Florida 2024 Regular Session

Florida House Bill H0825 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 825 2024
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10	10	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
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14	14	A bill to be entitled 1
15	15	An act relating to underground facilities; amending s. 2
16	16	556.105, F.S.; revising the timeframe within which an 3
17	17	excavator is required to provide certain information 4
18	18	through the free-access notification system 5
19	19	established by Sunshine State One -Call of Florida, 6
20	20	Inc., before beginning certain excavation or 7
21	21	demolition activities; revising the timeframes during 8
22	22	which member operators who receive such notifications 9
23	23	are required to mark the horizontal route of an 10
24	24	underground facility and provide a positive response 11
25	25	to the system; making technical changes; reordering 12
26	26	and amending s. 556.107, F.S., and reenacting 13
27	27	paragraph (3)(a) of that section; providing a 14
28	28	noncriminal infraction subject to enhanced civil 15
29	29	penalties for a specified violation; making technical 16
30	30	changes; reenacting ss. 556.102(8), 556.108, and 17
31	31	556.114(1)-(4), F.S., relating to the definition of 18
32	32	the term "high-priority subsurface installation," 19
33	33	exemptions to certain notification requirements, and 20
34	34	low-impact marking practices, respectively, to 21
35	35	incorporate the amendment made to s. 556.105, F.S., in 22
36	36	references thereto; reenacting s. 556.116(1) and 23
37	37	(2)(a)-(d), F.S., relating to high -priority subsurface 24
38	38	installations, to incorporate the amendments made to 25
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40	40	HB 825 2024
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47	47	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
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49	49
50	50
51	51	ss. 556.105 and 556.107, F.S., in references thereto; 26
52	52	providing an effective date. 27
53	53	28
54	54	Be It Enacted by the Legislature of the State of Florida: 29
55	55	30
56	56	Section 1. Paragraph (a) of subsection (1), paragraph (a) 31
57	57	of subsection (5), and paragraph (a) of subsection (9) of 32
58	58	section 556.105, Florida Statutes, are amended to read: 33
59	59	556.105 Procedures. — 34
60	60	(1)(a) Not less than 3 2 full business days before 35
61	61	beginning any excavation or demolition that is not beneath the 36
62	62	waters of the state, and not less than 10 full business days 37
63	63	before beginning any excavation or demolition that is beneath 38
64	64	the waters of the state, an excavator shall provide the 39
65	65	following information through the system: 40
66	66	1. The name of the individual who provided notification 41
67	67	and the name, address, including the street address, city, 42
68	68	state, zip code, and tele phone number of her or his employer. 43
69	69	2. The name and telephone number of the representative for 44
70	70	the excavator, and a valid electronic address to facilitate a 45
71	71	positive response by the system should be provided, if 46
72	72	available. 47
73	73	3. The county, the city or c losest city, and the street 48
74	74	address or the closest street, road, or intersection to the 49
75	75	location where the excavation or demolition is to be performed, 50
76	76
77	77	HB 825 2024
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84	84	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
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86	86
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88	88	and the construction limits of the excavation or demolition. 51
89	89	4. The commencement date and anticipated duration of the 52
90	90	excavation or demolition. 53
91	91	5. Whether machinery will be used for the excavation or 54
92	92	demolition. 55
93	93	6. The person or entity for whom the work is to be done. 56
94	94	7. The type of work to be done. 57
95	95	8. The approximate depth of the excavation. 58
96	96	(5) All member operators within the defined area of a 59
97	97	proposed excavation or demolition shall be promptly notified 60
98	98	through the system, except that member operators with state -61
99	99	owned underground facilities located within the right -of-way of 62
100	100	a state highway need not be notified of excavation or demolition 63
101	101	activities and are under no obligation to mark or locate the 64
102	102	facilities. 65
103	103	(a) If a member operator determines that a proposed 66
104	104	excavation or demolition is in proximity to or in conflict with 67
105	105	an underground facil ity of the member operator, except a 68
106	106	facility beneath the waters of the state, which is governed by 69
107	107	paragraph (b), the member operator must shall identify the 70
108	108	horizontal route by marking to within 24 inches from the outer 71
109	109	edge of either side of the undergr ound facility by the use of 72
110	110	stakes, paint, flags, or other suitable means within 3 2 full 73
111	111	business days after the time the notification is received under 74
112	112	subsection (1). If the member operator is unable to respond 75
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121	121	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
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123	123
124	124
