Senate Bill sb1394

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    Florida Senate - 2006                                  SB 1394

    By Senator Miller





    18-889A-06

  1                      A bill to be entitled

  2         An act relating to damage prevention and safety

  3         of underground facilities; amending s. 556.101,

  4         F.S.; providing legislative intent that

  5         Sunshine State One-Call of Florida, Inc., is

  6         not required or permitted to locate or mark

  7         underground facilities; amending s. 556.102,

  8         F.S.; redefining the term "member operator" to

  9         remove an exception for a small municipality

10         that elects not to participate in the

11         notification system; amending ss. 556.103 and

12         556.104, F.S.; deleting provisions exempting a

13         small city from membership in the Sunshine

14         State One-Call of Florida, Inc.; amending s.

15         556.105, F.S.; requiring that specified

16         information be placed in the excavation

17         notification system; providing an exception for

18         underwater excavations; providing that the

19         information is valid for 30 calendar days;

20         requiring that a notification number assigned

21         to an excavator be provided to a law

22         enforcement officer, government code inspector,

23         or code enforcement officer upon request;

24         requiring that a member operator respond to the

25         system within a specified time indicating the

26         status of its facility protection operations;

27         requiring the corporation to establish a

28         communication system between member operators

29         and excavators; requiring an excavator to

30         verify the system's positive responses before

31         beginning excavation; requiring operators to

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    Florida Senate - 2006                                  SB 1394
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 1         use a specified color-code manual; amending s.

 2         556.106, F.S.; providing that the notification

 3         system has no duty to and may not mark or

 4         locate underground facilities; providing that a

 5         person has no right of recovery against the

 6         notification system for failing to mark or

 7         locate underground facilities; providing that

 8         the system is not liable for the failure of a

 9         member operator to comply with the requirements

10         of the act; amending s. 556.107, F.S.;

11         correcting cross-references; providing for the

12         distribution of civil penalties; authorizing

13         the corporation to retain legal counsel to

14         represent the corporation in certain legal

15         proceedings; amending s. 556.108, F.S.;

16         providing that certain excavations are exempt

17         from mandatory location notification if

18         mechanized equipment is not used; providing an

19         effective date.

20  

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

22  

23         Section 1.  Section 556.101, Florida Statutes, is

24  amended to read:

25         556.101  Short title; legislative intent.--

26         (1)  This act may be cited as the "Underground Facility

27  Damage Prevention and Safety Act."

28         (2)  It is the intent of the Legislature to provide

29  access for excavating contractors and the public to provide

30  notification to the system of their intent to engage in

31  excavation or demolition.  This notification system shall

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    Florida Senate - 2006                                  SB 1394
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 1  provide the member operators an opportunity to identify and

 2  locate their underground facilities. Under this notification

 3  system, Sunshine State One-Call of Florida, Inc., is not

 4  required or permitted to locate or mark underground

 5  facilities.

 6         (3)  It is the purpose of this act to:

 7         (a)  Aid the public by preventing injury to persons or

 8  property and the interruption of services resulting from

 9  damage to an underground facility caused by excavation or

10  demolition operations.

11         (b)  Create a not-for-profit corporation comprised of

12  operators of underground facilities in this state to

13  administer the provisions of this act.

14         (c)  Fund the cost of administration through

15  contributions from the member operators for services provided

16  to the member operators and from charges made to others for

17  services requested and provided, such as record searches,

18  education or training, and damage prevention activities.

19         (d)  Reserve to the state the power to regulate any

20  subject matter specifically addressed in this act.

21         (e)  Permit any local law enforcement officer, local

22  government code inspector, or code enforcement officer or

23  permitting agency inspector to enforce this act without the

24  need to incorporate the provisions of this act into any local

25  code or ordinance.

26         (4)  It is not the purpose of this act to amend or void

27  any permit issued by a state agency for placement or

28  maintenance of facilities in its right-of-way.

29         Section 2.  Subsection (8) of section 556.102, Florida

30  Statutes, is amended to read:

31         556.102  Definitions.--As used in this act:

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 1         (8)  "Member operator" means any person who furnishes

 2  or transports materials or services by means of an underground

 3  facility except a small municipality that has elected not to

 4  participate in the one-call notification system in the manner

 5  set forth in s. 556.103(1).

