Senate Bill sb1394c2

CODING: Words stricken are deletions; words underlined are additions.
    Florida Senate - 2006                    CS for CS for SB 1394

    By the Committees on Regulated Industries; Communications and
    Public Utilities; and Senator Miller




    580-2018-06

  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

                                  1

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




 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 single-family

17         residential properties are not exempt from

18         mandatory location notification; providing that

19         certain excavations by surveyors, mappers, or

20         pest control services are exempt from mandatory

21         location notification if mechanized equipment

22         is not used; amending s. 556.111, F.S.;

23         providing that certain provisions do not

24         preempt a governmental member operator from

25         regulation of its right-of-way under certain

26         conditions; providing an effective date.

27  

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

29  

30         Section 1.  Section 556.101, Florida Statutes, is

31  amended to read:

                                  2

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




 1         556.101  Short title; legislative intent.--

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

 3  Damage Prevention and Safety Act."

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

 5  access for excavating contractors and the public to provide

 6  notification to the system of their intent to engage in

 7  excavation or demolition.  This notification system shall

 8  provide the member operators an opportunity to identify and

 9  locate their underground facilities. Under this notification

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

11  required or permitted to locate or mark underground

12  facilities.

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

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

15  property and the interruption of services resulting from

16  damage to an underground facility caused by excavation or

17  demolition operations.

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

19  operators of underground facilities in this state to

20  administer the provisions of this act.

21         (c)  Fund the cost of administration through

22  contributions from the member operators for services provided

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

24  services requested and provided, such as record searches,

25  education or training, and damage prevention activities.

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

27  subject matter specifically addressed in this act.

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

29  government code inspector, or code enforcement officer or

30  permitting agency inspector to enforce this act without the

31  

                                  3

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




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

 2  code or ordinance.

 3         (f)  Foster the awareness of federal laws and

 4  regulations that promote safety with respect to underground

 5  facilities, including, but not limited to, the Federal

 6  Pipeline Safety Act of 1968, as amended, the Pipeline Safety

 7  Improvement Act of 2002, OSHA Standard 1926.651, and the

 8  National Electric Safety Code, ANSI C-2, by requiring and

 9  facilitating the advance notice of activities by those who

10  engage in excavation or demolition operations.

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

12  any permit issued by a state agency for placement or

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

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

15  Statutes, is amended to read:

16         556.102  Definitions.--As used in this act:

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

18  or transports materials or services by means of an underground

19  facility except a small municipality that has elected not to

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

21  set forth in s. 556.103(1).

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

23  Statutes, is amended to read:

24         556.103  Creation of the corporation; establishment of

25  the board of directors; authority of the board; annual

26  report.--

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

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

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

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

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

                                  4

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




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

 2  January 1, 2003, through a written notification identifying

 3  any reasons for declining membership.  The corporation shall

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

 5  the provisions of this act.  The corporation shall exercise

 6  its powers through a board of directors established pursuant

 7  to this section.

 8         Section 4.  Section 556.104, Florida Statutes, is

 9  amended to read:

10         556.104  Free-access notification system.--The

11  corporation shall maintain a free-access notification system.

12  Any person who furnishes or transports materials or services

13  by means of an underground facility in this state shall

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

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

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

17  556.103(1). The purpose of the system is to receive

18  notification of planned excavation or demolition activities

19  and to notify member operators of the such planned excavation

20  or demolition activities.  The system shall provide a single

21  toll-free telephone number within this state which excavators

22  can use to notify member operators of planned excavation or

23  demolition activities, and the system may also provide

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

25         Section 5.  Section 556.105, Florida Statutes, is

26  amended to read:

27         556.105  Procedures.--

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

29  days before beginning any excavation or demolition, except an

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

31  provide the following information through the system:

                                  5

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




 1         1.  The name of the individual who provided

 2  notification and the name, address, including the street

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

 4  his employer.

 5         2.  The name and telephone number of the representative

 6  for the excavator and a valid electronic address to facilitate

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

 8  available.

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

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

11  the location where the excavation or demolition is to be

12  performed, and the construction limits of the excavation or

13  demolition.

14         4.  The commencement date and anticipated duration of

15  the excavation or demolition.

16         5.  Whether machinery will be used for the excavation

17  or demolition.

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

19  done.

20         7.  The type of work to be done.

21         8.  The approximate depth of the excavation.

