Bill Amendment: FL S0896 | 2015 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Location of Utilities
Status: 2015-05-01 - Died in Appropriations [S0896 Detail]
Download: Florida-2015-S0896-Senate_Committee_Amendment_885778.html
Bill Title: Location of Utilities
Status: 2015-05-01 - Died in Appropriations [S0896 Detail]
Download: Florida-2015-S0896-Senate_Committee_Amendment_885778.html
Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. SB 896 Ì885778kÎ885778 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Community Affairs (Brandes) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the enacting clause 4 and insert: 5 Section 1. Section 125.42, Florida Statutes, is amended to 6 read: 7 125.42 Water, sewage, gas, power, telephone, other utility, 8 and television lines within the right-of-way limits ofalong9 county roads and highways.— 10 (1) The board of county commissioners, with respect to 11 property located without the corporate limits of any 12 municipality, is authorized to grant a license to any person or 13 private corporation to construct, maintain, repair, operate, and 14 remove lines for the transmission of water, sewage, gas, power, 15 telephone, other public utilities,andtelevision, or other 16 communications services under, on, over, across or within the 17 right-of-way limits ofand alongany county highway or any 18 public road or highway acquired by the county or public by 19 purchase, gift, devise, dedication, or prescription. However, 20 the board of county commissioners shall include in any 21 instrument granting such license adequate provisions: 22 (a) To prevent the creation of any obstructions or 23 conditions which are or may become dangerous to the traveling 24 public; 25 (b) To require the licensee to repair any damage or injury 26 to the road or highway by reason of the exercise of the 27 privileges granted in any instrument creating such license and 28 to repair the road or highway promptly, restoring it to a 29 condition at least equal to that which existed immediately prior 30 to the infliction of such damage or injury; 31 (c) Whereby the licensee shall hold the board of county 32 commissioners and members thereof harmless from the payment of 33 any compensation or damages resulting from the exercise of the 34 privileges granted in any instrument creating the license; and 35 (d) As may be reasonably necessary, for the protection of 36 the county and the public. 37 (2) A license may be granted in perpetuity or for a term of 38 years, subject, however, to termination by the licensor, in the 39 event the road or highway is closed, abandoned, vacated, 40 discontinued, or reconstructed. 41 (3) The board of county commissioners is authorized to 42 grant exclusive or nonexclusive licenses for the purposes stated 43 herein for television. 44 (4) This law is intended to provide an additional method 45 for the granting of licenses and shall not be construed to 46 repeal any law now in effect relating to the same subject. 47 (5) In the event of widening, repair, or reconstruction of 48 any such road, the licensee shall move or remove such water, 49 sewage, gas, power, telephone, and other utility lines and 50 television lines at no cost to the county should they be found 51 by the county to be unreasonably interfering, except as provided 52 in s. 337.403(1)(d)-(j)s. 337.403(1)(d)-(i). 53 Section 2. Paragraph (a) of subsection (1), subsection (2), 54 and paragraph (b) of subsection (3) of section 337.401, Florida 55 Statutes, are amended to read: 56 337.401 Use of right-of-way for utilities subject to 57 regulation; permit; fees.— 58 (1)(a) The department and local governmental entities, 59 referred to in this section and in ss. 337.402, 337.403, and 60 337.404ss. 337.401-337.404as the “authority,” that have 61 jurisdiction and control of public roads or publicly owned rail 62 corridors are authorized to prescribe and enforce reasonable 63 rules or regulations with reference to the placing and 64 maintainingalong,across,oron, or within the right-of-way 65 limits of any road or publicly owned rail corridors under their 66 respective jurisdictions any electric transmission, telephone, 67 telegraph, or other communications services lines; pole lines; 68 poles; railways; ditches; sewers; water, heat, or gas mains; 69 pipelines; fences; gasoline tanks and pumps; or other structures 70 referred to in this section and in ss. 337.402, 337.403, and 71 337.404this sectionas the “utility.” The department may enter 72 into a permit-delegation agreement with a governmental entity if 73 issuance of a permit is based on requirements that the 74 department finds will ensure the safety and integrity of 75 facilities of the Department of Transportation; however, the 76 permit-delegation agreement does not apply to facilities of 77 electric utilities as defined in s. 366.02(2). 78 (2) The authority may grant to any person who is a resident 79 of this state, or to any corporation which is organized under 80 the laws of this state or licensed to do business within this 81 state, the use of a right-of-way for the utility in accordance 82 with such rules or regulations as the authority may adopt. No 83 utility shall be installed, located, or relocated unless 84 authorized by a written permit issued by the authority. However, 85 for public roads or publicly owned rail corridors under the 86 jurisdiction of the department, a utility relocation schedule 87 and relocation agreement may be executed in lieu of a written 88 permit. The permit shall require the permitholder to be 89 responsible for any damage resulting from the issuance of such 90 permit. In exercising its authority over a utility under this 91 section, a municipality or county may not require a utility to 92 provide proprietary maps of facilities where such facilities 93 have been previously subject to a permit from the authority. The 94 authority may initiate injunctive proceedings as provided in s. 95 120.69 to enforce provisions of this subsection or any rule or 96 order issued or entered into pursuant thereto. 