| 1 | The Local Government Council recommends the following: |
| 2 |
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| 3 | Council/Committee Substitute |
| 4 | Remove the entire bill and insert: |
| 5 | A bill to be entitled |
| 6 | An act relating to statutory ways of necessity; amending |
| 7 | s. 704.01, F.S.; revising criteria for establishing a |
| 8 | statutory way of necessity exclusive of common-law right; |
| 9 | providing an effective date. |
| 10 |
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| 11 | Be It Enacted by the Legislature of the State of Florida: |
| 12 |
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| 13 | Section 1. Subsection (2) of section 704.01, Florida |
| 14 | Statutes, is amended to read: |
| 15 | 704.01 Common-law and statutory easements defined and |
| 16 | determined.-- |
| 17 | (2) STATUTORY WAY OF NECESSITY EXCLUSIVE OF COMMON-LAW |
| 18 | RIGHT.--Based on public policy, convenience, and necessity, a |
| 19 | statutory way of necessity exclusive of any common-law right |
| 20 | exists when any land or portion thereof outside any municipality |
| 21 | which is being used or desired to be used for a dwelling or |
| 22 | dwellings or for agricultural or for timber raising or cutting |
| 23 | or stockraising purposes shall be shut off or hemmed in by |
| 24 | lands, fencing, or other improvements of other persons so that |
| 25 | no practicable route of egress or ingress shall be available |
| 26 | therefrom to the nearest practicable public road or private road |
| 27 | in which the landlocked owner has vested easement rights. The |
| 28 | owner or tenant thereof, or anyone in their behalf, lawfully may |
| 29 | use and maintain an easement for persons, vehicles, stock, |
| 30 | franchised cable television service, and any utility service, |
| 31 | including, but not limited to, water, wastewater, reclaimed |
| 32 | water, natural gas, electricity, and telephone service, over, |
| 33 | under, through, and upon the lands which lie between the said |
| 34 | shut-off or hemmed-in lands and such public road or private road |
| 35 | in which the landlocked owner has vested easement rights by |
| 36 | means of the nearest practical route, considering the use to |
| 37 | which said lands are being put; and the use thereof, as |
| 38 | aforesaid, shall not constitute a trespass; nor shall the party |
| 39 | thus using the same be liable in damages for the use thereof,; |
| 40 | provided that such easement shall be used only in an orderly and |
| 41 | proper manner. |
| 42 | Section 2. This act shall take effect July 1, 2005. |