CODING: Words stricken are deletions; words underlined are additions.House Bill 1263e1
CS/HB 1263, First Engrossed/ntc
1 A bill to be entitled
2 An act relating to underground facilities
3 damage prevention and safety; amending s.
4 556.106, F.S.; specifying liability for damage
5 occurring in certain excavations; amending s.
6 556.108, F.S.; revising certain exemptions from
7 notification requirements; providing an
8 effective date.
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10 Be It Enacted by the Legislature of the State of Florida:
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12 Section 1. Subsection (5) is added to section 556.106,
13 Florida Statutes, to read:
14 556.106 Liability of the member operator, excavator,
15 and system.--
16 (5) An excavator who performs any excavation with hand
17 tools pursuant to s. 556.108(5) is liable for any damage to
18 any operator's underground facilities damaged during such
19 excavation.
20 Section 2. Subsection (4) of section 556.108, Florida
21 Statutes, 1996 Supplement, is amended, and subsection (5) is
22 added to said section, to read:
23 556.108 Exemptions.--The notification requirements
24 provided in s. 556.105(1) do not apply to:
25 (4) Any excavation of 18 inches or less for:
26 (a) Surveying public or private property by surveyors
27 or mappers as defined in chapter 472, excluding marked
28 rights-of-way, marked easements, or permitted uses where
29 marked, provided mechanized equipment is not used in the
30 process of such surveying and the surveying is performed in
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CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1263, First Engrossed/ntc
1 accordance with the practice rules established under s.
2 472.027;
3 (b) Locating or protecting underground facilities,
4 provided no mechanized equipment is used in the process of
5 locating or protecting such underground facilities;
6 (c) Extending underground facilities from an easement,
7 right-of-way, or area of permitted use onto the four-family,
8 three-family, two-family, or single-family residential
9 property of the person to be served by such facilities,
10 provided that, in the process of such extension, no mechanized
11 equipment is used on any operator's marked right-of-way,
12 easement, or permitted use; or
13 (b)(d) Maintenance activities performed by a state
14 agency and its employees when such activities are within the
15 right-of-way of a public road, provided, if a member operator
16 has permanently marked facilities on such right-of-way, no
17 mechanized equipment may be used without first providing
18 notification.
19 (5) Any excavation with hand tools by a member
20 operator or an agent of a member operator for:
21 (a) Locating, repairing, connecting, or protecting, or
22 routine maintenance of, the member operator's underground
23 facilities; or
24 (b) The extension of a member operator's underground
25 facilities onto the property of a person to be served by such
26 facilities.
27 (c) The exemption provided in paragraphs (a) and (b)
28 is limited to excavations to a depth of 30 inches if the
29 right-of-way has permanently marked facilities of a company
30 other than the member operator or its agents performing the
31 excavation.
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CODING: Words stricken are deletions; words underlined are additions.
CS/HB 1263, First Engrossed/ntc
1 Section 3. This act shall take effect October 1, 1997.
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