Florida Senate - 2024 CS for SB 814 By the Committee on Rules; and Senator Yarborough 595-03596-24 2024814c1 1 A bill to be entitled 2 An act relating to real property ownership; amending 3 s. 692.201, F.S.; defining terms; revising the 4 definition of the term foreign principal; amending 5 s. 692.202, F.S.; revising the ownership interest that 6 a foreign principal may have in agricultural land; 7 requiring certain foreign principals to register the 8 ownership of a controlling interest in agricultural 9 land owned before a certain date; requiring foreign 10 principals to divest themselves of the controlling 11 interest in agricultural land within a certain 12 timeframe; specifying an exception for certain 13 residential development; deleting a requirement for a 14 buyer purchasing an interest in agricultural land to 15 provide a signed affidavit; authorizing criminal 16 penalties for certain sales and purchases of 17 controlling interests in agricultural land; making 18 technical changes; amending s. 692.203, F.S.; revising 19 the ownership interest that a foreign principal may 20 have in real property on or near military 21 installations or critical infrastructure facilities; 22 requiring certain foreign principals to register the 23 ownership of a controlling interest in real property 24 on or near military installations or critical 25 infrastructure facilities owned before a certain date; 26 requiring foreign principals to divest themselves of 27 the controlling interest in certain real property 28 within a certain timeframe; specifying an exception 29 for certain residential development; authorizing 30 criminal penalties for certain sales and purchases of 31 controlling interests in real property on or near 32 military installations or critical infrastructure 33 facilities; making technical changes; amending s. 34 692.204, F.S.; revising the ownership interest that 35 certain persons or entities associated with the 36 Peoples Republic of China may have in real property; 37 requiring such persons or entities to register the 38 ownership of a controlling interest in real property 39 owned before a certain date; requiring the persons or 40 entities associated with the Peoples Republic of 41 China to divest themselves of the controlling interest 42 in certain real property they own within a certain 43 timeframe; specifying an exception for certain 44 residential development; authorizing criminal 45 penalties for certain sales and purchases of 46 controlling interests in real property by certain 47 business entities associated with the Peoples 48 Republic of China; creating s. 704.09, F.S.; 49 authorizing an owner of real property to create an 50 easement, servitude, or other interest in the owners 51 real property; providing that such easement, 52 servitude, or other interest is valid; providing an 53 exception; providing legislative intent; providing a 54 directive to the Division of Law Revision; providing 55 an effective date. 56 57 Be It Enacted by the Legislature of the State of Florida: 58 59 Section 1.Present subsections (2) through (6) of section 60 692.201, Florida Statutes, are redesignated as subsections (4) 61 and (6) through (9), respectively, and new subsections (2), (3), 62 and (5) are added to that section, to read: 63 692.201Definitions.As used in this part, the term: 64 (2)Business entity has the same meaning as in s. 606.03. 65 (3)Controlling interest means the possession of the 66 power to control access to or the use or management of a parcel 67 of real property through ownership interests in or securities of 68 a business entity or entities that own the parcel of real 69 property, or through direct ownership interests in a parcel of 70 real property. A business entity or person who directly or 71 indirectly has an ownership interest of 25 percent or more of a 72 parcel of real property is presumed to have a controlling 73 interest. The term does not include a de minimus indirect 74 interest. 75 (4)(2)Critical infrastructure facility means any of the 76 following, if it employs measures such as fences, barriers, or 77 guard posts that are designed to exclude unauthorized persons: 78 (a)A chemical manufacturing facility. 79 (b)A refinery. 80 (c)An electrical power plant as defined in s. 403.031(20). 81 (d)A water treatment facility or wastewater treatment 82 plant. 83 (e)A liquid natural gas terminal. 84 (f)A telecommunications central switching office. 85 (g)A gas processing plant, including a plant used in the 86 processing, treatment, or fractionation of natural gas. 87 (h)A seaport as listed in s. 311.09. 88 (i)A spaceport territory as defined in s. 331.303(18). 89 (j)An airport as defined in s. 333.01. 90 (5)De minimus indirect interest means a foreign 91 principals ownership of a business entitys registered equities 92 in a publicly traded company, if the foreign principals 93 ownership interest in the company is either: 94 (a)Less than 5 percent of any class of registered equities 95 or less than 5 percent in the aggregate in multiple classes of 96 registered equities; or 97 (b)A noncontrolling interest in an entity controlled by a 98 company that is both registered with the United States 99 Securities and Exchange Commission as an investment adviser 100 under the Investment Advisers Act of 1940, as amended, and is 101 not a foreign entity. 