Current through Reg. 50, No. 244; December 17, 2024
Section 62-817.006 - Appraisal Map; Certified Survey(1) For each project site, the party responsible for acquisition activities shall cause to be prepared an appraisal map that contains adequate legal description of the real property, any known title information and other land characteristics that may have an impact on the market value of the land. If a project site has a number of parcels within it, a single appraisal map or certified survey may be used, provided it clearly depicts each parcel and contains all the information required above for each parcel. This appraisal map shall be submitted to the selected appraiser(s) and shall be used as the basis of the appraisal.(2) The appraisal map shall be prepared by a land surveyor currently authorized to practice surveying in the State of Florida.(3) A certified survey may be used as the appraisal map. The party responsible for acquisition activities may choose to have prepared a certified survey for appraisal purposes before ordering the appraisal(s). A certified survey may be needed to clarify issues unique to the circumstances of the site, such as acreage of the parcel when there are associated sovereign lands or intermittent wetlands and uplands throughout a project site.(4) The party responsible for acquisition activities has the authority to choose to have prepared either an appraisal map or a certified survey for appraisal purposes, with appropriateness and cost effectiveness as reasonable considerations in making the choice.(5) If a project site is comprised entirely of platted and recorded subdivision lots, the recorded plat can substitute for the appraisal map.(6) At least 30 days prior to closing, a certified survey or a recertification of a prior survey must be submitted by the owner or the recipient to the Trust for final approval to rectify acreage and title issues against the title commitment, the negotiated purchase agreement and the appraisal(s) used to determine the maximum approved purchase price.(7) In cases where a certified survey cannot be practically completed or where the cost of the certified survey would be prohibitive relative to the expected value of the real property, the requirement for such certified survey may, in whole or in part, be waived by the recipient and the Trust. Such a waiver shall be requested by the recipient at the time of project plan approval in the case of the Preservation 2000 Program (Rule Chapter 62-815, F.A.C.), or at the time of management plan approval for the Area of Critical State Concern Program (Rule Chapter 62-816, F.A.C.).(8) The certified survey shall be prepared according to the Minimum Technical Standards for Land Surveying and such additional requirements as may be determined by the Trust or the recipient to be necessary to meet the intent of the statute and this rule chapter. The certified survey shall accurately portray to the greatest extent practicable the condition of the real property as it currently exists. The survey must have been certified within 90 days of the closing on the property unless this requirement is waived by the title insurer for the purpose of deleting the standard survey exception from the owner's title insurance policy.(9) If a project site includes associated water bodies, a safe upland line, as opposed to a surveyed mean or ordinary high water line, shall be an acceptable line for determining the acreage upon which the purchase price of the site to be acquired is based.(10) The certified survey shall be reviewed and approved by the Trust as being in compliance with the requirements of this rule chapter. Certified surveys shall be reviewed by a review surveyor who is employed by or under contract to the Trust. The review surveyor must meet the same qualifications as the surveyor who conducts the certified survey.Fla. Admin. Code Ann. R. 62-817.006
Rulemaking Authority 380.507(11) FS. Law Implemented 259.101, 375.045, 380.501-.515 FS.
New 7-7-94, Formerly 9K-6.006.New 7-7-94, Formerly 9K-6.006.