House Bill 2189

CODING: Words stricken are deletions; words underlined are additions.







    Florida House of Representatives - 2000                HB 2189

        By Representative Dockery






  1                      A bill to be entitled

  2         An act relating to underground facilities;

  3         amending s. 556.105, F.S.; requiring hand

  4         digging or vacuum excavation of certain areas

  5         for certain purposes prior to any excavation or

  6         demolition; providing additional requirements;

  7         amending s. 556.107, F.S.; specifying an

  8         additional noncriminal infraction; providing a

  9         penalty; amending s. 556.108, F.S.; providing

10         an additional exception to certain notice

11         requirements for certain excavations; providing

12         an effective date.

13

14  Be It Enacted by the Legislature of the State of Florida:

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16         Section 1.  Paragraph (c) is added to subsection (6) of

17  section 556.105, Florida Statutes, to read:

18         556.105  Procedures.--

19         (6)

20         (c)  Wherever an underground facility has been marked

21  or otherwise designated by a member operator within a proposed

22  work area, the excavator shall not perform any excavation or

23  demolition using any mechanized means, including, but not

24  limited to, boring, trenching with machinery, driving

25  reinforcing rods, grading, or any other mechanized or powered

26  means, within or which may come within 2 feet of the outer

27  edge of any side of the marked or designated underground

28  facility, which is defined as the 2-foot tolerance zone,

29  unless, prior to such excavation or demolition, the excavator

30  hand digs or vacuum excavates to verify the exact position,

31  consisting of the location, type, size, direction of run, or

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2189

    578-135-00






  1  depth, of the underground facility for purposes of avoiding

  2  damage to the underground facility.  Such hand digging or

  3  vacuum excavation shall be performed at least every 25 feet

  4  for the length of any such excavation or demolition within the

  5  2-foot tolerance zone.  Such verification shall be completed

  6  before any excavation or demolition is commenced on a project,

  7  or shall be performed as the work progresses so long as the

  8  exact position is verified prior to any such excavation or

  9  demolition in a particular work area.  Notwithstanding this

10  paragraph, an excavator may use any mechanized means of

11  removal of pavement or masonry only to the depth of such

12  pavement or masonry.

13         Section 2.  Paragraph (a) of subsection (1) of section

14  556.107, Florida Statutes, is amended to read:

15         556.107  Violations.--

16         (1)  NONCRIMINAL INFRACTIONS.--

17         (a)  Violations of the following provisions are

18  noncriminal infractions:

19         1.  Section 556.105(1), relating to providing required

20  information.

21         2.  Section 556.105(6), relating to the avoidance of

22  excavation.

23         3.  Section 556.105(11), relating to the need to stop

24  excavation or demolition.

25         4.  Section 556.105(12), relating to the need to cease

26  excavation or demolition activities.

27         5.  Section 556.105(6)(c), relating to verification of

28  underground facilities.

29         Section 3.  Subsection (6) is added to section 556.108,

30  Florida Statutes, to read:

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CODING: Words stricken are deletions; words underlined are additions.






    Florida House of Representatives - 2000                HB 2189

    578-135-00






  1         556.108  Exemptions.--The notification requirements

  2  provided in s. 556.105(1) do not apply to:

  3         (6)  Any excavation to a depth of no more than 10

  4  inches to extend a member operator's underground facilities on

  5  single-family residential property to be served by such

  6  facilities.

  7         Section 4.  This act shall take effect upon becoming a

  8  law.

  9

10            *****************************************

11                          HOUSE SUMMARY

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      Requires hand digging or vacuum excavation of areas
13    within a 2-foot tolerance zone surrounding underground
      facilities prior to any excavation or demolition to
14    locate the exact position of the underground facility.
      Specifies an additional noncriminal infraction for
15    failure to comply with such requirement. Provides an
      additional exception to notification requirements for
16    minimal excavations to extend a member operator's
      underground facilities on single-family residential
17    property to be served by such facilities.

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