Florida Senate - 2013                        COMMITTEE AMENDMENT
       Bill No. SB 1132
       
       
       
       
       
       
                                Barcode 229756                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  03/07/2013           .                                
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       The Committee on Transportation (Evers) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Between lines 407 and 408
    4  insert:
    5         Section 3. Subsections (1) and (5) of section 125.42,
    6  Florida Statutes, are amended to read:
    7         125.42 Water, sewage, gas, power, telephone, other utility,
    8  and television lines along county roads and highways.—
    9         (1) The board of county commissioners, with respect to
   10  property located without the corporate limits of any
   11  municipality, is authorized to grant a license to any person or
   12  private corporation to construct, maintain, repair, operate, and
   13  remove lines for the transmission of water, sewage, gas, power,
   14  telephone, other public utilities, and television within the
   15  right-of-way limits of under, on, over, across and along any
   16  county highway or any public road or highway acquired by the
   17  county or public by purchase, gift, devise, dedication, or
   18  prescription. However, the board of county commissioners shall
   19  include in any instrument granting such license adequate
   20  provisions:
   21         (a) To prevent the creation of any obstructions or
   22  conditions which are or may become dangerous to the traveling
   23  public;
   24         (b) To require the licensee to repair any damage or injury
   25  to the road or highway by reason of the exercise of the
   26  privileges granted in any instrument creating such license and
   27  to repair the road or highway promptly, restoring it to a
   28  condition at least equal to that which existed immediately prior
   29  to the infliction of such damage or injury;
   30         (c) If Whereby the licensee holds shall hold the board of
   31  county commissioners and members thereof harmless from the
   32  payment of any compensation or damages resulting from the
   33  exercise of the privileges granted in any instrument creating
   34  the license; and
   35         (d) As may be reasonably necessary, for the protection of
   36  the county and the public.
   37         (5) In the event of widening, repair, or reconstruction of
   38  any such road, the licensee shall move or remove such water,
   39  sewage, gas, power, telephone, and other utility lines and
   40  television lines at no cost to the county if a facility is found
   41  to be unreasonably interfering, except as provided in s.
   42  337.403(1)(d)-(g) 337.403(1)(e).
   43  
   44  ================= T I T L E  A M E N D M E N T ================
   45         And the title is amended as follows:
   46         Between lines 10 and 11
   47  insert:
   48         amending s. 125.42, F.S.; revising provisions to
   49         conform to changes made by the act; providing that in
   50         order for a water, sewage, gas, power, telephone, or
   51         other utility line and television lines to be required
   52         to be moved at no cost to a county, the facility must
   53         be found to be unreasonably interfering with the
   54         widening, repair, or reconstruction of a road;
   55         revising exceptions to the requirement;