points on real property boundary lines.
785(e) 786A boundary survey updating a previous survey made by the same surveyor and mapper or business entity, and which is performed for the purpose of locating non-completed new improvements by measurements to the property lines or related offset lines placed on the property since the previous survey, need not have the property corners reset.
840(f) 841Side ties to locate or set monuments shall be substantiated by multiple measurements.
854(3) Boundary Inconsistencies:
857(a) 858Potential boundary inconsistencies shall be addressed and shall be clearly indicated and explained on the survey map or in the report. Where evidence of inconsistency is found, the nature of the inconsistency shall be shown upon the survey map, such as:
8991. Overlapping descriptions or hiatuses,
9042. Excess or deficiency,
9083. Conflicting boundary lines or monuments, or
9154. Doubt as to the location on the ground of survey lines or property rights.
930(b) 931Open and notorious evidence of boundary lines, such as fences, walls, buildings, monuments or otherwise, shall be shown upon the map, together with dimensions sufficient to show their relationship to the boundary line(s).
964(c) 965All apparent physical use onto or from adjoining property must be indicated, with the extent of such use shown or noted upon the map.
989(d) 990In all cases where foundations may violate deed or easement lines and are beneath the surface, failure to determine their location shall be noted upon the map or report.
1019(4) Rights-of-Way, Easements, and Other Real Property Concerns:
1027(a) 1028All recorded public and private rights-of-way shown on applicable recorded plats adjoining or across the land being surveyed shall be located and shown upon the map.
1054(b) 1055Easements shown on applicable record plats or open and notorious evidence of easements or rights-of-way on or across the land being surveyed shall be located and shown upon the map.
1085(c) 1086When streets or street rights-of-way abutting the land surveyed are physically closed to travel, a note to this effect shall be shown upon the map.
1111(d) 1112When location of easements or rights-of-way of record, other than those on record plats, is required, this information must be furnished to the surveyor and mapper.
1138(e) 1139Human cemeteries and burial grounds located within the premises shall be located and shown upon the map when open and notorious, or when knowledge of their existence and location is furnished to the surveyor and mapper.
1175(5) Real Property Improvements:
1179(a) 1180Location of fixed improvements pertinent to the survey shall be graphically shown upon the map and their positions shall be dimensioned in reference to the boundaries, either directly or by offset lines.
1212(b) 1213When fixed improvements are not located or do not exist, a note to this effect shall be shown upon the map.
1234(c) 1235When a boundary survey updating a previous boundary survey is made by the same surveyor or survey firm for purpose of locating non-completed new improvements, then property corners need not be reset; however, when a boundary survey is updating a previous survey made by the same surveyor or survey firm and is performed for purpose of locating completed new improvements then property corners must be recovered or reset. When a boundary survey updates a previous boundary survey made by a different surveyor or survey firm for the purpose of locating either non-completed or completed new improvements, then property corners must be recovered or reset.
1339(6) Descriptions/Sketch to Accompany Description:
1344(a) Descriptions written by a surveyor and mapper to describe land boundaries by metes and bounds shall provide definitive identification of boundary lines.
1367(b) When a sketch accompanies the property description, it shall show all information referenced in the description and shall state that such sketch is not a survey. The initial point in the description shall be tied to either a government corner, a recorded corner, or some other well-established survey point.
1417Rulemaking Authority 1419472.008, 1420472.027 FS. 1422Law Implemented 1424472.027 FS. 1426History–New 9-1-81, Formerly 21HH-6.04, Amended 12-18-88, Formerly 21HH-6.004, Amended 12-25-95, 5-13-96, 5-25-99, 4-4-06, 8-31-06, 8-18-08, Formerly 144261G17-6.004, 1443Amended 5-11-15, 11-13-17, 7-15-18.