Florida Senate - 2024                                     SB 814
       
       
        
       By Senator Yarborough
       
       
       
       
       
       4-00572-24                                             2024814__
    1                        A bill to be entitled                      
    2         An act relating to easements affecting real property
    3         owned by the same owner; creating s. 704.09, F.S.;
    4         authorizing an owner of real property to create an
    5         easement, servitude, or other interest in the owner’s
    6         real property and providing that such easement,
    7         servitude, or other interest is valid; providing
    8         construction and applicability; providing that the act
    9         does not revive or reinstate a right or interest that
   10         has been adjudicated invalid before a certain date;
   11         providing an effective date.
   12          
   13  Be It Enacted by the Legislature of the State of Florida:
   14  
   15         Section 1. Section 704.09, Florida Statutes, is created to
   16  read:
   17         704.09 Creation of easements, servitudes, and other
   18  interests affecting real property owned by the same owner.—
   19         (1) An owner of real property may create an easement,
   20  servitude, or other interest in the owner’s real property, and
   21  such easement, servitude, or other interest is valid
   22  notwithstanding that the owner owns all of the affected real
   23  property.
   24         (2) Subsection (1) clarifies existing law and applies to,
   25  without limitation, any easement, including, but not limited to,
   26  utility easements, access easements, parking easements, negative
   27  easements, environmental easements, and solar easements; surface
   28  water management agreements; or any other rights in the nature
   29  of an easement, servitude, profit, use right, restriction,
   30  obligation, condition, reservation, or other covenant, contained
   31  in a written instrument, whether denominated as an easement,
   32  deed, plat, declaration, covenant, condition, restriction,
   33  servitude, or otherwise.
   34         (3) This section does not revive or reinstate any right or
   35  interest that has been fully and finally adjudicated as invalid
   36  before the effective date of this act.
   37         Section 2. This act shall take effect upon becoming a law.