HB 825 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to underground facilities; amending s. 2
556.105, F.S.; revising the timeframe within which an 3
excavator is required to provide certain information 4
through the free-access notification system 5
established by Sunshine State One -Call of Florida, 6
Inc., before beginning certain excavation or 7
demolition activities; revising the timeframes during 8
which member operators who receive such notifications 9
are required to mark the horizontal route of an 10
underground facility and provide a positive response 11
to the system; making technical changes; reordering 12
and amending s. 556.107, F.S., and reenacting 13
paragraph (3)(a) of that section; providing a 14
noncriminal infraction subject to enhanced civil 15
penalties for a specified violation; making technical 16
changes; reenacting ss. 556.102(8), 556.108, and 17
556.114(1)-(4), F.S., relating to the definition of 18
the term "high-priority subsurface installation," 19
exemptions to certain notification requirements, and 20
low-impact marking practices, respectively, to 21
incorporate the amendment made to s. 556.105, F.S., in 22
references thereto; reenacting s. 556.116(1) and 23
(2)(a)-(d), F.S., relating to high -priority subsurface 24
installations, to incorporate the amendments made to 25
HB 825 2024
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
ss. 556.105 and 556.107, F.S., in references thereto; 26
providing an effective date. 27
28
Be It Enacted by the Legislature of the State of Florida: 29
30
Section 1. Paragraph (a) of subsection (1), paragraph (a) 31
of subsection (5), and paragraph (a) of subsection (9) of 32
section 556.105, Florida Statutes, are amended to read: 33
556.105 Procedures. — 34
(1)(a) Not less than 3 2 full business days before 35
beginning any excavation or demolition that is not beneath the 36
waters of the state, and not less than 10 full business days 37
before beginning any excavation or demolition that is beneath 38
the waters of the state, an excavator shall provide the 39
following information through the system: 40
1. The name of the individual who provided notification 41
and the name, address, including the street address, city, 42
state, zip code, and tele phone number of her or his employer. 43
2. The name and telephone number of the representative for 44
the excavator, and a valid electronic address to facilitate a 45
positive response by the system should be provided, if 46
available. 47
3. The county, the city or c losest city, and the street 48
address or the closest street, road, or intersection to the 49
location where the excavation or demolition is to be performed, 50
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and the construction limits of the excavation or demolition. 51
4. The commencement date and anticipated duration of the 52
excavation or demolition. 53
5. Whether machinery will be used for the excavation or 54
demolition. 55
6. The person or entity for whom the work is to be done. 56
7. The type of work to be done. 57
8. The approximate depth of the excavation. 58
(5) All member operators within the defined area of a 59
proposed excavation or demolition shall be promptly notified 60
through the system, except that member operators with state -61
owned underground facilities located within the right -of-way of 62
a state highway need not be notified of excavation or demolition 63
activities and are under no obligation to mark or locate the 64
facilities. 65
(a) If a member operator determines that a proposed 66
excavation or demolition is in proximity to or in conflict with 67
an underground facil ity of the member operator, except a 68
facility beneath the waters of the state, which is governed by 69
paragraph (b), the member operator must shall identify the 70
horizontal route by marking to within 24 inches from the outer 71
edge of either side of the undergr ound facility by the use of 72
stakes, paint, flags, or other suitable means within 3 2 full 73
business days after the time the notification is received under 74
subsection (1). If the member operator is unable to respond 75
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within such time, the member operator must shall communicate 76
with the person making the request and negotiate a new schedule 77
and time that is agreeable to, and should not unreasonably 78
delay, the excavator. 79
(9)(a) After receiving notification from the system, a 80
member operator shall provide a positive response to the system 81
within 3 2 full business days, or 10 such days for an underwater 82
excavation or demolition, indicating the status of operations to 83
protect the facility. 84
Section 2. Paragraph (a) of subsection (1) of section 85
556.107, Florida Statutes, is reordered and amended, and 86
paragraph (a) of subsection (3) is reenacted, to read: 87
556.107 Violations. — 88
(1) NONCRIMINAL INFRACTIONS. — 89
(a)1. Violations of the following provisions are 90
noncriminal infractions: 91
a. Section 556.105(1), relating to providing required 92
information. 93
c.b. Section 556.105(5)(c), relating to excavation 94
practices in tolerance zones. 95
d.c. Section 556.105(6), relating to the avoidance of 96
excavation. 97
e.d. Section 556.105(11), relating to the need to stop 98
excavation or demolition because marks are no longer visible, 99
or, in the case of underwater facilities, are inadequately 100
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documented. 101
f.e. Section 556.105(12), relating to t he need to cease 102
excavation or demolition activities because of contact or damage 103
to an underground facility. 104
b.f. Section 556.105(5)(a) and (b), relating to 105
identification of underground facilities, if a member operator 106
does not mark an underground faci lity, but not if a member 107
operator marks an underground facility incorrectly. 108
g. Section 556.109(2), relating to falsely notifying the 109