 6         Section 3.  Subsection (1) of section 556.103, Florida

 7  Statutes, is amended to read:

 8         556.103  Creation of the corporation; establishment of

 9  the board of directors; authority of the board; annual

10  report.--

11         (1)  The "Sunshine State One-Call of Florida, Inc." is

12  hereby created as a not-for-profit corporation.  Each operator

13  of an underground facility in this state shall be a member of

14  the corporation and shall use and participate in the system,

15  except that a small city as defined in s. 120.52 may elect by

16  January 1, 1998, not to participate in the system until

17  January 1, 2003, through a written notification identifying

18  any reasons for declining membership.  The corporation shall

19  be formed by June 1, 1993.  The corporation shall administer

20  the provisions of this act.  The corporation shall exercise

21  its powers through a board of directors established pursuant

22  to this section.

23         Section 4.  Section 556.104, Florida Statutes, is

24  amended to read:

25         556.104  Free-access notification system.--The

26  corporation shall maintain a free-access notification system.

27  Any person who furnishes or transports materials or services

28  by means of an underground facility in this state shall

29  participate as a member operator of the system except that a

30  small city as defined in s. 120.52 may elect not to

31  participate in the system in the manner set forth in s.

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 1  556.103(1). The purpose of the system is to receive

 2  notification of planned excavation or demolition activities

 3  and to notify member operators of the such planned excavation

 4  or demolition activities.  The system shall provide a single

 5  toll-free telephone number within this state which excavators

 6  can use to notify member operators of planned excavation or

 7  demolition activities, and the system may also provide

 8  additional modes of access at no cost to the user.

 9         Section 5.  Section 556.105, Florida Statutes, is

10  amended to read:

11         556.105  Procedures.--

12         (1)(a)  Not less than 2 nor more than 5 full business

13  days before beginning any excavation or demolition, except an

14  excavation beneath the waters of the state, an excavator shall

15  provide the following information through the system:

16         1.  The name of the individual who provided

17  notification and the name, address, including the street

18  address, city, state, zip code, and telephone number of her or

19  his employer.

20         2.  The name and telephone number of the representative

21  for the excavator and a valid electronic address to facilitate

22  a positive response by the system should be provided, if

23  available.

24         3.  The county, the city or closest city, and the

25  street address or the closest street, road, or intersection to

26  the location where the excavation or demolition is to be

27  performed, and the construction limits of the excavation or

28  demolition.

29         4.  The commencement date and anticipated duration of

30  the excavation or demolition.

31  

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    Florida Senate - 2006                                  SB 1394
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 1         5.  Whether machinery will be used for the excavation

 2  or demolition.

 3         6.  The person or entity for whom the work is to be

 4  done.

 5         7.  The type of work to be done.

 6         8.  The approximate depth of the excavation.

 7         (b)  The excavator shall provide the such information

 8  by notifying the system through its free-access notification

 9  system during business hours, as determined by the

10  corporation, or by such other method as authorized by the

11  corporation.  Any notification received by the system at any

12  time other than during business hours shall be considered to

13  be received at the beginning of the next business day.

14         (c)  Information provided by an excavator is shall be

15  considered valid for 30 a period of 20 calendar days after the

16  each date such information is provided to the system.  In

17  computing the period for which information furnished is

18  considered valid, the date the notice is provided is shall not

19  be counted, but the last day of the such period shall be

20  counted unless it is a Saturday, Sunday, or a legal holiday,

21  in which event, the period runs shall run until the end of the

22  next day that which is not a Saturday, Sunday, or a legal

23  holiday.

24         (2)  Each notification by means of the system shall be

25  recorded to document compliance with this act.  Such record

26  may be made by means of electronic, mechanical, or any other

27  method of all incoming and outgoing wire and oral

28  communications concerning location requests in compliance with

29  chapter 934.  The Such records shall be kept for a period of 5

30  years and, upon written request, shall be available to the

31  excavator making the request, the member operator intended to

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 1  receive the request, and their agents. However, custody of the

 2  records may shall not be transferred from the system except

 3  under subpoena.

 4         (3)  The system shall provide the person who provided

 5  notification with the names of the member operators who shall

 6  will be advised of the notification and a notification number

 7  that which specifies the date and time of the notification.

 8         (4)  The notification number provided to the excavator

 9  under this section shall be provided to any law enforcement

10  officer, government code inspector, or code enforcement

11  officer upon request.

12         (5)(4)  All member operators within the defined area of

13  a proposed excavation or demolition shall be promptly notified

14  through the system, except that member operators with

15  state-owned underground facilities located within the

16  right-of-way of a state highway need not be notified of

17  excavation or demolition activities and are under no

18  obligation to mark or locate the such facilities.

