Title: Sunset Review of Chapter 472 "Land Surveying"
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Permanent Link: http://ufdc.ufl.edu/WL00000947/00001
 Material Information
Title: Sunset Review of Chapter 472 "Land Surveying"
Physical Description: Book
Language: English
 Subjects
Spatial Coverage: North America -- United States of America -- Florida
 Notes
Abstract: Sunset Review of Chapter 472 "Land Surveying" Letter To: The Honorable Toni Jennings - The Florida Senate From: L.M. Buddy Blain January 20, 1989
General Note: Box 7, Folder 4 ( Vail Conference 1989 - 1989 ), Item 46
Funding: Digitized by the Legal Technology Institute in the Levin College of Law at the University of Florida.
 Record Information
Bibliographic ID: WL00000947
Volume ID: VID00001
Source Institution: Levin College of Law, University of Florida
Holding Location: Levin College of Law, University of Florida
Rights Management: All rights reserved by the source institution and holding location.

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LAW OFtFCES
BLAIN & GONE, P. A.

L. M. BUDDY BLAIN 202 MADISON STREET
THOMAS E. CONE. JR. TAMPAFLORIDA 33602
HALLIE S. EVANS (113) 223-3688
DOUGLAS P. MANSON FAX 48(I3 226-6422
FREDERICK T. REEVES
SUSAN K. SCARCELLI OF COUNSEL
JOHN P. CORCORAN.JR.

January 20, 1989






The Honorable Toni Jennings
The Florida Senate
348 Senate Office Building
Tallahassee, Florida 32399-1100

RE: Sunset Review of Chapter 472
"Land Surveying"

Dear Senator Jennings:

I understand that the Sunset Review of Chapter 472, "Land
Surveying", has been referred to the Senate Governmental
Operations Committee under your leadership. I would like to
_s contribute my remarks as to the necessity or wisdom of modifying
the authority and responsibility of the Board of Professional
Land Surveyors, as related to Ordinary High Water Line (OHWL)
Surveys.

I have been involved in surveying matters and boundary disputes
since 1949. From 1965-1983 firms with which I was associated
were retained by the Southwest Florida Water Management Distrist
for a broad range of legal services including responsibility for
the legal part of the district's land acquisition program. Over
the years I have had occasion to work very closely with many
surveyors but never dealt directly with the Board of Professional
Land Surveyors until last year.

I did not know any of the current members personally until this
past year. Last spring several of us met with individual members
of the Board. We explained to each our concern that the
regulatory board for surveyors had not developed a rule to guide
surveyors throughout the state in performing OHWL surveys. I had
come to the conclusion that minimum technical standards were
essential to ensure the availability of accurate, defensible real
property boundary surveys throughout the state mostly to maintain
stability of real property titles. These surveys must be
repeatable and they must be reasonable in cost.

As we met with the individual board members, we showed them a
rough draft we had developed, to show what a rule on OHWL surveys
might include. As we discussed the draft with individual












Senator Toni Jennings
January 20, 1989
Page # 3



Ample opportunity was granted to the Board of Trustees of the
Internal Improvement Trust Fund, the rule challenger, and the
Attorney General's Office, its legal counsel, to press this
issue.

The OHWL came up at advertised meetings, workshops and hearings
held by the Board on: May 11, June 20, July 13-14, August 2-5 and
September 30. A memorandum of the chronology of the Attorney
General's knowledge and DNR's involvement in the Board's OHWL
rulemaking process is attached.

Although representatives from the Division of State Lands,
Department of Natural Resorces, attended all of the OHWL meetings
or workshops held by the Board, they offered no suggestions or
comments. None, that is, until September 30, 1988, the day
noticed for rule adoption, when an Assistant Attorney General
urged the Board not to act. This, despite the fact that another
Assistant Attorney General, who previously was assigned by the
Attorney General to represent the Board, previously advised the
Board that it legally could, and should, adopt an OHWL rule! I
also attach a copy of a letter from the Special Counsel to the
Board addressing the same question.

In conclusion, Senator Jennings, I hope that as you and the
members of the Senate Governmental Operations Committee conduct
your Sunset Review, you will carefully analyze the controversy
surrounding the OHWL rule. If you do so, I am confident that you
will conclude that the individual members of the Board have
conducted their duties responsibly and well; they have fully
acted in the public interest; and, the OHWL rule is well within
the responsibilities and authorities of the Board under Chapter
472.

The public interest demands, and needs, stability of land titles
and defensible real property boundaries which are dependent on
reliable surveys made by registered professional land surveyors,
acting within minimum technical standards prescribed by the Board
of Professional Land Surveyors.












Senator Toni Jennings
January 20, 1989
Page # 4



Thank you for your attention to these remarks. I hope they are
helpful to you and Committee members. If I can provide further
information, please call me.
Sincerely yours,



L. M. Buddy Blain

LMB/sld

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