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| 1 | A bill to be entitled | ||
| 2 | An act relating to utility easements; creating s. 704.09, | ||
| 3 | F.S.; providing for the creation of electric utility | ||
| 4 | easements; providing for the extent of such easements; | ||
| 5 | providing exceptions; providing an effective date. | ||
| 6 | |||
| 7 | Be It Enacted by the Legislature of the State of Florida: | ||
| 8 | |||
| 9 | Section 1. Section 704.09, Florida Statutes, is created to | ||
| 10 | read: | ||
| 11 | 704.09 Electric utility easements; creation; extent; | ||
| 12 | exceptions.-- | ||
| 13 | (1) When an electric utility, as defined in s. 366.02(2), | ||
| 14 | has heretofore or hereafter constructed, operated, and | ||
| 15 | maintained electric facilities over, under, upon, or across the | ||
| 16 | owner's lands for a period of 2 years without landowner | ||
| 17 | objection, an easement for such facilities shall be conclusively | ||
| 18 | deemed to have been granted by the landowner to the electric | ||
| 19 | utility. The extent of the easement shall be 10 feet on both | ||
| 20 | sides of the center line of the facilities or the minimum | ||
| 21 | clearance distance from all sides of the facilities to comply | ||
| 22 | with the most current edition of the National Electrical Safety | ||
| 23 | Code and all applicable state and local regulations, whichever | ||
| 24 | is the greater distance. | ||
| 25 | (2) This section shall not apply to the construction, | ||
| 26 | operation, and maintenance of electric facilities on lands where | ||
| 27 | the owner of said lands has contested the easement by suit | ||
| 28 | commenced within 2 years after the effective date of this | ||
| 29 | section, nor shall it apply to lands owned by governmental | ||
| 30 | entities. | ||
| 31 | (3) This section shall not diminish claims or rights to | ||
| 32 | easements already acquired or in existence by prescription on | ||
| 33 | the effective date of this section, and subsection (2) shall not | ||
| 34 | apply to owners of interests in land already subject to claims | ||
| 35 | or rights to easements acquired or in existence by prescription. | ||
| 36 | (4) Utility easements established by this section shall | ||
| 37 | include the rights to operate, maintain, repair, and upgrade the | ||
| 38 | electric facilities and to keep the easement area free of uses, | ||
| 39 | obstructions, structures, trees, and other vegetation that would | ||
| 40 | interfere with the utility's use and occupation of the easement | ||
| 41 | area. | ||
| 42 | Section 2. This act shall take effect upon becoming a law. | ||