19         (a)  When an excavation site cannot be described in

20  information provided under subparagraph (1)(a)3. with

21  sufficient particularity to enable the member operator to

22  ascertain the excavation site, and if the excavator and member

23  operator have not mutually agreed otherwise, the excavator

24  shall premark the proposed area of the excavation before a

25  member operator is required to identify the horizontal route

26  of its underground facilities in the proximity of any

27  excavation. However, premarking is not required for any

28  excavation that is over 500 feet in length and is not required

29  where the premarking could reasonably interfere with traffic

30  or pedestrian control.

31  

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 1         (b)  If a member operator determines that a proposed

 2  excavation or demolition is in proximity to or in conflict

 3  with an underground facility of the member operator, except a

 4  facility beneath the waters of the state, which is governed by

 5  paragraph (c), the member operator shall identify the

 6  horizontal route by marking to within 24 inches from the outer

 7  edge of either side of the underground facility by the use of

 8  stakes, paint, flags, or other suitable means within 2 full

 9  business days after the time the notification is received

10  under subsection (1).  If the member operator is unable to

11  respond within such time, the member operator shall

12  communicate with the person making the request and negotiate a

13  new schedule and time that is agreeable to, and should not

14  unreasonably delay, the excavator.

15         (c)  If a member operator determines that a proposed

16  excavation is in proximity to or in conflict with an

17  underground facility of the member operator beneath the waters

18  of the state, the member operator shall identify the estimated

19  horizontal route of the underground facility, within 10

20  business days, using marking buoys or other suitable devices,

21  unless directed otherwise by an agency having jurisdiction

22  over the waters of the state under which the member operator's

23  underground facility is located.

24         (d)  When excavation is to take place within a

25  tolerance zone, an excavator shall use increased caution to

26  protect underground facilities. The protection requires hand

27  digging, pot holing, soft digging, vacuum excavation methods,

28  or other similar procedures to identify underground

29  facilities. Any use of mechanized equipment within the

30  tolerance zone must be supervised by the excavator.

31  

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 1         (6)(a)(5)(a)  An excavator shall avoid excavation in

 2  the area described in the notice given under pursuant to

 3  subsection (1) until each member operator underground facility

 4  has been marked and located or until the excavator has been

 5  notified that no member operator has underground facilities in

 6  the area described in the notice, or for the time allowed for

 7  markings set forth in paragraphs (5)(b) (4)(b) and (c),

 8  whichever occurs first.  If a member operator has not located

 9  and marked its underground facilities within the time allowed

10  for marking set forth in paragraphs (5)(b) (4)(b) and (c), the

11  excavator may proceed with the excavation, if provided the

12  excavator does so with reasonable care, and if provided,

13  further, that detection equipment or other acceptable means to

14  locate underground facilities are used.

15         (b)  An excavator may shall not demolish in the area

16  described in the notice given under pursuant to subsection (1)

17  until all member operator underground facilities have been

18  marked and located, or removed.

19         (7)(a)(6)(a)  A member operator that states that it

20  does not have accurate information concerning the exact

21  location of its underground facilities is exempt from the

22  requirements of paragraphs (5)(b) (4)(b) and (c), but shall

23  provide the best available information to the excavator in

24  order to comply with the requirements of this section.  An

25  excavator is not liable for any damage to an underground

26  facility under the exemption in this subsection if the

27  excavation or demolition is performed with reasonable care and

28  detection equipment or other acceptable means to locate

29  underground facilities are used.

30         (b)  A member operator may not exercise the exemption

31  provided by this subsection if the member operator has

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 1  underground facilities that have not been taken out of service

 2  and that are locatable using available designating

 3  technologies to locate underground facilities.

 4         (8)(a)(7)(a)  If extraordinary circumstances exist, a

 5  member operator shall notify the system of the member

 6  operator's inability to comply with this section.  For the

 7  purposes of this section, the term "extraordinary

 8  circumstances" means circumstances other than normal operating

 9  conditions that which exist and make it impractical for a

10  member operator to comply with the provisions of this act.

11  After the system has received notification of a member

12  operator's inability to comply, the system shall make that

13  information known to excavators who subsequently notify the

14  system of an intent to excavate. The member operator is

15  relieved of responsibility for compliance under the law during

16  the period that the extraordinary circumstances exist and

17  shall promptly notify the system when the extraordinary

18  circumstances cease to exist.

