Florida Statute 704.05 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XL
REAL AND PERSONAL PROPERTY

Chapter 704
EASEMENTS

View Entire Chapter

F.S. 704.05

704.05 Easements and rights of entry.—

(1) The rights and interests in land which are subject to being extinguished by marketable record title pursuant to the provisions of s. 712.04 shall include rights of entry or of an easement, given or reserved in any conveyance or devise of realty, when given or reserved for the purpose of mining, drilling, exploring, or developing for oil, gas, minerals, or fissionable materials, unless those rights of entry or easement are excepted or not affected by the provisions of s. 712.03 or s. 712.04. However, the provisions of this section shall not apply to interests reserved or otherwise held by the state or by any of its agencies, boards, or departments.

(2) Any person claiming such a right of entry or easement may preserve and protect the same from extinguishment by the operation of this act by filing a notice in the form and in accordance with the procedures set forth in ss. 712.05 and 712.06.

(3) This section is intended, and shall be deemed, to operate both prospectively and retrospectively.

(4) The provisions of this section shall not revive any right or interest that was extinguished by the operation of chapter 712 prior to June 6, 1975.

History.—s. 1, ch. 70-100; s. 1, ch. 73-140; s. 1, ch. 75-94; s. 70, ch. 99-3.

F.S. 704.05 on Google Scholar

F.S. 704.05 on Casetext

Amendments to 704.05

Arrestable Offenses / Crimes under Fla. Stat. 704.05

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 704.05.

Annotations, Discussions, Cases:

Cases Citing Statute 704.05

Total Results: 20

Mykel Anthony Nelson v. State of Florida

Court: District Court of Appeal of Florida | Date Filed: 2024-06-28

Snippet: re-sentencing. Compare Martinez v. State, 123 So. 3d 701, 704–05 (Fla. 1st DCA 2013); Lundquist v. State, 254 So

David William Trappman v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2024-02-08

Snippet: imposition of two punishments was appropriate. Id. at 704-05. The foundation for our analysis in Hayes

T.R.W., A CHILD v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2023-02-15

Snippet: will be viewed as a threat.” Romero, 314 So. 3d at 704–05 (quoting Elonis, 575 U.S. at 723). T.R.W. contends

JORGE ARBELAEZ v. MARTHA ORTIZ

Court: District Court of Appeal of Florida | Date Filed: 2022-02-16

Snippet: quash. See Babcock v. Whatmore, 707 So. 2d 702, 704-05 (Fla. 1998) (holding that a defendant waives a

CRICKET KATHLEEN TOOLE v. STATE OF FLORIDA

Court: District Court of Appeal of Florida | Date Filed: 2019-02-20

Citation: 270 So. 3d 371

Snippet: 75 Id. at 705. 76 Id. at 703. 77 Id. at 704–05. 78 Id. at 705. 79 Id. 80 Phillips, 141 So

State v. Espinoza

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1055

Snippet: In United States v. Murgio, 209 F.Supp.3d 698, 704-05 (S.D.N.Y. 2016), a case involving the Florida statutes

State v. Espinoza

Court: District Court of Appeal of Florida | Date Filed: 2019-01-30

Citation: 264 So. 3d 1055

Snippet: In United States v. Murgio, 209 F.Supp.3d 698, 704-05 (S.D.N.Y. 2016), a case involving the Florida statutes

Adam Lloyd Shepard v. State of Florida

Court: Supreme Court of Florida | Date Filed: 2018-11-01

Citation: 259 So. 3d 701

Snippet: statute does not define "weapon." See majority op. at 704-05. Thus, the issue before the Court today is one

STATE OF FLORIDA v. WILLIE J. ANDERSON

Court: District Court of Appeal of Florida | Date Filed: 2018-10-10

Citation: 254 So. 3d 508

Snippet: a crime. See State v. Bullock, 164 So. 3d 701, 704-05 (Fla. 5th DCA 2015) (“Reasonable suspicion can

Woodruff-Sawyer & Co. v. Ghilotti

Court: District Court of Appeal of Florida | Date Filed: 2018-08-29

Citation: 255 So. 3d 423

Snippet: jurisdiction or seeking affirmative relief. 707 So. 2d at 704-05. In such cases, a court does not reach the due

MICHAEL HUDSON v. CITY OF SUNRISE

Court: District Court of Appeal of Florida | Date Filed: 2018-02-14

Citation: 237 So. 3d 1031

Snippet: cause based on the City’s documents. See § 932.704(5)(b), Fla. Stat. (2016); see also Sanchez v. City

The Sampson Farm Limited Partnership v. Parmenter

Court: District Court of Appeal of Florida | Date Filed: 2018-01-17

Citation: 238 So. 3d 387

Snippet: affirmative relief. Babcock v. Whatmore, 707 So. 2d 702, 704-05 (Fla. 1998) (citations omitted) (quoting Hubbard

Rick Scott, in his official capacity etc. v. Gail Francati

Court: District Court of Appeal of Florida | Date Filed: 2017-03-20

Citation: 214 So. 3d 742, 2017 Fla. App. LEXIS 3663

Snippet: considered in a declaratory action. Id. at 704-05 (quoting Martinez v. Scanlan, 582 So.2d 1167, 1170-71

David Gee, Sheriff of Hillsborough County v. Grantland

Court: District Court of Appeal of Florida | Date Filed: 2016-11-09

Citation: 203 So. 3d 992

Snippet: allegations of the complaint. See § 932.704(5)(a). The verified factual allegations state

State of Florida v. C.W., a Child

Court: District Court of Appeal of Florida | Date Filed: 2015-06-17

Citation: 166 So. 3d 950, 2015 Fla. App. LEXIS 9246

Snippet: prosecute.’ ” State v. W.D., 112 So.3d 702, 704-05 (Fla. 4th DCA 2013) (quoting Cleveland v

Stephen H. Snider v. Mary Lou Snider Metcalfe, etc., and Randy Ransom Culler, etc.

Court: District Court of Appeal of Florida | Date Filed: 2015-02-04

Citation: 157 So. 3d 422, 2015 Fla. App. LEXIS 1427

Snippet: to avoid the judgments.” Babcock, 707 So.2d at 704-05; see also Faller, 51 So.3d at 1236 (stating that

Orlando Sanchez v. City of West Palm Beach

Court: District Court of Appeal of Florida | Date Filed: 2014-09-03

Citation: 149 So. 3d 92, 2014 Fla. App. LEXIS 13668, 2014 WL 4328192

Snippet: there was probable cause for the seizure.” § 982.704(5)(b), Fla. Stat. (2013). The evidence Sanchez

State of Florida v. J.C., a child

Court: District Court of Appeal of Florida | Date Filed: 2014-07-09

Citation: 141 So. 3d 756, 2014 WL 3187254, 2014 Fla. App. LEXIS 10523

Snippet: how to prosecute this case. See id. at 704-05. Thus, we reverse and remand the trial court’s

Bretherick v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-11-01

Citation: 135 So. 3d 337, 2013 WL 5849486, 2013 Fla. App. LEXIS 17324

Snippet: immunity provided by section 776.032(1). Section 18-1-704.5(3) of the Colorado statute provides: “Any occupant

Dinkins v. State

Court: District Court of Appeal of Florida | Date Filed: 2013-06-05

Citation: 125 So. 3d 968, 2013 WL 2420338, 2013 Fla. App. LEXIS 8844

Snippet: (Fla. 4th DCA 2009); Gusow v. State, 6 So.3d 699, 704-05 (Fla. 4th DCA 2009). The defendant, with due diligence