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

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F.S. 556.101

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 member operators an opportunity to identify and locate their underground facilities. Under this notification system, Sunshine State One-Call of Florida, Inc., is not required or permitted to locate or mark underground facilities.

(3) It is the purpose of this chapter to:

(a) Aid the public by preventing injury to persons or property and the interruption of services resulting from damage to an underground facility caused by excavation or demolition operations.

(b) Create a not-for-profit corporation comprised of operators of underground facilities in this state to administer this chapter.

(c) Fund the cost of administration through contributions from the member operators for services provided to the member operators and from charges made to others for services requested and provided, such as record searches, education or training, and damage prevention activities.

(d) Reserve to the state the power to regulate any subject matter specifically addressed in this chapter. Municipalities, counties, districts, or other local governments may not adopt or enforce ordinances or rules that conflict with this chapter or that prescribe any of the following:

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.

4. Require removal of marks.

(e) Permit any local law enforcement officer, local government code inspector, or code enforcement officer to enforce this chapter without the need to incorporate the provisions of this chapter into any local code or ordinance.

(f) 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.

(4) It is not the purpose of this chapter to amend or void any permit issued by a state agency for placement or maintenance of facilities in its right-of-way.

History.—s. 1, ch. 93-240; s. 1, ch. 97-306; s. 1, ch. 2002-234; s. 1, ch. 2006-138; s. 1, ch. 2010-100.

F.S. 556.101 on Google Scholar

F.S. 556.101 on Casetext

Amendments to 556.101

Arrestable Offenses / Crimes under Fla. Stat. 556.101

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 556.101.

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)

. . . . § 556.101 -106. . . . Stat. § 556.101. . . .

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

. . . Stat, §§ 556.101 -106 (the "Act"). . . . Stat. § 556.101(2). . . . resulting from damage to an underground facility caused by excavation or demolition operations." § 556.101 . . . resulting from damage to an underground facility caused by excavation or demolition operations." § 556.101 . . .

JAMES D. HINSON ELECTRICAL CONTRACTING CO. INC. On v. BELLSOUTH TELECOMMUNICATIONS, INC., 796 F. Supp. 2d 1341 (M.D. Fla. 2011)

. . . . § 556.101 (the Damage Prevention Act), which establishes procedures for dealing with damage to underground . . .

JAMES D. HINSON ELECTRICAL CONTRACTING CO. INC. CONSTRUCTION, INC. On v. BELLSOUTH TELECOMMUNICATIONS, INC., 275 F.R.D. 638 (M.D. Fla. 2011)

. . . . § 556.101 et seq., who paid a bill from BellSouth for the cost of repairing damage to its underground . . . Stat. § 556.101 (the Damage Prevention Act). . . . contractors within the meaning of the Underground Facility Damage Prevention and Safety Act, F.S.A. § 556.101 . . .

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

. . . The Florida Underground Facility Damage Prevention and Safety Act, § 556.101, Florida Statutes (“Damage . . . Stat. § 556.101. . . .

MARTIN v. FLORIDA POWER AND LIGHT COMPANY, A, 909 So. 2d 555 (Fla. Dist. Ct. App. 2005)

. . . Section 556.101, Florida Statutes (1997), known as the Underground Facility Damage Prevention and Safety . . .

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

. . . . § 556.101 et seq. . . . . § 556.101(3)(a), Fla. Stat. (2002). . . . services resulting from damage to an underground facility caused by excavation or demolition operations. 556.101 . . .