FL H1139

Creates section 704.09 defining "utility easement" as an easement for providing utility services (water, wastewater, reclaimed water, natural gas, electricity, drainage, and other utility services) created by written grant.

Establishes that utility easements are interests in real property that may be alienated, assigned, divided, transferred, or apportioned by the grantee and successors unless otherwise provided in the creating instrument, and such assignments are not an undue burden on the servient estate.

Amends marketable record title law (sections 712.03 and 712.04) to require specific identification of easements, interests, and use restrictions created before the root of title by book and page number, instrument number, or plat name to preserve them; general references are insufficient.

Revises the definition of "covenant or restriction" in section 712.12 to mean agreements imposed by private parties and not required by governmental agencies as development permit conditions.

Requires persons with interests in land that may be extinguished by this act to file a notice by July 1, 2022, to preserve their interests; amendments apply retroactively to all estates imposed or accepted before, on, or after the effective date.