Energy, Communications & Cybersecurity Subcommittee Meeting Packet, January 10, 2024

Summary

Meeting packet of the Energy, Communications & Cybersecurity Subcommittee of the Florida House of Representatives Commerce Committee for Wednesday, January 10, 2024 at Reed Hall (HOB). The agenda lists consideration of HB 47 Municipal Water and Sewer Utility Rates, HB 777 Municipal Water or Sewer Utility Rates, Fees, and Charges, and HB 825 Underground Facilities. The staff analysis of HB 47 states that the bill requires a municipality operating a water or sewer utility to charge customers outside its boundaries the same rates, fees and charges as inside, if the customers are located in another municipality and a facility or plant in that municipality serves them. It provides an effective date of July 1, 2024. The packet closes with HB 825, whose last section takes effect October 1, 2024.

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“Energy, Communications & Cybersecurity Subcommittee Meeting Packet, January 10, 2024.” Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/2024-01-10-3226-energy-communications-cybersecurity-subcommittee-meeti-079cac92d1/, SHA-256 e192b6b7f53cded821e03356babfcda60bf569a8063a7591052dcdc8bbd5b146.

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Energy, Communications &
Cybersecurity Subcommittee
Wednesday, January 10, 2024
8:30 AM - 10:00 AM
Reed Hall (102 HOB)

Meeting Packet

Paul Renner Mike Giallombardo
Speaker Chair
The Florida House of Representatives
Commerce Committee
Energy, Communications & Cybersecurity Subcommittee
Paul Renner Mike Giallombardo
Speaker Chair

Meeting Agenda
Wednesday, January 10, 2024
8:30 am – 10:00 am
Reed Hall (102 HOB)

I. Call to Order

II. Roll Call

III. Welcome and Opening Remarks

IV. Consideration of the following bill(s):
• HB 47 Municipal Water and Sewer Utility Rates by Robinson, F.
• HB 777 Municipal Water or Sewer Utility Rates, Fees, and Charges by Brackett
• HB 825 Underground Facilities by Koster

V. Closing Remarks

VI. Adjournment

303 House Office Building, 402 South Monroe Street, Tallahassee, FL 32399-1300
(850) 717-4870
HB 47
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 47 Municipal Water and Sewer Utility Rates
SPONSOR(S): Robinson, F.
TIED BILLS: IDEN./SIM. BILLS: SB 104

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Energy, Communications & Cybersecurity Bauldree Keating
Subcommittee

2) Local Administration, Federal Affairs & Special
Districts Subcommittee

3) Commerce Committee

SUMMARY ANALYSIS
Municipalities are authorized by general law to provide water and sewer utility services and to set the rates,
fees, and charges for such services. These utility systems are exempt from the rate-setting jurisdiction of the
Florida Public Service Commission. A municipality that provides water or sewer utility service outside of its
municipal boundaries may impose, subject to limits specified in Florida law, higher rates, fees, and charges on
customers receiving service outside of its boundaries as compared to the rates, fees, and charges imposed on
customers within its boundaries. Most municipal utility systems are governed by the municipality’s governing
body (i.e., the city commission).

The bill states that a municipality which operates a water or sewer utility must charge customers outside its
municipal boundaries the same rates, fees, and charges as it charges customers within its boundaries if:
 The customers are located in another municipality, and
 The charging municipality uses a facility or water or sewer plant located in the recipient
municipality to serve those customers.

The bill does not appear to impact state government revenues or state or local government expenditures. The
bill may have a negative fiscal impact on certain local revenues. See Fiscal Analysis & Economic Impact
Statement.

The bill provides an effective date of July 1, 2024.

This bill may be a county or municipality mandate requiring a two-thirds vote of the membership of the
House. See Section III.A.1 of the analysis.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0047.ECC
DATE: 1/8/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Pursuant to s. 2(b), Art. VIII of the State Constitution, municipalities have the governmental, corporate,
and proprietary powers to enable them to conduct municipal government, perform municipal functions,
and render municipal services. Municipalities may exercise any power for municipal purposes, except
when expressly prohibited by law.1 The legislative body of each municipality has the power to enact
legislation on any subject upon which the state Legislature may act with certain exceptions. 2 Under
their home rule power and as otherwise provided or limited by law or agreement, municipalities may
provide utilities to citizens and entities within the municipality’s corporate boundaries, in unincorporated
areas, and even in other municipalities.

Municipalities are authorized by general law to provide water and sewer utility services. 3 With respect
to public works projects, including water and sewer utility services, 4 municipalities may extend and
execute their corporate powers outside of their corporate limits as “desirable or necessary for the
promotion of the public health, safety and welfare.”5 A municipality may not extend or apply these
corporate powers within the corporate limits of another municipality. 6 However, it may permit any other
municipality and the owners of lands outside its corporate limits or within the limits of another
municipality to connect with its water and sewer utility facilities and use its services upon agreed terms
and conditions.7 An informal study conducted in 2014 indicated that approximately 250 municipalities
provide water service and approximately 220 municipalities provide wastewater service. Of these
municipalities, the study found that approximately 140 provide water and/or waste water services to
customers outside of their municipal boundaries, which may include customers in unincorporated areas
of counties or in other municipalities.8 These utility systems are exempt from the jurisdiction of the
Florida Public Service Commission.

A municipality that operates a water or sewer utility outside of its municipal boundaries may impose
higher rates, fees, and charges on customers receiving service outside of its corporate boundaries as
compared to the rates, fees, and charges imposed on customers within its boundaries. The municipality
can accomplish this in two ways:

 First, for customers outside of its boundaries, it may add a surcharge of up to 25 percent of the
rates, fees, and charges imposed on customers within its boundaries. This mechanism does
not require a public hearing.9

