Florida 2020 Regular Session Status: In Committee

SB 1464 — Underground Facility Damage Prevention and Safety

Last action — Laid on Table, refer to CS/CS/HB 1095

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Underground Facility Damage Prevention and Safety; Revising and providing noncriminal violations relating to the transportation of certain hazardous materials; requiring certain persons to transmit an incident report to the State Fire Marshal; providing that certain incident reports must be investigated by the State Fire Marshal or his or her agents; requiring Sunshine State One-Call of Florida, Inc., to review certain reports and complaints, etc.

Bill Text

What changed in the latest version

459 added · 421 removed

Plain-language change summary

The updated version of SB 1464 introduces a clearer definition of "permanent marker" and streamlines how violations related to hazardous materials are handled. Notably, it gives the State Fire Marshal and local officials more authority to issue citations and impose penalties for certain infractions. These changes matter because they aim to improve safety regulations related to underground facilities and ensure quicker response times to incidents, thereby enhancing overall public safety.

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Florida Senate - 2020 CS for CS for SB 1464 By the Committees on Banking and Insurance;
Florida Senate - 2020 CS for SB 1464 By the Committee on Infrastructure and Security;
and Infrastructure and Security;
and Senator Flores 596-02649-20 20201464c1 A bill to be entitled An act relating to underground facility damage prevention and safety;
and Senator Flores 597-03515-20 20201464c2 A bill to be entitled An act relating to underground facility damage prevention and safety;
defining the term “permanent marker” and consolidating other definitions from throughout the chapter;
defining the term “permanent marker” for purposes of the Underground Facility Damage Prevention and Safety Act;
revising noncriminal violations and providing noncriminal violations relating to the transportation of certain hazardous materials;
providing noncriminal violations relating to the transportation of certain hazardous materials;
authorizing the State Fire Marshal or his or her agents to issue certain citations;
authorizing the State Fire Marshal or local fire chief to issue certain citations;
providing civil penalties relating to removing or damaging a permanent marker;
providing criminal penalties;
moving and consolidating definitions to the definition section for the chapter;
providing that certain incident reports must be submitted to, and investigated by, the State Fire Marshal, the local fire chief, a local or state law enforcement officer, a government code inspector, or a code enforcement officer;
providing that certain incident reports must be submitted to, and investigated by, the State Fire Marshal or his or her agents;
authorizing the State Fire Marshal, the local fire chief, a local or state law enforcement officer, a government code inspector, or a code enforcement officer to issue citations and civil penalties;
authorizing the State Fire Marshal or his or her agents to issue citations and civil penalties;
requiring written warnings for certain noncriminal infractions;
providing for an enhanced penalty upon conviction for a failure to respond;
requiring Sunshine State One-Call of Florida, Inc., to review certain reports and complaints;
creating an underground facility damage prevention review panel under the Division of State Fire Marshal within the Department of Financial Services;
requiring the corporation to identify areas for additional education and recommend solutions;
providing duties and membership of the review panel;
requiring an annual report to the Governor and the Legislature;
specifying the term limits of the review panel;
requiring the Division of State Fire Marshal to provide support to the review panel;
providing that members of the panel serve without reimbursement or compensation;
34 Be It Enacted by the Legislature of the State of Florida:
36 Be It Enacted by the Legislature of the State of Florida:
36 Section 1. Present subsections (8) and (9) through (14) of section 556.102, Florida Statutes, are redesignated as subsections (10) and (12) through (17), respectively, and new subsections (8), (9), and (11) are added to that section, to read:
38 Section 1. Subsections (9) through (14) of section 556.102, Florida Statutes, are redesignated as subsections (10) through (15), respectively, and a new subsection (9) is added to that section, to read:
(8) “High-priority subsurface installation” means 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, if the pipeline is deemed to be critical by the operator of the pipeline and is identified as a high-priority subsurface installation to an excavator who has provided a notice of intent to excavate under to s.
(9) “Permanent marker” means a clearly visible indication of the approximate location of an underground facility which is made of material that is durable in nature and which is reasonably expected to remain in position for the life of the underground facility.