19         (b)  During the period when extraordinary circumstances

20  exist, the system shall remain available during business hours

21  to provide information to governmental agencies, member

22  operators affected by the extraordinary circumstances, and

23  member operators who can provide relief to the affected

24  parties, unless the system itself has been adversely affected

25  by extraordinary circumstances.

26         (9)(a)  After receiving notification from the system, a

27  member operator shall provide a positive response to the

28  system within 2 full business days, or 10 such days for an

29  underwater excavation, indicating the status of operations to

30  protect the facility.

31  

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 1         (8)(a)  If a member operator determines that the

 2  excavation or demolition is not near an existing underground

 3  facility of the member operator, the member operator shall

 4  notify the excavator within 2 full business days after the

 5  time of the notification to the system that no conflict exists

 6  and that the excavation or demolition area is clear.  An

 7  excavator who has knowledge of the existence of an underground

 8  facility of a member operator in the area is responsible for

 9  contacting the member operator if a facility is not marked.

10         (b)  The system shall establish and maintain a process

11  to facilitate a positive-response communication between member

12  operators and excavators. The system is exempt from any

13  requirement to initiate a positive response to an excavator

14  when an excavator does not provide a valid electronic address

15  to facilitate a positive response by the system.

16         (c)  An excavator shall verify the system's positive

17  responses before beginning excavation. If an excavator knows

18  that an existing underground facility of a member operator is

19  in the area, the excavator must contact the member operator if

20  the facility is not marked and a positive response has not

21  been received by the system. The system shall implement

22  procedures for positive response by January 1, 2004.

23         (10)(9)  A member operator shall use the recommended

24  guidelines for uniform temporary marking of underground

25  facilities as approved by the Utility Location and

26  Coordinating Council "Uniform Color Code for Utilities" of the

27  American Public Works Association when marking the horizontal

28  route of any underground facility of the operator.

29         (11)(10)  Before Prior to or during excavation or

30  demolition, if the marking of the horizontal route of any

31  facility is removed or is no longer visible, the excavator

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 1  shall stop excavation or demolition activities in the vicinity

 2  of the facility and shall notify the system to have the route

 3  remarked.

 4         (12)(11)  If any contact with or damage to any pipe,

 5  cable, or its protective covering, or any other underground

 6  facility occurs, the excavator causing the contact or damage

 7  shall immediately notify the member operator. Upon receiving

 8  notice, the member operator shall send personnel to the

 9  location as soon as possible to effect temporary or permanent

10  repair of the contact or damage.  Until such time as the

11  contact or damage has been repaired, the excavator shall cease

12  excavation or demolition activities that may cause further

13  damage to such underground facility.

14         Section 6.  Subsection (2) of section 556.106, Florida

15  Statutes, is amended, present subsection (6) is redesignated

16  as subsection (7), and a new subsection (6) is added to that

17  section, to read:

18         556.106  Liability of the member operator, excavator,

19  and system.--

20         (2)(a)  If a In the event any person violates s.

21  556.105(1) or (6) (5), and subsequently, whether by himself or

22  herself or through the person's employees, contractors,

23  subcontractors, or agents, performs an excavation or

24  demolition that which damages an underground facility of a

25  member operator, it is shall be rebuttably presumed that the

26  such person was negligent. The Such person, if found liable,

27  is shall be liable for the total sum of the losses to all

28  member operators involved as those costs are normally

29  computed. Any damage for loss of revenue and loss of use may

30  shall not exceed $500,000 per affected underground facility,

31  except that revenues lost by a governmental member operator

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 1  whose, which revenues are used to support payments on

 2  principal and interest on bonds may, shall not be limited. Any

 3  liability of the state and its agencies and its subdivisions

 4  which arises out of this chapter is shall be subject to the

 5  provisions of s. 768.28.

 6         (b)  If any excavator fails to discharge a duty imposed

 7  by the provisions of this act, the such excavator, if found

 8  liable, is shall be liable for the total sum of the losses to

 9  all parties involved as those costs are normally computed.

10  Any damage for loss of revenue and loss of use may shall not

11  exceed $500,000 per affected underground facility, except that

12  revenues lost by a governmental member operator whose, which

13  revenues are used to support payments on principal and

14  interest on bonds may, shall not be limited.

15         (c)  Any liability of the state, its agencies, or its

16  subdivisions which arises out of this act is shall be subject

17  to the provisions of s. 768.28.

