HB 799 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0799-00
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to easements affecting real property 2
owned by the same owner; creating s. 704.09, F.S.; 3
authorizing an owner of real property to create an 4
easement, servitude, or other interest in the owner's 5
real property and providing that such easement, 6
servitude, or other interest is valid; providing 7
construction and applicability; providing that the act 8
does not revive or reinstate a right or interest t hat 9
has been adjudicated invalid before a certain date; 10
providing an effective date. 11
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Be It Enacted by the Legislature of the State of Florida: 13
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Section 1. Section 704.09, Florida Statutes, is created to 15
read: 16
704.09 Creation of easements, servit udes, and other 17
interests affecting real property owned by the same owner. — 18
(1) An owner of real property may create an easement, 19
servitude, or other interest in the owner's real property and 20
such easement, servitude, or other interest is valid 21
notwithstanding that the owner owns all of the affected real 22
property. 23
(2) Subsection (1) clarifies existing law and applies to, 24
without limitation, any easement, including, but not limited to, 25
HB 799 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0799-00
Page 2 of 2
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
utility easements, access easements, parking easements, negative 26
easements, environmental easements, and solar easements; surface 27
water management agreements; or any other rights in the nature 28
of an easement, servitude, profit, use right, restriction, 29
obligation, condition, reservation, or other covenant, contained 30
in a written instrument, whether denominated as an easement, 31
deed, plat, declaration, covenant, condition, restriction, 32
servitude, or otherwise. 33
(3) This section does not revive or reinstate any right or 34
interest that has been fully and finally adjudicated as in valid 35
before the effective date of this act. 36
Section 2. This act shall take effect upon becoming a law. 37