Florida Senate - 2024                                     SB 708
       
       
        
       By Senator Burton
       
       
       
       
       
       12-00847-24                                            2024708__
    1                        A bill to be entitled                      
    2         An act relating to underground facilities; amending s.
    3         556.105, F.S.; revising the timeframe within which an
    4         excavator is required to provide certain information
    5         through the free-access notification system
    6         established by Sunshine State One-Call of Florida,
    7         Inc., before beginning certain excavation or
    8         demolition activities; revising the timeframes during
    9         which member operators who receive such notifications
   10         are required to mark the horizontal route of an
   11         underground facility and provide a positive response
   12         to the system; making technical changes; reordering
   13         and amending s. 556.107, F.S., and reenacting
   14         paragraph (3)(a) of that section; providing a
   15         noncriminal infraction subject to enhanced civil
   16         penalties for a specified violation; making technical
   17         changes; reenacting ss. 556.102(8), 556.108, and
   18         556.114(1)-(4), F.S., relating to the definition of
   19         the term “high-priority subsurface installation,”
   20         exemptions to certain notification requirements, and
   21         low-impact marking practices, respectively, to
   22         incorporate the amendment made to s. 556.105, F.S., in
   23         references thereto; reenacting s. 556.116(1) and
   24         (2)(a)-(d), F.S., relating to high-priority subsurface
   25         installations, to incorporate the amendments made to
   26         ss. 556.105 and 556.107, F.S., in references thereto;
   27         providing an effective date.
   28          
   29  Be It Enacted by the Legislature of the State of Florida:
   30  
   31         Section 1. Paragraph (a) of subsection (1), paragraph (a)
   32  of subsection (5), and paragraph (a) of subsection (9) of
   33  section 556.105, Florida Statutes, are amended to read:
   34         556.105 Procedures.—
   35         (1)(a) Not less than 3 2 full business days before
   36  beginning any excavation or demolition that is not beneath the
   37  waters of the state, and not less than 10 full business days
   38  before beginning any excavation or demolition that is beneath
   39  the waters of the state, an excavator shall provide the
   40  following information through the system:
   41         1. The name of the individual who provided notification and
   42  the name, address, including the street address, city, state,
   43  zip code, and telephone number of her or his employer.
   44         2. The name and telephone number of the representative for
   45  the excavator, and a valid electronic address to facilitate a
   46  positive response by the system should be provided, if
   47  available.
   48         3. The county, the city or closest city, and the street
   49  address or the closest street, road, or intersection to the
   50  location where the excavation or demolition is to be performed,
   51  and the construction limits of the excavation or demolition.
   52         4. The commencement date and anticipated duration of the
   53  excavation or demolition.
   54         5. Whether machinery will be used for the excavation or
   55  demolition.
   56         6. The person or entity for whom the work is to be done.
   57         7. The type of work to be done.
   58         8. The approximate depth of the excavation.
   59         (5) All member operators within the defined area of a
   60  proposed excavation or demolition shall be promptly notified
   61  through the system, except that member operators with state
   62  owned underground facilities located within the right-of-way of
   63  a state highway need not be notified of excavation or demolition
   64  activities and are under no obligation to mark or locate the
   65  facilities.
   66         (a) If a member operator determines that a proposed
   67  excavation or demolition is in proximity to or in conflict with
   68  an underground facility of the member operator, except a
   69  facility beneath the waters of the state, which is governed by
   70  paragraph (b), the member operator must shall identify the
   71  horizontal route by marking to within 24 inches from the outer
   72  edge of either side of the underground facility by the use of
   73  stakes, paint, flags, or other suitable means within 3 2 full
   74  business days after the time the notification is received under
   75  subsection (1). If the member operator is unable to respond
   76  within such time, the member operator must shall communicate
   77  with the person making the request and negotiate a new schedule
   78  and time that is agreeable to, and should not unreasonably
   79  delay, the excavator.
