Florida Senate - 2024                        COMMITTEE AMENDMENT
       Bill No. SB 814
       
       
       
       
       
       
                                Ì5779300Î577930                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  02/21/2024           .                                
                                       .                                
                                       .                                
                                       .                                
       —————————————————————————————————————————————————————————————————




       —————————————————————————————————————————————————————————————————
       The Committee on Rules (Yarborough) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Section 704.09, Florida Statutes, is created to
    6  read:
    7         704.09 Creation of easements, servitudes, and other
    8  interests affecting real property owned by the same owner.—
    9         (1) An owner of real property may create an easement,
   10  servitude, or other interest in the owner’s real property,
   11  notwithstanding that the owner owns all of the affected real
   12  property.
   13         (2) An easement, servitude, or other interest in real
   14  property created by an owner in the owner’s real property prior
   15  to the effective date of this act is valid unless invalidated by
   16  a court on grounds other than unity of title.
   17         Section 2. This act is intended to respect the intent of
   18  parties to real property transactions that occurred prior to the
   19  effective date of this act and the parties’ reliance on
   20  easements, servitudes, or other interests created by those
   21  transactions.
   22         Section 3. The Division of Law Revision is directed to
   23  replace the phrase “the effective date of this act” wherever it
   24  occurs in s. 704.09, Florida Statutes, as created by this act,
   25  with the date this act becomes a law.
   26         Section 4. This act shall take effect upon becoming a law.
   27  
   28  ================= T I T L E  A M E N D M E N T ================
   29  And the title is amended as follows:
   30         Delete everything before the enacting clause
   31  and insert:
   32                        A bill to be entitled                      
   33         An act relating to easements affecting real property
   34         owned by the same owner; creating s. 704.09, F.S.;
   35         authorizing an owner of real property to create an
   36         easement, servitude, or other interest in the owner’s
   37         real property; providing that such easement,
   38         servitude, or other interest is valid; providing an
   39         exception; providing legislative intent; providing a
   40         directive to the Division of Law Revision; providing
   41         an effective date.