HB 0879 2003
   
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.