   80         (9)(a) After receiving notification from the system, a
   81  member operator shall provide a positive response to the system
   82  within 3 2 full business days, or 10 such days for an underwater
   83  excavation or demolition, indicating the status of operations to
   84  protect the facility.
   85         Section 2. Paragraph (a) of subsection (1) of section
   86  556.107, Florida Statutes, is reordered and amended, and
   87  paragraph (a) of subsection (3) is reenacted, to read:
   88         556.107 Violations.—
   89         (1) NONCRIMINAL INFRACTIONS.—
   90         (a)1. Violations of the following provisions are
   91  noncriminal infractions:
   92         a. Section 556.105(1), relating to providing required
   93  information.
   94         c.b. Section 556.105(5)(c), relating to excavation
   95  practices in tolerance zones.
   96         d.c. Section 556.105(6), relating to the avoidance of
   97  excavation.
   98         e.d. Section 556.105(11), relating to the need to stop
   99  excavation or demolition because marks are no longer visible,
  100  or, in the case of underwater facilities, are inadequately
  101  documented.
  102         f.e. Section 556.105(12), relating to the need to cease
  103  excavation or demolition activities because of contact or damage
  104  to an underground facility.
  105         b.f. Section 556.105(5)(a) and (b), relating to
  106  identification of underground facilities, if a member operator
  107  does not mark an underground facility, but not if a member
  108  operator marks an underground facility incorrectly.
  109         g. Section 556.109(2), relating to falsely notifying the
  110  system of an emergency situation or condition.
  111         h. Section 556.114(1), (2), (3), and (4), relating to a
  112  failure to follow low-impact marking practices, as defined
  113  therein.
  114         2. Violations of the following provisions involving an
  115  underground facility transporting hazardous materials that are
  116  regulated by the Pipeline and Hazardous Materials Safety
  117  Administration of the United States Department of Transportation
  118  are noncriminal infractions, subject to enhanced civil penalties
  119  under paragraph (c):
  120         a. Section 556.105(1), relating to providing required
  121  information.
  122         b. Section 556.105(5)(c), relating to excavation practices
  123  in tolerance zones.
  124         c. Section 556.105(6), relating to the avoidance of certain
  125  excavation.
  126         d. Section 556.105(11), relating to the need to stop
  127  excavation or demolition because certain marks are removed, no
  128  longer visible, or inadequately documented.
  129         e. Section 556.105(12), relating to the need to cease
  130  excavation or demolition activities because of contact or damage
  131  to an underground facility.
  132         f.Section 556.116(1), relating to a failure to notify of
  133  the planned excavation start date and time before beginning
  134  excavation, if the member operator provides timely notice of the
  135  existence of a high-priority subsurface installation.
  136         (3) MISDEMEANORS.—
  137         (a) Any person who knowingly and willfully removes or
  138  otherwise destroys the valid stakes or other valid physical
  139  markings described in s. 556.105(5)(a) and (b) used to mark the
  140  horizontal route of an underground facility commits a
  141  misdemeanor of the second degree, punishable as provided in s.
  142  775.082 or s. 775.083. For purposes of this subsection, stakes
  143  or other nonpermanent physical markings are considered valid for
  144  30 calendar days after information is provided to the system
  145  under s. 556.105(1)(a).
  146         Section 3. For the purpose of incorporating the amendment
  147  made by this act to section 556.105, Florida Statutes, in a
  148  reference thereto, subsection (8) of section 556.102, Florida
  149  Statutes, is reenacted to read:
  150         556.102 Definitions.—As used in this act:
  151         (8) “High-priority subsurface installation” means an
  152  underground gas transmission or gas distribution pipeline, or an
  153  underground pipeline used to transport gasoline, jet fuel, or
  154  any other refined petroleum product or hazardous or highly
  155  volatile liquid, such as anhydrous ammonia or carbon dioxide, if
  156  the pipeline is deemed to be critical by the operator of the
  157  pipeline and is identified as a high-priority subsurface
  158  installation to an excavator who has provided a notice of intent
  159  to excavate under s. 556.105(1), or would have been identified
  160  as a high-priority subsurface installation except for the
  161  excavator’s failure to give proper notice of intent to excavate.
