CS/HB 1229 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1229-01-c1
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 termination of easements and 2
related rights or interests for affordable housing 3
development; amending s. 420.0003, F.S.; requiring 4
local assistance plans to authorize the termination of 5
easements or rights, interests, or servitudes in the 6
nature of easements for use of or access to a lake and 7
its upland banks in specified circumstances to develop 8
affordable housing; providing a termination method; 9
requiring the recording of a specified notice in the 10
public records; providing requirements for such 11
notice; requiring the recording of specified final 12
orders and instruments in the public records; 13
providing an effective date. 14
15
Be It Enacted by the Legislature of the State of Florida: 16
17
Section 1. Paragraph (f) is added to subsection (3) of 18
section 420.0003, Florida Statutes, to read: 19
420.0003 State housing strategy. — 20
(3) IMPLEMENTATION. —The state, in carrying out the 21
strategy articulated in this section, shall have the following 22
duties: 23
(f) Local assistance plans must authorize the termination 24
of recorded and unrecorded easements or rights, interests, or 25
CS/HB 1229 2024
CODING: Words stricken are deletions; words underlined are additions.
hb1229-01-c1
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
servitudes in the nature of easements for use of or access to a 26
lake with respect to up to no more than one -third of the area of 27
such lake and its upland banks for purposes of redeveloping the 28
land to create affordable housing under this chapter and 29
pursuant to s. 196.1978 within 90 days after the date of such 30
authorization request. Th e authorization may apply to easements, 31
interests, and servitudes in favor of the public or any other 32
party, other than a public utility or governmental body or 33
agency. Termination of interests is achieved through a quiet 34
title action, for which service of process may be made to a 35
party by certified mail, return receipt requested. At the time 36
of filing a quiet title action, a notice must be recorded in the 37
public records in the county in which the land is located. Such 38
notice shall identify the action seeki ng to terminate easements, 39
rights, or servitudes to use or access the specified lake; the 40
interests to be terminated; the names of the record owners of 41
those interests and the owners of the land underlying the lake 42
and its banks; and a legal description of the lake and its 43
banks. Upon issuance of a final order quieting title to any 44
interest, such order together with an instrument describing all 45
interests that have been extinguished and providing a legal 46
description of the newly established boundaries of the lake must 47
also be recorded in the public records in the county in which 48
the land is located. 49
Section 2. This act shall take effect July 1, 2024. 50