97 (3) 98 (b) Registration described in paragraph (a) does not 99 establish a right to place or maintain, or priority for the 100 placement or maintenance of, a communications facility in roads 101 or rights-of-way of a municipality or county. Each municipality 102 and county retains the authority to regulate and manage 103 municipal and county roads or rights-of-way in exercising its 104 police power. Any rules or regulations adopted by a municipality 105 or county which govern the occupation of its roads or rights-of 106 way by providers of communications services must be related to 107 the placement or maintenance of facilities in such roads or 108 rights-of-way, must be reasonable and nondiscriminatory, and may 109 include only those matters necessary to manage the roads or 110 rights-of-way of the municipality or county. In exercising its 111 authority over providers of communications services under this 112 section, a municipality or county may not require a provider of 113 communications services to provide proprietary maps of 114 facilities where such facilities have been previously subject to 115 a permit from the authority. 116 Section 3. Subsection (1) of section 337.403, Florida 117 Statutes, is amended to read: 118 337.403 Interference caused by utility; expenses.— 119 (1) If a utility that is placed upon, under, over, or 120 within the right-of-way limits ofalongany public road or 121 publicly owned rail corridor is found by the authority to be 122 unreasonably interfering in any way with the convenient, safe, 123 or continuous use, or the maintenance, improvement, extension, 124 or expansion, of such public road or publicly owned rail 125 corridor, the utility owner shall, upon 30 days’ written notice 126 to the utility or its agent by the authority, initiate the work 127 necessary to alleviate the interference at its own expense 128 except as provided in paragraphs (a)-(j)(a)-(i). The work must 129 be completed within such reasonable time as stated in the notice 130 or such time as agreed to by the authority and the utility 131 owner. If an authority requires the relocation of a utility for 132 purposes not described in this subsection, the authority shall 133 bear the cost of relocating the utility. If the relocation is 134 required as a condition or result of a project by an entity 135 other than an authority, the entity other than the authority 136 shall bear the costs of relocating the utility. 137 (a) If the relocation of utility facilities, as referred to 138 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 139 84-627, is necessitated by the construction of a project on the 140 federal-aid interstate system, including extensions thereof 141 within urban areas, and the cost of the project is eligible and 142 approved for reimbursement by the Federal Government to the 143 extent of 90 percent or more under the Federal Aid Highway Act, 144 or any amendment thereof,then in that eventthe utility owning 145 or operating such facilities shall perform any necessary work 146 upon notice from the department, and the state shall pay the 147 entire expense properly attributable to such work after 148 deducting therefrom any increase in the value of a new facility 149 and any salvage value derived from an old facility. 150 (b) When a joint agreement between the department and the 151 utility is executed for utility work to be accomplished as part 152 of a contract for construction of a transportation facility, the 153 department may participate in those utility work costs that 154 exceed the department’s official estimate of the cost of the 155 work by more than 10 percent. The amount of such participation 156 is limited to the difference between the official estimate of 157 all the work in the joint agreement plus 10 percent and the 158 amount awarded for this work in the construction contract for 159 such work. The department may not participate in any utility 160 work costs that occur as a result of changes or additions during 161 the course of the contract. 162 (c) When an agreement between the department and utility is 163 executed for utility work to be accomplished in advance of a 164 contract for construction of a transportation facility, the 165 department may participate in the cost of clearing and grubbing 166 necessary to perform such work. 167 (d) If the utility facility was initially installed to 168 exclusively serve the authority or its tenants, or both, the 169 authority shall bear the costs of the utility work. However, the 170 authority is not responsible for the cost of utility work 171 related to any subsequent additions to that facility for the 172 purpose of serving others. For a county or municipality, if such 173 utility facility was installed in the right-of-way as a means to 174 serve a county or municipal facility on a parcel of property 175 adjacent to the right-of-way and if the intended use of the 176 county or municipal facility is for a use other than 177 transportation purposes, the obligation of the county or 178 municipality to bear the costs of the utility work shall extend 179 only to utility work on the parcel of property on which the 180 facility of the county or municipality originally served by the 181 utility facility is located. 182 (e) If, under an agreement between a utility and the 183 authority entered into after July 1, 2009, the utility conveys, 184 subordinates, or relinquishes a compensable property right to 185 the authority for the purpose of accommodating the acquisition 186 or use of the right-of-way by the authority, without the 187 agreement expressly addressing future responsibility for the 188 cost of necessary utility work, the authority shall bear the 189 cost of removal or relocation. This paragraph does not impair or 190 restrict, and may not be used to interpret, the terms of any 191 such agreement entered into before July 1, 2009. 