  162         Section 4. For the purpose of incorporating the amendment
  163  made by this act to section 556.105, Florida Statutes, in a
  164  reference thereto, section 556.108, Florida Statutes, is
  165  reenacted to read:
  166         556.108 Exemptions.—The notification requirements provided
  167  in s. 556.105(1) do not apply to:
  168         (1) Any excavation or demolition performed by the owner of
  169  a single-family residential property, not including property
  170  that is subdivided or is to be subdivided into more than one
  171  single-family residential property; or for such owner by a
  172  member operator or an agent of a member operator when such
  173  excavation or demolition is made entirely on such land, and only
  174  up to a depth of 10 inches; provided due care is used and there
  175  is no encroachment on any member operator’s right-of-way,
  176  easement, or permitted use.
  177         (2) Any excavation or demolition associated with normal
  178  agricultural or railroad activities, provided such activities
  179  are not performed on any operator’s marked right-of-way,
  180  easement, or permitted use.
  181         (3) Any excavation or demolition that occurs as the result
  182  of normal industrial activities, provided such activities are
  183  confined to the immediate secured property of the facility and
  184  the activities are not performed on any operator’s marked right
  185  of-way, easement, or permitted use. For the purposes of this
  186  act, the industrial activities are limited to the following list
  187  of Standard Industrial Classifications: Industry Group Numbers
  188  141, 206, 242, 243, and 491, and Major Group Numbers 13, 26, 28,
  189  and 29, as published by the United States Office of Management
  190  and Budget in 1987.
  191         (4) Any excavation of 18 inches or less for:
  192         (a) Surveying public or private property by surveyors or
  193  mappers as defined in chapter 472 and services performed by a
  194  pest control licensee under chapter 482, excluding marked
  195  rights-of-way, marked easements, or permitted uses where marked,
  196  if mechanized equipment is not used in the process of such
  197  surveying or pest control services and the surveying or pest
  198  control services are performed in accordance with the practice
  199  rules established under s. 472.027 or s. 482.051, respectively;
  200         (b) Maintenance activities performed by a state agency and
  201  its employees when such activities are within the right-of-way
  202  of a public road; however, if a member operator has permanently
  203  marked facilities on such right-of-way, mechanized equipment may
  204  not be used without first providing notification; or
  205         (c) Locating, repairing, connecting, adjusting, or routine
  206  maintenance of a private or public underground utility facility
  207  by an excavator, if the excavator is performing such work for
  208  the current owner or future owner of the underground facility
  209  and if mechanized equipment is not used.
  210         (5)(a) Any excavation with hand tools by a member operator
  211  or an agent of a member operator for:
  212         1. Locating, repairing, connecting, or protecting, or
  213  routine maintenance of, the member operator’s underground
  214  facilities; or
  215         2. The extension of a member operator’s underground
  216  facilities onto the property of a person to be served by such
  217  facilities.
  218         (b) The exemption provided in this subsection is limited to
  219  excavations to a depth of 30 inches if the right-of-way has
  220  permanently marked facilities of a company other than the member
  221  operator or its agents performing the excavation.
  222         Section 5. For the purpose of incorporating the amendment
  223  made by this act to section 556.105, Florida Statutes, in
  224  references thereto, subsections (1) through (4) of section
  225  556.114, Florida Statutes, are reenacted to read:
  226         556.114 Low-impact marking practices.—
  227         (1) An excavator providing notice under s. 556.105(1)(a)
  228  shall identify in its notice only the area that will be
  229  excavated during the period that the information in such notice
  230  is considered valid under s. 556.105(1)(c).
  231         (2) When an excavator has not completed an excavation
  232  noticed under s. 556.105(1)(a) within the period that the
  233  information in the notice is considered valid under s.