22         (b)  The excavator shall provide the such information

23  by notifying the system through its free-access notification

24  system during business hours, as determined by the

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

26  corporation.  Any notification received by the system at any

27  time other than during business hours shall be considered to

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

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

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

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

                                  6

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




 1  computing the period for which information furnished is

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

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

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

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

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

 7  holiday.

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

 9  recorded to document compliance with this act.  Such record

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

11  method of all incoming and outgoing wire and oral

12  communications concerning location requests in compliance with

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

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

15  excavator making the request, the member operator intended to

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

17  records may shall not be transferred from the system except

18  under subpoena.

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

20  notification with the names of the member operators who shall

21  will be advised of the notification and a notification number

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

23         (4)  The notification number provided to the excavator

24  under this section shall be provided to any law enforcement

25  officer, government code inspector, or code enforcement

26  officer upon request.

27         (5)(4)  All member operators within the defined area of

28  a proposed excavation or demolition shall be promptly notified

29  through the system, except that member operators with

30  state-owned underground facilities located within the

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

                                  7

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




 1  excavation or demolition activities and are under no

 2  obligation to mark or locate the such facilities.

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

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

 5  sufficient particularity to enable the member operator to

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

 7  operator have not mutually agreed otherwise, the excavator

 8  shall premark the proposed area of the excavation before a

 9  member operator is required to identify the horizontal route

10  of its underground facilities in the proximity of any

11  excavation. However, premarking is not required for any

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

13  where the premarking could reasonably interfere with traffic

14  or pedestrian control.

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

16  excavation or demolition is in proximity to or in conflict

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

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

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

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

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

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

23  business days after the time the notification is received

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

25  respond within such time, the member operator shall

26  communicate with the person making the request and negotiate a

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

28  unreasonably delay, the excavator.

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

30  excavation is in proximity to or in conflict with an

31  underground facility of the member operator beneath the waters

                                  8

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




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

 2  horizontal route of the underground facility, within 10

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

 4  unless directed otherwise by an agency having jurisdiction

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

 6  underground facility is located.

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

 8  tolerance zone, an excavator shall use increased caution to

 9  protect underground facilities. The protection requires hand

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

11  or other similar procedures to identify underground

12  facilities. Any use of mechanized equipment within the

13  tolerance zone must be supervised by the excavator.

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

15  the area described in the notice given under pursuant to

16  subsection (1) until each member operator underground facility

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

18  notified that no member operator has underground facilities in

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

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

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

22  and marked its underground facilities within the time allowed

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

24  excavator may proceed with the excavation, if provided the

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

26  further, that detection equipment or other acceptable means to

27  locate underground facilities are used.

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

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

30  until all member operator underground facilities have been

31  marked and located, or removed.

                                  9

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




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

 2  does not have accurate information concerning the exact

 3  location of its underground facilities is exempt from the

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

 5  provide the best available information to the excavator in

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

 7  excavator is not liable for any damage to an underground

 8  facility under the exemption in this subsection if the

 9  excavation or demolition is performed with reasonable care and

10  detection equipment or other acceptable means to locate

11  underground facilities are used.

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

13  provided by this subsection if the member operator has

14  underground facilities that have not been taken out of service

15  and that are locatable using available designating

16  technologies to locate underground facilities.

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

18  member operator shall notify the system of the member

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

20  purposes of this section, the term "extraordinary

21  circumstances" means circumstances other than normal operating

22  conditions that which exist and make it impractical for a

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

24  After the system has received notification of a member

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

26  information known to excavators who subsequently notify the

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

28  relieved of responsibility for compliance under the law during

29  the period that the extraordinary circumstances exist and

30  shall promptly notify the system when the extraordinary

31  circumstances cease to exist.

                                  10

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




 1         (b)  During the period when extraordinary circumstances

 2  exist, the system shall remain available during business hours

 3  to provide information to governmental agencies, member

 4  operators affected by the extraordinary circumstances, and

 5  member operators who can provide relief to the affected

 6  parties, unless the system itself has been adversely affected

 7  by extraordinary circumstances.

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

 9  member operator shall provide a positive response to the

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

11  underwater excavation, indicating the status of operations to

12  protect the facility.

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

14  excavation or demolition is not near an existing underground

15  facility of the member operator, the member operator shall

16  notify the excavator within 2 full business days after the

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

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

19  excavator who has knowledge of the existence of an underground

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

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

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

23  to facilitate a positive-response communication between member

24  operators and excavators. The system is exempt from any

25  requirement to initiate a positive response to an excavator

26  when an excavator does not provide a valid electronic address

27  to facilitate a positive response by the system.

