CODING: Words stricken are deletions; words underlined are additions.House Bill 0535
Florida House of Representatives - 1997 HB 535
By Representative Bloom
1 A bill to be entitled
2 An act relating to the Underground Facility
3 Damage Prevention and Safety Act; amending s.
4 556.101, F.S.; revising legislative intent;
5 amending s. 556.102, F.S.; revising a
6 definition; amending s. 556.103, F.S.;
7 requiring membership in a specified
8 corporation; amending s. 556.104, F.S.;
9 requiring participation in a specified system;
10 amending s. 556.110, F.S.; providing for
11 monthly assessments for operating costs;
12 exempting member operators from certain
13 assessments under certain circumstances;
14 repealing s. 556.106(2)(e), F.S., relating to
15 certain required duties of excavators relating
16 to notice; providing an effective date.
17
18 Be It Enacted by the Legislature of the State of Florida:
19
20 Section 1. Subsection (3) of section 556.101, Florida
21 Statutes, is amended to read:
22 556.101 Short title; legislative intent.--
23 (3) It is the purpose of this act to:
24 (a) Aid the public by preventing injury to persons or
25 property and the interruption of services resulting from
26 damage to an underground facility caused by excavation or
27 demolition operations.
28 (b) Create a not-for-profit corporation comprised of
29 operators of underground facilities in this state to
30 administer the provisions of this act.
31
1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 535
252-340-97
1 (c) Fund the cost of administration entirely and
2 exclusively by assessed contributions from the member
3 operators.
4
5 It is not the purpose of this act to create liability for
6 negligence on the part of any operator of an underground
7 facility who elects to not participate in the one-call
8 notification system created by this act.
9 Section 2. Subsection (7) of section 556.102, Florida
10 Statutes, is amended to read:
11 556.102 Definitions.--As used in this act:
12 (7) "Member operator" means any person who furnishes
13 or transports materials or services by means of an underground
14 facility and who elects to participate as a member of the
15 one-call notification center for any portion of the territory
16 served by the person.
17 Section 3. Subsection (1) of section 556.103, Florida
18 Statutes, is amended to read:
19 556.103 Creation of the corporation; establishment of
20 the board of directors; authority of the board; annual
21 report.--
22 (1) The "Sunshine State One-Call of Florida, Inc." is
23 hereby created as a not-for-profit corporation. Each Any
24 operator of an underground facility in this state shall may be
25 a member of the corporation and shall may use and participate
26 in the system. The corporation shall be formed by June 1,
27 1993. The corporation shall administer the provisions of this
28 act. The corporation shall exercise its powers through a
29 board of directors established pursuant to this section.
30 Section 4. Section 556.104, Florida Statutes, is
31 amended to read:
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 1997 HB 535
252-340-97
1 556.104 One-call notification system.--The corporation
2 shall establish a one-call toll-free telephone notification
3 system which shall be operational by June 1, 1994. Any person
4 who furnishes or transports materials or services by means of
5 an underground facility in this state shall may elect to
6 participate as a member operator of the system. The purpose
7 of the system is to receive notification of planned excavation
8 or demolition activities and to notify member operators of
9 such planned excavation or demolition activities. The system
10 shall provide a single toll-free telephone number within this
11 state which excavators can use to notify member operators of
12 planned excavation or demolition activities.
13 Section 5. Section 556.110, Florida Statutes, is
14 amended to read:
15 556.110 Costs assessed among member operators.--Member
16 operators shall proportionately share in the cost of operating
17 the system through monthly assessments made upon each member
18 operator. However, any member which receives fewer than 10
19 notifications in any month shall not be assessed for such
20 month.
21 Section 6. Paragraph (e) of subsection (2) of section
22 556.106, Florida Statutes, is hereby repealed.
23 Section 7. This act shall take effect upon becoming a
24 law.
25
26 *****************************************
27 HOUSE SUMMARY
28
Requires, rather than authorizes, operators of
29 underground facilities to be members of Sunshine State
One-Call of Florida, Inc. Provides for monthly
30 assessments of operators except operators who receive
less than 10 notifications in a month. See bill for
31 details.
3