102 (7)(4)Foreign principal means: 103 (a)The government or any official of the government of a 104 foreign country of concern; 105 (b)A political party or member of a political party or any 106 subdivision of a political party in a foreign country of 107 concern; 108 (c)A partnership, an association, a corporation, an 109 organization, or other combination of persons organized under 110 the laws of or having its principal place of business in a 111 foreign country of concern, or a subsidiary of such entity; or 112 (d)Any person who is domiciled in a foreign country of 113 concern, unless the person and is not: 114 1.A citizen or lawful permanent resident of the United 115 States; 116 2.A holder of a current verified visa to enter the United 117 States which does not limit the holder to tourist-based travel; 118 or 119 3.A holder of official documentation confirming that the 120 person has been granted asylum in the United States. 121 (e)Any person, entity, or collection of persons or 122 entities, described in paragraphs (a)-(d) (a) through (d) having 123 a controlling interest in a partnership, an association, a 124 corporation, an organization, a trust, or any other legal entity 125 or subsidiary formed for the purpose of owning real property in 126 this state. 127 Section 2.Section 692.202, Florida Statutes, is amended to 128 read: 129 692.202Purchase of agricultural land by foreign principals 130 prohibited. 131 (1)A foreign principal may not directly or indirectly own 132 or, have a controlling interest in, or acquire by purchase, 133 grant, devise, or descent agricultural land or any interest, 134 except a de minimus indirect interest, in such land in this 135 state. A foreign principal has a de minimus indirect interest if 136 any ownership is the result of the foreign principals ownership 137 of registered equities in a publicly traded company owning the 138 land and if the foreign principals ownership interest in the 139 company is either: 140 (2)A foreign principal that directly or indirectly owns or 141 acquires a controlling interest in agricultural land or any 142 interest in such land in this state before July 1, 2023, may 143 continue to own or hold such land or interest, but may not 144 purchase or otherwise acquire a controlling interest in by 145 grant, devise, or descent any additional agricultural land or 146 interest in such land in this state. 147 (3)(a)A foreign principal that directly or indirectly owns 148 or acquires a controlling interest in agricultural land or any 149 interest in such land in this state before July 1, 2023, must 150 register with the Department of Agriculture and Consumer 151 Services by January 1, 2024. The department must establish a 152 form for such registration, which must, at a minimum, must 153 include all of the following: 154 1.The name of the owner of the agricultural land or the 155 owner of the interest in such land. 156 2.The address of the agricultural land, the property 157 appraisers parcel identification number, and the propertys 158 legal description. 159 3.The number of acres of the agricultural land. 160 (b)A foreign principal that fails to timely file a 161 registration with the department is subject to a civil penalty 162 of $1,000 for each day that the registration is late. The 163 department may place a lien against the unregistered 164 agricultural land for the unpaid balance of any penalties 165 assessed under this paragraph. 166 (4)(a)Notwithstanding subsection (1), a foreign principal 167 may acquire a controlling interest in agricultural land on or 168 after July 1, 2023:, 169 1.By devise or descent, through the enforcement of 170 security interests, or through the collection of debts, provided 171 that the foreign principal sells, transfers, or otherwise 172 divests itself of the controlling interest in agricultural land 173 within 3 years after acquiring the controlling interest; or 174 agricultural land. 175 2.For the primary purpose of development and sale of 176 residential units as shown on a final plat if the person or 177 entity provides an affidavit to the Department of Commerce 178 signed under penalty of perjury attesting that the acquisition 179 is primarily for the development and sale of residential units 180 and that those residential units will be offered for sale after 181 the acquisition of the first construction permit. 182 (b)Violations of this subsection are subject to penalties 183 under subsections (7) and (8). 184 (5)(a)At the time of purchase, a buyer of agricultural 185 land or an interest in such land must provide an affidavit 186 signed under penalty of perjury attesting that the buyer is: 187 1.Not a foreign principal; and 188 2.In compliance with the requirements of this section. 189 (b)The failure to obtain or maintain the affidavit does 190 not: 191 1.Affect the title or insurability of the title for the 192 agricultural land; or 193 2.Subject the closing agent to civil or criminal 194 liability, unless the closing agent has actual knowledge that 195 the transaction will result in a violation of this section. 196 (c)The Florida Real Estate Commission shall adopt rules to 197 implement this subsection, including rules establishing the form 198 for the affidavit required under this subsection. 199 (6)(a)The agricultural land or a controlling an interest 200 in such land that is owned or acquired in violation of this 201 section may be forfeited to the state. 