1 Section 166.021(2), F.S., provides that any activity or power which may be exercised by the state or its political
subdivisions is considered a municipal purpose.
2 Pursuant to s. 166.021(3), F.S., a municipality may not enact legislation on the following: the subjects of annexation,

merger, and exercise of extraterritorial power, which require general law or special law; any subject expressly prohibited
by the constitution; any subject expressly preempted to state or county government by the constitution or by general law;
and any subject preempted to a county pursuant to a county charter adopted under the authority of the State constitution.
3 Pursuant to s. 180.06, F.S., a municipality may “provide water and alternative water supplies;” “provide for the collection

and disposal of sewage, including wastewater reuse, and other liquid wastes; ” and “construct reservoirs, sewerage
systems, trunk sewers, intercepting sewers, pumping stations, wells, siphons, intakes, pipelines, distribution systems,
purification works, collection systems, treatment and disposal works ” to accomplish these purposes.
4 Other public works projects authorized under s. 180.06, F.S., include alternative water supplies, maintenance of water

flow and bodies of water for sanitary purposes, garbage collection and disposal, airports, hospitals, jails, golf courses, ga s
plants and distribution systems, and related facilities.
5 S. 180.02(2), F.S.
6 Id.
7 S. 180.19, F.S.
8 Analysis of House Bill 813 (2014), Florida House of Representatives.
9 S. 180.191(1)(a), F.S.
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 Second, it may set separate rates, fees, and charges for customers outside its boundaries
based on the same factors used to set rates for customers within its boundaries. It may add a
surcharge of up to 25 percent of these charges, provided that the total of all such rates, fees,
and charges for service to customers outside its boundaries may not exceed the total charges
to customers within its boundaries by more than 50 percent for corresponding service. Rates
set in this manner require a public hearing at which all users served or to be served by the
water or sewer utilities and all other interested persons will have an opportunity to be heard
concerning the proposed rates.10

For example, the City of North Miami Beach owns the Norwood Water Treatment Plant, which is
located in Miami Gardens, and charges customers outside of North Miami Beach municipal boundaries
a 25% surcharge, including customers in Miami Gardens. 11 However, there is no central repository for
information concerning municipal water or sewer service rates that identifies municipalities that impose
higher rates on customers outside of the municipal boundaries, the specific mechanism used by such
municipalities to establish such rates, or the level of any additional charge or surcharge imposed.

Effect of the Bill

The bill states that a municipality which operates a water or sewer utility must charge customers
outside its municipal boundaries the same rates, fees, and charges as it charges customers within its
boundaries if:
 The customers are located in another municipality, and
 The charging municipality uses a facility or water or sewer plant located in the recipient
municipality to serve those customers.

The bill provides an effective date of July 1, 2024.

B. SECTION DIRECTORY:
Section 1: Amends s. 180.191, F.S., relating to limitation on rates charged consumer outside city limits.

Section 2: Provides an effective date of July 1, 2024.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill may have a negative fiscal impact on municipalities which own and operate water or sewer
utilities and serve customers located in another municipality with facilities located in the recipient
municipality, as it reduces the amount that those municipal water and sewer utilities that use such
facilities can charge such customers.

10 S. 180.191(1)(b), F.S.
11 Kevin Ozebek & Leisa Williams, New study reveals how much more some Miami Gardens residents are paying for

water, WSVN (January 19, 2023), https://wsvn.com/news/investigations/new-study-reveals-how-much-more-some-miami-
gardens-residents-are-paying-for-water/ (last visited January 5, 2024).
STORAGE NAME: h0047.ECC PAGE: 3
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2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may result in cost savings to certain municipal water and sewer utility customers located
outside of municipal boundaries.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
The county/municipality mandates provision of Art. VII, section 18(b), of the Florida Constitution may
apply because this bill reduces the amount that certain municipal water and sewer utilities can
charge customers outside of the municipal boundaries. If the bill does qualify as a mandate, final
passage must be approved by two-thirds of the membership of each house of the Legislature.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill applies to municipal water and sewer utilities that serve customers in another municipality using
a “facility or water sewer plant” located in that other municipality. This provision could be broadly
applied to all municipal water and sewer utilities that serve customers in another municipality if the term
“facility” is construed to include the pipes used to serve those customers.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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DATE: 1/8/2024
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 47 2024

1 A bill to be entitled
2 An act relating to municipal water and sewer utility
3 rates; amending s. 180.191, F.S.; requiring a
4 municipality to charge customers receiving its utility
5 services in another municipality the same rates, fees,
6 and charges as it charges consumers within its own
7 municipal boundaries under certain circumstances;
8 providing an effective date.
9
10 Be It Enacted by the Legislature of the State of Florida:
11
12 Section 1. Subsections (2), (3), and (4) of section
13 180.191, Florida Statutes, are renumbered as subsections (3),
14 (4), and (5), respectively, subsection (1) is amended, and a new
15 subsection (2) is added to that section, to read:
16 180.191 Limitation on rates charged consumer outside city
17 limits.—
18 (1) Any municipality within this the state that operates
19 operating a water or sewer utility outside of the boundaries of
20 the such municipality shall charge consumers outside the
21 boundaries rates, fees, and charges determined in one of the
22 following manners:
23 (a) It may charge the same rates, fees, and charges as
24 consumers inside the municipal boundaries. However, in addition
25 thereto, the municipality may add a surcharge of not more than

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hb0047-00
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 47 2024

26 25 percent of such rates, fees, and charges to consumers outside
27 the boundaries, except as provided in subsection (2). Fixing of
28 the such rates, fees, and charges in this manner does shall not
29 require a public hearing except as may be provided for service
30 to consumers inside the municipality.
31 (b) It may charge rates, fees, and charges that are just
32 and equitable and that which are based on the same factors used
33 in fixing the rates, fees, and charges for consumers inside the
34 municipal boundaries, except as provided in subsection (2). In
35 addition thereto, the municipality may add a surcharge not to
36 exceed 25 percent of the such rates, fees, and charges for said
37 services to consumers outside the boundaries. However, the total
38 of all the such rates, fees, and charges for the services to
39 consumers outside the boundaries may shall not be more than 50
40 percent in excess of the total amount the municipality charges
41 consumers served within the municipality for corresponding
42 service. The No Such rates, fees, and charges may not shall be
43 fixed until after a public hearing at which all of the users of
44 the water or sewer systems; owners, tenants, or occupants of
45 property served or to be served thereby; and all others
46 interested have had shall have an opportunity to be heard
47 concerning the proposed rates, fees, and charges. Any change or
48 revision of the such rates, fees, or charges may be made in the
49 same manner as the such rates, fees, or charges were originally
50 established, but if a such change or revision is to be made

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HB 47 2024

51 substantially pro rata as to all classes of service, both inside
52 and outside the municipality, a no hearing or notice is not
53 shall be required.
54 (2) Any municipality within this state that operates a
55 water or sewer utility providing service to customers i n another
56 recipient municipality using a facility or water or sewer plant
57 located in the recipient municipality shall charge consumers in
58 the recipient municipality the same rates, fees, and charges as
59 it charges the consumers within its own municipal boundaries.
60 Section 2. This act shall take effect July 1, 2024.

