The Florida Senate
BILL ANALYSIS AND FISCAL IMPACT STATEMENT
(This document is based on the provisions contained in the legislation as of the latest date listed below.)
Prepared By: The Professional Staff of the Committee on Governmental Oversight and Accountability
BILL: SB 708
INTRODUCER: Senator Burton
SUBJECT: Underground Facilities
DATE: January 26, 2024
ANALYST STAFF DIRECTOR REFERENCE ACTION
1. Schrader Imhof RI Favorable
2. McVaney McVaney GO Favorable
3. RC
I. Summary:
SB 708 revises Florida’s Underground Facility Damage Prevention and Safety Act
(ch. 556, F.S.), and underground excavation procedures under Sunshine State One-Call of
Florida, Inc. (also known as Sunshine 811). The bill:
Increases from two to three full business days the time period granted to excavators to notify
the Sunshine 811 system before beginning any excavation or demolition;
Increases from two to three full business days the time period within which persons who
furnish or transport materials or services by means of an underground facility must respond
to Sunshine 811 system notifications; and
Subjects an excavator’s failure to notify of an excavation start date for a high-priority
subsurface installation to enhanced civil penalties under s. 556.107(1)(a)2., F.S.
The bill also reenacts certain portions of ch. 566, F.S., to incorporate by reference the changes
made in the bill, reorders certain sections, and makes technical changes.
The bill is not expected to impact state and local government revenues and expenditures.
The bill takes effect October 1, 2024.
II. Present Situation:
Florida Underground Facility Damage Prevention and Safety Act
Chapter 556, F.S., is Florida’s Underground Facility Damage Prevention and Safety Act (act).
The purpose of the act is to:
REVISED: BILL: SB 708 Page 2
Prevent injuries, property damage, and interruption of services that could result from damage
to an underground facility
1
caused by excavation or demolition operations;
Create a not-for-profit corporation comprised of operators of underground facilities in this
state to administer the act;
Fund the cost of the administration of the corporation through contributions from member
operators for services provided to member operators and from charges made to others for
services requested and provided, such as record searches, education or training, and damage
prevention activities;
Reserve to the state the power to regulate any subject matter specifically addressed in the
act;
2
Permit any local law enforcement officer, local government code inspector, or code
enforcement officer to enforce the act without the need to incorporate the provisions of the
act into any local code or ordinance; and
Foster the awareness of federal laws and regulations that promote safety with respect to
underground facilities, including, but not limited to, the Federal Pipeline Safety Act of 1968,
as amended, the Pipeline Safety Improvement Act of 2002, OSHA Standard 1926.651, and
the National Electric Safety Code, ANSI C-2, by requiring and facilitating the advance notice
of activities by those who engage in excavation or demolition operations.
3
Pipeline and Hazardous Materials Safety Administration
The Pipeline and Hazardous Materials Safety Administration (PHMSA) is part of the United
States Department of Transportation. PHMSA’s purpose is to protect the public and the
environment by advancing safe transportation of energy and other essential potentially hazardous
materials. PHMSA “establishes national policy, sets and enforces standards, educates, and
conducts research to prevent incidents.” The agency is also involved in preparation of the public
and first responders to deal with hazardous materials incidents.
4
PHMSA’s Office of Pipeline Safety “is responsible for carrying out a national program to ensure
the safe, reliable, and environmentally-sound operation of the nation’s natural gas and hazardous
1
Section 556.102(13), F.S., defines the term “underground facility” as “any public or private personal property which is
buried, placed below ground, or submerged on any member operator’s right-of-way, easement, or permitted use which is
being used or will be used in connection with the storage or conveyance of water; sewage; electronic, telephonic, or
telegraphic communication; electric energy; oil; petroleum products; natural gas; optical signals; or other substances, and
includes, but is not limited to, pipelines, pipes, sewers, conduits, cables, valves, and lines.” For purposes of the act, “a
liquefied petroleum gas line regulated under chapter 527 is not an underground facility unless such line is subject to the
requirements of Title 49 C.F.R. adopted by the Department of Agriculture and Consumer Services, provided there is no
encroachment on any member operator’s right-of-way, easement, or permitted use.” Petroleum storage systems regulated
under ch. 376, F.S., are also not considered underground facilities for the purposes of the act “unless the storage system is
located on a member operator’s right-of-way or easement. Storm drainage systems are not considered underground facilities.”
2
Local governments may not adopt or enforce ordinances or rules that conflict with this chapter or that 1) require operators
of underground facilities to obtain permits from local governments in order to identify underground facilities, 2) require
premarking or marking, 3) specify the types of paint or other marking devices that are used to identify underground facilities,
or 4) require removal of marks. Section 556.101(3)(d), F.S.
3
Section 556.101, F.S.