system of an emergency situation or condition. 110
h. Section 556.114(1), (2), (3), and (4), relating to a 111
failure to follow low-impact marking practices, as defined 112
therein. 113
2. Violations of the following provisions involving an 114
underground facility transporting hazardous materials that are 115
regulated by the Pipeline and Hazardous Materials Safety 116
Administration of the Uni ted States Department of Transportation 117
are noncriminal infractions, subject to enhanced civil penalties 118
under paragraph (c): 119
a. Section 556.105(1), relating to providing required 120
information. 121
b. Section 556.105(5)(c), relating to excavation practices 122
in tolerance zones. 123
c. Section 556.105(6), relating to the avoidance of 124
certain excavation. 125
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d. Section 556.105(11), relating to the need to stop 126
excavation or demolition because certain marks are removed, no 127
longer visible, or inadequately documented. 128
e. Section 556.105(12), relating to the need to cease 129
excavation or demolition activities because of contact or damage 130
to an underground facility. 131
f. Section 556.116(1), relating to a failure to notify of 132
the planned excavation start date and time befo re beginning 133
excavation, if the member operator provides timely notice of the 134
existence of a high-priority subsurface installation. 135
(3) MISDEMEANORS.— 136
(a) Any person who knowingly and willfully removes or 137
otherwise destroys the valid stakes or other va lid physical 138
markings described in s. 556.105(5)(a) and (b) used to mark the 139
horizontal route of an underground facility commits a 140
misdemeanor of the second degree, punishable as provided in s. 141
775.082 or s. 775.083. For purposes of this subsection, stakes 142
or other nonpermanent physical markings are considered valid for 143
30 calendar days after information is provided to the system 144
under s. 556.105(1)(a). 145
Section 3. For the purpose of incorporating the amendment 146
made by this act to section 556.105, Florid a Statutes, in a 147
reference thereto, subsection (8) of section 556.102, Florida 148
Statutes, is reenacted to read: 149
556.102 Definitions. —As used in this act: 150
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(8) "High-priority subsurface installation" means an 151
underground gas transmission or gas distributi on pipeline, or an 152
underground pipeline used to transport gasoline, jet fuel, or 153
any other refined petroleum product or hazardous or highly 154
volatile liquid, such as anhydrous ammonia or carbon dioxide, if 155
the pipeline is deemed to be critical by the operat or of the 156
pipeline and is identified as a high -priority subsurface 157
installation to an excavator who has provided a notice of intent 158
to excavate under s. 556.105(1), or would have been identified 159
as a high-priority subsurface installation except for the 160
excavator's failure to give proper notice of intent to excavate. 161
Section 4. For the purpose of incorporating the amendment 162
made by this act to section 556.105, Florida Statutes, in a 163
reference thereto, section 556.108, Florida Statutes, is 164
reenacted to read: 165
556.108 Exemptions. —The notification requirements provided 166
in s. 556.105(1) do not apply to: 167
(1) Any excavation or demolition performed by the owner of 168
a single-family residential property, not including property 169
that is subdivided or is to be subd ivided into more than one 170
single-family residential property; or for such owner by a 171
member operator or an agent of a member operator when such 172
excavation or demolition is made entirely on such land, and only 173
up to a depth of 10 inches; provided due care i s used and there 174
is no encroachment on any member operator's right -of-way, 175
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easement, or permitted use. 176
(2) Any excavation or demolition associated with normal 177
agricultural or railroad activities, provided such activities 178
are not performed on any operator 's marked right-of-way, 179
easement, or permitted use. 180
(3) Any excavation or demolition that occurs as the result 181
of normal industrial activities, provided such activities are 182
confined to the immediate secured property of the facility and 183
the activities are not performed on any operator's marked right -184
of-way, easement, or permitted use. For the purposes of this 185
act, the industrial activities are limited to the following list 186
of Standard Industrial Classifications: Industry Group Numbers 187
141, 206, 242, 243, a nd 491, and Major Group Numbers 13, 26, 28, 188
and 29, as published by the United States Office of Management 189
and Budget in 1987. 190
(4) Any excavation of 18 inches or less for: 191
(a) Surveying public or private property by surveyors or 192
mappers as defined in c hapter 472 and services performed by a 193
pest control licensee under chapter 482, excluding marked 194
rights-of-way, marked easements, or permitted uses where marked, 195
if mechanized equipment is not used in the process of such 196
surveying or pest control services and the surveying or pest 197
control services are performed in accordance with the practice 198
rules established under s. 472.027 or s. 482.051, respectively; 199
(b) Maintenance activities performed by a state agency and 200
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its employees when such activities are wit hin the right-of-way 201
of a public road; however, if a member operator has permanently 202
marked facilities on such right -of-way, mechanized equipment may 203
not be used without first providing notification; or 204
(c) Locating, repairing, connecting, adjusting, or routine 205
maintenance of a private or public underground utility facility 206
by an excavator, if the excavator is performing such work for 207