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

29  responses before beginning excavation. If an excavator knows

30  that an existing underground facility of a member operator is

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

                                  11

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




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

 2  been received by the system. The system shall implement

 3  procedures for positive response by January 1, 2004.

 4         (10)(9)  A member operator shall use the recommended

 5  guidelines for uniform temporary marking of underground

 6  facilities as approved by the Utility Location and

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

 8  American Public Works Association when marking the horizontal

 9  route of any underground facility of the operator.

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

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

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

13  shall stop excavation or demolition activities in the vicinity

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

15  remarked.

16         (12)(11)  If any contact with or damage to any pipe,

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

18  facility occurs, the excavator causing the contact or damage

19  shall immediately notify the member operator. Upon receiving

20  notice, the member operator shall send personnel to the

21  location as soon as possible to effect temporary or permanent

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

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

24  excavation or demolition activities that may cause further

25  damage to such underground facility.

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

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

28  as subsection (7) and amended, and a new subsection (6) is

29  added to that section, to read:

30         556.106  Liability of the member operator, excavator,

31  and system.--

                                  12

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




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

 2  556.105(1) or (6) (5), and subsequently, whether by himself or

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

 4  subcontractors, or agents, performs an excavation or

 5  demolition that which damages an underground facility of a

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

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

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

 9  member operators involved as those costs are normally

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

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

12  except that revenues lost by a governmental member operator

13  whose, which revenues are used to support payments on

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

15  liability of the state and its agencies and its subdivisions

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

17  provisions of s. 768.28.

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

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

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

21  all parties involved as those costs are normally computed.

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

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

24  revenues lost by a governmental member operator whose, which

25  revenues are used to support payments on principal and

26  interest on bonds may, shall not be limited.

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

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

29  to the provisions of s. 768.28.

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

31  underground facility from the member operator as required by

                                  13

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




 1  this act does not excuse any excavator from performing an

 2  excavation or demolition in a careful and prudent manner,

 3  based on accepted engineering and construction practices, and

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

 5  for any damage or injury resulting from any excavation or

 6  demolition.

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

 8  presence of an underground facility of a nonmember small city

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

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

11  facility prior to commencing an excavation or demolition.

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

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

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

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

16  the failure of a member operator to comply with the

17  requirements of this act.

18         (7)(6)  An excavator who performs any excavation with

19  hand tools under s. 556.108(4)(c) or (5) pursuant to s.

20  556.108(5) is liable for any damage to any operator's

21  underground facilities damaged during such excavation.

22         Section 7.  Section 556.107, Florida Statutes, is

23  amended to read:

24         556.107  Violations.--

25         (1)  NONCRIMINAL INFRACTIONS.--

26         (a)  Violations of the following provisions are

27  noncriminal infractions:

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

29  information.

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

31  avoidance of excavation.

                                  14

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




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

 2  need to stop excavation or demolition.

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

 4  need to cease excavation or demolition activities.

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

 6  relating to identification of underground facilities, if a

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

 8  if a member operator marks an underground facility

 9  incorrectly.

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

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

12  citation by any local or state law enforcement officer,

13  government code inspector, or code enforcement officer

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

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

16  not start a proposed excavation until there has been

17  compliance with the provisions of this act. Citations shall

18  may be hand-delivered issued to any employee of the excavator

19  or member operator who is directly involved in the noncriminal

20  infraction. The citation shall be issued in the name of the

21  excavator or member operator, whichever is applicable.

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

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

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

25  infraction is $250, plus court costs except as otherwise

26  provided in this section. If a citation is issued by a local

27  law enforcement officer, a local government code inspector, or

28  a code enforcement officer, 80 percent of the civil penalty

29  collected by the clerk of the court shall be distributed to

30  the local governmental entity whose employee issued the

31  citation and 20 percent of the penalty shall be retained by

                                  15

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




 1  the clerk to cover administrative costs, in addition to other

 2  court costs. If a citation is issued by a state law

 3  enforcement officer, the civil penalty collected by the clerk

 4  shall be retained by the clerk for deposit into the fine and

 5  forfeiture fund established pursuant to s. 142.01. Any person

 6  who fails to appear or otherwise properly respond to a

 7  citation issued pursuant to paragraph (d) shall, in addition

 8  to the citation, be charged with the offense of failing to

 9  respond to such citation and, upon conviction, commits be

10  guilty of a misdemeanor of the second degree, punishable as

11  provided in s. 775.082 or s. 775.083.  A written warning to

12  this effect shall be provided at the time any citation is

13  issued pursuant to paragraph (b).