202 (b)The Department of Agriculture and Consumer Services may 203 initiate a civil action in the circuit court of the county in 204 which the property lies for the forfeiture of the agricultural 205 land or any interest therein. 206 (c)Upon filing such action, the clerk must record a lis 207 pendens in accordance with s. 48.23. The court must advance the 208 cause on the calendar. The defendant may at any time petition to 209 modify or discharge the lis pendens based upon a finding that 210 there is no probable cause to believe that the agricultural 211 land, or any portion thereof, is owned or held in violation of 212 this section. 213 (d)If the court finds that the agricultural land, or any 214 portion thereof, is owned or held in violation of this section, 215 the court must enter a final judgment of forfeiture vesting 216 title to the agricultural land in this state, subject only to 217 the rights and interests of bona fide lienholders, and such 218 final judgment relates back to the date of the lis pendens. 219 (e)The department may sell the agricultural land subject 220 to a final judgment of forfeiture. Any proceeds from the sale 221 must first be paid to any lienholders of the land, followed by 222 payment of any outstanding fines assessed pursuant to this 223 section, after which the department must be reimbursed for all 224 costs related to the forfeiture civil action and any costs 225 related to the sale of the land. Any remaining proceeds must be 226 paid to the property owner. 227 (f)At any time during the forfeiture proceeding, the 228 department may seek an ex parte order of seizure of the 229 agricultural land upon a showing that the defendants control of 230 the agricultural land constitutes a clear and present danger to 231 the state. 232 (7)A foreign principal that purchases or acquires 233 agricultural land or a controlling any interest therein in 234 violation of this section commits a misdemeanor of the second 235 degree, punishable as provided in s. 775.082 or s. 775.083. 236 (8)A person who knowingly sells agricultural land or a 237 controlling any interest therein in violation of this section 238 commits a misdemeanor of the second degree, punishable as 239 provided in s. 775.082 or s. 775.083. 240 (9)The Department of Agriculture and Consumer Services 241 shall adopt rules to implement this section. 242 Section 3.Section 692.203, Florida Statutes, is amended to 243 read: 244 692.203Purchase of real property on or around military 245 installations or critical infrastructure facilities by foreign 246 principals prohibited. 247 (1)A foreign principal may not directly or indirectly own, 248 or have a controlling interest in, or acquire by purchase, 249 grant, devise, or descent any interest, except a de minimus 250 indirect interest, in real property on or within 10 miles of any 251 military installation or critical infrastructure facility in 252 this state. A foreign principal has a de minimus indirect 253 interest if any ownership is the result of the foreign 254 principals ownership of registered equities in a publicly 255 traded company owning the land and if the foreign principals 256 ownership interest in the company is either: 257 (2)A foreign principal that directly or indirectly owns or 258 acquires a controlling any interest in real property on or 259 within 10 miles of any military installation or critical 260 infrastructure facility in this state before July 1, 2023, may 261 continue to own or hold the controlling interest in such real 262 property, but may not purchase or otherwise acquire a 263 controlling interest in by grant, devise, or descent any 264 additional real property on or within 10 miles of any military 265 installation or critical infrastructure facility in this state. 266 (3)(a)A foreign principal must register with the 267 Department of Commerce Economic Opportunity if the foreign 268 principal owns or acquires a controlling interest in real 269 property on or within 10 miles of any military installation or 270 critical infrastructure facility in this state as authorized 271 under subsection (4) or if the foreign principal owned or 272 acquired a controlling an interest, other than a de minimus 273 indirect interest, in such property before July 1, 2023. The 274 department must establish a form for such registration which 275 must, at a minimum, must include all of the following: 276 1.The name of the owner of the real property. 277 2.The address of the real property, the property 278 appraisers parcel identification number, and the propertys 279 legal description. 280 (b)A foreign principal that fails to timely file a 281 registration with the department is subject to a civil penalty 282 of $1,000 for each day that the registration is late. A foreign 283 principal must register a controlling property interest owned 284 before July 1, 2023, by December 31, 2023. The registration is 285 considered to be late after January 31, 2024. A foreign 286 principal who owns or acquires a controlling interest in real 287 property on or after July 1, 2023, as authorized under 288 subsection (4), must register the real property within 30 days 289 after acquiring the controlling interest property is owned or 290 acquired. The department may place a lien against the 291 unregistered real property for the unpaid balance of any 292 penalties assessed under this paragraph. 