556.101 Short title; legislative intent.— (1) This chapter may be cited as the “Underground Facility Damage Prevention and Safety Act.” (2) It is the intent of the Legislature to provide access for excavating contractors and the public to provide notification to the system of their intent to engage in excavation or demolition. This notification system shall provide the […]
556.102 Definitions.—As used in this act: (1) “Business days” means Monday through Friday, excluding the following holidays: New Year’s Day, Birthday of Dr. Martin Luther King, Jr., Memorial Day, Independence Day, Labor Day, Thanksgiving Day and the following Friday, Christmas Eve, and Christmas Day. Any such holiday that falls on a Saturday shall be observed on the […]
556.103 Creation of the corporation; establishment of the board of directors; authority of the board; annual report.— (1) The “Sunshine State One-Call of Florida, Inc.,” is created as a not-for-profit corporation. Each operator of an underground facility in this state shall be a member of the corporation and shall use and participate in the system. The corporation […]
556.104 Free-access notification system.—The corporation shall maintain a free-access notification system. Any person who furnishes or transports materials or services by means of an underground facility in this state shall participate as a member operator of the system. The purpose of the system is to receive notification of planned excavation or demolition activities and to notify […]
556.105 Procedures.— (1)(a) Not less than 2 full business days before beginning any excavation or demolition that is not beneath the waters of the state, and not less than 10 full business days before beginning any excavation or demolition that is beneath the waters of the state, an excavator shall provide the following information through the system: […]
556.106 Liability of the member operator, excavator, and system.— (1) There is no liability on the part of, and no cause of action of any nature shall arise against, the board members of the corporation in their capacity as administrators of the system. (2)(a) If a person violates s. 556.105(1) or (6), and subsequently, whether by himself or […]
556.107 Violations.— (1) NONCRIMINAL INFRACTIONS.— (a)1. Violations of the following provisions are noncriminal infractions: a. Section 556.105(1), relating to providing required information. b. Section 556.105(5)(c), relating to excavation practices in tolerance zones. c. Section 556.105(6), relating to the avoidance of excavation. d. Section 556.105(11), relating to the need to stop excavation or demolition because marks are no longer visible, or, in the […]
556.108 Exemptions.—The notification requirements provided in s. 556.105(1) do not apply to: (1) Any excavation or demolition performed by the owner of a single-family residential property, not including property that is subdivided or is to be subdivided into more than one single-family residential property; or for such owner by a member operator or an agent of a […]
556.109 Emergency excavations or demolitions attempted; exception.— (1) This act does not apply to making an excavation or demolition during an emergency if the system or the member operator was notified at the earliest opportunity and all reasonable precautions had been taken to protect any underground facility. For the purposes of this act, “emergency” means any condition […]
556.110 Costs assessed among member operators.—Member operators shall proportionately share in the cost of operating the system through monthly assessments made upon each member operator. History.—s. 10, ch. 93-240; s. 7, ch. 97-306; s. 7, ch. 2010-100.
556.111 Applicability to existing law.—Nothing in this act shall be construed to: (1) Constitute the establishment or enlargement of any rights to the use of real property or create an interest therein for the placement, construction, repair, maintenance, relocation, or excavation or demolition of any underground facility; (2) Waive any right of a party having an interest in […]
556.112 Design services.— (1) Each member operator shall provide to the system annually, and shall thereafter keep current, the contact names and telephone numbers of individuals who may be contacted by design engineers, architects, surveyors, and planners for the purpose of responding to requests for design services. (2) Each member operator shall provide to the system annually, and […]
556.113 Sunshine State One-Call of Florida, Inc.; public records exemption.— (1) As used in this section, the term “proprietary confidential business information” means information provided by: (a) A member operator which is a map, plan, facility location diagram, internal damage investigation report or analysis, dispatch methodology, or trade secret as defined in s. 688.002, or which describes the […]
556.114 Low-impact marking practices.— (1) An excavator providing notice under s. 556.105(1)(a) shall identify in its notice only the area that will be excavated during the period that the information in such notice is considered valid under s. 556.105(1)(c). (2) When an excavator has not completed an excavation noticed under s. 556.105(1)(a) within the period that the information […]
556.115 Alternative dispute resolution.— (1) Sunshine State One-Call of Florida, Inc., shall create a voluntary alternative dispute resolution program. The program shall be available to all member operators, excavators, and other stakeholders, such as locators, utility service users, and governmental or quasi-governmental entities, for purposes of resolving disputes arising from excavation activities, including, but not limited to, […]
556.116 High-priority subsurface installations; special procedures.— (1) 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 operator of the facility, the operator shall, in addition to identifying the horizontal route of its facility as set forth […]
556.117 Underground facility damage prevention and enforcement review.—Sunshine State One-Call of Florida, Inc., shall review the reports submitted by the clerks of court to the State Fire Marshal and any complaints of an alleged violation under this chapter to identify issues or potential issues with damage prevention and enforcement. The corporation shall identify areas in the […]