125	125	within such time, the member operator must shall communicate 76
126	126	with the person making the request and negotiate a new schedule 77
127	127	and time that is agreeable to, and should not unreasonably 78
128	128	delay, the excavator. 79
129	129	(9)(a) After receiving notification from the system, a 80
130	130	member operator shall provide a positive response to the system 81
131	131	within 3 2 full business days, or 10 such days for an underwater 82
132	132	excavation or demolition, indicating the status of operations to 83
133	133	protect the facility. 84
134	134	Section 2. Paragraph (a) of subsection (1) of section 85
135	135	556.107, Florida Statutes, is reordered and amended, and 86
136	136	paragraph (a) of subsection (3) is reenacted, to read: 87
137	137	556.107 Violations. — 88
138	138	(1) NONCRIMINAL INFRACTIONS. — 89
139	139	(a)1. Violations of the following provisions are 90
140	140	noncriminal infractions: 91
141	141	a. Section 556.105(1), relating to providing required 92
142	142	information. 93
143	143	c.b. Section 556.105(5)(c), relating to excavation 94
144	144	practices in tolerance zones. 95
145	145	d.c. Section 556.105(6), relating to the avoidance of 96
146	146	excavation. 97
147	147	e.d. Section 556.105(11), relating to the need to stop 98
148	148	excavation or demolition because marks are no longer visible, 99
149	149	or, in the case of underwater facilities, are inadequately 100
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158	158	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
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160	160
161	161
162	162	documented. 101
163	163	f.e. Section 556.105(12), relating to t he need to cease 102
164	164	excavation or demolition activities because of contact or damage 103
165	165	to an underground facility. 104
166	166	b.f. Section 556.105(5)(a) and (b), relating to 105
167	167	identification of underground facilities, if a member operator 106
168	168	does not mark an underground faci lity, but not if a member 107
169	169	operator marks an underground facility incorrectly. 108
170	170	g. Section 556.109(2), relating to falsely notifying the 109
171	171	system of an emergency situation or condition. 110
172	172	h. Section 556.114(1), (2), (3), and (4), relating to a 111
173	173	failure to follow low-impact marking practices, as defined 112
174	174	therein. 113
175	175	2. Violations of the following provisions involving an 114
176	176	underground facility transporting hazardous materials that are 115
177	177	regulated by the Pipeline and Hazardous Materials Safety 116
178	178	Administration of the Uni ted States Department of Transportation 117
179	179	are noncriminal infractions, subject to enhanced civil penalties 118
180	180	under paragraph (c): 119
181	181	a. Section 556.105(1), relating to providing required 120
182	182	information. 121
183	183	b. Section 556.105(5)(c), relating to excavation practices 122
184	184	in tolerance zones. 123
185	185	c. Section 556.105(6), relating to the avoidance of 124
186	186	certain excavation. 125
187	187
188	188	HB 825 2024
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192	192	CODING: Words stricken are deletions; words underlined are additions.
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195	195	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
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198	198
199	199	d. Section 556.105(11), relating to the need to stop 126
200	200	excavation or demolition because certain marks are removed, no 127
201	201	longer visible, or inadequately documented. 128
202	202	e. Section 556.105(12), relating to the need to cease 129
203	203	excavation or demolition activities because of contact or damage 130
204	204	to an underground facility. 131
205	205	f. Section 556.116(1), relating to a failure to notify of 132
206	206	the planned excavation start date and time befo re beginning 133
207	207	excavation, if the member operator provides timely notice of the 134
208	208	existence of a high-priority subsurface installation. 135
209	209	(3) MISDEMEANORS.— 136
210	210	(a) Any person who knowingly and willfully removes or 137
211	211	otherwise destroys the valid stakes or other va lid physical 138
212	212	markings described in s. 556.105(5)(a) and (b) used to mark the 139
213	213	horizontal route of an underground facility commits a 140
214	214	misdemeanor of the second degree, punishable as provided in s. 141
215	215	775.082 or s. 775.083. For purposes of this subsection, stakes 142
216	216	or other nonpermanent physical markings are considered valid for 143
217	217	30 calendar days after information is provided to the system 144
218	218	under s. 556.105(1)(a). 145
219	219	Section 3. For the purpose of incorporating the amendment 146
220	220	made by this act to section 556.105, Florid a Statutes, in a 147
221	221	reference thereto, subsection (8) of section 556.102, Florida 148
222	222	Statutes, is reenacted to read: 149
223	223	556.102 Definitions. —As used in this act: 150
224	224
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232	232	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
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236	236	(8) "High-priority subsurface installation" means an 151
237	237	underground gas transmission or gas distributi on pipeline, or an 152
238	238	underground pipeline used to transport gasoline, jet fuel, or 153
