Senate Bill sb2048
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2048
By Senator Bennett
21-945-03
1 A bill to be entitled
2 An act relating to electric utility easements;
3 creating s. 704.09, F.S.; providing for the
4 creation of such easements by continuous use;
5 providing exceptions, limitations, and rights
6 of use; providing an effective date.
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8 Be It Enacted by the Legislature of the State of Florida:
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10 Section 1. Section 704.09, Florida Statutes, is
11 created to read:
12 704.09 Electric utility easements; creation; extent;
13 exceptions.--
14 (1) When an electric utility, as defined in s. 366.02,
15 has constructed, operated, or maintained electric facilities
16 over, under, upon, or across an owner's lands for a period of
17 2 years without landowner objection, an easement for such
18 facilities is conclusively deemed to be granted by the
19 landowner to the electric utility. The extent of the easement
20 is 10 feet on both sides of the center line of the facilities,
21 or the minimum clearance distances from all sides of the
22 facilities to comply with the most current edition of the
23 National Electrical Safety Code and all applicable state and
24 local regulations, whichever is greater.
25 (2) This section does not apply to the construction,
26 operation, or maintenance of electric facilities on lands
27 where the owner has contested the same by suit commenced
28 within 2 years after July 1, 2003, nor to lands owned by
29 governmental entities.
30 (3) This section does not limit claims or rights to
31 easements acquired or in existence by prescription on July 1,
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 2003 SB 2048
21-945-03
1 2003, nor does subsection (2) apply to owners of interests in
2 land subject to claims or rights to easements acquired, or in
3 existence by prescription on July 1, 2003.
4 (4) Utility easements established by this section
5 include the rights to operate, maintain, repair, and upgrade
6 the electric facilities, and to keep the easement area free of
7 uses, obstructions, structures, trees, and other vegetation
8 that would interfere with the utility's use and occupation of
9 the easement area.
10 Section 2. This act shall take effect July 1, 2003.
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13 SENATE SUMMARY
14 Creates electric utility easements after a period of 2
years' use by a utility on private lands. Provides
15 exceptions. (See bill for details.)
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CODING: Words stricken are deletions; words underlined are additions.