18         (d)  Obtaining information as to the location of an

19  underground facility from the member operator as required by

20  this act does not excuse any excavator from performing an

21  excavation or demolition in a careful and prudent manner,

22  based on accepted engineering and construction practices, and

23  it nor does not it excuse the such excavator from liability

24  for any damage or injury resulting from any excavation or

25  demolition.

26         (e)  When an excavator knows or should know of the

27  presence of an underground facility of a nonmember small city

28  as defined in s. 120.52, he or she shall make reasonable

29  efforts to contact the small city that owns or operates that

30  facility prior to commencing an excavation or demolition.

31  

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 1         (6)  The system does not have a duty to mark or locate

 2  underground facilities and may not do so, and a right of

 3  recovery does not exist against the system for failing to mark

 4  or locate underground facilities. The system is not liable for

 5  the failure of a member operator to comply with the

 6  requirements of this act.

 7         (7)(6)  An excavator who performs any excavation with

 8  hand tools under pursuant to s. 556.108(5) is liable for any

 9  damage to any operator's underground facilities damaged during

10  such excavation.

11         Section 7.  Section 556.107, Florida Statutes, is

12  amended to read:

13         556.107  Violations.--

14         (1)  NONCRIMINAL INFRACTIONS.--

15         (a)  Violations of the following provisions are

16  noncriminal infractions:

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

18  information.

19         2.  Section 556.105(6) 556.105(5), relating to the

20  avoidance of excavation.

21         3.  Section 556.105(11) 556.105(10), relating to the

22  need to stop excavation or demolition.

23         4.  Section 556.105(12) 556.105(11), relating to the

24  need to cease excavation or demolition activities.

25         5.  Section 556.105(5)(b) 556.105(4)(b) and (c)

26  relating to identification of underground facilities, if a

27  member operator does not mark an underground facility, but not

28  if a member operator marks an underground facility

29  incorrectly.

30         (b)  Any excavator or member operator who commits a

31  noncriminal infraction under paragraph (a) may be issued a

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 1  citation by any local or state law enforcement officer,

 2  government code inspector, or code enforcement officer

 3  permitting agency inspector, and the issuer of a citation may

 4  require an any excavator to cease work on any excavation or

 5  not start a proposed excavation until there has been

 6  compliance with the provisions of this act. Citations may be

 7  issued to any employee of the excavator or member operator who

 8  is directly involved in the noncriminal infraction.

 9         (c)  Any excavator or member operator who commits a

10  noncriminal infraction under paragraph (a) may be required to

11  appear before the county court. The civil penalty for any such

12  infraction is $250, plus fees and court costs except as

13  otherwise provided in this section. If a citation is issued by

14  a local law enforcement officer, a local government code

15  inspector, or a code enforcement officer, 80 percent of the

16  civil penalty collected by the clerk of the court shall be

17  distributed to the local governmental entity whose employee

18  issued the citation and 20 percent of the penalty shall be

19  retained by the clerk to cover administrative costs, in

20  addition to other fees or court costs. If a citation is issued

21  by a state law enforcement officer, the civil penalty

22  collected by the clerk shall be retained by the clerk for

23  distribution to the county in which the citation was issued.

24  Any person who fails to appear or otherwise properly respond

25  to a citation issued pursuant to paragraph (d) shall, in

26  addition to the citation, be charged with the offense of

27  failing to respond to such citation and, upon conviction,

28  commits be guilty of a misdemeanor of the second degree,

29  punishable as provided in s. 775.082 or s. 775.083.  A written

30  warning to this effect shall be provided at the time any

31  citation is issued pursuant to paragraph (b).

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 1         (d)  Any person cited for an infraction under paragraph

 2  (a), unless required to appear before the county court, may:

 3         1.  Post a bond, which shall be equal in amount to the

 4  applicable civil penalty, plus fees or court costs; or

 5         2.  Sign and accept a citation indicating a promise to

 6  appear before the county court.

 7  

 8  The person issuing the citation officer may indicate on the

 9  citation the time and location of the scheduled hearing and

10  shall indicate the applicable civil penalty.

11         (e)  Any person charged with a noncriminal infraction

12  under paragraph (a), unless required to appear before the

13  county court, may:

14         1.  Pay the civil penalty plus fees and court costs, in

15  lieu of appearance, either by mail or in person, within 10

16  days after the date of receiving the citation; or

17         2.  Forfeit bond, if a bond has been posted, by not

18  appearing at the designated time and location.

