HB 691

1	A bill to be entitled
2	An act relating to underground facility damage prevention
3	and safety; amending s. 556.101, F.S.; clarifying
4	legislative intent that the state has exclusive power to
5	regulate underground facilities; prohibiting
6	municipalities, counties, districts, and other local
7	governments from enacting ordinances or rules that
8	regulate the subject of underground facilities; amending
9	s. 556.102, F.S.; defining the terms "high-priority
10	subsurface installations" and "incident"; amending s.
11	556.103, F.S.; requiring that the board of directors of
12	Sunshine State One-Call of Florida, Inc., present to the
13	Governor and Legislature an annual report that includes a
14	summary of reports issued by the clerks of court; amending
15	s. 556.105, F.S.; requiring that an excavator provide the
16	Sunshine State One-Call of Florida, Inc., system with
17	certain specified information not less than 10 full
18	business days before beginning an excavation or demolition
19	beneath the waters of the state; prohibiting the use of
20	such information by member operators for sales or
21	marketing purposes; deleting obsolete provisions; removing
22	provisions requiring the premarking of certain proposed
23	excavation sites; providing that if an excavation is
24	proposed which is within 10 feet of a high-priority
25	subsurface installation and is identified as a high-
26	priority subsurface installation by the operator, the
27	operator must notify the excavator of the existence of the
28	high-priority subsurface installation and mark its
29	location before the legal excavation start time; requiring
30	a mutually agreed excavation plan for high-priority
31	excavations; amending s. 556.106, F.S.; removing
32	provisions that provide a limited waiver of sovereign
33	immunity for the state and its agencies and subdivisions
34	arising from matters involving underground facilities;
35	amending s. 556.107, F.S.; providing penalties for
36	noncriminal infractions of the Sunshine State One-Call of
37	Florida, Inc., system; providing a civil penalty for each
38	infraction; detailing procedures for citations; requiring
39	each clerk of court to submit a report to Sunshine State
40	One-Call of Florida, Inc., by a specified date listing
41	each violation that has been filed in the county during
42	the preceding calendar year; amending s. 556.109, F.S.;
43	specifying circumstances under which an excavator need not
44	notify the Sunshine State One-Call of Florida, Inc.,
45	system that there is an emergency; amending s. 556.110,
46	F.S.; deleting a provision that limits assessments against
47	a member operator who receives fewer than 10 notifications
48	in any month; creating s. 556.114, F.S.; providing
49	requirements for low-impact marking practices; providing
50	procedures and methods to mark areas of excavation;
51	requiring Sunshine State One-Call of Florida, Inc., to
52	establish an educational program for the purpose of
53	informing excavators and member operators about low-impact
54	marking practices; creating s. 556.115, F.S.; requiring
55	Sunshine State One-Call of Florida, Inc., to create a
56	voluntary alternative dispute resolution program that is
57	open to all member operators, excavators, and other
58	stakeholders; requiring the voluntary users of the
59	alternative dispute resolution program to choose the form
60	of alternative dispute resolution to be used; requiring
61	that the costs of using the voluntary program be borne by
62	the users; providing that unless binding arbitration is
63	the chosen method of alternative dispute resolution, the
64	users or any one of such users may end the process at any
65	time and proceed in a court of competent jurisdiction or
66	before the Division of Administrative Hearings; providing
67	an effective date.
68
69	Be It Enacted by the Legislature of the State of Florida:
70
71	Section 1.  Paragraph (d) of subsection (3) of section
72	556.101, Florida Statutes, is amended to read:
73	556.101  Short title; legislative intent.-
74	(3)  It is the purpose of this chapter to:
75	(d)  Reserve and preempt to the state the exclusive power
76	to regulate any subject matter specifically addressed in this
77	chapter. Municipalities, counties, districts, or other local
78	governments may not enact ordinances or rules or take other
79	actions that regulate any subject addressed in this chapter or
80	by Sunshine State One-Call of Florida, Inc., under this chapter,
81	including delegations of authority to Sunshine State One-Call of
82	Florida, Inc. Any ordinance or rule in existence on June 30,
83	2010, which is in conflict with this chapter is no longer valid
84	or enforceable on or after July 1, 2010.
85	Section 2.  Present subsections (8) through (14) of section
86	556.102, Florida Statutes, are renumbered as subsections (10)
87	through (16), respectively, and new subsections (8) and (9) are
88	added to that section, to read:
89	556.102  Definitions.-As used in this act:
90	(8)  "High-priority subsurface installations" means certain
91	gas transmission, gas distribution, gasoline, petroleum, and
92	other flammable, explosive, or corrosive commodity pipelines
93	that are deemed to be critical by the operators of those
94	pipelines.