the current owner or future owner of the underground facility 208
and if mechanized equipment is not used. 209
(5)(a) Any excavation with hand tools by a member operator 210
or an agent of a member operator for: 211
1. Locating, repairing, connecting, or protecting, or 212
routine maintenance of, the member operator's underground 213
facilities; or 214
2. The extension of a member operator's under ground 215
facilities onto the property of a person to be served by such 216
facilities. 217
(b) The exemption provided in this subsection is limited 218
to excavations to a depth of 30 inches if the right -of-way has 219
permanently marked facilities of a company other than the member 220
operator or its agents performing the excavation. 221
Section 5. For the purpose of incorporating the amendment 222
made by this act to section 556.105, Florida Statutes, in 223
references thereto, subsections (1) through (4) of section 224
556.114, Florida Statutes, are reenacted to read: 225
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556.114 Low-impact marking practices. — 226
(1) An excavator providing notice under s. 556.105(1)(a) 227
shall identify in its notice only the area that will be 228
excavated during the period that the information in such notice 229
is considered valid under s. 556.105(1)(c). 230
(2) When an excavator has not completed an excavation 231
noticed under s. 556.105(1)(a) within the period that the 232
information in the notice is considered valid under s. 233
556.105(1)(c), the excavator must provide a subsequent notice to 234
the system under s. 556.105(1)(a) to continue with the 235
excavation, and such subsequent notice shall identify only the 236
remaining area to be excavated. 237
(3) When an excavation site cannot be described in 238
information provided under s. 55 6.105(1)(a) with sufficient 239
particularity to enable the member operator to ascertain the 240
excavation site, and if the excavator and member operator have 241
not mutually agreed otherwise, the excavator shall premark the 242
proposed area of the excavation before a member operator is 243
required to identify the horizontal route of its underground 244
facilities in the proximity of any excavation. However, 245
premarking is not required when the premarking could reasonably 246
interfere with traffic or pedestrian control. 247
(4) A member operator shall identify the horizontal route 248
of its underground facilities as set forth in s. 556.105(5)(a) 249
and (b), and excavators shall premark an excavation site as set 250
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forth in subsection (3) using flags or stakes or temporary, 251
nonpermanent paint or other industry-accepted low-impact marking 252
practices. 253
Section 6. For the purpose of incorporating the amendments 254
made by this act to sections 556.105 and 556.107, Florida 255
Statutes, in references thereto, subsection (1) and paragraphs 256
(a) through (d) of subsection (2) of section 556.116, Florida 257
Statutes, are reenacted to read: 258
556.116 High-priority subsurface installations; special 259
procedures.— 260
(1) When an excavator proposes to excavate or demolish 261
within 15 feet of the horizontal route of an und erground 262
facility that has been identified as a high -priority subsurface 263
installation by the operator of the facility, the operator 264
shall, in addition to identifying the horizontal route of its 265
facility as set forth in s. 556.105(5)(a) and (b), and within 266
the time period set forth in s. 556.105(9)(a) for a positive 267
response, notify the excavator that the facility is a high -268
priority subsurface installation. If the member operator 269
provides such timely notice of the existence of a high -priority 270
subsurface installation, an excavator shall notify the operator 271
of the planned excavation start date and time before beginning 272
excavation. If the member operator does not provide timely 273
notice, the excavator may proceed, after waiting the prescribed 274
time period set forth in s. 556.105(9)(a), to excavate without 275
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notifying the member operator of the excavation start date and 276
time. The exemptions stated in s. 556.108 apply to the 277
notification requirements in this subsection. 278
(2)(a) An alleged commission of an infraction li sted in s. 279
556.107(1) which results in an incident must be reported to the 280
system and the State Fire Marshal by a member operator or an 281
excavator within 24 hours after learning of the alleged 282
occurrence of an incident. 283
(b) Upon receipt of an allegation t hat an incident has 284
occurred, the member operator or excavator shall transmit an 285
incident report to the State Fire Marshal, who shall conduct an 286
investigation to determine whether an incident has occurred, 287
and, if so, whether a violation of s. 556.107(1)(a ) was a 288
proximate cause of the incident. The State Fire Marshal may 289
authorize his or her agents, as provided in ss. 633.114, 290
633.116, and 633.118, to conduct investigations of incidents. 291
(c) The State Fire Marshal or his or her agents as 292
provided in ss. 633.114, 633.116, and 633.118 may issue a 293
citation and impose a civil penalty against a violator in an 294
amount not to exceed $50,000 if the person violated a provision 295
of s. 556.107(1)(a) and that violation was a proximate cause of 296
the incident. However, if a state agency or political 297
subdivision caused the incident, the state agency or political 298
subdivision may not be fined in an amount in excess of $10,000. 299
(d) The civil penalty imposed under this subsection is in 300
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addition to any amount payable as a resu lt of a citation 301
relating to the incident under s. 556.107(1)(a). 302
Section 7. This act shall take effect October 1, 2024. 303