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hb0047-00
Energy, Communications & Cybersecurity Subcommittee
HB 47 by Rep. Robinson, F.
Municipal Water and Sewer Utility Rates

AMENDMENT SUMMARY
January 10, 2024

Amendment 1 by Robinson, F. (lines 55-58):

• Clarifies that the bill applies to municipal water or sewer utilities serving
consumers within the boundaries of a separate municipality using a “water
treatment plant or sewer treatment plant” within the boundaries of that separate
municipality.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 47 (2024)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Energy, Communications &
2 Cybersecurity Subcommittee
3 Representative Robinson, F. offered the following:
4
5 Amendment
6 Remove lines 55-58 and insert:
7 water or sewer utility providing service to consumers within the
8 boundaries of a separate municipality using a water treatment
9 plant or sewer treatment plant located within the boundaries of
10 that separate municipality shall charge consumers in the
11 separate municipality the same rates, fees, and charges as

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Published On: 1/9/2024 4:42:41 PM
Page 1 of 1
HB 777
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 777 Municipal Water or Sewer Utility Rates, Fees, and Charges
SPONSOR(S): Brackett
TIED BILLS: IDEN./SIM. BILLS: SB 1088

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Energy, Communications & Cybersecurity Bauldree Keating
Subcommittee

2) Local Administration, Federal Affairs & Special
Districts Subcommittee

3) Commerce Committee

The bill requires a municipality providing water or sewer service to customers outside of the municipality’s
boundaries to charge those customers rates that are equitable and are based on the same factors used in
fixing the rates, fees, and charges for customers inside of the municipal boundaries. The bill requires a public
hearing prior to the municipality fixing any rates, fees, or charges for customers outside of the municipal
boundaries.

The bill does not appear to impact state government revenues or state or local government expenditures. The
bill may have an indeterminate impact on local government revenues. See Fiscal Analysis & Economic Impact
Statement.

The bill provides an effective date of July 1, 2024.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0777.ECC
DATE: 1/8/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Pursuant to s. 2(b), Art. VIII of the State Constitution, municipalities have the governmental, corporate,
and proprietary powers to enable them to conduct municipal government, perform municipal functions,
and render municipal services. Municipalities may exercise any power for municipal purposes, except
when expressly prohibited by law.1 The legislative body of each municipality has the power to enact
legislation on any subject upon which the state Legislature may act with certain exceptions.2 Under
their home rule power and as otherwise provided or limited by law or agreement, municipalities may
provide utilities to citizens and entities within the municipality’s corporate boundaries, in unincorporated
areas, and even in other municipalities.

Municipalities are authorized by general law to provide water and sewer utility services. 3 With respect
to public works projects, including water and sewer utility services, 4 municipalities may extend and
execute their corporate powers outside of their corporate limits as “desirable or necessary for the
promotion of the public health, safety and welfare.” 5 A municipality may not extend or apply these
corporate powers within the corporate limits of another municipality.6 However, it may permit any other
municipality and the owners of lands outside its corporate limits or within the limits of another
municipality to connect with its water and sewer utility facilities and use its services upon agreed terms
and conditions.7 An informal study conducted in 2014 indicated that approximately 250 municipalities
provide water service and approximately 220 municipalities provide wastewater service. Of these
municipalities, the study found that approximately 140 provide water and/or waste water services to
customers outside of their municipal boundaries, which may include customers in unincorporated areas
of counties or in other municipalities.8 These utility systems are exempt from the jurisdiction of the
Florida Public Service Commission.

A municipality that operates a water or sewer utility outside of its municipal boundaries may impose
higher rates, fees, and charges on customers receiving service outside of its boundaries as compared
to the rates, fees, and charges imposed on customers within its boundaries. The municipality can
accomplish this in two ways:

flow and bodies of water for sanitary purposes, garbage collection and disposal, airports, hospitals, jails, golf courses, ga s
plants and distribution systems, and related facilities.
5 S. 180.02(2), F.S.
6 Id.
7 S. 180.19, F.S.
8 Analysis of House Bill 813 (2014), Florida House of Representatives.
9 S. 180.191(1)(a), F.S.
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DATE: 1/8/2024
 Second, it may set separate rates, fees, and charges for customers outside its boundaries
based on the same factors used to set rates for customers within its boundaries. It may add a
surcharge of up to 25 percent of these charges, provided that the total of all such rates, fees,
and charges for service to customers outside its boundaries may not exceed the total charges
to customers within its boundaries by more than 50 percent for corresponding service. Rates
set in this manner require a public hearing at which all users served or to be served by the
water or sewer utilities and all other interested persons will have an opportunity to be heard
concerning the proposed rates.10

There is no central repository for information concerning municipal water or sewer service rates that
identifies municipalities that impose higher rates on customers outside of the municipal boundaries, the
specific mechanism used by such municipalities to establish such rates, or the level of any additional
charge or surcharge imposed.

Effect of the Bill

The bill requires a municipality providing water or sewer service to customers outside of the
municipality’s boundaries to charge those customers rates that are equitable and are based on the
same factors used in fixing the rates, fees, and charges for customers inside of the municipal
boundaries. The bill requires a public hearing prior to the municipality fixing any rates, fees, or charges
for customers outside of the municipal boundaries.

The bill eliminates the ability of a municipality providing water or sewer service outside of its boundaries
to charge up to a 25% surcharge for such service without a specific basis for the surcharge or to charge
any surcharge without a public hearing.

Under the bill, each municipality that provides water or sewer service outside of its boundaries must
conduct a rate study by January 1, 2027, and every 7 years thereafter.

The bill provides an effective date of July 1, 2024.

B. SECTION DIRECTORY:
Section 1: Amends s. 180.191, F.S., relating to limitation on rates charged consumer outside city limits.

Section 2: Provides an effective date of July 1, 2024.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
None.

2. Expenditures:
None.

B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
Indeterminate. For municipalities which own and operate water or sewer utilities and serve
customers outside of municipal boundaries the bill eliminates the ability of such municipal utilities to
impose up to a 25% surcharge on such consumers without a specific basis for the surcharge.

10 S. 180.191(1)(b), F.S.
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DATE: 1/8/2024
However, to the extent that higher rates, fees, and charges for such customers are set in a public
hearing based on the same factors used in setting rates, fees, and charges for customers located
within the municipal boundaries, revenue impacts may be mitigated.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
The bill may result in cost savings to municipal water and sewer utility customers located outside of
municipal boundaries, those such savings are not guaranteed.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

1. Applicability of Municipality/County Mandates Provision:
Not Applicable. This bill does not appear to require counties or municipalities to spend funds or take
action requiring the expenditures of funds; reduce the authority that counties or municipalities have
to raise revenues in the aggregate; or reduce the percentage of state tax shared with counties or
municipalities.