293 (4)Notwithstanding subsection (1), a foreign principal who 294 is a natural person may purchase one residential real property 295 that is up to 2 acres in size if all of the following apply: 296 (a)The parcel is not on or within 5 miles of any military 297 installation in this state. 298 (b)The person has a current verified United States Visa 299 that is not limited to authorizing tourist-based travel or 300 official documentation confirming that the person has been 301 granted asylum in the United States, and such visa or 302 documentation authorizes the person to be legally present within 303 this state. 304 (c)The purchase is in the name of the person who holds the 305 visa or official documentation described in paragraph (b). 306 (5)(a)Notwithstanding subsections (1) and (2), a foreign 307 principal may acquire real property or a controlling any 308 interest therein which is on or within 10 miles of any military 309 installation or critical infrastructure facility in this state 310 on or after July 1, 2023:, 311 1.By devise or descent, through the enforcement of 312 security interests, or through the collection of debts, provided 313 that the foreign principal sells, transfers, or otherwise 314 divests itself of such real property or controlling interest 315 within 3 years after acquiring the real property or interest; 316 or. 317 2.For the primary purpose of development and sale of 318 residential units as shown on a final plat if the person or 319 entity provides an affidavit to the Department of Commerce 320 signed under penalty of perjury attesting that the acquisition 321 is primarily for the development and sale of residential units 322 and that those residential units will be offered for sale after 323 the acquisition of the first construction permit. 324 (b)Violations of this subsection are subject to penalties 325 under subsections (7) and (8). 326 (6)(a)At the time of purchase, a buyer of the real 327 property that is on or within 10 miles of any military 328 installation or critical infrastructure facility in this state 329 must provide an affidavit signed under penalty of perjury 330 attesting that the buyer is: 331 1.Not a foreign principal or not a foreign principal 332 prohibited from purchasing the subject real property; and 333 2.In compliance with the requirements of this section. 334 (b)The failure to obtain or maintain the affidavit does 335 not: 336 1.Affect the title or insurability of the title for the 337 real property; or 338 2.Subject the closing agent to civil or criminal 339 liability, unless the closing agent has actual knowledge that 340 the transaction will result in a violation of this section. 341 (c)The Florida Real Estate Commission shall adopt rules to 342 implement this subsection, including rules establishing the form 343 for the affidavit required under this subsection. 344 (7)(a)If any real property is owned or acquired in 345 violation of this section, the real property may be forfeited to 346 the state. 347 (b)The Department of Commerce Economic Opportunity may 348 initiate a civil action in the circuit court of the county in 349 which the property lies for the forfeiture of the real property 350 or any interest therein. 351 (c)Upon filing such action, the clerk must record a lis 352 pendens in accordance with s. 48.23. The court must advance the 353 cause on the calendar. The defendant may at any time petition to 354 modify or discharge the lis pendens based upon a finding that 355 there is no probable cause to believe that the real property, or 356 any portion thereof, is owned or held in violation of this 357 section. 358 (d)If the court finds that the real property, or any 359 portion thereof, is owned or held in violation of this section, 360 the court must enter a final judgment of forfeiture vesting 361 title to the real property in this state, subject only to the 362 rights and interests of bona fide lienholders, and such final 363 judgment relates back to the date of the lis pendens. 364 (e)The department may sell the real property subject to a 365 final judgment of forfeiture. Any proceeds from the sale must 366 first be paid to any lienholders of the land, followed by 367 payment of any outstanding fines assessed pursuant to this 368 section, after which the department must be reimbursed for all 369 costs related to the forfeiture civil action and any costs 370 related to the sale of the land. Any remaining proceeds must be 371 paid to the property owner. 372 (f)At any time during the forfeiture proceeding, the 373 department may seek an ex parte order of seizure of the real 374 property upon a showing that the defendants control of the real 375 property constitutes a clear and present danger to the state. 376 (8)A foreign principal that purchases or acquires real 377 property or a controlling any interest therein in violation of 378 this section commits a misdemeanor of the second degree, 379 punishable as provided in s. 775.082 or s. 775.083. 380 (9)A person who knowingly sells real property or a 381 controlling any interest therein in violation of this section 382 commits a misdemeanor of the second degree, punishable as 383 provided in s. 775.082 or s. 775.083. 384 (10)The Department of Commerce Economic Opportunity shall 385 adopt rules to implement this section. 386 Section 4.Section 692.204, Florida Statutes, is amended to 387 read: 388 692.204Purchase or acquisition of real property by the 389 Peoples Republic of China prohibited. 