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_774714.html
Bill Title: Location of Utilities
Status: 2015-05-01 - Died in Appropriations [S0896 Detail]
Download: Florida-2015-S0896-Senate_Committee_Amendment_774714.html
Florida Senate - 2015 COMMITTEE AMENDMENT Bill No. CS for CS for SB 896 Ì774714/Î774714 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Appropriations (Hays) 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, and television, or other 16 communications services as defined in s. 202.11(1) under, on, 17 over, across, or within the right-of-way limits ofand alongany 18 county highway or any public road or highway acquired by the 19 county or public by purchase, gift, devise, dedication, or 20 prescription. However, the board of county commissioners shall 21 include in any instrument granting such license adequate 22 provisions: 23 (a) To prevent the creation of any obstructions or 24 conditions which are or may become dangerous to the traveling 25 public; 26 (b) To require the licensee to repair any damage or injury 27 to the road or highway by reason of the exercise of the 28 privileges granted in any instrument creating such license and 29 to repair the road or highway promptly, restoring it to a 30 condition at least equal to that which existed immediately prior 31 to the infliction of such damage or injury; 32 (c) Whereby the licensee shall hold the board of county 33 commissioners and members thereof harmless from the payment of 34 any compensation or damages resulting from the exercise of the 35 privileges granted in any instrument creating the license; and 36 (d) As may be reasonably necessary, for the protection of 37 the county and the public. 38 (2) A license may be granted in perpetuity or for a term of 39 years, subject, however, to termination by the licensor, in the 40 event the road or highway is closed, abandoned, vacated, 41 discontinued, or reconstructed. 42 (3) The board of county commissioners is authorized to 43 grant exclusive or nonexclusive licenses for the purposes stated 44 herein for television. 45 (4) This law is intended to provide an additional method 46 for the granting of licenses and shall not be construed to 47 repeal any law now in effect relating to the same subject. 48 (5) In the event of widening, repair, or reconstruction of 49 any such road, the licensee shall move or remove such water, 50 sewage, gas, power, telephone, and other utility lines and 51 television lines at no cost to the county should they be found 52 by the county to be unreasonably interfering, except as provided 53 in s. 337.403(1)(d)-(j)337.403(1)(d)-(i). 54 Section 2. Paragraph (a) of subsection (1), subsection (2), 55 and paragraph (b) of subsection (3) of section 337.401, Florida 56 Statutes, are amended to read: 57 337.401 Use of right-of-way for utilities subject to 58 regulation; permit; fees.— 59 (1)(a) The department and local governmental entities, 60 referred to in this section and ss. 337.402-337.404ss. 337.40161337.404as the “authority,” that have jurisdiction and control 62 of public roads or publicly owned rail corridors are authorized 63 to prescribe and enforce reasonable rules or regulations with 64 reference to the placing and maintainingalong,across,oron, 65 or within the right-of-way limits of any road or publicly owned 66 rail corridors under their respective jurisdictions any electric 67 transmission, telephone, telegraph, or other communications 68 services lines; pole lines; poles; railways; ditches; sewers; 69 water, heat, or gas mains; pipelines; fences; gasoline tanks and 70 pumps; or other structures referred to in this section and ss. 71 337.402-337.404this sectionas the “utility.” The department 72 may enter into a permit-delegation agreement with a governmental 73 entity if 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 that were previously 93 subject to a permit from the authority. The authority may 94 initiate injunctive proceedings as provided in s. 120.69 to 95 enforce provisions of this subsection or any rule or order 96 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 113 communications services provider to provide proprietary maps of 114 facilities that were previously subject to a permit from the 115 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 and the utility owner 133 is authorized by state or common law or state or local agreement 134 to place facilities in the public rights-of-way, the authority 135 must bear the cost of relocating the utility. If relocation is 136 required as a condition or result of a project by an entity 137 other than an authority, the entity other than the authority 138 must bear the cost of relocating the utility except to the 139 extent that the relocation would otherwise be required in 140 connection with a transportation improvement identified in the 141 authority’s capital improvement schedule and scheduled for 142 construction within 5 years. This subsection does not impair