Florida Senate - 2012 COMMITTEE AMENDMENT
Bill No. SB 1866
Barcode 759918
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
02/03/2012 .
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The Committee on Transportation (Evers) recommended the
following:
1 Senate Amendment
2
3 Delete lines 1726 - 1837
4 and insert:
5 Section 35. Section 337.403, Florida Statutes, is amended
6 to read:
7 337.403 Interference caused by relocation of utility;
8 expenses.—
9 (1) When a Any utility heretofore or hereafter placed upon,
10 under, over, or along any public road or publicly owned rail
11 corridor that is found by the authority to be unreasonably
12 interfering in any way with the convenient, safe, or continuous
13 use, or the maintenance, improvement, extension, or expansion,
14 of such public road or publicly owned rail corridor, the utility
15 owner shall, upon 30 days’ written notice to the utility or its
16 agent by the authority, initiate the work necessary to alleviate
17 the interference be removed or relocated by such utility at its
18 own expense except as provided in paragraphs (a)-(f). The work
19 must be completed within such reasonable time as stated in the
20 notice or such time as agreed to by the authority and the
21 utility owner.
22 (a) If the relocation of utility facilities, as referred to
23 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
24 627 of the 84th Congress, is necessitated by the construction of
25 a project on the federal-aid interstate system, including
26 extensions thereof within urban areas, and the cost of the
27 project is eligible and approved for reimbursement by the
28 Federal Government to the extent of 90 percent or more under the
29 Federal Aid Highway Act, or any amendment thereof, then in that
30 event the utility owning or operating such facilities shall
31 perform any necessary work relocate the facilities upon notice
32 from order of the department, and the state shall pay the entire
33 expense properly attributable to such work relocation after
34 deducting therefrom any increase in the value of any the new
35 facility and any salvage value derived from any the old
36 facility.
37 (b) When a joint agreement between the department and the
38 utility is executed for utility improvement, relocation, or
39 removal work to be accomplished as part of a contract for
40 construction of a transportation facility, the department may
41 participate in those utility work improvement, relocation, or
42 removal costs that exceed the department’s official estimate of
43 the cost of the work by more than 10 percent. The amount of such
44 participation shall be limited to the difference between the
45 official estimate of all the work in the joint agreement plus 10
46 percent and the amount awarded for this work in the construction
47 contract for such work. The department may not participate in
48 any utility work improvement, relocation, or removal costs that
49 occur as a result of changes or additions during the course of
50 the contract.
51 (c) When an agreement between the department and utility is
52 executed for utility improvement, relocation, or removal work to
53 be accomplished in advance of a contract for construction of a
54 transportation facility, the department may participate in the
55 cost of clearing and grubbing necessary to perform such work.
56 (d) If the utility facility involved being removed or
57 relocated was initially installed to exclusively serve the
58 department, its tenants, or both, the department shall bear the
59 costs of the utility work removing or relocating that utility
60 facility. However, the department is not responsible for bearing
61 the cost of utility work related to removing or relocating any
62 subsequent additions to that facility for the purpose of serving
63 others.
64 (e) If, under an agreement between a utility and the
65 authority entered into after July 1, 2009, the utility conveys,
66 subordinates, or relinquishes a compensable property right to
67 the authority for the purpose of accommodating the acquisition
68 or use of the right-of-way by the authority, without the
69 agreement expressly addressing future responsibility for the
70 cost of necessary utility work removing or relocating the
71 utility, the authority shall bear the cost of removal or
72 relocation. This paragraph does not impair or restrict, and may
73 not be used to interpret, the terms of any such agreement
74 entered into before July 1, 2009.
75 (f) If the utility is an electric facility being relocated
76 underground in order to enhance vehicular, bicycle, and
77 pedestrian safety and in which ownership of the electric
78 facility to be placed underground has been transferred from a
79 private to a public utility within the past 5 years, the
80 department shall incur all costs of the necessary utility work
81 relocation.
82 (2) If such utility work removal or relocation is
83 incidental to work to be done on such road or publicly owned
84 rail corridor, the notice shall be given at the same time the
85 contract for the work is advertised for bids, or no less than 30
86 days prior to the commencement of such work by the authority,
87 whichever is greater.
88 (3) Whenever the notice from an order of the authority
89 requires such utility work removal or change in the location of
90 any utility from the right-of-way of a public road or publicly
91 owned rail corridor, and the owner thereof fails to perform the
92 work remove or change the same at his or her own expense to
93 conform to the order within the time stated in the notice or
94 such other time as agreed to by the authority and the utility
95 owner, the authority shall proceed to cause the utility work to
96 be performed to be removed. The expense thereby incurred shall
97 be paid out of any money available therefor, and such expense
98 shall, except as provided in subsection (1), be charged against
99 the owner and levied and collected and paid into the fund from
100 which the expense of such relocation was paid.
101 Section 36. Subsection (1) of section 337.404, Florida
102 Statutes, is amended to read:
103 337.404 Removal or relocation of utility facilities; notice
104 and order; court review.—
105 (1) Whenever it becomes shall become necessary for the
106 authority to perform utility work remove or relocate any utility
107 as provided in s. 337.403 the preceding section, the owner of
108 the utility, or the owner’s chief agent, shall be given notice
109 that the authority will perform of such work removal or
110 relocation and, after the work is complete, given an order
111 requiring the payment of the cost thereof, and a shall be given
112 reasonable time, which may shall not be less than 20 or nor more
113 than 30 days, in which to appear before the authority to contest
114 the reasonableness of the order. Should the owner or the owner’s
115 representative not appear, the determination of the cost to the
116 owner shall be final. Authorities considered agencies for the
117 purposes of chapter 120 shall adjudicate removal or relocation
118 of utilities pursuant to chapter 120.