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
The bill requires certain municipal water or sewer utilities to periodically conduct a uses the term “rate
study.” This provision should be clarified to describe more specifically what a rate study should
address.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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DATE: 1/8/2024
F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 777 2024

1 A bill to be entitled
2 An act relating to municipal water or sewer utility
3 rates, fees, and charges; amending s. 180.191, F.S.;
4 removing a provision authorizing certain
5 municipalities serving consumers outside their
6 boundaries to add specific surcharges to the rates,
7 fees, and charges; removing a provision which does not
8 require a public hearing for adding specific
9 surcharges; requiring certain municipalities to
10 conduct rate studies by specified dates; providing an
11 effective date.
12
13 Be It Enacted by the Legislature of the State of Florida:
14
15 Section 1. Subsection (1) of section 180.191, Florida
16 Statutes, is amended, and a new subsection (5) is added to that
17 section, to read:
18 180.191 Limitation on rates charged consumer outside city
19 limits.—
20 (1) Any municipality within the state operating a water or
21 sewer utility outside of the boundaries of such municipality
22 shall charge consumers outside the boundaries rates, fee s, and
23 charges determined in one of the following manners:
24 (a) It may charge the same rates, fees, and charges as
25 consumers inside the municipal boundaries. However, in addition

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HB 777 2024

26 thereto, the municipality may add a surcharge of not more than
27 25 percent of such rates, fees, and charges to consumers outside
28 the boundaries. Fixing of such rates, fees, and charges in this
29 manner shall not require a public hearing except as may be
30 provided for service to consumers inside the municipality.
31 (b) It may charge rates, fees, and charges that are just
32 and equitable and which are based on the same factors used in
33 fixing the rates, fees, and charges for consumers inside the
34 municipal boundaries. In addition thereto, the municipality may
35 add a surcharge not to exceed 25 percent of such rates, fees,
36 and charges for said services to consumers outside the
37 boundaries. However, the total of all such rates, fees, and
38 charges for the services to consumers outside the boundaries
39 shall not be more than 50 percent in excess of the total amount
40 the municipality charges consumers served within the
41 municipality for corresponding service. No such rates, fees, and
42 charges shall be fixed until after a public hearing at which all
43 of the users of the water or sewer systems; owners, tenants, or
44 occupants of property served or to be served thereby; and all
45 others interested shall have an opportunity to be heard
46 concerning the proposed rates, fees, and charges. Any change or
47 revision of such rates, fees, or charges may be made in the same
48 manner as such rates, fees, or charges were originally
49 established, but if such change or revision is to be made
50 substantially pro rata as to all classes of service, both inside

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HB 777 2024

51 and outside the municipality, no hearing or notice shall be
52 required.
53 (5) Each municipality subject to subsection (1) must
54 conduct a rate study by January 1, 2027, and every 7 years
55 thereafter.
56 Section 2. This act shall take effect July 1, 2024.

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hb0777-00
Energy, Communications & Cybersecurity Subcommittee
HB 777 by Rep. Brackett
Municipal Water or Sewer Utility Rates, Fees, and Charges

AMENDMENT SUMMARY
January 10, 2024

Amendment 1 by Brackett (lines 32-55):

• Clarifies that a municipality providing water or sewer utility service to consumers
outside of the boundaries of such municipality must charge all consumers the
same rates, fees, and charges.
• Specifies the minimum components of a rate study.
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 777 (2024)
Amendment No. 1

COMMITTEE/SUBCOMMITTEE ACTION
ADOPTED (Y/N)
ADOPTED AS AMENDED (Y/N)
ADOPTED W/O OBJECTION (Y/N)
FAILED TO ADOPT (Y/N)
WITHDRAWN (Y/N)
OTHER

1 Committee/Subcommittee hearing bill: Energy, Communications &
2 Cybersecurity Subcommittee
3 Representative Brackett offered the following:
4
5 Amendment
6 Remove lines 32-55 and insert:
7 and equitable and which are based on the same factors used in
8 fixing the rates, fees, and charges for consumers inside the
9 municipal boundaries. In addition thereto, the municipality may
10 add a surcharge not to exceed 25 percent of such rates, fees,
11 and charges for said services to consumers outside the
12 boundaries. However, the total of all such rates, fees, and
13 charges for the services to consumers outside the boundaries
14 shall not be more than 50 percent in excess of the total amount
15 the municipality charges consumers served within the
16 municipality for corresponding service. No such rates, fees, and
362323 - h0777- line32.docx
Published On: 1/9/2024 5:44:40 PM
Page 1 of 2
COMMITTEE/SUBCOMMITTEE AMENDMENT
Bill No. HB 777 (2024)
Amendment No. 1

17 charges shall be fixed until after a public hearing at which all
18 of the users of the water or sewer systems; owners, tenants, or
19 occupants of property served or to be served thereby; and all
20 others interested shall have an opportunity to be heard
21 concerning the proposed rates, fees, and charges. Any change or
22 revision of such rates, fees, or charges may be made in the same
23 manner as such rates, fees, or charges were originally
24 established, but if such change or revision is to be made
25 substantially pro rata as to all classes of service, both inside
26 and outside the municipality, no hearing or notice shall be
27 required.
28 (5) By January 1, 2027, and every 7 years thereafter, each
29 municipality subject to subsection (1) must conduct a rate study
30 which evaluates, at a minimum, the utility’s future capital
31 investment needs, whether the utility’s rates are expected to
32 generate sufficient revenues to cover its operating and
33 maintenance costs and support current and planned capital
34 investment, and whether costs are equitably distributed among
35 all customer classes.

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HB 825
HOUSE OF REPRESENTATIVES STAFF ANALYSIS
BILL #: HB 825 Underground Facilities
SPONSOR(S): Koster
TIED BILLS: IDEN./SIM. BILLS: SB 708

REFERENCE ACTION ANALYST STAFF DIRECTOR or
BUDGET/POLICY CHIEF

1) Energy, Communications & Cybersecurity Phelps Keating
Subcommittee

2) Commerce Committee

SUMMARY ANALYSIS
Chapter 556, F.S., is the “Underground Facility Damage Prevention and Safety Act” (Act). The stated purpose
of the Act is to identify and locate underground facilities prior to an excavation or demolition to prevent injury to
persons or property or interruption of services resulting from damage to those facilities. To accomplish this, the
Act creates a not-for-profit corporation, Sunshine State One-Call of Florida, Inc. (SSOCOF), to administer a
free-access notification system.