390 (1)(a)The following persons or entities may not directly 391 or indirectly own or, have a controlling interest in, or acquire 392 by purchase, grant, devise, or descent any interest, except a de 393 minimus indirect interest, in real property in this state: 394 (a)1.The Peoples Republic of China, the Chinese Communist 395 Party, or any official or member of the Peoples Republic of 396 China or the Chinese Communist Party. 397 (b)2.Any other political party or member of a political 398 party or a subdivision of a political party in the Peoples 399 Republic of China. 400 (c)3.A partnership, an association, a corporation, an 401 organization, or any other combination of persons organized 402 under the laws of or having its principal place of business in 403 the Peoples Republic of China, or a subsidiary of such entity. 404 (d)4.Any person who is domiciled in the Peoples Republic 405 of China, unless the person and who is not: 406 1.A citizen or lawful permanent resident of the United 407 States; 408 2.A holder of a current verified visa to enter the United 409 States which does not limit the holder to tourist-based travel; 410 or 411 3.A holder of official documentation confirming that the 412 person has been granted asylum in the United States. 413 (e)5.Any person, entity, or collection of persons or 414 entities described in paragraphs (a)-(d) subparagraphs 1. 415 through 4. having a controlling interest in a partnership, an 416 association, a corporation, an organization, a trust, or any 417 other legal entity or subsidiary formed for the purpose of 418 owning real property in this state. 419 (b)A person or entity has a de minimus indirect interest 420 if any ownership is the result of the persons or entitys 421 ownership of registered equities in a publicly traded company 422 owning the land and if the persons or entitys ownership 423 interest in the company is either: 424 1.Less than 5 percent of any class of registered equities 425 or less than 5 percent in the aggregate in multiple classes of 426 registered equities; or 427 2.A noncontrolling interest in an entity controlled by a 428 company that is both registered with the United States 429 Securities and Exchange Commission as an investment adviser 430 under the Investment Advisers Act of 1940, as amended, and is 431 not a foreign entity. 432 (2)Notwithstanding subsection (1), a natural person 433 described in subsection (1) paragraph (1)(a) may purchase one 434 residential real property that is up to 2 acres in size if all 435 of the following apply: 436 (a)The parcel is not on or within 5 miles of any military 437 installation in this state. 438 (b)The person has a current verified United States Visa 439 that is not limited to authorizing tourist-based travel or 440 official documentation confirming that the person has been 441 granted asylum in the United States and such visa or 442 documentation authorizes the person to be legally present within 443 this state. 444 (c)The purchase is in the name of the person who holds the 445 visa or official documentation described in paragraph (b). 446 (3)A person or entity described in subsection (1) 447 paragraph (1)(a) that directly or indirectly owns or acquires a 448 controlling any interest in real property in this state before 449 July 1, 2023, may continue to own or hold such real property, 450 but may not purchase or otherwise acquire a controlling interest 451 in by grant, devise, or descent any additional real property in 452 this state. 453 (4)(a)A person or entity described in subsection (1) 454 paragraph (1)(a), subsection (2), or paragraph (5)(a) subsection 455 (5) must register with the Department of Commerce Economic 456 Opportunity if the person or entity owns or acquires more than a 457 controlling de minimus indirect interest in real property in 458 this state. The department must establish a form for such 459 registration which, at a minimum, must include all of the 460 following: 461 1.The name of the owner of the real property. 462 2.The address of the real property, the property 463 appraisers parcel identification number, and the propertys 464 legal description. 465 (b)A person or entity that fails to timely file a 466 registration with the department is subject to a civil penalty 467 of $1,000 for each day that the registration is late. The person 468 or entity subject to the registration requirements must register 469 the property or property interests owned or acquired before July 470 1, 2023, by December 31, 2023. The registration is considered to 471 be late 30 days after January 31, 2024. A person or entity that 472 owns or acquires a controlling interest in real property or an 473 interest in real property as authorized under subsection (2) or 474 subsection (5), other than a de minimus indirect interest, on or 475 after July 1, 2023, must register the real property or interest 476 within 30 days after the controlling property or interest is 477 owned or acquired. The department may place a lien against the 478 unregistered real property for the unpaid balance of any 479 penalties assessed under this paragraph. 