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

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

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

17  applicable civil penalty, plus court costs; or

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

19  appear before the county court.

20  

21  The person issuing the citation officer may indicate on the

22  citation the time and location of the scheduled hearing and

23  shall indicate the applicable civil penalty.

24         (e)  Any person charged with a noncriminal infraction

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

26  county court, may:

27         1.  Pay the civil penalty plus court costs, in lieu of

28  appearance, either by mail or in person, within 30 10 days

29  after the date of receiving the citation; or

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

31  appearing at the designated time and location.

                                  16

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




 1  

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

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

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

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

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

 7  act.

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

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

10  waived the limitations on the civil penalty specified in

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

12  determination as to whether an infraction has been committed.

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

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

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

16  court may consider previous noncriminal infractions committed.

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

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

19  evidence.

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

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

22  finding to the circuit court.

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

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

25  of relevant facts and law in the county court proceeding

26  pertaining to the citation issued under this section. The

27  corporation may also appear in any case appealed to the

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

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

30  proceeding shall timely notify the corporation of any appeal

31  under this section.

                                  17

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




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

 2  willfully removes or otherwise destroys the valid stakes or

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

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

 5  underground facility commits a misdemeanor of the second

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

 7  For purposes of this subsection, stakes or other nonpermanent

 8  physical markings are considered valid for 30 20 calendar days

 9  after information is provided to the system under s.

10  556.105(1)(c).

11         Section 8.  Subsections (1) and (4) of section 556.108,

12  Florida Statutes, are amended to read:

13         556.108  Exemptions.--The notification requirements

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

15         (1)  Any excavation or demolition performed by the

16  owner of a single-family residential property, not including

17  property that is subdivided or is to be subdivided into more

18  than one single-family residential property; or for such owner

19  by a member operator or an agent of a member operator when

20  such excavation or demolition is made entirely on such land,

21  and only up to a depth of 10 inches; provided due care is used

22  and there is no encroachment on any member operator's

23  right-of-way, easement, or permitted use.

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

25         (a)  Surveying public or private property by surveyors

26  or mappers as defined in chapter 472 and services performed by

27  a pest control licensee under chapter 482, excluding marked

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

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

30  process of such surveying or pest control services and the

31  surveying or pest control services are is performed in

                                  18

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




 1  accordance with the practice rules established under s.

 2  472.027 or s. 482.051; or

 3         (b)  Maintenance activities performed by a state agency

 4  and its employees when such activities are within the

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

 6  operator has permanently marked facilities on such

 7  right-of-way, no mechanized equipment may be used without

 8  first providing notification; or.

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

10  routine maintenance of a private or public underground

11  facility by an excavator, if the excavator is performing such

12  work for the current owner or future owner of the underground

13  facility and if mechanized equipment is not used.

14         Section 9.  Section 556.111, Florida Statutes, is

15  amended to read:

16         556.111  Applicability to existing law.--Nothing in

17  this act shall be construed to:

18         (1)  Constitute the establishment or enlargement of any

19  rights to the use of real property or create an interest

20  therein for the placement, construction, repair, maintenance,

21  relocation, or excavation or demolition of any underground

22  facility;

23         (2)  Waive any right of a party having an interest in

24  real property to charge any fee for the use regarding such

25  property; or

26         (3)  Preempt a governmental member operator from

27  reasonable regulation of its right-of-way. This subsection

28  does not exempt a municipality, county, district, or other

29  local governmental member operator from the provisions of this

30  chapter which apply to the member operator.

31  

                                  19

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






    Florida Senate - 2006                    CS for CS for SB 1394
    580-2018-06




 1         Section 10.  This act shall take effect October 1,

 2  2006.

 3  

 4          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
 5                     CS for Senate Bill 1394

 6                                 

 7  The CS/CS/for Senate Bill 1394

 8  Eliminates the payment of additional fees by a person wh
    receives a citation for violation of this act.
 9  
    Changes a provision in s. 556.111, F.S., to specify a
10  "governmental member operator" as a municipality, county,
    district, or other local governmental member operator.  The CS
11  also deletes the specific reference to the noticing
    requirement for compliance by a governmental member operator.
12  

13  

14  

15  

16  

17  

18  

19  

20  

21  

22  

23  

24  

25  

26  

27  

28  

29  

30  

31  

                                  20

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