This bill amends the “Underground Facility Damage Prevention and Safety Act” by:
 Extending the time for excavators to notify SSOCOF before excavating to three full business days;
 Extending the time for potentially affected member operators to mark the location of their underground
facilities in relation to the proposed excavation or demolition to three full business days; and
 Implementing an enhanced civil penalty for an excavator’s failure to notify a high-priority subsurface
installation (HPSI) operator of the start time and date of a planned excavation if the HPSI operator
provides timely notice of the existence of a HPSI.

The bill may have an insignificant, positive fiscal impact on state and local government revenues. The bill does
not appear to impact state or local government expenditures.

The bill provides an effective date of October 1, 2024.

This docum ent does not reflect the intent or official position of the bill sponsor or House of Representatives .
STORAGE NAME: h0825.ECC
DATE: 1/8/2024
FULL ANALYSIS

I. SUBSTANTIVE ANALYSIS

A. EFFECT OF PROPOSED CHANGES:
Present Situation

Underground Facility Damage Prevention and Safety Act

Chapter 556, F.S., is the “Underground Facility Damage Prevention and Safety Act” (Act). The goal of
the Act is to identify and locate underground facilities 1 prior to an excavation or demolition to prevent
injury to persons or property or interruption of services resulting from damage to those facilities. 2 To
accomplish this, the Act creates a not-for-profit corporation to administer a free-access notification
system whereby a person intending to conduct excavation or demolition activities can give prior notice
to the system of the person’s intended activities, allowing operators of underground facilities the
opportunity to identify and locate their nearby facilities.3 All operators of underground facilities in the
state are required to be members of the corporation (“member operators”) and are required to use and
participate in the system.4

The not-for-profit corporation created under the Act is Sunshine State One-Call of Florida, Inc.
(SSOCOF), which exercises its powers through a board of directors. 5 SSOCOF is required to provide a
single toll-free telephone number within Florida which excavators can use to notify member operators
of planned excavation or demolition activities through the system.6 The person intending to conduct
excavation or demolition must notify the system not less than two full business days before beginning
the operations, and not less than 10 full business days before beginning any excavation or demolition
that is beneath state waters.7 The person must also provide specified identification, location, and
operational information which remain valid for 30 calendar days. 8 Upon receipt of this notice, the
system provides to the person a list of names of the member operators who will be advised of the
notification.9

The system operator in turn notifies the potentially affected member operators of the planned
excavation or demolition activities.10 Within two full business days after the time the notification is
received by the system (or 10 days if the proposed excavation is in proximity to facilities beneath state
waters), potentially affected member operators must determine the location of their underground
facilities in relation to the proposed excavation or demolition. 11 If this cannot be done in this time period,
the member operator must contact the person giving notice and negotiate a new schedule and time that

1 S. 556.102(16), F.S., defines “underground facility” as “any public or private personal property which is buried, placed
below ground, or submerged on any member operator’s right-of-way, easement, or permitted use which is being used
or will be used in connection with the storage or conveyance of water; sewage; electronic, telephonic, or telegraphic
communication; electric energy; oil; petroleum products; natural gas; optical signals; or other substances, and
includes, but is not limited to, pipelines, pipes, sewers, conduits, cables, valves, and lines. For purposes of this act, a
liquefied petroleum gas line regulated under chapter 527 is not an underground facility unless such line is subject to
the requirements of Title 49 C.F.R. adopted by the Department of Agriculture and Consumer Services, provided there is
no encroachment on any member operator’s right-of-way, easement, or permitted use. Petroleum storage systems
subject to regulation pursuant to chapter 376 are not considered underground facilities for the purposes of this act
unless the storage system is located on a member operator’s right-of-way or easement. Storm drainage systems are not
considered underground facilities.”
2 S. 556.101(3), F.S.
3 S. 556.101(2), F.S.
4 S. 556.103(1), F.S.
5 S. 556.103, F.S.
6 S. 556.104, F.S.
7 S. 556.105(1)(a), F.S.
8 S. 556.105(1)(c), F.S.
9 S. 556.105(3), F.S.
10 S. 556.105(5), F.S.
11 S. 556.105(5) and (9), F.S.
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is agreeable and does not unreasonably delay the excavator.12 If a member operator determines that a
proposed excavation or demolition is in proximity to or conflicts with an underground facility, the
member operator must identify the horizontal route of the facility in a specified manner.13

An excavator is required to delay excavations until the first of the following events occurs: (1) each
member operator’s underground facilities have been marked and located; (2) the excavator has been
notified that no member operator has underground facilities in the area described in the notice; or (3)
expiration of the time allowed for markings.14 If a member operator has not located and marked its
underground facilities within the time allowed for marking, the excavator may proceed with the
excavation, provided the excavator does so with reasonable care and uses detection equipment or
other acceptable means to locate underground facilities.15 An excavator may not conduct demolition in
an area until all member operators’ underground facilities have been marked and located or removed.16

The Act also establishes violations of certain provisions as noncriminal infractions that are enforceable
by citations which may be issued by any local or state law enforcement officer, government code
inspector, or code enforcement officer.17 The Act establishes a civil penalty of $500, plus court costs,
for such infractions.18 Violations of certain provisions involving an underground facility transporting
hazardous materials regulated by the Pipeline and Hazardous Materials Safety Administration of the
United States Department of Transportation (PHMSA) are noncriminal infractions subject to enhanced
civil penalties of $2,500, plus court costs.19

High-priority Subsurface Installations

A high-priority subsurface installation (HPSI) is an “underground gas transmission or gas distribution
pipeline, or an underground pipeline used to transport gasoline, jet fuel, or any other refined petroleum
product or hazardous or highly volatile liquid, such as anhydrous ammonia or carbon dioxide.”20
Currently, if an excavation is proposed within 15 feet of such an installation, as identified by the
operator, the HPSI member operator shall notify the excavator of the existence of the installation and
shall mark its location in the time frame provided by s. 556.105, F.S.21 After receiving this notice, the
excavator must provide notice to the HPSI member operator of the planned excavation start date and
time.22 If the HPSI member operator does not provide timely notice, the excavator may proceed to
excavate without notifying the HPSI member operator of the excavation start date and time.23

Increased Locate/Ticket Requests

Due to increased development in Florida over the last decade, the number of locate requests to the
SSOCOF system has increased over 50% from fiscal year (FY) 2014-2015 to FY 2022-2023.24 The
growth in requests has made it difficult for SSOCOF to fulfill all of them within the two day timeframe
required by law; approximately 16% of locate requests were not fulfilled within two days over
SSOCOF’s last fiscal year.25 This allows excavators to proceed with reasonable care in conducting the
excavation without member operators marking their facilities.

