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Florida Statute 556.106 | Lawyer Caselaw & Research
F.S. 556.106 Case Law from Google Scholar
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Link to State of Florida Official Statute Google Search for Amendments to 556.106

The 2023 Florida Statutes (including Special Session C)

Title XXXIII
REGULATION OF TRADE, COMMERCE, INVESTMENTS, AND SOLICITATIONS
Chapter 556
UNDERGROUND FACILITY DAMAGE PREVENTION AND SAFETY
View Entire Chapter
F.S. 556.106
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 herself or through the person’s employees, contractors, subcontractors, or agents, performs an excavation or demolition that damages an underground facility of a member operator, it is rebuttably presumed that the person was negligent. The person, if found liable, is liable for the total sum of the losses to all member operators involved as those costs are normally computed. Any damage for loss of revenue and loss of use may not exceed $500,000 per affected underground facility, except that revenues lost by a governmental member operator whose revenues are used to support payments on principal and interest on bonds may not be limited.
(b) If any excavator fails to discharge a duty imposed by this chapter, the excavator, if found liable, is liable for the total sum of the losses to all parties involved as those costs are normally computed. Any damage for loss of revenue and loss of use may not exceed $500,000 per affected underground facility, except that revenues lost by a governmental member operator whose revenues are used to support payments on principal and interest on bonds may not be limited.
(c) Obtaining information as to the location of an underground facility from the member operator as required by this chapter does not excuse any excavator from performing an excavation or demolition in a careful and prudent manner, based on accepted engineering and construction practices, and it does not excuse the excavator from liability for any damage or injury resulting from any excavation or demolition.
(3) If, after receiving proper notice, a member operator fails to discharge a duty imposed by this act and an underground facility of a member operator is damaged by an excavator who has complied with this act, as a proximate result of the member operator’s failure to discharge such duty, the excavator is not liable for such damage and the member operator, if found liable, is liable to such person for the total cost of any loss or injury to any person or damage to equipment resulting from the member operator’s failure to comply with this act. Any damage for loss of revenue and loss of use shall not exceed $500,000 per affected underground facility, except that revenues lost by a governmental member operator, which revenues are used to support payments on principal and interest on bonds, shall not be limited.
(4) If an owner of an underground facility fails to become a member of the corporation in order to use and participate in the system, as required by this act, and that failure is a cause of damage to that underground facility caused by an excavator who has complied with this act and has exercised reasonable care in the performance of the excavation that has caused damage to the underground facility, the owner has no right of recovery against the excavator for the damage to that underground facility.
(5) If, after receiving proper notification, the system fails to discharge its duties, resulting in damage to an underground facility, the system, if found liable, shall be liable to all parties, as defined in this act. Any damage for loss of revenue and loss of use shall not exceed $500,000 per affected underground facility, except that revenues lost by a governmental member operator, which revenues are used to support payments on principal and interest on bonds, shall not be limited.
(6) The system does not have a duty to mark or locate underground facilities and may not do so, and a right of recovery does not exist against the system for failing to mark or locate underground facilities. The system is not liable for the failure of a member operator to comply with the requirements of this chapter.
(7) An excavator or a member operator who performs any excavation with hand tools under s. 556.108(4)(c) or (5) is liable for any damage to any operator’s underground facilities damaged during such excavation.
(8) Any liability of the state, its agencies, or its subdivisions which arises out of this chapter is subject to the provisions of s. 768.28.
History.s. 6, ch. 93-240; s. 810, ch. 97-103; s. 1, ch. 97-231; s. 6, ch. 97-306; s. 5, ch. 2002-234; s. 6, ch. 2006-138; s. 4, ch. 2010-100.

F.S. 556.106 on Google Scholar

F.S. 556.106 on Casetext

Amendments to 556.106


Arrestable Offenses / Crimes under Fla. Stat. 556.106
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 556.106.



Annotations, Discussions, Cases:

Cases from cite.case.law:

PEOPLES GAS SYSTEM, a a v. POSEN CONSTRUCTION, INC. a, 931 F.3d 1337 (11th Cir. 2019)

. . . . § 556.106(2)(a). . . . Id. at § 556.106(2)(b). . . . Stat. § 556.106(2)(b). . . . Stat. § 556.106(b). . . .

PEOPLES GAS SYSTEM, A DIVISION OF TAMPA ELECTRIC COMPANY, a v. POSEN CONSTRUCTION, INC., 323 F. Supp. 3d 1362 (M.D. Fla. 2018)

. . . Now, PGS sues Posen under § 556.106(2)(a) and makes an alternative claim for statutory indemnity under . . . the total sum of the losses to all member operators involved as those costs are normally computed." § 556.106 . . . the total sum of the losses to all member operators involved as those costs are normally computed." § 556.106 . . . shows that a claim for indemnity would not fit the plain meaning of a "normally computed" "cost." § 556.106 . . . PGS argues that because § 556.106(2)(c) provides liability for injuries, it can recover the amount it . . .

FLORIDA CARRY, INC. v. UNIVERSITY OF FLORIDA,, 180 So. 3d 137 (Fla. Dist. Ct. App. 2015)

. . . Servs., Inc., 39 So.3d 1255, 1258 (Fla.2010) (“See, e.g., § 556.106(2)(a), Fla. . . .

M. BIFULCO, v. PATIENT BUSINESS FINANCIAL SERVICES, INC., 39 So. 3d 1255 (Fla. 2010)

. . . See, e.g., § 556.106(2)(a), Fla. . . .

JAMES D. HINSON ELECTRICAL CONTRACTING CO. INC. On v. BELLSOUTH TELECOMMUNICATIONS, INC., 642 F. Supp. 2d 1318 (M.D. Fla. 2009)

. . . . § 556.106. . . . Stat. § 556.106(2)(a) (emphasis added). . . . Stat. § 556.106(3). . . . Stat. 556.106(l)(a). . . . Stat. § 556.106(3). . . .

SOUTHLAND CONSTRUCTION, INC. v. GREATER ORLANDO AVIATION,, 860 So. 2d 1031 (Fla. Dist. Ct. App. 2003)

. . . Section 556.106(3), Florida Statutes, states: If, after receiving proper notice, a member operator fails . . . We agree with Southland that section 556.106(3), Florida Statutes, could be the source of a statutorily . . . City of Port Richey, 732 So.2d 480 (Fla. 2d DCA 1999) in which the Second District interpreted section 556.106 . . .

A L UNDERGROUND, INC. v. CITY OF PORT RICHEY,, 732 So. 2d 480 (Fla. Dist. Ct. App. 1999)

. . . We conclude that the clear language of section 556.106(3), Florida Statutes (1995), allows recovery for . . .