95	(9)  "Incident" means an event that involves damage to an
96	underground facility in a high-priority zone which results in
97	death or personal injury that requires inpatient hospitalization
98	or causes property damage, including service-restoration costs
99	in an amount in excess of $50,000 or interruption of service to
100	more than 2,500 customers.
101	Section 3.  Subsections (4) and (5) of section 556.103,
102	Florida Statutes, are amended to read:
103	556.103  Creation of the corporation; establishment of the
104	board of directors; authority of the board; annual report.-
105	(4)  Beginning in 1994, The board of directors shall file
106	with the Governor, not later than 60 days before the convening
107	of each regular session of the Legislature, an annual progress
108	report on the operation of the system, which must include a
109	summary of the reports to the system from the clerks of court.
110	(5)  Beginning in 1998, The board of directors shall submit
111	to the President of the Senate, the Speaker of the House of
112	Representatives, and the Governor, not later than 60 days before
113	the convening of each regular session of the Legislature, an
114	annual progress report on the participation by municipalities
115	and counties in the one-call notification system created by this
116	chapter. The report must include a summary of the reports to the
117	system from the clerks of court.
118	Section 4.  Paragraphs (a) and (d) of subsection (1),
119	subsections (5) and (6), paragraph (a) of subsection (7),
120	paragraph (a) of subsection (9), and subsection (11) of section
121	556.105, Florida Statutes, are amended to read:
122	556.105  Procedures.-
123	(1)(a)  Not less than 2 full business days before beginning
124	any excavation or demolition that is not, except an excavation
125	beneath the waters of the state, and not less than 10 full
126	business days before beginning any excavation or demolition that
127	is beneath the waters of the state, an excavator shall provide
128	the following information through the system:
129	1.  The name of the individual who provided notification
130	and the name, address, including the street address, city,
131	state, zip code, and telephone number of her or his employer.
132	2.  The name and telephone number of the representative for
133	the excavator, and a valid electronic address to facilitate a
134	positive response by the system should be provided, if
135	available.
136	3.  The county, the city or closest city, and the street
137	address or the closest street, road, or intersection to the
138	location where the excavation or demolition is to be performed,
139	and the construction limits of the excavation or demolition.
140	4.  The commencement date and anticipated duration of the
141	excavation or demolition.
142	5.  Whether machinery will be used for the excavation or
143	demolition.
144	6.  The person or entity for whom the work is to be done.
145	7.  The type of work to be done.
146	8.  The approximate depth of the excavation.
147	(d)  Member operators shall use the information provided to
148	the system by other member operators only for the purposes
149	stated in this chapter and not for sales or marketing purposes.
150	1.  The system shall study the feasibility of the
151	establishment or recognition of zones for the purpose of
152	allowing excavation within such zones to be undertaken without
153	notice to the system as now required by this chapter when such
154	zones are:
155	a.  In areas within which no underground facilities are
156	located.
157	b.  Where permanent markings, permit and mapping systems,
158	and structural protection for underwater crossings are required
159	or in place.
160	c.  For previously marked utilities on construction of one-
161	or two-family dwellings where the contractor remains in custody
162	and control of the building site for the duration of the
163	building permit.
164	2.  The system shall report the results of the study to the
165	Legislature on or before February 1, 2007, along with
166	recommendations for further legislative action.
167	(5)  All member operators within the defined area of a
168	proposed excavation or demolition shall be promptly notified
169	through the system, except that member operators with state-
170	owned underground facilities located within the right-of-way of
171	a state highway need not be notified of excavation or demolition
172	activities and are under no obligation to mark or locate the
173	facilities.
174	(a)  When an excavation site cannot be described in
175	information provided under subparagraph (1)(a)3. with sufficient
176	particularity to enable the member operator to ascertain the
177	excavation site, and if the excavator and member operator have
178	not mutually agreed otherwise, the excavator shall premark the
179	proposed area of the excavation before a member operator is
180	required to identify the horizontal route of its underground
181	facilities in the proximity of any excavation. However,
182	premarking is not required for any excavation that is over 500
183	feet in length and is not required where the premarking could
184	reasonably interfere with traffic or pedestrian control.