480 (5)(a)Notwithstanding subsection (1), a person or an 481 entity described in subsection (1) paragraph (1)(a) may acquire 482 a controlling interest in real property in this state on or 483 after July 1, 2023:, 484 1.By devise or descent, through the enforcement of 485 security interests, or through the collection of debts, provided 486 that the person or entity sells, transfers, or otherwise divests 487 itself of such controlling interest real property within 3 years 488 after acquiring the controlling interest real property, unless 489 the person or entity is exempt under s. 692.205; or. 490 2.For the primary purpose of development and sale of 491 residential units as shown on a final plat if the person or 492 entity provides an affidavit to the Department of Commerce 493 signed under penalty of perjury attesting that the acquisition 494 is primarily for the development and sale of residential units 495 and that those residential units will be offered for sale after 496 the acquisition of the first construction permit. 497 (b)Violations of this subsection are subject to penalties 498 under subsections (7) and (8). 499 (6)(a)At the time of purchase, a buyer of real property in 500 this state must provide an affidavit signed under penalty of 501 perjury attesting that the buyer is: 502 1.Not a person or entity described in subsection (1) 503 paragraph (1)(a) or that the buyer is a person described in 504 subsection (1) paragraph (1)(a) but is authorized under 505 subsection (2) to purchase the subject property; and 506 2.In compliance with the requirements of this section. 507 (b)The failure to obtain or maintain the affidavit does 508 not: 509 1.Affect the title or insurability of the title for the 510 real property; or 511 2.Subject the closing agent to civil or criminal 512 liability, unless the closing agent has actual knowledge that 513 the transaction will result in a violation of this section. 514 (c)The Florida Real Estate Commission shall adopt rules to 515 implement this subsection, including rules establishing the form 516 for the affidavit required under this subsection. 517 (7)(a)If any real property is owned or acquired in 518 violation of this section, the real property may be forfeited to 519 the state. 520 (b)The Department of Commerce Economic Opportunity may 521 initiate a civil action in the circuit court of the county in 522 which the property lies for the forfeiture of the real property 523 or any interest therein. 524 (c)Upon filing such action, the clerk must record a lis 525 pendens in accordance with s. 48.23. The court must advance the 526 cause on the calendar. The defendant may at any time petition to 527 modify or discharge the lis pendens based upon a finding that 528 there is no probable cause to believe that the real property, or 529 any portion thereof, is owned or held in violation of this 530 section. 531 (d)If the court finds that the real property, or any 532 portion thereof, is owned or held in violation of this section, 533 the court must enter a final judgment of forfeiture vesting 534 title to the real property in this state, subject only to the 535 rights and interests of bona fide lienholders, and such final 536 judgment relates back to the date of the lis pendens. 537 (e)The department may sell the real property subject to a 538 final judgment of forfeiture. Any proceeds from the sale must 539 first be paid to any lienholders of the land, followed by 540 payment of any outstanding fines assessed pursuant to this 541 section, after which the department must be reimbursed for all 542 costs related to the forfeiture civil action and any costs 543 related to the sale of the land. Any remaining proceeds must be 544 paid to the property owner. 545 (f)At any time during the forfeiture proceeding, the 546 department may seek an ex parte order of seizure of the real 547 property upon a showing that the defendants control of the real 548 property constitutes a clear and present danger to the state. 549 (8)A violation of this section constitutes a felony of the 550 third degree, punishable as provided in s. 775.082, s. 775.083, 551 or s. 775.084. 552 (9)A person who knowingly sells real property or a 553 controlling any interest therein in violation of this section 554 commits a misdemeanor of the first degree, punishable as 555 provided in s. 775.082 or s. 775.083. 556 (10)The Department of Commerce Economic Opportunity shall 557 adopt rules to implement this section. 558 Section 5.Section 704.09, Florida Statutes, is created to 559 read: 560 704.09Creation of easements, servitudes, and other 561 interests affecting real property owned by the same owner. 562 (1)An owner of real property may create an easement, 563 servitude, or other interest in the owners real property, 564 notwithstanding that the owner owns all of the affected real 565 property. 566 (2)An easement, servitude, or other interest in real 567 property created by an owner in the owners real property before 568 the effective date of this act is valid unless invalidated by a 569 court on grounds other than unity of title. 570 Section 6.It is the intent of the Legislature to respect 571 the intent of parties to real property transactions that 572 occurred before the effective date of this act and the parties 573 reliance on easements, servitudes, or other interests created by 574 those transactions. 575 Section 7.The Division of Law Revision is directed to 576 replace the phrase the effective date of this act wherever it 577 occurs in s. 704.09, Florida Statutes, as created by this act, 578 with the date this act becomes a law. 579 Section 8.This act shall take effect upon becoming a law.