4
Pipeline and Hazardous Materials Safety Administration, About PHMSA, https://www.phmsa.dot.gov/about-phmsa/phmsas-
mission (last visited Jan. 23, 2024). BILL: SB 708 Page 3
liquid pipeline transportation system.” As part of this responsibility, the Office of Pipeline
Safety:
Develops, proposes, and implements policy initiatives and regulations regarding operation of
pipelines;
Directs education and outreach efforts to promote adoption and the increased use of pipeline
safety programs by state and local governments, pipeline operators, and the public; and
Administers a national pipeline safety program to support compliance with Federal pipeline
safety regulations.
5
Sunshine State One-Call of Florida
The not-for-profit corporation created under ch. 556, F.S., is called Sunshine State One-Call of
Florida, Inc. (also known as Sunshine 811). Section 506.103, F.S., establishes Sunshine 811 with
the purpose to administer the act. Section 506.103(1), F.S., requires that each operator of an
underground facility in Florida must be a member of Sunshine 811 (i.e. member operator)
6
and
must use and participate in the free-access notification system established by Sunshine 811
(Sunshine 811 system).
7
Sunshine 811 Procedures
Sunshine 811 is required to provide a single toll-free telephone number (811) within Florida
which excavators can use to notify member operators of planned excavation or demolition
activities.
8
Excavators intending to conduct excavation or demolition must notify the Sunshine
811 system not less than two full business days before beginning operations that are not beneath
the waters of the state, and not less than 10 full business days if the operation is beneath the
waters of the state, with certain exceptions.
9
The excavator must also provide specified
identification, location, and operational information, which remains valid for 30 calendar days.
10
Each notification is recorded to document compliance with the act.
11
Upon receipt of this notice, the Sunshine 811 system provides the notifying excavator with a list
of the member operators who will be advised of the notification, along with a notification
number to be provided to law enforcement upon request.
12
The Sunshine 811 system in turn
notifies the potentially affected member operators of the planned excavation or demolition
activities.
13
Within two full business days after the time the notification is received by the
Sunshine 811 system (or 10 days if the proposed excavation is in proximity to facilities beneath
state waters), potentially affected member operators must determine the location of their
5
Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety, https://www.phmsa.dot.gov/about-
phmsa/offices/office-pipeline-safety (last visited Jan. 23, 2024).
6
Section 556.102, F.S., defines “member operator” as “any person who furnishes or transports materials or services by means
of an underground facility.”
7
See s. 556.102, F.S., which defines “system” for ch. 556, F.S.
8
Section 556.104, F.S.
9
Section 556.105(1)(a), F.S. Member operators with state-owned underground facilities located within the right-of-way of a
state highway need not be notified of excavation or demolition activities and are under no obligation to mark or locate
facilities. Section 556.105(5), F.S.
10
Section 556.105(1)(a)-(d), F.S.
11
Section 556.105(2), F.S.
12
Section 556.105(3) and (4), F.S.
13
Section 556.105(5), F.S. BILL: SB 708 Page 4
underground facilities in relation to the proposed excavation or demolition. If this cannot be done
in this time period, the member operator must contact the person giving notice and negotiate a
new schedule and time that is agreeable and does not unreasonably delay the excavator. If a
member operator determines that a proposed excavation or demolition is in proximity to or
conflicts with an underground facility, the member operator must identify the horizontal route of
the facility in a specified manner.
14
An excavator is required to delay excavations until one of the following events occurs:
Each member operator’s underground facilities have been marked and located;
The excavator has been notified that no member operator has underground facilities in the
area described in the notice; or
Expiration of the time allowed for markings.
If a member operator has not located and marked its underground facilities within the time
allowed for marking, the excavator may proceed with the excavation, provided that the excavator
does so with reasonable care and that detection equipment or other acceptable means to locate
underground facilities are used. An excavator may not conduct demolition in an area until all
member operators’ underground facilities have been marked and located or removed.
15
Violations of Sunshine 811 Requirements
Section 556.107, F.S., provides that certain violations of the act are noncriminal infractions
enforceable by citations issued by the State Fire Marshal or his or her agents as provided in
ss. 633.114 and 633.116, F.S.; the fire chief of a special district, municipality, or county; or any
local or state law enforcement officer, government code inspector, or code enforcement officer.
The issuer of a citation may also require an excavator to cease work on any excavation or not
start a proposed excavation until such excavator comes into compliance with the act.
16
Section 556.107(1)(a), F.S., provides two tiers of noncriminal infraction penalties. Excavators
and member operators who violate any of the following provisions of the act may be required to
pay a civil penalty of $500 plus court costs for each infraction:
17
Section 556.105(1), F.S., relating to excavators providing required information through the
Sunshine 811 system.
Section 556.105(5)(c), F.S., relating to increased cautionary practices required to be taken
during excavation in tolerance zones.
