HB 799, Engrossed 1 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0799-01-e1
Page 1 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
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 an 7
exception; providing legislative intent; providing a 8
directive to the Division of Law Revision; provid ing 9
an effective date. 10
11
Be It Enacted by the Legislature of the State of Florida: 12
13
Section 1. Section 704.09, Florida Statutes, is created to 14
read: 15
704.09 Creation of easements, servitudes, and other 16
interests affecting real property owned by the same owner.— 17
(1) An owner of real property may create an easement, 18
servitude, or other interest in the owner's real property, 19
notwithstanding that the owner owns all of the affected real 20
property. 21
(2) An easement, servitude, or other interest in real 22
property created by an owner in the owner's real property before 23
the effective date of this act is valid unless invalidated by a 24
court on grounds other than unity of title. 25
HB 799, Engrossed 1 2024
CODING: Words stricken are deletions; words underlined are additions.
hb0799-01-e1
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
Section 2. It is the intent of the Legislature to respect 26
the intent of the par ties to real property transactions that 27
occurred before the effective date of this act and the parties' 28
reliance on easements, servitudes, or other interests created by 29
those transactions. 30
Section 3. The Division of Law Revision is directed to 31
replace the phrase "the effective date of this act" wherever it 32
occurs in s. 704.09, Florida Statutes, as created by this act, 33
with the date this act becomes a law. 34
Section 4. This act shall take effect upon becoming a law. 35