Senate Bill sb2048

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    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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    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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