19  

20  If the person cited follows either of the above procedures,

21  she or he is shall be deemed to have admitted to committing

22  the infraction and to have waived the right to a hearing on

23  the issue of commission of the infraction. The Such admission

24  may be used as evidence in any other proceeding under this

25  act.

26         (f)  Any person electing to appear before the county

27  court or who is required to appear shall be deemed to have

28  waived the limitations on the civil penalty specified in

29  paragraph (c).  The court, after a hearing, shall make a

30  determination as to whether an infraction has been committed.

31  If the commission of an infraction has been proven, the court

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 1  may impose a civil penalty not to exceed $5,000, plus court

 2  costs.  In determining the amount of the civil penalty, the

 3  court may consider previous noncriminal infractions committed.

 4         (g)  At a hearing under this chapter, the commission of

 5  a charged infraction must be proven by a preponderance of the

 6  evidence.

 7         (h)  If a person is found by the hearing official to

 8  have committed an infraction, the such person may appeal that

 9  finding to the circuit court.

10         (i)  Sunshine State One-Call of Florida, Inc., may, at

11  its own cost, retain an attorney to assist in the presentation

12  of relevant facts and law in the county court proceeding

13  pertaining to the citation issued under this section. The

14  corporation may also appear in any case appealed to the

15  circuit court if a county court finds that an infraction of

16  the chapter was committed. An appellant in the circuit court

17  proceeding shall timely notify the corporation of any appeal

18  under this section.

19         (2)  MISDEMEANORS.--Any person who knowingly and

20  willfully removes or otherwise destroys the valid stakes or

21  other valid physical markings described in s. 556.105(5)(b) s.

22  556.105(4)(b) and (c) used to mark the horizontal route of an

23  underground facility commits a misdemeanor of the second

24  degree, punishable as provided in s. 775.082 or s. 775.083.

25  For purposes of this subsection, stakes or other nonpermanent

26  physical markings are considered valid for 30 20 calendar days

27  after information is provided to the system under s.

28  556.105(1)(c).

29         Section 8.  Subsection (4) of section 556.108, Florida

30  Statutes, is amended to read:

31  

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    Florida Senate - 2006                                  SB 1394
    18-889A-06




 1         556.108  Exemptions.--The notification requirements

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

 3         (4)  Any excavation of 18 inches or less for:

 4         (a)  Surveying public or private property by surveyors

 5  or mappers as defined in chapter 472, excluding marked

 6  rights-of-way, marked easements, or permitted uses where

 7  marked, if provided mechanized equipment is not used in the

 8  process of such surveying and the surveying is performed in

 9  accordance with the practice rules established under s.

10  472.027; or

11         (b)  Maintenance activities performed by a state agency

12  and its employees when such activities are within the

13  right-of-way of a public road; however, provided, if a member

14  operator has permanently marked facilities on such

15  right-of-way, no mechanized equipment may not be used without

16  first providing notification; or

17         (c)  Locating, repairing, connecting, adjusting, or

18  routine maintenance of a private or public utility facility by

19  an excavator, if mechanized equipment is not used.

20         Section 9.  This act shall take effect October 1, 2006.

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    Florida Senate - 2006                                  SB 1394
    18-889A-06




 1            *****************************************

 2                          SENATE SUMMARY

 3    Requires that specified information be placed in the
      excavation notification system. Provides an exception for
 4    underwater excavations. Requires that a notification
      number assigned to an excavator be provided to a law
 5    enforcement officer, government code inspector, or code
      enforcement officer upon request. Requires a member
 6    operator to respond to the system within a specified time
      period indicating the status of its facility protection
 7    operations. Requires the Sunshine State One-Call of
      Florida, Inc., corporation to establish a communication
 8    system between member operators. Requires an excavator to
      verify the system's positive responses before beginning
 9    excavation. Requires an excavator who knows that an
      existing underground facility of a member operator is in
10    the area to notify the member operator under certain
      circumstances. Provides that the notification system has
11    no duty and is not permitted to mark or locate
      underground facilities. Provides that a person has no
12    right of recovery against the notification system for
      failing to mark or locate underground facilities.
13    Provides for the distribution of civil penalties.
      Authorizes the corporation to retain legal counsel to
14    represent the corporation in certain specified legal
      proceedings. Provides that certain excavations are exempt
15    from mandatory location notification if mechanized
      equipment is not used. (See bill for details.)
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