185	(a)(b)  If a member operator determines that a proposed
186	excavation or demolition is in proximity to or in conflict with
187	an underground facility of the member operator, except a
188	facility beneath the waters of the state, which is governed by
189	paragraph (b) (c), the member operator shall identify the
190	horizontal route by marking to within 24 inches from the outer
191	edge of either side of the underground facility by the use of
192	stakes, paint, flags, or other suitable means within 2 full
193	business days after the time the notification is received under
194	subsection (1). If the member operator is unable to respond
195	within such time, the member operator shall communicate with the
196	person making the request and negotiate a new schedule and time
197	that is agreeable to, and should not unreasonably delay, the
198	excavator.
199	(b)(c)  If a member operator determines that a proposed
200	excavation is in proximity to or in conflict with an underground
201	facility of the member operator beneath the waters of the state,
202	the member operator shall identify the estimated horizontal
203	route of the underground facility, within 10 business days,
204	using marking buoys or other suitable devices, unless directed
205	otherwise by an agency having jurisdiction over the waters of
206	the state under which the member operator's underground facility
207	is located.
208	(c)(d)  When excavation is to take place within a tolerance
209	zone, an excavator shall use increased caution to protect
210	underground facilities. The protection requires hand digging,
211	pot holing, soft digging, vacuum excavation methods, or other
212	similar procedures to identify underground facilities. Any use
213	of mechanized equipment within the tolerance zone must be
214	supervised by the excavator.
215	(d)  If an excavation is proposed which is within 10 feet
216	of a high-priority subsurface installation and is identified as
217	a high-priority subsurface installation by the operator, the
218	operator shall notify the excavator of the existence of the
219	high-priority subsurface installation and shall mark its
220	location before the legal excavation start time, as set forth in
221	paragraphs (a) and (b). After receiving notice of the existence
222	of a high-priority subsurface installation, an excavator shall
223	provide notice to the operator of the planned excavation start
224	date and time. Before excavation begins, the excavator and
225	operator shall communicate in order to establish a mutually
226	agreed-upon excavation plan.
227	(6)(a)  An excavator shall avoid excavation in the area
228	described in the notice given under subsection (1) until each
229	member operator underground facility has been marked and located
230	or until the excavator has been notified that no member operator
231	has underground facilities in the area described in the notice,
232	or for the time allowed for markings set forth in paragraphs
233	(5)(a) and (b) (5)(b) and (c), whichever occurs first. If a
234	member operator has not located and marked its underground
235	facilities within the time allowed for marking set forth in
236	paragraphs (5)(a) and (b) (5)(b) and (c), the excavator may
237	proceed with the excavation, if the excavator does so with
238	reasonable care and if detection equipment or other acceptable
239	means to locate underground facilities are used.
240	(b)  An excavator may not demolish in the area described in
241	the notice given under subsection (1) until all member operator
242	underground facilities have been marked and located or removed.
243	(7)(a)  A member operator that states that it does not have
244	accurate information concerning the exact location of its
245	underground facilities is exempt from the requirements of
246	paragraphs (5)(a) and (b) (5)(b) and (c), but shall provide the
247	best available information to the excavator in order to comply
248	with the requirements of this section. An excavator is not
249	liable for any damage to an underground facility under the
250	exemption in this subsection if the excavation or demolition is
251	performed with reasonable care and detection equipment or other
252	acceptable means to locate underground facilities are used.
253	(9)(a)  After receiving notification from the system, a
254	member operator shall provide a positive response to the system
255	within 2 full business days, or 10 such days for an underwater
256	excavation or demolition, indicating the status of operations to
257	protect the facility.
258	(11)  Before or during excavation or demolition, if the
259	marking of the horizontal route of any facility is removed or is
260	no longer visible, or, in the case of an underwater facility, is
261	inadequately documented, the excavator shall stop excavation or
262	demolition activities in the vicinity of the facility and shall
263	notify the system to have the route remarked or adequately
264	documented.
265	Section 5.  Paragraph (a) of subsection (2) and subsections
266	(3) and (7) of section 556.106, Florida Statutes, are amended to
267	read:
268	556.106  Liability of the member operator, excavator, and
269	system.-
270	(2)(a)  If a person violates s. 556.105(1) or (6), and
271	subsequently, whether by himself or herself or through the
272	person's employees, contractors, subcontractors, or agents,
273	performs an excavation or demolition that damages an underground
274	facility of a member operator, it is rebuttably presumed that
275	the person was negligent. The person, if found liable, is liable
276	for the total sum of the losses to all member operators involved
277	as those costs are normally computed. Any damage for loss of
278	revenue and loss of use may not exceed $500,000 per affected
279	underground facility, except that revenues lost by a
280	governmental member operator whose revenues are used to support
281	payments on principal and interest on bonds may not be limited.