18
Section 556.105(6), F.S., relating to the avoidance of excavation during time allotted to
member operators for the marking or location of underground facilities.
Section 556.105(11), F.S., relating to the need to stop excavation or demolition because
marks are no longer visible, or, in the case of underwater facilities, are inadequately
documented.
14
Id.
15
Section 556.105(6), F.S.
16
Section 556.107(1)(b), F.S.
17
Section 556.107(1)(c)1., F.S.
18
Section 556.102(15), F.S., defines “tolerance zone” as being 24 inches from the outer edge of either side of the exterior
surface of a marked underground facility. BILL: SB 708 Page 5
Section 556.105(12), F.S., relating to the need to cease excavation or demolition activities
because of contact or damage to an underground facility.
Section 556.105(5)(a) and (b), F.S., relating to the requirement to identify underground
facilities, if a member operator does not mark an underground facility. The penalty does not
apply, however, if a member operator marks an underground facility incorrectly.
Section 556.109(2), F.S., relating to falsely notifying the Sunshine 811 system of an
emergency situation or condition.
Section 556.114(1), (2), (3), and (4), F.S., relating to a failure to follow low-impact marking
practices, as defined in those subsections.
19
Section 556.107(1)(a)2., F.S., provides enhanced penalties if an excavator or member operator
violates the provisions of ss. 556.105(1), 556.105(5)(c), 556.105(6), 556.105(11), and
556.105(12), F.S., as identified above, involving an underground facility transporting hazardous
materials that are regulated by the PHMSA. Such violators may be required to pay an enhanced
civil penalty of $2,500 plus court costs for each infraction.
20
Eighty percent of these civil penalties are distributed to the government entity whose employee
issued the citation, with 20 percent of the penalty retained by the clerk of the court to cover
administrative costs.
21
Section 556.107, F.S., also provides for criminal penalties for certain violations, specifying that
all of the following are misdemeanors of the second degree:
22
Failure to properly respond to the noncriminal infractions specified in s. 556.107(1)(a), F.S.,
issued pursuant to s. 556.107(1)(b), F.S.;
23
Knowingly and willfully removing or otherwise destroying the valid stakes or other valid
physical markings used to mark the horizontal route of an underground facility;
24
and
Knowingly and willfully removing or damaging a permanent marker placed to identify the
approximate location of an underground facility.
25
High-Priority Subsurface Installations
Section 556.102, F.S., defines a “high-priority subsurface installation” as “an underground gas
transmission or gas distribution pipeline, or an underground pipeline used to transport gasoline,
jet fuel, or any other refined petroleum product or hazardous or highly volatile liquid, such as
anhydrous ammonia or carbon dioxide, if the pipeline is deemed to be critical by the operator of
the pipeline and is identified as a high-priority subsurface installation to an excavator who has
provided a notice of intent to excavate under s. 556.105(1), F.S., or would have been identified
as a high-priority subsurface installation except for the excavator’s failure to give proper notice
of intent to excavate.”
19
Section 556.107(1)(a)1., F.S.
20
Section 556.107(1)(c)2., F.S.
21
Section 556.107(1)(c), F.S.
22
Section 775.082(4)(b), F.S., provides that a misdemeanor of the second degree is punishable by a term of imprisonment not
to exceed 60 days. Section 775.083(1)(e), F.S., provides that a misdemeanor of the second degree is punishable by a fine not
to exceed $500.
23
Section 556.107(1)(c)3., F.S.
24
Section 556.107(3), F.S.
25
Id. BILL: SB 708 Page 6
Regarding high-priority subsurface installations, s. 556.116(1), F.S., requires that:
When an excavator proposes to excavate or demolish within 15 feet of the horizontal route of
an underground facility that has been identified as a high-priority subsurface installation by
the member operator of such a facility, the operator must, in addition to the identification
requirements in s. 556.105(5)(a) and (b), F.S., notify the excavator that the facility is a high-
priority subsurface installation. This must be done within the time period required in
s. 556.105(9)(a), F.S;
Upon the provision of such notice by the member operator, an excavator must notify the
member operator of the planned excavation start date and time before beginning excavation;
and
If the member operator fails to timely provide such notice, the excavator may proceed to
excavate without notifying the member operator of the excavation start date and time.
According to Sunshine 811, owners of high-priority subsurface installations have notified
Sunshine 811 that “there is a significant problem with excavators failing to provide the date and
start time of excavation.”
26
Currently, violations of this provision of s. 556.116(1), F.S., are not
violations for which a civil penalty may be issued under s. 556.107, F.S.
Increase in Sunshine 811 Locate Requests
With the continuing substantial growth Florida has had over the past 10 years, the Sunshine 811
system has seen an increase from 1.4 million locate request tickets in the 2014-2015 fiscal year
to 2.2 million locate request tickets in the 2022-2023 fiscal year (a 57 percent increase).
