1

A bill to be entitled

2

An act relating to excavations and demolitions; amending

3

s. 556.105, F.S.; prohibiting charging the member operator

4

for the costs associated with premarking certain

5

excavation sites; prohibiting charging the excavator for

6

the costs associated with marking an excavation that is in

7

proximity to or in conflict with a buried or submerged

8

facility of a member operator; providing an effective

9

date.

10

11

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

12

13

     Section 1.  Subsection (5) of section 556.105, Florida

14

Statutes, is amended to read:

15

     556.105  Procedures.--

16

     (5)  All member operators within the defined area of a

17

proposed excavation or demolition shall be promptly notified

18

through the system, except that member operators with state-owned

19

underground facilities located within the right-of-way of a state

20

highway need not be notified of excavation or demolition

21

activities and are under no obligation to mark or locate the

22

facilities.

23

     (a)  When an excavation site cannot be described in

24

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

25

particularity to enable the member operator to ascertain the

26

excavation site, and if the excavator and member operator have

27

not mutually agreed otherwise, the excavator shall premark the

28

proposed area of the excavation before a member operator is

29

required to identify the horizontal route of its underground

30

facilities in the proximity of any excavation. However,

31

premarking is not required for any excavation that is over 500

32

feet in length and is not required where the premarking could

33

reasonably interfere with traffic or pedestrian control.

34

Notwithstanding any local law or ordinance to the contrary, the

35

expenses and administrative costs associated with the premarking

36

required under this paragraph may not be charged to the member

37

operator.

38

     (b)  If a member operator determines that a proposed

39

excavation or demolition is in proximity to or in conflict with

40

an underground facility of the member operator, except a facility

41

beneath the waters of the state, which is governed by paragraph

42

(c), the member operator shall identify the horizontal route by

43

marking to within 24 inches from the outer edge of either side of

44

the underground facility by the use of stakes, paint, flags, or

45

other suitable means within 2 full business days after the time

46

the notification is received under subsection (1). If the member

47

operator is unable to respond within such time, the member

48

operator shall communicate with the person making the request and

49

negotiate a new schedule and time that is agreeable to, and

50

should not unreasonably delay, the excavator. Notwithstanding any

51

local law or ordinance to the contrary, the expenses and

52

administrative costs associated with the marking required under

53

this paragraph may not be charged to the excavator.

54

     (c)  If a member operator determines that a proposed

55

excavation is in proximity to or in conflict with an underground

56

facility of the member operator beneath the waters of the state,

57

the member operator shall identify the estimated horizontal route

58

of the underground facility, within 10 business days, using

59

marking buoys or other suitable devices, unless directed

60

otherwise by an agency having jurisdiction over the waters of the

61

state under which the member operator's underground facility is

62

located. Notwithstanding any local law or ordinance to the

63

contrary, the expenses and administrative costs associated with

64

the marking required under this paragraph may not be charged to

65

the excavator.

66

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

67

zone, an excavator shall use increased caution to protect

68

underground facilities. The protection requires hand digging, pot

69

holing, soft digging, vacuum excavation methods, or other similar

70

procedures to identify underground facilities. Any use of

71

mechanized equipment within the tolerance zone must be supervised

72

by the excavator.

73

     Section 2.  This act shall take effect July 1, 2008.