282	Any liability of the state and its agencies and its subdivisions
283	which arises out of this chapter is subject to the provisions of
284	s. 768.28.
285	(3)  If, after receiving proper notice, a member operator
286	fails to discharge a duty imposed by the provisions of this act
287	and an underground facility of a such member operator is damaged
288	by an excavator who has complied with the provisions of this
289	act, as a proximate result of the member operator's failure to
290	discharge such duty, the such excavator is shall not be liable
291	for such damage and the member operator, if found liable, is
292	shall be liable to such person for the total cost of any loss or
293	injury to any person or damage to equipment resulting from the
294	member operator's failure to comply with this act. Any damage
295	for loss of revenue and loss of use shall not exceed $500,000
296	per affected underground facility, except that revenues lost by
297	a governmental member operator, which revenues are used to
298	support payments on principal and interest on bonds, shall not
299	be limited. The liability of governmental member operators shall
300	be subject to limitations provided in chapter 768.
301	(7)  An excavator or a member operator who performs any
302	excavation with hand tools under s. 556.108(4)(c) or (5) is
303	liable for any damage to any operator's underground facilities
304	damaged during such excavation.
305	Section 6.  Section 556.107, Florida Statutes, is amended
306	to read:
307	556.107  Violations.-
308	(1)  NONCRIMINAL INFRACTIONS.-
309	(a)  Violations of the following provisions are noncriminal
310	infractions:
311	1.  Section 556.105(1), relating to providing required
312	information.
313	2.  Section 556.105(6), relating to the avoidance of
314	excavation.
315	3.  Section 556.105(11), relating to the need to stop
316	excavation or demolition because marks are no longer visible,
317	or, in the case of underwater facilities, are inadequately
318	documented.
319	4.  Section 556.105(12), relating to the need to cease
320	excavation or demolition activities because of contact or damage
321	to an underground facility.
322	5.  Section 556.105(5)(a) and (b), 556.105(5)(b) and (c)
323	relating to identification of underground facilities, if a
324	member operator does not mark an underground facility, but not
325	if a member operator marks an underground facility incorrectly.
326	6.  Section 556.109(2), relating to falsely notifying the
327	system of an emergency situation or condition.
328	7.  Section 556.114(1), (2), (3), and (4), relating to a
329	failure to follow low-impact marking practices, as defined
330	therein.
331	(b)  Any excavator or member operator who commits a
332	noncriminal infraction under paragraph (a) may be issued a
333	citation by any local or state law enforcement officer,
334	government code inspector, or code enforcement officer, and the
335	issuer of a citation may require an excavator to cease work on
336	any excavation or not start a proposed excavation until there
337	has been compliance with the provisions of this chapter.
338	Citations shall be hand delivered to any employee of the
339	excavator or member operator who is involved in the noncriminal
340	infraction. The citation shall be issued in the name of the
341	excavator or member operator, whichever is applicable.
342	(c)  Any excavator or member operator who commits a
343	noncriminal infraction under paragraph (a) may be required to
344	pay a appear before the county court. The civil penalty for each
345	any such infraction, which is $500 $250 plus court costs, except
346	as otherwise provided in this section. If a citation is issued
347	by a local law enforcement officer, a local government code
348	inspector, or a code enforcement officer, 80 percent of the
349	civil penalty collected by the clerk of the court shall be
350	distributed to the local governmental entity whose employee
351	issued the citation and 20 percent of the penalty shall be
352	retained by the clerk to cover administrative costs, in addition
353	to other court costs. If a citation is issued by a state law
354	enforcement officer, the civil penalty collected by the clerk
355	shall be retained by the clerk for deposit into the fine and
356	forfeiture fund established pursuant to s. 142.01. Any person
357	who fails to appear or otherwise properly respond to a citation
358	issued pursuant to paragraph (b) (d) shall, in addition to the
359	citation, be charged with the offense of failing to respond to
360	the such citation and, upon conviction, commits a misdemeanor of
361	the second degree, punishable as provided in s. 775.082 or s.
362	775.083. A written warning to this effect must shall be provided
363	at the time any citation is issued pursuant to paragraph (b).
364	(d)  Any person cited for an infraction under paragraph
365	(a), unless required to appear before the county court, may:
366	1.  post a bond, which shall be equal in amount to the
367	applicable civil penalty plus court costs; or
368	2.  Sign and accept a citation indicating a promise to
369	appear before the county court.
