Senate Bill sb2602

    Florida Senate - 2004                                  SB 2602

    By Senator Sebesta





    16-1883-04

  1                      A bill to be entitled

  2         An act relating to use of right-of-way for

  3         utilities; amending s. 337.401, F.S.; providing

  4         that a permit-delegation agreement between the

  5         Department of Transportation and a governmental

  6         entity does not apply to facilities of public

  7         utilities; providing an effective date.

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

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11         Section 1.  Subsection (1) of section 337.401, Florida

12  Statutes, is amended to read:

13         337.401  Use of right-of-way for utilities subject to

14  regulation; permit; fees.--

15         (1)  The department and local governmental entities,

16  referred to in ss. 337.401-337.404 as the "authority," that

17  have jurisdiction and control of public roads or publicly

18  owned rail corridors are authorized to prescribe and enforce

19  reasonable rules or regulations with reference to the placing

20  and maintaining along, across, or on any road or publicly

21  owned rail corridors under their respective jurisdictions any

22  electric transmission, telephone, telegraph, or other

23  communications services lines; pole lines; poles; railways;

24  ditches; sewers; water, heat, or gas mains; pipelines; fences;

25  gasoline tanks and pumps; or other structures hereinafter

26  referred to as the "utility." The department may enter into a

27  permit-delegation agreement with a governmental entity if

28  issuance of a permit is based on requirements that the

29  department finds will ensure the safety and integrity of

30  facilities of the Department of Transportation; however, the

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






    Florida Senate - 2004                                  SB 2602
    16-1883-04




 1  permit-delegation agreement does not apply to facilities of

 2  public utilities.

 3         Section 2.  This act shall take effect July 1, 2004.

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 6                          SENATE SUMMARY

 7    Provides that a permit-delegation agreement between the
      Department of Transportation and a governmental entity
 8    does not apply to facilities of public utilities.

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