Florida Regulations 5I-7.008: Title and Survey
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(1) Initial Title Report. A title report shall be obtained from a licensed title company or title attorney authorized to do business in the State of Florida. The title report shall include an adequate legal description of the property to be acquired sufficient to inform the Department and the appraisers of the status of ownership, encumbrances, exceptions, reservations, previous ownership history, and tax assessment history.
(2) Evidence of Marketability. A title commitment shall be obtained by the Department, from a licensed title company or title attorney authorized to do business in the State of Florida, prior to the conveyance of title. The content of such evidence of marketable title shall demonstrate that title is marketable and compatible with the purposes of the acquisition.
(3) Condition of Title. The objective of negotiations for acquisition of property interests is to obtain all the landowner’s rights, title and interest in the property as are necessary for the planned easement. All exceptions, reservations, encroachments or other adverse conditions that are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined and evaluated as to possible adverse effect on the objectives in acquiring the property interest. Such matters will be disclosed to the Board at the time the Project is submitted on the Department’s agenda for consideration by the Board.
(4) Prior to closing, a certified survey must be obtained, unless the requirement is waived by the Department if it determines that the available information is adequate to establish the boundaries of the property. The Department shall use surveyors licensed by the State of Florida. Any certified survey shall be reviewed to ensure that it complies with the standards of practice for surveys set forth in rule Fl. Admin. Code Chapter 5J-17
Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History—New 11-3-08, Amended 6-12-23.
Terms Used In Florida Regulations 5I-7.008
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(3) Condition of Title. The objective of negotiations for acquisition of property interests is to obtain all the landowner’s rights, title and interest in the property as are necessary for the planned easement. All exceptions, reservations, encroachments or other adverse conditions that are disclosed in the course of preparing to negotiate, negotiating, contracting or closing shall be individually examined and evaluated as to possible adverse effect on the objectives in acquiring the property interest. Such matters will be disclosed to the Board at the time the Project is submitted on the Department’s agenda for consideration by the Board.
(4) Prior to closing, a certified survey must be obtained, unless the requirement is waived by the Department if it determines that the available information is adequate to establish the boundaries of the property. The Department shall use surveyors licensed by the State of Florida. Any certified survey shall be reviewed to ensure that it complies with the standards of practice for surveys set forth in rule Fl. Admin. Code Chapter 5J-17
Rulemaking Authority 570.07(23), 570.71(10), 259.105(3)(i) FS. Law Implemented 570.71, 570.715, 259.105(3)(i) FS. History—New 11-3-08, Amended 6-12-23.