370
371	The person issuing the citation may indicate on the citation the
372	time and location of the scheduled hearing and shall indicate
373	the applicable civil penalty.
374	(e)  A Any person charged with a noncriminal infraction
375	under paragraph (a), unless required to appear before the county
376	court, may:
377	1.  pay the civil penalty plus court costs, in lieu of
378	appearance, either by mail or in person, within 30 days after
379	the date of receiving the citation; or
380	2.  Forfeit bond, if a bond has been posted, by not
381	appearing at the designated time and location.
382
383	If the person cited pays the civil penalty follows either of the
384	above procedures, she or he is deemed to have admitted to
385	committing the infraction and to have waived the right to a
386	hearing on the issue of commission of the infraction. The
387	admission may be used as evidence in any other proceeding under
388	this chapter.
389	(f)  Any person may elect electing to appear before the
390	county court and if so electing or who is required to appear
391	shall be deemed to have waived the limitations on the civil
392	penalty specified in paragraph (c). The court, after a hearing,
393	shall make a determination as to whether an infraction has been
394	committed. If the commission of an infraction has been proven,
395	the court may impose a civil penalty not to exceed $5,000 plus
396	court costs. In determining the amount of the civil penalty, the
397	court may consider previous noncriminal infractions committed.
398	(g)  At a court hearing or a hearing before the Division of
399	Administrative Hearings under this chapter, the commission of a
400	charged infraction must be proven by a preponderance of the
401	evidence.
402	(h)  If a person is found by a judge or the hearing
403	official to have committed an infraction, the person may appeal
404	that finding to the circuit court.
405	(i)  Sunshine State One-Call of Florida, Inc., may, at its
406	own cost, retain an attorney to assist in the presentation of
407	relevant facts and law in the county court or administrative
408	proceeding pertaining to the citation issued under this section
409	or to any alleged violation that may have contributed to an
410	alleged incident. The corporation may also appear in any case
411	appealed to the circuit court if a county court judge or
412	administrative hearing officer finds that an infraction of the
413	chapter was committed. An appellant in the circuit court
414	proceeding shall timely notify the corporation of any appeal
415	under this section.
416	(j)1.  Violation of any of the infractions listed in
417	paragraph (a) which may constitute an incident must be reported
418	to the system by an excavator or a member operator within 24
419	hours after learning that the threshold for an incident has been
420	met.
421	2.  Upon receipt of information that an incident has
422	occurred, the system shall contract with the Division of
423	Administrative Hearings to conduct a hearing to determine
424	whether there have been any violations of paragraph (a) which
425	were a proximate cause of the incident.
426	3.  The division has jurisdiction in a proceeding under
427	this paragraph to determine the facts and law surrounding any
428	incident and to impose a fine against any violator in an amount
429	that may not exceed $50,000 for any violation of paragraph (a)
430	which was a proximate cause of the incident.
431	4.  Any fine imposed by the division must be in addition to
432	any amount payable as a result of a citation relating to the
433	incident.
434	5.  A fine against an excavator or a member operator levied
435	under this paragraph must be paid to the system, which shall use
436	the proceeds of the fines exclusively for damage-prevention
437	education.
438	(2)  REPORT OF INFRACTIONS.-By March 31 of each year, each
439	clerk of court shall submit a report to Sunshine State One-Call
440	of Florida, Inc., listing each violation notice written under
441	paragraph (1)(a) which has been filed in that county during the
442	preceding calendar year. The report must state the name and
443	address of the member or excavator who committed each infraction
444	and indicate whether or not the civil penalty for the infraction
445	was paid.
446	(3)(2)  MISDEMEANORS.-Any person who knowingly and
447	willfully removes or otherwise destroys the valid stakes or
448	other valid physical markings described in s. 556.105(5)(a) and
449	(b) s. 556.105(5)(b) and (c) used to mark the horizontal route
450	of an underground facility commits a misdemeanor of the second
451	degree, punishable as provided in s. 775.082 or s. 775.083. For
452	purposes of this subsection, stakes or other nonpermanent
453	physical markings are considered valid for 30 calendar days
454	after information is provided to the system under s.
455	556.105(1)(a) s. 556.105(1)(c).
