Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. SB 424
       
       
       
       
       
       
                                Barcode 930062                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  03/10/2009           .                                
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       The Committee on Transportation (Baker) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 8 - 9
    4  and insert:
    5         Section 1. Subsection (5) of section 125.42, Florida
    6  Statutes, is amended to read:
    7         125.42 Water, sewage, gas, power, telephone, other utility,
    8  and television lines along county roads and highways.—
    9         (5) In the event of widening, repair, or reconstruction of
   10  any such road, the licensee shall move or remove such water,
   11  sewage, gas, power, telephone, and other utility lines and
   12  television lines at no cost to the county, except as provided in
   13  s. 337.403(1)(e).
   14         Section 2. Subsection (1) of section 337.403, Florida
   15  Statutes, is amended to read:
   16         337.403 Relocation of utility; expenses.—
   17         (1) Any utility heretofore or hereafter placed upon, under,
   18  over, or along any public road or publicly owned rail corridor
   19  that is found by the authority to be unreasonably interfering in
   20  any way with the convenient, safe, or continuous use, or the
   21  maintenance, improvement, extension, or expansion, of such
   22  public road or publicly owned rail corridor shall, upon 30 days'
   23  written notice to the utility or its agent by the authority, be
   24  removed or relocated by such utility at its own expense except
   25  as provided in paragraphs (a)-(e) (a), (b), and (c).
   26         (a) If the relocation of utility facilities, as referred to
   27  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
   28  627 of the 84th Congress, is necessitated by the construction of
   29  a project on the federal-aid interstate system, including
   30  extensions thereof within urban areas, and the cost of the such
   31  project is eligible and approved for reimbursement by the
   32  Federal Government to the extent of 90 percent or more under the
   33  Federal Aid Highway Act, or any amendment thereof, then in that
   34  event the utility owning or operating such facilities shall
   35  relocate the such facilities upon order of the department, and
   36  the state shall pay the entire expense properly attributable to
   37  such relocation after deducting therefrom any increase in the
   38  value of the new facility and any salvage value derived from the
   39  old facility.
   40         (b) When a joint agreement between the department and the
   41  utility is executed for utility improvement, relocation, or
   42  removal work to be accomplished as part of a contract for
   43  construction of a transportation facility, the department may
   44  participate in those utility improvement, relocation, or removal
   45  costs that exceed the department's official estimate of the cost
   46  of the such work by more than 10 percent. The amount of such
   47  participation shall be limited to the difference between the
   48  official estimate of all the work in the joint agreement plus 10
   49  percent and the amount awarded for this work in the construction
   50  contract for such work. The department may not participate in
   51  any utility improvement, relocation, or removal costs that occur
   52  as a result of changes or additions during the course of the
   53  contract.
   54         (c) When an agreement between the department and utility is
   55  executed for utility improvement, relocation, or removal work to
   56  be accomplished in advance of a contract for construction of a
   57  transportation facility, the department may participate in the
   58  cost of clearing and grubbing necessary to perform such work.
   59         (d) If the utility facility being removed or relocated was
   60  initially installed to exclusively serve the department, its
   61  tenants, or both, the department shall bear the costs of
   62  removing or relocating that utility facility. However, the
   63  department is not responsible for bearing the cost of removing
   64  or relocating any subsequent additions to that facility for the
   65  purpose of serving others.
   66         (e) If, under an agreement between a utility and the
   67  authority entered into after the effective date of this
   68  subsection, the utility conveys, subordinates, or relinquishes a
   69  compensable property right to the authority for the purpose of
   70  accommodating the acquisition or use of the right-of-way by the
   71  authority, without the agreement expressly addressing future
   72  responsibility for the cost of removing or relocating the
   73  utility, the authority shall bear the cost of removal or
   74  relocation. This paragraph does not impair or restrict, and may
   75  not be used to interpret, the terms of any such agreement
   76  entered into before the effective date of this paragraph.
   77  
   78  ================= T I T L E  A M E N D M E N T ================
   79         And the title is amended as follows:
   80         Delete lines 2 - 4
   81  and insert:
   82         An act relating to transportation; amending s. 125.42,
   83  F.S.; providing for counties to incur certain costs related to
   84  the relocation or removal of certain utility facilities under
   85  specified circumstances; amending s. 337.403, F.S.; providing
   86  for the department or local governmental entity to pay certain
   87  costs of removal or relocation of a utility facility that is
   88  found to be interfering with the use, maintenance, improvement,
   89  extension, or expansion of a public road or publicly owned rail
   90  corridor under described circumstances;