The Florida Senate

553.851  Protection of underground gas pipelines.--

(1)  DEFINITIONS.--As used in this section:

(a)  "Person" means any individual, firm, joint venture, partnership, corporation, association, authority, municipality, governmental unit, joint stock association, or business trust, whether or not incorporated, and includes any trustee, receiver, assignee, or personal representative thereof.

(b)  "Gas pipeline" means an underground facility and related facilities, including pipes, valves, regulators, vaults, and attachments, by which hydrocarbons in liquid or gaseous form are transmitted or furnished. This definition shall not include gas pipelines transporting liquefied petroleum gas when those pipelines are not regulated pursuant to s. 527.06(4), and the regulation of liquefied petroleum gas pipelines, including the provisions of this law, shall be under the jurisdiction of the Department of Agriculture and Consumer Services.

(c)  "Excavation" means an operation in which any structure, earth, rock, or other mass of material in or on the ground is moved, removed, or otherwise displaced by means of any tool, equipment, or explosive and includes, without limitation, wrecking, razing, grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing, and pile driving, except maintenance activities to restore road rights-of-way to original template.

(d)  "Excavator" means any person performing an excavation.

(e)  "Owner" means any person operating a gas pipeline.

(f)  "Damage" means any contact with a gas pipeline during excavation which necessitates the owner to repair the gas pipeline or the excavator, pursuant to authorization by the owner, to repair the gas pipeline, subject to supervision and inspection by the owner.

(g)  "Mark" means to indicate the horizontal location of a gas pipeline within 12 inches on either side of the gas pipeline by stakes, paint, or other suitable means generally accepted within the gas pipeline and construction industry. Upon request by the excavator for depth locations in specific areas, depth within 18 inches vertically on either side of the gas pipeline shall be indicated.

(2)  NOTICE AND MARKING REQUIREMENTS FOR EXCAVATION.--

(a)  No excavator shall commence or perform any excavation in any public or private street, alley, right-of-way dedicated to the public use, or gas utility easement without first obtaining information concerning the possible location of gas pipelines in the area of the proposed excavation from any person having the right to bury gas pipelines within the public or private street, alley, right-of-way, or gas utility easement. Such information may be requested by telephone, letter, telegraph, or messenger or in person, at the prework conference for the job requiring the proposed excavation, or by calling a utility notification center operating in the area.

(b)  Any owner having the right to bury gas pipelines shall file with the clerk of the circuit court and have recorded, in each county wherein the owner's gas pipelines are buried, the name, address, and telephone number of the owner from whom the necessary location information may be obtained. The clerk shall keep such records in a separate and readily available gas pipeline file.

(c)  The excavator shall notify the owner in the manner prescribed in paragraph (a) so that the owner receives notification at least 48 hours, excluding Saturdays, Sundays, and legal holidays, prior to starting excavation.

(d)  Upon receipt of a request for the location of gas pipelines, the owner shall assign such request a serial number, inform the requester of such number, and maintain a register showing the name, address, and telephone number of the requester, the site to which the request pertains, the time and date of the request, and the serial number assigned to the request, and the owner shall, within 48 hours, either mark the gas pipelines or notify the excavator that no gas pipeline exists in the area to which the request for information pertains.

(e)  No political subdivision of this state shall issue a permit for excavation until the applicant for such permit certifies that he or she has complied with the provisions of paragraphs (a) and (c).

(f)  Should any permit for excavation as described in paragraph (e) be held for more than 30 days prior to excavation, the excavator shall be required to again notify the owner not less than 48 hours or more than 5 days prior to commencing excavation.

(3)  EXCAVATION; LIABILITY FOR NEGLIGENCE; NOTICE OF DAMAGE OR DISLOCATION; EMERGENCIES.--

(a)  Obtaining information from the owner as required by subsection (2) does not excuse any excavator from performing an excavation in a careful and prudent manner, nor does it excuse such excavator from liability for any damage or injury resulting from any negligence of the excavator, provided the gas pipeline is correctly located.

(b)  In the event of any damage to, or dislocation of, any gas pipelines in connection with an excavation, the excavator shall immediately notify the owner of such damage or dislocation.

(c)  The provisions of subsection (2) are not applicable to any excavator performing an excavation in an emergency involving the public health, safety, or welfare.

History.--ss. 1, 2, 3, ch. 77-153; s. 1, ch. 78-82; s. 50, ch. 95-144; s. 4, ch. 95-317; s. 806, ch. 97-103.