456	Section 7.  Section 556.109, Florida Statutes, is amended
457	to read:
458	556.109  Emergency excavations or demolitions attempted;
459	exception.-
460	(1)  The provisions of This act does do not apply to making
461	an excavation or demolition during an emergency if, provided the
462	system or the member operator was notified at the earliest
463	opportunity and all reasonable precautions had been taken to
464	protect any underground facility. For the purposes of this act,
465	"emergency" means any condition constituting a clear and present
466	danger to life or property; a situation caused by the escape of
467	any substance transported by means of an underground facility;
468	any interruption of vital public service or communication caused
469	by any break or defect in a member operator's underground
470	facility; or, in the case of the State Highway System or streets
471	or roads maintained by a political subdivision or underground
472	facilities owned, operated, or maintained by a political
473	subdivision, if the use of such highways, streets, roads, or
474	underground facilities is, in the sole judgment of the
475	Department of Highway Safety and Motor Vehicles, the Department
476	of Transportation, or such political subdivision, impaired by an
477	unforeseen occurrence that which necessitates repair beginning
478	immediately after such occurrence.
479	(2)  An excavator need not notify the system that there is
480	an emergency unless the excavator reasonably believes that the
481	intended excavation or demolition is due to a situation or
482	condition as defined in subsection (1).
483	Section 8.  Section 556.110, Florida Statutes, is amended
484	to read:
485	556.110  Costs assessed among member operators.-Member
486	operators shall proportionately share in the cost of operating
487	the system through monthly assessments made upon each member
488	operator. However, any member that receives fewer than 10
489	notifications in any month shall not be assessed for such month.
490	Section 9.  Section 556.114, Florida Statutes, is created
491	to read:
492	556.114  Low-impact marking practices.-
493	(1)  An excavator providing notice under s. 556.105(1)(a)
494	shall identify in its notice only the area that will be
495	excavated during the period that the information in such notice
496	is considered valid under s. 556.105(1)(c).
497	(2)  When an excavator has not completed an excavation
498	noticed under s. 556.105(1)(a) within the period that the
499	information in the notice is considered valid under s.
500	556.105(1)(c), the excavator must provide a subsequent notice to
501	the system under s. 556.105(1)(a) to continue with the
502	excavation, and such subsequent notice shall identify only the
503	remaining area to be excavated.
504	(3)  When an excavation site cannot be described in
505	information provided under s. 556.105(1)(a) with sufficient
506	particularity to enable the member operator to ascertain the
507	excavation site, and if the excavator and member operator have
508	not mutually agreed otherwise, the excavator shall premark the
509	proposed area of the excavation before a member operator is
510	required to identify the horizontal route of its underground
511	facilities in the proximity of any excavation. However,
512	premarking is not required when the premarking could reasonably
513	interfere with traffic or pedestrian control.
514	(4)  Member operators shall mark the area described or
515	premarked by the excavator using temporary, nonpermanent paint,
516	flags, stakes, and other acceptable means.
517	(5)  Any horizontal route-identification marker must be in
518	a color identified in the Uniform Color Code for Utilities.
519	(6)  Sunshine State One-Call of Florida, Inc., shall
520	establish an educational program for the purpose of informing
521	excavators and member operators about low-impact marking
522	practices.
523	Section 10.  Section 556.115, Florida Statutes, is created
524	to read:
525	556.115  Alternative dispute resolution.-
526	(1)  Sunshine State One-Call of Florida, Inc., shall create
527	a voluntary alternative dispute resolution program. The program
528	shall be available to all member operators, excavators, and
529	other stakeholders, such as locators, utility service users, and
530	governmental or quasi-governmental entities, for purposes of
531	resolving disputes arising from excavation activities,
532	including, but not limited to, loss of services, down time,
533	delays, loss of use of facilities during restoration or
534	replacement, and similar economic disruptions, exclusive of
535	penalties imposed under other provisions of this act.
536	(2)  The alternative dispute resolution program created by
537	Sunshine State One-Call of Florida, Inc., shall include
538	mediation, arbitration, or other appropriate processes,
539	including the use of the services of the Division of
540	Administrative Hearings.
541	(3)  The costs of using the program shall be borne by the
542	voluntary users, and the voluntary users shall choose the form
543	of alternative dispute resolution to be used. If arbitration is
544	used, the users shall decide whether the arbitration will be
545	binding.
546	(4)  Unless binding arbitration is the chosen method of
547	alternative dispute resolution, the users or any one of such
548	users may end the process at any time and exercise the right to
549	proceed in a court of competent jurisdiction or before the
550	Division of Administrative Hearings.
551	(5)  This section does not change the basis for civil
552	liability for damages.
553	Section 11.  This act shall take effect July 1, 2010.

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