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