Florida Senate - 2006                      COMMITTEE AMENDMENT
    Bill No. SB 1394
                        Barcode 343560
                            CHAMBER ACTION
              Senate                               House
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 1           Comm: FAV             .                    
       03/07/2006 09:17 AM         .                    
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11  The Committee on Communications and Public Utilities (Miller)
12  recommended the following amendment:
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14         Senate Amendment (with title amendment) 
15         On page 15, line 22, through
16            page 18, line 10, delete those lines
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18  and insert:  collected by the clerk shall be retained by the
19  clerk for deposit into the fine and forfeiture fund
20  established pursuant to s. 142.01. Any person who fails to
21  appear or otherwise properly respond to a citation issued
22  pursuant to paragraph (d) shall, in addition to the citation,
23  be charged with the offense of failing to respond to such
24  citation and, upon conviction, commits be guilty of a
25  misdemeanor of the second degree, punishable as provided in s.
26  775.082 or s. 775.083.  A written warning to this effect shall
27  be provided at the time any citation is issued pursuant to
28  paragraph (b).
29         (d)  Any person cited for an infraction under paragraph
30  (a), unless required to appear before the county court, may:
31         1.  Post a bond, which shall be equal in amount to the
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    4:14 PM   03/01/06                             s1394c-cu18-t01

Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1394 Barcode 343560 1 applicable civil penalty, plus fees or court costs; or 2 2. Sign and accept a citation indicating a promise to 3 appear before the county court. 4 5 The person issuing the citation officer may indicate on the 6 citation the time and location of the scheduled hearing and 7 shall indicate the applicable civil penalty. 8 (e) Any person charged with a noncriminal infraction 9 under paragraph (a), unless required to appear before the 10 county court, may: 11 1. Pay the civil penalty plus fees and court costs, in 12 lieu of appearance, either by mail or in person, within 30 10 13 days after the date of receiving the citation; or 14 2. Forfeit bond, if a bond has been posted, by not 15 appearing at the designated time and location. 16 17 If the person cited follows either of the above procedures, 18 she or he is shall be deemed to have admitted to committing 19 the infraction and to have waived the right to a hearing on 20 the issue of commission of the infraction. The Such admission 21 may be used as evidence in any other proceeding under this 22 act. 23 (f) Any person electing to appear before the county 24 court or who is required to appear shall be deemed to have 25 waived the limitations on the civil penalty specified in 26 paragraph (c). The court, after a hearing, shall make a 27 determination as to whether an infraction has been committed. 28 If the commission of an infraction has been proven, the court 29 may impose a civil penalty not to exceed $5,000, plus court 30 costs. In determining the amount of the civil penalty, the 31 court may consider previous noncriminal infractions committed. 2 4:14 PM 03/01/06 s1394c-cu18-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1394 Barcode 343560 1 (g) At a hearing under this chapter, the commission of 2 a charged infraction must be proven by a preponderance of the 3 evidence. 4 (h) If a person is found by the hearing official to 5 have committed an infraction, the such person may appeal that 6 finding to the circuit court. 7 (i) Sunshine State One-Call of Florida, Inc., may, at 8 its own cost, retain an attorney to assist in the presentation 9 of relevant facts and law in the county court proceeding 10 pertaining to the citation issued under this section. The 11 corporation may also appear in any case appealed to the 12 circuit court if a county court finds that an infraction of 13 the chapter was committed. An appellant in the circuit court 14 proceeding shall timely notify the corporation of any appeal 15 under this section. 16 (2) MISDEMEANORS.--Any person who knowingly and 17 willfully removes or otherwise destroys the valid stakes or 18 other valid physical markings described in s. 556.105(5)(b) s. 19 556.105(4)(b) and (c) used to mark the horizontal route of an 20 underground facility commits a misdemeanor of the second 21 degree, punishable as provided in s. 775.082 or s. 775.083. 22 For purposes of this subsection, stakes or other nonpermanent 23 physical markings are considered valid for 30 20 calendar days 24 after information is provided to the system under s. 25 556.105(1)(c). 26 Section 1. Subsection (4) of section 556.108, Florida 27 Statutes, is amended to read: 28 556.108 Exemptions.--The notification requirements 29 provided in s. 556.105(1) do not apply to: 30 (4) Any excavation of 18 inches or less for: 31 (a) Surveying public or private property by surveyors 3 4:14 PM 03/01/06 s1394c-cu18-t01
Florida Senate - 2006 COMMITTEE AMENDMENT Bill No. SB 1394 Barcode 343560 1 or mappers as defined in chapter 472 and services performed by 2 a pest control licensee under chapter 482, excluding marked 3 rights-of-way, marked easements, or permitted uses where 4 marked, if provided mechanized equipment is not used in the 5 process of such surveying or pest control services and the 6 surveying or pest control services are is performed in 7 accordance with the practice rules established under s. 8 472.027 or s. 482.051; or 9 10 11 ================ T I T L E A M E N D M E N T =============== 12 And the title is amended as follows: 13 On page 2, line 16, after the word "excavations" 14 15 insert: 16 by surveyors, mappers, or pest control services 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 4:14 PM 03/01/06 s1394c-cu18-t01