239	239	any other refined petroleum product or hazardous or highly 154
240	240	volatile liquid, such as anhydrous ammonia or carbon dioxide, if 155
241	241	the pipeline is deemed to be critical by the operat or of the 156
242	242	pipeline and is identified as a high -priority subsurface 157
243	243	installation to an excavator who has provided a notice of intent 158
244	244	to excavate under s. 556.105(1), or would have been identified 159
245	245	as a high-priority subsurface installation except for the 160
246	246	excavator's failure to give proper notice of intent to excavate. 161
247	247	Section 4. For the purpose of incorporating the amendment 162
248	248	made by this act to section 556.105, Florida Statutes, in a 163
249	249	reference thereto, section 556.108, Florida Statutes, is 164
250	250	reenacted to read: 165
251	251	556.108 Exemptions. —The notification requirements provided 166
252	252	in s. 556.105(1) do not apply to: 167
253	253	(1) Any excavation or demolition performed by the owner of 168
254	254	a single-family residential property, not including property 169
255	255	that is subdivided or is to be subd ivided into more than one 170
256	256	single-family residential property; or for such owner by a 171
257	257	member operator or an agent of a member operator when such 172
258	258	excavation or demolition is made entirely on such land, and only 173
259	259	up to a depth of 10 inches; provided due care i s used and there 174
260	260	is no encroachment on any member operator's right -of-way, 175
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262	262	HB 825 2024
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269	269	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
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271	271
272	272
273	273	easement, or permitted use. 176
274	274	(2) Any excavation or demolition associated with normal 177
275	275	agricultural or railroad activities, provided such activities 178
276	276	are not performed on any operator 's marked right-of-way, 179
277	277	easement, or permitted use. 180
278	278	(3) Any excavation or demolition that occurs as the result 181
279	279	of normal industrial activities, provided such activities are 182
280	280	confined to the immediate secured property of the facility and 183
281	281	the activities are not performed on any operator's marked right -184
282	282	of-way, easement, or permitted use. For the purposes of this 185
283	283	act, the industrial activities are limited to the following list 186
284	284	of Standard Industrial Classifications: Industry Group Numbers 187
285	285	141, 206, 242, 243, a nd 491, and Major Group Numbers 13, 26, 28, 188
286	286	and 29, as published by the United States Office of Management 189
287	287	and Budget in 1987. 190
288	288	(4) Any excavation of 18 inches or less for: 191
289	289	(a) Surveying public or private property by surveyors or 192
290	290	mappers as defined in c hapter 472 and services performed by a 193
291	291	pest control licensee under chapter 482, excluding marked 194
292	292	rights-of-way, marked easements, or permitted uses where marked, 195
293	293	if mechanized equipment is not used in the process of such 196
294	294	surveying or pest control services and the surveying or pest 197
295	295	control services are performed in accordance with the practice 198
296	296	rules established under s. 472.027 or s. 482.051, respectively; 199
297	297	(b) Maintenance activities performed by a state agency and 200
298	298
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306	306	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
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310	310	its employees when such activities are wit hin the right-of-way 201
311	311	of a public road; however, if a member operator has permanently 202
312	312	marked facilities on such right -of-way, mechanized equipment may 203
313	313	not be used without first providing notification; or 204
314	314	(c) Locating, repairing, connecting, adjusting, or routine 205
315	315	maintenance of a private or public underground utility facility 206
316	316	by an excavator, if the excavator is performing such work for 207
317	317	the current owner or future owner of the underground facility 208
318	318	and if mechanized equipment is not used. 209
319	319	(5)(a) Any excavation with hand tools by a member operator 210
320	320	or an agent of a member operator for: 211
321	321	1. Locating, repairing, connecting, or protecting, or 212
322	322	routine maintenance of, the member operator's underground 213
323	323	facilities; or 214
324	324	2. The extension of a member operator's under ground 215
325	325	facilities onto the property of a person to be served by such 216
326	326	facilities. 217
327	327	(b) The exemption provided in this subsection is limited 218
328	328	to excavations to a depth of 30 inches if the right -of-way has 219
329	329	permanently marked facilities of a company other than the member 220
330	330	operator or its agents performing the excavation. 221
331	331	Section 5. For the purpose of incorporating the amendment 222
332	332	made by this act to section 556.105, Florida Statutes, in 223
333	333	references thereto, subsections (1) through (4) of section 224
334	334	556.114, Florida Statutes, are reenacted to read: 225
335	335
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340	340	CODING: Words stricken are deletions; words underlined are additions.