556.105(1), or would have been identified as a high-priority subsurface installation except for the excavator’s failure to give proper notice of intent to excavate.
(9) “Incident” means an event that involves damage to a high-priority subsurface installation that has been identified as such by the operator according to the notification procedures set forth in s.
556.116(1) and that:
1. Results in death or serious bodily injury requiring inpatient hospitalization.
2. Results in property damage, including service restoration costs, in an amount in excess of $50,000 or interruption of service to 2,500 or more customers.
(11) “Permanent marker” means a clearly visible indication of the approximate location of an underground facility which is made of material that is durable in nature and which is reasonably expected to remain in position for the life of the underground facility.
b. Section 556.105(5)(c), relating to excavation practices in tolerance zones.
b.2. Section 556.105(6), relating to the avoidance of excavation.
c.2. Section 556.105(6), relating to the avoidance of excavation.
c.3. Section 556.105(11), relating to the need to stop excavation or demolition because marks are no longer visible, or, in the case of underwater facilities, are inadequately documented.
d.3. Section 556.105(11), relating to the need to stop excavation or demolition because marks are no longer visible, or, in the case of underwater facilities, are inadequately documented.
d.4. Section 556.105(12), relating to the need to cease excavation or demolition activities because of contact or damage to an underground facility.
e.4. Section 556.105(12), relating to the need to cease excavation or demolition activities because of contact or damage to an underground facility.
e.5. Section 556.105(5)(a) and (b), relating to identification of underground facilities, if a member operator does not mark an underground facility, but not if a member operator marks an underground facility incorrectly.
f.5. Section 556.105(5)(a) and (b), relating to identification of underground facilities, if a member operator does not mark an underground facility, but not if a member operator marks an underground facility incorrectly.
f.6. Section 556.109(2), relating to falsely notifying the system of an emergency situation or condition.
g.6. Section 556.109(2), relating to falsely notifying the system of an emergency situation or condition.
g.7. Section 556.114(1), (2), (3), and (4), relating to a failure to follow low-impact marking practices, as defined therein.
h.7. Section 556.114(1), (2), (3), and (4), relating to a failure to follow low-impact marking practices, as defined therein.
2. Violations of the following provisions when related to an underground pipe or other underground facility transporting hazardous materials that are regulated by the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation are noncriminal infractions, subject to enhanced civil penalties under paragraph (c):
2. Violations of the following provisions involving an underground facility transporting hazardous materials that are regulated by the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation are noncriminal infractions, subject to enhanced civil penalties under paragraph (c):
e. Section 556.105(12), relating to the need to cease excavation or demolition activities because of contact or damage to an underground facility.
e. Section 556.105(12), relating to the need to cease excavation or demolition activities because of contact with or damage to an underground facility.
(b) Any excavator or member operator who commits a noncriminal infraction under paragraph (a) may be issued a citation by the State Fire Marshal or agents as provided in ss.
(b) Any excavator or member operator who commits a noncriminal infraction under paragraph (a) may be issued a citation by the State Fire Marshal;
633.114 and 633.116;
If a citation is issued by a state law enforcement officer, a local law enforcement officer, a local government code inspector, or a code enforcement officer, 80 percent of the civil penalty collected by the clerk of the court must shall be distributed to the governmental entity whose employee issued the citation and 20 percent of the penalty must shall be retained by the clerk to cover administrative costs, in addition to any other court costs.
If a citation is issued by the State Fire Marshal;
the fire chief of the special district, municipality, or county;
a state law enforcement officer;, a local law enforcement officer;, a local government code inspector;, or a code enforcement officer, 80 percent of the civil penalty collected by the clerk of the court shall be distributed to the governmental entity whose employee issued the citation and 20 percent of the penalty shall be retained by the clerk to cover administrative costs, in addition to other court costs.
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may be required to pay an enhanced civil penalty of $2,500 plus court costs for each infraction.
may be required to pay an enhanced civil penalty of $2,500 plus 5 percent in addition to any other court costs for each infraction.