27
According to Sunshine 811, this growth “has made it difficult for the utilities to fulfill all of the
locate requests within 2 days. Sunshine 811’s data shows that approximately 16 [percent] of
locate requests are not fulfilled within 2 days, putting underground facilities, public safety and
the environment at risk.”
28
III. Effect of Proposed Changes:
Section 1 amends s. 556.105, F.S., to increase the time period from two full business days to
three full business day that an excavator must provide information to the Sunshine 811 system
before the excavator begins any excavation or demolition that is not beneath the waters of the
state. The notice period remains at 10 full business days for any excavation or demolition that is
beneath the waters of the state.
Section 1 also increases the time period from two full business days to three full business days
that member operators are granted to respond to notifications from the Sunshine 811 system for
excavations or demolitions that are not beneath the waters of the state. The response period
remains 10 full business days for any excavation or demolition that is beneath the waters of the
state.
26
Email from Chris Lyon, Attorney, Lewis, Longman & Walker, P.A. representing Sunshine 811, to Senate Regulated
Industries Staff regarding SB 708 (Dec. 18, 2023)(on file with the Senate Regulated Industries Committee).
27
Compare Sunshine 881, 2014-15 Annual Report, 3, available at: https://www.sunshine811.com/annual-reports (1.4 million
tickets), with Sunshine 881, 2022-23 Annual Report, 3, available at: https://www.sunshine811.com/annual-reports
(2.2 million tickets) (last visited Jan. 23, 2024).
28
Lyon, supra note 26. BILL: SB 708 Page 7
Section 2 amends s. 556.107, F.S., to add to the violations subject to enhanced penalties
29
an
excavator’s failure to notify of a planned excavation start date and time before beginning
excavation, if the member operator provides timely notice of the existence of a high-priority
subsurface installation. Section 2 also reenacts s. 556.107(3), F.S., relating to misdemeanor
violations, to incorporate by reference changes made in Section 1 of this bill.
Sections 3, 4, and 5 reenact ss. 556.102, 556.108, and 556.114, relating to the definition of
“high-priority subsurface installation,” exemptions from notification requirements, low-impact
marking practices, respectively, to incorporate by reference changes made in Section 1 of this
bill.
Section 6 reenacts s. 556.116, F.S., relating to special procedures for high-priority marking
practices, to incorporate by reference changes made in sections 1 and 2 of this bill.
Section 7 provides an effective date of October 1, 2024.
IV. Constitutional Issues:
A. Municipality/County Mandates Restrictions:
Not applicable. The bill does not require counties or municipalities to take an action
requiring the expenditure of funds, reduce the authority that counties or municipalities
have to raise revenue in the aggregate, nor reduce the percentage of state tax shared with
counties or municipalities.
B. Public Records/Open Meetings Issues:
None.
C. Trust Funds Restrictions:
None.
D. State Tax or Fee Increases:
None.
E. Other Constitutional Issues:
None identified.
V. Fiscal Impact Statement:
A. Tax/Fee Issues:
None.
29
If such violation involves an underground facility transporting hazardous materials that are regulated by PHMSA. BILL: SB 708 Page 8
B. Private Sector Impact:
Member operators and excavators that violate the requirements for high-priority
subsurface installations under s. 556.116(1), F.S., may have a negative financial impact
from the new penalty provisions provided in the bill.
C. Government Sector Impact:
The bill may have an indeterminate, positive impact on state and local government
revenues for the new penalty provisions provided for violations of s. 556.116(1), F.S. As
provided under s. 556.107(1)(c), F.S., civil penalties collected pursuant to s. 556.107,
F.S., are distributed 80 percent to the government entity whose employee issued the
citation, with 20 percent of the penalty retained by the clerk of the court to cover
administrative costs. Citations may be issued by the State Fire Marshal or his or her
agents as provided in ss. 633.114 and 633.116, F.S.; the fire chief of a special district,
municipality, or county; or any local or state law enforcement officer, government code
inspector, or code enforcement officer.
30
VI. Technical Deficiencies:
None.
VII. Related Issues:
None.
VIII. Statutes Affected:
This bill substantially amends sections 556.105 and 556.107 of the Florida Statutes.
This bill reenacts sections 556.102, 556.107, 556.108, 556.114, and 556.116 of the Florida
Statutes.
IX. Additional Information:
A. Committee Substitute – Statement of Changes:
(Summarizing differences between the Committee Substitute and the prior version of the bill.)
None.
B. Amendments:
None.
This Senate Bill Analysis does not reflect the intent or official position of the bill’s introducer or the Florida Senate.
30
Section 556.107,(1)(b), F.S.