12 S. 556.105(5)(a), F.S.
13 S. 556.105(5)(a) and (b), F.S.
14 S. 556.105(6), F.S.
15 Id.
16 S. 556.105(6)(b), F.S.
17 S. 556.107, F.S.
18 S. 556.107(1)(c), F.S.
19 S. 556.107(1)(c)2., F.S.
20 S. 556.102(8), F.S.
21 S. 556.116(1), F.S.
22 Id. A failure to provide the date and start of an excavation is not listed among the five violations for which an excavator

can be issued a citation under s. 556.107(1)(a)2.
23 Id.
24 Compare Sunshine 881, 2014-15 Annual Report, p. 3, available at https://www.sunshine811.com/annual-reports (1.4

million tickets), with Sunshine 881, 2022-23 Annual Report, p. 3, available at https://www.sunshine811.com/annual-reports
(2.2 million tickets).
25 Email from Chris Lyon, Attorney, Lewis, Longman & Walker, P.A. representing Sunshine 811, HB 825, (Jan. 4, 2024).
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Effect of Bill

Extension of Time

The bill extends the time for excavators to notify SSOCOF before excavating from at least two full
business days to at least three full business days.

The bill also extends the time for potentially affected member operators to determine the location of
their underground facilities in relation to a proposed excavation or demolition from two full business
days to three full business days.

Penalties for HPSI Infractions

The bill makes an excavator’s failure to notify the HPSI member operator of the start time and date of a
planned excavation (if the HPSI member operator has provided a timely notice of the existence of a
HPSI) a violation under s. 556.107(1)(a)(2), F.S. This subjects the excavator to an enhanced civil
penalty of $2,500 plus court costs for each infraction. 26

The act will take effect October 1, 2024.

B. SECTION DIRECTORY:
Section 1. Amends s. 556.105, F.S., relating to procedures.

Section 2. Amends s. 556.107, relating to violations.

Section 3. Reenacts s. 556.102(8), F.S., relating to definitions.

Section 4. Reenacts s. 556.108, F.S., relating to exemptions.

Section 5. Reenacts s. 556.114(1)-(4), F.S., relating to low-impact marking practices.

Section 6. Reenacts s. 556.116(1)-(2)(a)-(d), F.S., relating to high-priority subsurface installations.

II. FISCAL ANALYSIS & ECONOMIC IMPACT STATEMENT

A. FISCAL IMPACT ON STATE GOVERNMENT:

1. Revenues:
The bill may have an indeterminate, positive impact on state government revenues.

The bill adds that certain violations of s. 556.116(1), F.S., are subject to an enhanced civil penalty
of $2,500 plus court costs. If a citation is issued by the State Fire Marshal for such a violation, 80
percent of the civil penalty collected by the clerk of the court must be distributed to the State Fire
Marshal and 20 percent must be retained by the clerk in addition to any court costs. 27 The
significance of any increase in revenue as a result of this penalty depends entirely on compliance
with and enforcement of s. 556.116(1), F.S.

2. Expenditures:
None.

26 S. 556.107(1)(c)(2), F.S.
27 Id.
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B. FISCAL IMPACT ON LOCAL GOVERNMENTS:

1. Revenues:
The bill may have an indeterminate, positive impact on local government revenues.

The bill adds that certain violations of s. 556.116(1), F.S., are subject to an enhanced civil penalty
of $2,500 plus court costs. If the citation for a noncriminal infraction is issued by a local law
enforcement officer, local government code inspector, or a code enforcement officer, 80 percent of
the penalty collected will be distributed to the local governmental entity whose employee issued the
citation and the remaining 20 percent will be retained by the clerk of the court to cover
administrative costs. The significance of this increase, however, will depend entirely on compliance
with and enforcement of Chapter 556, F.S.

2. Expenditures:
None.

C. DIRECT ECONOMIC IMPACT ON PRIVATE SECTOR:
Excavators will become subject to a fine of $2,500 for failing to notify HPSI member operators of a
planned excavation start time and date. This may encourage greater compliance with this provision of
the Act.

D. FISCAL COMMENTS:
None.

III. COMMENTS

A. CONSTITUTIONAL ISSUES:

2. Other:
None.

B. RULE-MAKING AUTHORITY:
The bill does not require or authorize rulemaking.

C. DRAFTING ISSUES OR OTHER COMMENTS:
None.

IV. AMENDMENTS/COMMITTEE SUBSTITUTE CHANGES
Not applicable.

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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S

HB 825 2024

1 A bill to be entitled
2 An act relating to underground facilities; amending s.
3 556.105, F.S.; revising the timeframe within which an
4 excavator is required to provide certain information
5 through the free-access notification system
6 established by Sunshine State One-Call of Florida,
7 Inc., before beginning certain excavation or
8 demolition activities; revising the timeframes during
9 which member operators who receive such notifications
10 are required to mark the horizontal route of an
11 underground facility and provide a positive response
12 to the system; making technical changes; reordering
13 and amending s. 556.107, F.S., and reenacting
14 paragraph (3)(a) of that section; providing a
15 noncriminal infraction subject to enhanced civil
16 penalties for a specified violation; making technical
17 changes; reenacting ss. 556.102(8), 556.108, and
18 556.114(1)-(4), F.S., relating to the definition of
19 the term "high-priority subsurface installation,"
20 exemptions to certain notification requirements, and
21 low-impact marking practices, respectively, to
22 incorporate the amendment made to s. 556.105, F.S., in
23 references thereto; reenacting s. 556.116(1) and
24 (2)(a)-(d), F.S., relating to high-priority subsurface
25 installations, to incorporate the amendments made to

