Florida Senate - 2006 COMMITTEE AMENDMENT
Bill No. SB 1394
Barcode 343560
CHAMBER ACTION
Senate House
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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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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.
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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.
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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.
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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
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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
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12 And the title is amended as follows:
13 On page 2, line 16, after the word "excavations"
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15 insert:
16 by surveyors, mappers, or pest control services
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