192 (f) If the utility is an electric facility being relocated 193 underground in order to enhance vehicular, bicycle, and 194 pedestrian safety and in which ownership of the electric 195 facility to be placed underground has been transferred from a 196 private to a public utility within the past 5 years, the 197 department shall incur all costs of the necessary utility work. 198 (g) An authority may bear the costs of utility work 199 required to eliminate an unreasonable interference when the 200 utility is not able to establish that it has a compensable 201 property right in the particular property where the utility is 202 located if: 203 1. The utility was physically located on the particular 204 property before the authority acquired rights in the property; 205 2. The utility demonstrates that it has a compensable 206 property right in adjacent properties along the alignment of the 207 utility or, after due diligence, certifies that the utility does 208 not have evidence to prove or disprove that it has a compensable 209 property right in the particular property where the utility is 210 located; and 211 3. The information available to the authority does not 212 establish the relative priorities of the authority’s and the 213 utility’s interests in the particular property. 214 (h) If a municipally owned utility or county-owned utility 215 is located in a rural area of critical economic concern, as 216 defined in s. 288.0656(2), and the department determines that 217 the utility is unable, and will not be able within the next 10 218 years, to pay for the cost of utility work necessitated by a 219 department project on the State Highway System, the department 220 may pay, in whole or in part, the cost of such utility work 221 performed by the department or its contractor. 222 (i) If the relocation of utility facilities is necessitated 223 by the construction of a commuter rail service project or an 224 intercity passenger rail service project and the cost of the 225 project is eligible and approved for reimbursement by the 226 Federal Government, then in that event the utility owning or 227 operating such facilities located by permit on a department 228 owned rail corridor shall perform any necessary utility 229 relocation work upon notice from the department, and the 230 department shall pay the expense properly attributable to such 231 utility relocation work in the same proportion as federal funds 232 are expended on the commuter rail service project or an 233 intercity passenger rail service project after deducting 234 therefrom any increase in the value of a new facility and any 235 salvage value derived from an old facility. In no event shall 236 the state be required to use state dollars for such utility 237 relocation work. This paragraph does not apply to any phase of 238 the Central Florida Commuter Rail project, known as SunRail. 239 (j) If a utility is located within an existing and valid 240 utility easement granted by recorded plat, regardless of whether 241 such land was subsequently acquired by the authority by 242 dedication, transfer of fee, or otherwise, the authority shall 243 bear the cost of the utility work required to eliminate an 244 unreasonable interference. 245 Section 4. The Legislature finds that a proper and 246 legitimate state purpose is served by clarifying a utility’s 247 responsibility for relocating its facilities within the right 248 of-way or within a utility easement granted by recorded plat. 249 Therefore, the Legislature determines and declares that this act 250 fulfills an important state interest. 251 Section 5. This act shall take effect upon becoming a law. 252 253 ================= T I T L E A M E N D M E N T ================ 254 And the title is amended as follows: 255 Delete everything before the enacting clause 256 and insert: 257 A bill to be entitled 258 An act relating to the location of utilities; amending 259 s. 125.42, F.S.; authorizing the board of county 260 commissioners to grant a license to work on or operate 261 communications services within the right-of-way limits 262 of certain county or public highways or roads; 263 conforming a cross-reference; amending s. 337.401, 264 F.S.; authorizing the Department of Transportation and 265 certain local governmental entities to prescribe and 266 enforce rules or regulations regarding placing and 267 maintaining specified structures within the right-of 268 way limits of roads or publicly owned rail corridors 269 under their respective jurisdictions; prohibiting a 270 municipality or county from requiring a utility to 271 provide proprietary maps of facilities under certain 272 circumstances; prohibiting a municipality or county 273 from requiring a provider of communications services 274 to provide proprietary maps of facilities under 275 certain circumstances; amending s. 337.403, F.S.; 276 requiring a utility owner, under certain 277 circumstances, to initiate at its own expense the work 278 necessary to alleviate an interference to a public 279 road or publicly owned rail corridor which is caused 280 by a utility if it is placed within the right-of-way 281 limits of the public road or publicly owned rail 282 corridor; requiring an authority or an entity other 283 than the authority to bear the costs of relocating a 284 utility in certain circumstances; requiring the 285 authority to bear the cost of the utility work 286 necessary to eliminate an unreasonable interference if 287 the utility is located within a certain utility 288 easement; conforming a cross-reference; providing 289 legislative findings; providing an effective date. 290