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26 ss. 556.105 and 556.107, F.S., in references thereto;
27 providing an effective date.
28
29 Be It Enacted by the Legislature of the State of Florida:
30
31 Section 1. Paragraph (a) of subsection (1), paragraph (a)
32 of subsection (5), and paragraph (a) of subsection (9) of
33 section 556.105, Florida Statutes, are amended to read:
34 556.105 Procedures.—
35 (1)(a) Not less than 3 2 full business days before
36 beginning any excavation or demolition that is not beneath the
37 waters of the state, and not less than 10 full business days
38 before beginning any excavation or demolition that is beneath
39 the waters of the state, an excavator shall provide the
40 following information through the system:
41 1. The name of the individual who provided notification
42 and the name, address, including the street address, city,
43 state, zip code, and telephone number of her or his employer.
44 2. The name and telephone number of the representative for
45 the excavator, and a valid electronic address to facilitate a
46 positive response by the system should be provided, if
47 available.
48 3. The county, the city or closest city, and the street
49 address or the closest street, road, or intersection to the
50 location where the excavation or demolition is to be performed,

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51 and the construction limits of the excavation or demolition.
52 4. The commencement date and anticipated duration of the
53 excavation or demolition.
54 5. Whether machinery will be used for the excavation or
55 demolition.
56 6. The person or entity for whom the work is to be done.
57 7. The type of work to be done.
58 8. The approximate depth of the excavation.
59 (5) All member operators within the defined area of a
60 proposed excavation or demolition shall be promptly notified
61 through the system, except that member operators with state-
62 owned underground facilities located within the right -of-way of
63 a state highway need not be notified of excavation or demolition
64 activities and are under no obligation to mark or locate the
65 facilities.
66 (a) If a member operator determines that a proposed
67 excavation or demolition is in proximity to or in conflict with
68 an underground facility of the member operator, except a
69 facility beneath the waters of the state, which is governed by
70 paragraph (b), the member operator must shall identify the
71 horizontal route by marking to within 24 inches from the outer
72 edge of either side of the underground facility by the use of
73 stakes, paint, flags, or other suitable means within 3 2 full
74 business days after the time the notification is received under
75 subsection (1). If the member operator is unable to respond

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76 within such time, the member operator must shall communicate
77 with the person making the request and negotiate a new schedule
78 and time that is agreeable to, and should not unreasonably
79 delay, the excavator.
80 (9)(a) After receiving notification from the system, a
81 member operator shall provide a positive response to the system
82 within 3 2 full business days, or 10 such days for an underwater
83 excavation or demolition, indicating the status of operations to
84 protect the facility.
85 Section 2. Paragraph (a) of subsection (1) of section
86 556.107, Florida Statutes, is reordered and amended, and
87 paragraph (a) of subsection (3) is reenacted, to read:
88 556.107 Violations.—
89 (1) NONCRIMINAL INFRACTIONS.—
90 (a)1. Violations of the following provisions are
91 noncriminal infractions:
92 a. Section 556.105(1), relating to providing required
93 information.
94 c.b. Section 556.105(5)(c), relating to excavation
95 practices in tolerance zones.
96 d.c. Section 556.105(6), relating to the avoidance of
97 excavation.
98 e.d. Section 556.105(11), relating to the need to stop
99 excavation or demolition because marks are no longer visible,
100 or, in the case of underwater facilities, are inadequately

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101 documented.
102 f.e. Section 556.105(12), relating to the need to cease
103 excavation or demolition activities because of contact or damage
104 to an underground facility.
105 b.f. Section 556.105(5)(a) and (b), relating to
106 identification of underground facilities, if a member operator
107 does not mark an underground facility, but not if a member
108 operator marks an underground facility incorrectly.
109 g. Section 556.109(2), relating to falsely notifying the
110 system of an emergency situation or condition.
111 h. Section 556.114(1), (2), (3), and (4), relating to a
112 failure to follow low-impact marking practices, as defined
113 therein.
114 2. Violations of the following provisions involving an
115 underground facility transporting hazardous materials that are
116 regulated by the Pipeline and Hazardous Materials Safety
117 Administration of the United States Department of Transportation
118 are noncriminal infractions, subject to enhanced civil penalties
119 under paragraph (c):
120 a. Section 556.105(1), relating to providing required
121 information.
122 b. Section 556.105(5)(c), relating to excavation practices
123 in tolerance zones.
124 c. Section 556.105(6), relating to the avoidance of
125 certain excavation.

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126 d. Section 556.105(11), relating to the need to stop
127 excavation or demolition because certain marks are removed, no
128 longer visible, or inadequately documented.
129 e. Section 556.105(12), relating to the need to cease
130 excavation or demolition activities because of contact or damage
131 to an underground facility.
132 f. Section 556.116(1), relating to a failure to notify of
133 the planned excavation start date and time before beginning
134 excavation, if the member operator provides timely notice of the
135 existence of a high-priority subsurface installation.
136 (3) MISDEMEANORS.—
137 (a) Any person who knowingly and willfully removes or
138 otherwise destroys the valid stakes or other valid physical
139 markings described in s. 556.105(5)(a) and (b) used to mark the
140 horizontal route of an underground facility commits a
141 misdemeanor of the second degree, punishable as provided in s.
142 775.082 or s. 775.083. For purposes of this subsection, stakes
143 or other nonpermanent physical markings are considered valid for
144 30 calendar days after information is provided to the system
145 under s. 556.105(1)(a).
146 Section 3. For the purpose of incorporating the amendment
147 made by this act to section 556.105, Florida Statutes, in a
148 reference thereto, subsection (8) of section 556.102, Florida
149 Statutes, is reenacted to read:
150 556.102 Definitions.—As used in this act:

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151 (8) "High-priority subsurface installation" means an
152 underground gas transmission or gas distribution pipeline, or an
153 underground pipeline used to transport gasoline, jet fuel, or
154 any other refined petroleum product or hazardous or highly
155 volatile liquid, such as anhydrous ammonia or carbon dioxide, if
156 the pipeline is deemed to be critical by the operat or of the
157 pipeline and is identified as a high-priority subsurface
158 installation to an excavator who has provided a notice of intent
159 to excavate under s. 556.105(1), or would have been identified
160 as a high-priority subsurface installation except for the
161 excavator's failure to give proper notice of intent to excavate.
162 Section 4. For the purpose of incorporating the amendment
163 made by this act to section 556.105, Florida Statutes, in a
164 reference thereto, section 556.108, Florida Statutes, is
165 reenacted to read:
166 556.108 Exemptions.—The notification requirements provided
167 in s. 556.105(1) do not apply to:
168 (1) Any excavation or demolition performed by the owner of
169 a single-family residential property, not including property
170 that is subdivided or is to be subdivided into more than one
171 single-family residential property; or for such owner by a
172 member operator or an agent of a member operator when such
173 excavation or demolition is made entirely on such land, and only
174 up to a depth of 10 inches; provided due care is used and there
175 is no encroachment on any member operator's right-of-way,