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343	343	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
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347	347	556.114 Low-impact marking practices. — 226
348	348	(1) An excavator providing notice under s. 556.105(1)(a) 227
349	349	shall identify in its notice only the area that will be 228
350	350	excavated during the period that the information in such notice 229
351	351	is considered valid under s. 556.105(1)(c). 230
352	352	(2) When an excavator has not completed an excavation 231
353	353	noticed under s. 556.105(1)(a) within the period that the 232
354	354	information in the notice is considered valid under s. 233
355	355	556.105(1)(c), the excavator must provide a subsequent notice to 234
356	356	the system under s. 556.105(1)(a) to continue with the 235
357	357	excavation, and such subsequent notice shall identify only the 236
358	358	remaining area to be excavated. 237
359	359	(3) When an excavation site cannot be described in 238
360	360	information provided under s. 55 6.105(1)(a) with sufficient 239
361	361	particularity to enable the member operator to ascertain the 240
362	362	excavation site, and if the excavator and member operator have 241
363	363	not mutually agreed otherwise, the excavator shall premark the 242
364	364	proposed area of the excavation before a member operator is 243
365	365	required to identify the horizontal route of its underground 244
366	366	facilities in the proximity of any excavation. However, 245
367	367	premarking is not required when the premarking could reasonably 246
368	368	interfere with traffic or pedestrian control. 247
369	369	(4) A member operator shall identify the horizontal route 248
370	370	of its underground facilities as set forth in s. 556.105(5)(a) 249
371	371	and (b), and excavators shall premark an excavation site as set 250
372	372
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380	380	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
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384	384	forth in subsection (3) using flags or stakes or temporary, 251
385	385	nonpermanent paint or other industry-accepted low-impact marking 252
386	386	practices. 253
387	387	Section 6. For the purpose of incorporating the amendments 254
388	388	made by this act to sections 556.105 and 556.107, Florida 255
389	389	Statutes, in references thereto, subsection (1) and paragraphs 256
390	390	(a) through (d) of subsection (2) of section 556.116, Florida 257
391	391	Statutes, are reenacted to read: 258
392	392	556.116 High-priority subsurface installations; special 259
393	393	procedures.— 260
394	394	(1) When an excavator proposes to excavate or demolish 261
395	395	within 15 feet of the horizontal route of an und erground 262
396	396	facility that has been identified as a high -priority subsurface 263
397	397	installation by the operator of the facility, the operator 264
398	398	shall, in addition to identifying the horizontal route of its 265
399	399	facility as set forth in s. 556.105(5)(a) and (b), and within 266
400	400	the time period set forth in s. 556.105(9)(a) for a positive 267
401	401	response, notify the excavator that the facility is a high -268
402	402	priority subsurface installation. If the member operator 269
403	403	provides such timely notice of the existence of a high -priority 270
404	404	subsurface installation, an excavator shall notify the operator 271
405	405	of the planned excavation start date and time before beginning 272
406	406	excavation. If the member operator does not provide timely 273
407	407	notice, the excavator may proceed, after waiting the prescribed 274
408	408	time period set forth in s. 556.105(9)(a), to excavate without 275
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417	417	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
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421	421	notifying the member operator of the excavation start date and 276
422	422	time. The exemptions stated in s. 556.108 apply to the 277
423	423	notification requirements in this subsection. 278
424	424	(2)(a) An alleged commission of an infraction li sted in s. 279
425	425	556.107(1) which results in an incident must be reported to the 280
426	426	system and the State Fire Marshal by a member operator or an 281
427	427	excavator within 24 hours after learning of the alleged 282
428	428	occurrence of an incident. 283
429	429	(b) Upon receipt of an allegation t hat an incident has 284
430	430	occurred, the member operator or excavator shall transmit an 285
431	431	incident report to the State Fire Marshal, who shall conduct an 286
432	432	investigation to determine whether an incident has occurred, 287
433	433	and, if so, whether a violation of s. 556.107(1)(a ) was a 288
434	434	proximate cause of the incident. The State Fire Marshal may 289
435	435	authorize his or her agents, as provided in ss. 633.114, 290
436	436	633.116, and 633.118, to conduct investigations of incidents. 291
437	437	(c) The State Fire Marshal or his or her agents as 292
438	438	provided in ss. 633.114, 633.116, and 633.118 may issue a 293
439	439	citation and impose a civil penalty against a violator in an 294
440	440	amount not to exceed $50,000 if the person violated a provision 295
441	441	of s. 556.107(1)(a) and that violation was a proximate cause of 296
442	442	the incident. However, if a state agency or political 297
443	443	subdivision caused the incident, the state agency or political 298
444	444	subdivision may not be fined in an amount in excess of $10,000. 299
445	445	(d) The civil penalty imposed under this subsection is in 300
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454	454	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
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458	458	addition to any amount payable as a resu lt of a citation 301
459	459	relating to the incident under s. 556.107(1)(a). 302
460	460	Section 7. This act shall take effect October 1, 2024. 303