  234  556.105(1)(c), the excavator must provide a subsequent notice to
  235  the system under s. 556.105(1)(a) to continue with the
  236  excavation, and such subsequent notice shall identify only the
  237  remaining area to be excavated.
  238         (3) When an excavation site cannot be described in
  239  information provided under s. 556.105(1)(a) with sufficient
  240  particularity to enable the member operator to ascertain the
  241  excavation site, and if the excavator and member operator have
  242  not mutually agreed otherwise, the excavator shall premark the
  243  proposed area of the excavation before a member operator is
  244  required to identify the horizontal route of its underground
  245  facilities in the proximity of any excavation. However,
  246  premarking is not required when the premarking could reasonably
  247  interfere with traffic or pedestrian control.
  248         (4) A member operator shall identify the horizontal route
  249  of its underground facilities as set forth in s. 556.105(5)(a)
  250  and (b), and excavators shall premark an excavation site as set
  251  forth in subsection (3) using flags or stakes or temporary,
  252  nonpermanent paint or other industry-accepted low-impact marking
  253  practices.
  254         Section 6. For the purpose of incorporating the amendments
  255  made by this act to sections 556.105 and 556.107, Florida
  256  Statutes, in references thereto, subsection (1) and paragraphs
  257  (a) through (d) of subsection (2) of section 556.116, Florida
  258  Statutes, are reenacted to read:
  259         556.116 High-priority subsurface installations; special
  260  procedures.—
  261         (1) When an excavator proposes to excavate or demolish
  262  within 15 feet of the horizontal route of an underground
  263  facility that has been identified as a high-priority subsurface
  264  installation by the operator of the facility, the operator
  265  shall, in addition to identifying the horizontal route of its
  266  facility as set forth in s. 556.105(5)(a) and (b), and within
  267  the time period set forth in s. 556.105(9)(a) for a positive
  268  response, notify the excavator that the facility is a high
  269  priority subsurface installation. If the member operator
  270  provides such timely notice of the existence of a high-priority
  271  subsurface installation, an excavator shall notify the operator
  272  of the planned excavation start date and time before beginning
  273  excavation. If the member operator does not provide timely
  274  notice, the excavator may proceed, after waiting the prescribed
  275  time period set forth in s. 556.105(9)(a), to excavate without
  276  notifying the member operator of the excavation start date and
  277  time. The exemptions stated in s. 556.108 apply to the
  278  notification requirements in this subsection.
  279         (2)(a) An alleged commission of an infraction listed in s.
  280  556.107(1) which results in an incident must be reported to the
  281  system and the State Fire Marshal by a member operator or an
  282  excavator within 24 hours after learning of the alleged
  283  occurrence of an incident.
  284         (b) Upon receipt of an allegation that an incident has
  285  occurred, the member operator or excavator shall transmit an
  286  incident report to the State Fire Marshal, who shall conduct an
  287  investigation to determine whether an incident has occurred,
  288  and, if so, whether a violation of s. 556.107(1)(a) was a
  289  proximate cause of the incident. The State Fire Marshal may
  290  authorize his or her agents, as provided in ss. 633.114,
  291  633.116, and 633.118, to conduct investigations of incidents.
  292         (c) The State Fire Marshal or his or her agents as provided
  293  in ss. 633.114, 633.116, and 633.118 may issue a citation and
  294  impose a civil penalty against a violator in an amount not to
  295  exceed $50,000 if the person violated a provision of s.
  296  556.107(1)(a) and that violation was a proximate cause of the
  297  incident. However, if a state agency or political subdivision
  298  caused the incident, the state agency or political subdivision
  299  may not be fined in an amount in excess of $10,000.
  300         (d) The civil penalty imposed under this subsection is in
  301  addition to any amount payable as a result of a citation
  302  relating to the incident under s. 556.107(1)(a).
  303         Section 7. This act shall take effect October 1, 2024.