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176 easement, or permitted use.
177 (2) Any excavation or demolition associated with normal
178 agricultural or railroad activities, provided such activities
179 are not performed on any operator's marked right-of-way,
180 easement, or permitted use.
181 (3) Any excavation or demolition that occurs as the result
182 of normal industrial activities, provided such activities are
183 confined to the immediate secured property of the facility and
184 the activities are not performed on any operator's marked right-
185 of-way, easement, or permitted use. For the purposes of this
186 act, the industrial activities are limited to the following list
187 of Standard Industrial Classifications: Industry Group Numbers
188 141, 206, 242, 243, and 491, and Major Group Numbers 13, 26, 28,
189 and 29, as published by the United States Office of Management
190 and Budget in 1987.
191 (4) Any excavation of 18 inches or less for:
192 (a) Surveying public or private property by surveyors or
193 mappers as defined in chapter 472 and services performed by a
194 pest control licensee under chapter 482, excluding marked
195 rights-of-way, marked easements, or permitted uses where marked,
196 if mechanized equipment is not used in the process of such
197 surveying or pest control services and the surveying or pest
198 control services are performed in accordance with the practice
199 rules established under s. 472.027 or s. 482.051, respectively;
200 (b) Maintenance activities performed by a state agency and

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201 its employees when such activities are within the right-of-way
202 of a public road; however, if a member operator has permanently
203 marked facilities on such right-of-way, mechanized equipment may
204 not be used without first providing notification; or
205 (c) Locating, repairing, connecting, adjusting, or routine
206 maintenance of a private or public underground utility facility
207 by an excavator, if the excavator is performing such work for
208 the current owner or future owner of the underground facility
209 and if mechanized equipment is not used.
210 (5)(a) Any excavation with hand tools by a member operator
211 or an agent of a member operator for:
212 1. Locating, repairing, connecting, or protecting, or
213 routine maintenance of, the member operator's underground
214 facilities; or
215 2. The extension of a member operator's underground
216 facilities onto the property of a person to be served by such
217 facilities.
218 (b) The exemption provided in this subsection is limited
219 to excavations to a depth of 30 inches if the right -of-way has
220 permanently marked facilities of a company other than the member
221 operator or its agents performing the excavation.
222 Section 5. For the purpose of incorporating the amendment
223 made by this act to section 556.105, Florida Statutes, in
224 references thereto, subsections (1) through (4) of section
225 556.114, Florida Statutes, are reenacted to read:

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226 556.114 Low-impact marking practices.—
227 (1) An excavator providing notice under s. 556.105(1)(a)
228 shall identify in its notice only the area that will be
229 excavated during the period that the information in such notice
230 is considered valid under s. 556.105(1)(c).
231 (2) When an excavator has not completed an excavation
232 noticed under s. 556.105(1)(a) within the period that the
233 information in the notice is considered valid under s.
234 556.105(1)(c), the excavator must provide a subsequent notice to
235 the system under s. 556.105(1)(a) to continue with the
236 excavation, and such subsequent notice shall identify only the
237 remaining area to be excavated.
238 (3) When an excavation site cannot be described in
239 information provided under s. 556.105(1)(a) with sufficient
240 particularity to enable the member operator to ascertain the
241 excavation site, and if the excavator and member operator have
242 not mutually agreed otherwise, the excavator shall premark the
243 proposed area of the excavation before a member operator is
244 required to identify the horizontal route of its underground
245 facilities in the proximity of any excavation. However,
246 premarking is not required when the premarking could reasonably
247 interfere with traffic or pedestrian control.
248 (4) A member operator shall identify the horizontal route
249 of its underground facilities as set forth in s. 556.105(5)(a)
250 and (b), and excavators shall premark an excavation site as set

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251 forth in subsection (3) using flags or stakes or temporary,
252 nonpermanent paint or other industry-accepted low-impact marking
253 practices.
254 Section 6. For the purpose of incorporating the amendments
255 made by this act to sections 556.105 and 556.107, Florida
256 Statutes, in references thereto, subsection (1) and paragraphs
257 (a) through (d) of subsection (2) of section 556.116, Florida
258 Statutes, are reenacted to read:
259 556.116 High-priority subsurface installations; special
260 procedures.—
261 (1) When an excavator proposes to excavate or demolish
262 within 15 feet of the horizontal route of an underground
263 facility that has been identified as a high-priority subsurface
264 installation by the operator of the facility, the operator
265 shall, in addition to identifying the horizontal route of its
266 facility as set forth in s. 556.105(5)(a) and (b), and within
267 the time period set forth in s. 556.105(9)(a) for a positive
268 response, notify the excavator that the facility is a high -
269 priority subsurface installation. If the member operator
270 provides such timely notice of the existence of a high-priority
271 subsurface installation, an excavator shall notify the operator
272 of the planned excavation start date and time before beginning
273 excavation. If the member operator does not provide timely
274 notice, the excavator may proceed, after waiting the prescribed
275 time period set forth in s. 556.105(9)(a), to excavate without

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276 notifying the member operator of the excavation start date and
277 time. The exemptions stated in s. 556.108 apply to the
278 notification requirements in this subsection.
279 (2)(a) An alleged commission of an infraction listed in s.
280 556.107(1) which results in an incident must be reported to the
281 system and the State Fire Marshal by a member operator or an
282 excavator within 24 hours after learning of the alleged
283 occurrence of an incident.
284 (b) Upon receipt of an allegation that an incident has
285 occurred, the member operator or excavator shall transmit an
286 incident report to the State Fire Marshal, who shall conduct an
287 investigation to determine whether an incident has occurred,
288 and, if so, whether a violation of s. 556.107(1)(a) was a
289 proximate cause of the incident. The State Fire Marshal may
290 authorize his or her agents, as provided in ss. 633.114,
291 633.116, and 633.118, to conduct investigations of incidents.
292 (c) The State Fire Marshal or his or her agents as
293 provided in ss. 633.114, 633.116, and 633.118 may issue a
294 citation and impose a civil penalty against a violator in an
295 amount not to exceed $50,000 if the person violated a provision
296 of s. 556.107(1)(a) and that violation was a proximate cause of
297 the incident. However, if a state agency or political
298 subdivision caused the incident, the state agency or political
299 subdivision may not be fined in an amount in excess of $10,000.
300 (d) The civil penalty imposed under this subsection is in

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301 addition to any amount payable as a result of a citation
302 relating to the incident under s. 556.107(1)(a).
303 Section 7. This act shall take effect October 1, 2024.

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