any 143 right of the holder of a private railroad right-of-way or 144 obligate the holder of such private railroad right-of-way to 145 bear the relocation cost in such railroad right-of-way, subject 146 to any agreement between the holder of the private railroad 147 right-of-way and a utility which otherwise allocates such 148 relocation cost. This subsection also does not affect a lawfully 149 issued permit or lawful contract entered into between an 150 authority and a utility before April 15, 2015. To the extent 151 that an authority is required by this subsection to bear the 152 cost of relocating a utility, the authority shall pay the entire 153 expense properly attributable to such work after deducting any 154 increase in the value of a new facility and any salvage value 155 derived from an old facility. 156 (a) If the relocation of utility facilities, as referred to 157 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 158 84-627, is necessitated by the construction of a project on the 159 federal-aid interstate system, including extensions thereof 160 within urban areas, and the cost of the project is eligible and 161 approved for reimbursement by the Federal Government to the 162 extent of 90 percent or more under the Federal Aid Highway Act, 163 or any amendment thereof, then in that event the utility owning 164 or operating such facilities shall perform any necessary work 165 upon notice from the department, and the state shall pay the 166 entire expense properly attributable to such work after 167 deducting therefrom any increase in the value of a new facility 168 and any salvage value derived from an old facility. 169 (b) When a joint agreement between the department and the 170 utility is executed for utility work to be accomplished as part 171 of a contract for construction of a transportation facility, the 172 department may participate in those utility work costs that 173 exceed the department’s official estimate of the cost of the 174 work by more than 10 percent. The amount of such participation 175 is limited to the difference between the official estimate of 176 all the work in the joint agreement plus 10 percent and the 177 amount awarded for this work in the construction contract for 178 such work. The department may not participate in any utility 179 work costs that occur as a result of changes or additions during 180 the course of the contract. 181 (c) When an agreement between the department and utility is 182 executed for utility work to be accomplished in advance of a 183 contract for construction of a transportation facility, the 184 department may participate in the cost of clearing and grubbing 185 necessary to perform such work. 186 (d) If the utility facility was initially installed to 187 exclusively serve the authority or its tenants, or both, the 188 authority shall bear the costs of the utility work. However, the 189 authority is not responsible for the cost of utility work 190 related to any subsequent additions to that facility for the 191 purpose of serving others. For a county or municipality, if such 192 utility facility was installed in the right-of-way as a means to 193 serve a county or municipal facility on a parcel of property 194 adjacent to the right-of-way and if the intended use of the 195 county or municipal facility is for a use other than 196 transportation purposes, the obligation of the county or 197 municipality to bear the costs of the utility work shall extend 198 only to utility work on the parcel of property on which the 199 facility of the county or municipality originally served by the 200 utility facility is located. 201 (e) If, under an agreement between a utility and the 202 authority entered into after July 1, 2009, the utility conveys, 203 subordinates, or relinquishes a compensable property right to 204 the authority for the purpose of accommodating the acquisition 205 or use of the right-of-way by the authority, without the 206 agreement expressly addressing future responsibility for the 207 cost of necessary utility work, the authority shall bear the 208 cost of removal or relocation. This paragraph does not impair or 209 restrict, and may not be used to interpret, the terms of any 210 such agreement entered into before July 1, 2009. 211 (f) If the utility is an electric facility being relocated 212 underground in order to enhance vehicular, bicycle, and 213 pedestrian safety and in which ownership of the electric 214 facility to be placed underground has been transferred from a 215 private to a public utility within the past 5 years, the 216 department shall incur all costs of the necessary utility work. 217 (g) An authority may bear the costs of utility work 218 required to eliminate an unreasonable interference when the 219 utility is not able to establish that it has a compensable 220 property right in the particular property where the utility is 221 located if: 222 1. The utility was physically located on the particular 223 property before the authority acquired rights in the property; 224 2. The utility demonstrates that it has a compensable 225 property right in adjacent properties along the alignment of the 226 utility or, after due diligence, certifies that the utility does 227 not have evidence to prove or disprove that it has a compensable 228 property right in the particular property where the utility is 229 located; and 230 3. The information available to the authority does not 231 establish the relative priorities of the authority’s and the 232 utility’s interests in the particular property. 233 (h) If a municipally owned utility or county-owned utility 234 is located in a rural area of critical economic concern, as 235 defined in s. 288.0656(2), and the department determines that 236 the utility is unable, and will not be able within the next 10 237 years, to pay for the cost of utility work necessitated by a 238 department project on the State Highway System, the department 239 may pay, in whole or in part, the cost of such utility work 240 performed by the department or its contractor. 241 (i) If the relocation of utility facilities is necessitated 242 by the construction of a commuter rail service project or an 243 intercity passenger rail service project and the cost of the 244 project is eligible and approved for reimbursement by the 245 Federal Government, then in that event the utility owning or 246 operating such facilities located by permit on a department 247 owned rail corridor shall perform any necessary utility 248 relocation work upon notice from the department, and the 249 department shall pay the expense properly attributable to such 250 utility relocation work in the same proportion as federal funds 251 are expended on the commuter rail service project or an 252 intercity passenger rail service project after deducting 253 therefrom any increase in the value of a new facility and any 254 salvage value derived from an old facility. In no event shall 255 the state be required to use state dollars for such utility 256 relocation work. This paragraph does not apply to any phase of 257 the Central Florida Commuter Rail project, known as SunRail. 258 (j) If a utility is lawfully located within an existing and 259 valid utility easement granted by recorded plat, regardless of 260 whether such land was subsequently acquired by the authority by 261 dedication, transfer of fee, or otherwise, the authority must 262 bear the cost of the utility work required to eliminate an 263 unreasonable interference. 264 Section 4. The Legislature finds that a proper and 265 legitimate state purpose is served by clarifying a utility’s 266 responsibility for relocating its facilities within a right-of 267 way or within a utility easement granted by recorded plat. 268 Therefore, the Legislature determines and declares that this act 269 fulfills an important state interest. 270 Section 5. This act shall take effect upon becoming a law. 271 272 ================= T I T L E A M E N D M E N T ================ 273 And the title is amended as follows: 274 Delete everything before the enacting clause 275 and insert: 276 A bill to be entitled 277 An act relating to the location of utilities; amending 278 s. 125.42, F.S.; authorizing a board of county 279 commissioners to grant a license to work on, operate, 280 and remove specified communications services lines 281 within the right-of-way limits of certain county or 282 public highways or roads; conforming a cross 283 reference; amending s. 337.401, F.S.; specifying that 284 the Department of Transportation and certain local 285 governmental entities may prescribe and enforce rules 286 or regulations regarding the placement and maintenance 287 of specified structures and lines within the right-of 288 ways of roads or publicly owned rail corridors under 289 their respective jurisdictions; prohibiting a 290 municipality or county from requiring a utility or a 291 communications services provider to provide 292 proprietary maps of previously permitted facilities; 293 amending s. 337.403, F.S.; specifying that a utility 294 located within certain right-of-way limits must 295 initiate and pay for the work necessary to alleviate 296 any interference to the use of certain public roads or 297 rail corridors; requiring an authority to pay the cost 298 of requiring the relocation of a utility under certain 299 circumstances; requiring an entity other than the 300 authority to pay the cost of certain relocations of 301 utilities under certain circumstances; providing 302 applicability; requiring the authority to pay the 303 entire expense if it is required under certain 304 circumstances to bear the cost of relocating a utility 305 after certain deductions; requiring an authority to 306 pay the cost of utility work required to eliminate 307 unreasonable interference within certain existing 308 utility easements; providing a finding of important 309 state interest; providing an effective date.