If a citation is issued, 80 percent of the civil penalty collected by the clerk of the court must be distributed to the governmental entity whose employee issued the citation and 20 percent must be retained by the clerk in addition to any court costs.
If a citation is issued by the State Fire Marshal;
3. Any person who willfully fails to properly respond to a citation issued under paragraph (b) shall, in addition to the citation, be charged with the offense of failing to respond to the citation and, upon conviction, commits a misdemeanor of the second degree, punishable as provided in s.
the fire chief of the special district, municipality, or county;
a state law enforcement officer;
a local law enforcement officer;
a local government code inspector;
or a code enforcement officer, 100 percent of the civil penalty collected by the clerk of the court shall be distributed to the governmental entity whose employee issued the citation.
The additional 5 percent, plus any additional court costs, is to be retained by the clerk to cover administrative costs.
Any person who willfully fails to properly respond to a citation issued under paragraph (b) shall, in addition to the citation, be charged with the offense of failing to respond to the citation and, upon conviction, commits a misdemeanor of the second degree, punishable as provided in s.
(d) Any person cited for an infraction under paragraph (a) or s.
(d) Any person cited for an infraction under paragraph (a) may post a bond, which must shall be equal in amount to the applicable civil penalty plus any additional court costs.
556.116(2)(c) may post a bond, which must shall be equal in amount to the applicable civil penalty plus any additional court costs.
(e) A person charged with a noncriminal infraction under paragraph (a) may pay the applicable civil penalty plus the additional court costs, by mail or in person, within 30 days after the date of receiving the citation.
(e) A person charged with a noncriminal infraction under paragraph (a) or s.
556.116(2)(c) may pay the applicable civil penalty plus the additional court costs, by mail or in person, within 30 days after the date of receiving the citation.
If the commission of an infraction has been proven, the court may impose a civil penalty not to exceed the applicable civil penalty $5,000 plus court costs for each infraction.
If the commission of an infraction has been proven, the court may impose a civil penalty not to exceed $5,000 plus court costs for each infraction.
(2) REPORT OF INFRACTIONS.—By March 31 of each year, each clerk of court shall submit a report to the State Fire Marshal and Sunshine State One-Call of Florida, Inc., listing each citation issued for a violation notice written under paragraph (1)(a) and s.
(2) REPORT OF INFRACTIONS.—By March 31 of each year, each clerk of court shall submit a report to the State Fire Marshal and Sunshine State One-Call of Florida, Inc., listing each violation notice written under paragraph (1)(a) which has been filed in that county during the preceding calendar year.
556.116(2)(c) which has been filed in that county during the preceding calendar year.
The report must state the name and address of the member or excavator who committed each infraction and indicate whether or not the civil penalty for the infraction was paid.
The report must state the name and address of the member or excavator who committed each infraction, the enforcement authority, the specific statutory infraction, and the type of underground facility related to the infraction and must indicate whether or not the civil penalty for the infraction was paid.
(b) Any person who knowingly and willfully removes or damages a permanent marker placed to identify the approximate location of an underground facility commits a misdemeanor of the second degree, punishable as provided in s.
(b) Any person who knowingly and willfully removes or damages a permanent marker that has been placed to identify the approximate location of an underground facility commits a misdemeanor of the second degree, punishable as provided in s.
(b) “High-priority subsurface installation” means an underground gas transmission or gas distribution pipeline, 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, if the pipeline is deemed to be critical by the operator of the pipeline and is identified as a high-priority subsurface installation to an excavator who has provided a notice of intent to excavate pursuant to s.
(a)(b) “High-priority subsurface installation” means an underground gas transmission or gas distribution pipeline, 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, if the pipeline is deemed to be critical by the operator of the pipeline and is identified as a high-priority subsurface installation to an excavator who has provided a notice of intent to excavate under pursuant to s.
(c) “Incident” means an event that involves damage to a high-priority subsurface installation that has been identified as such by the operator according to the notification procedures set forth in subsection (2) and that:
(b)(c) “Incident” means an event that involves damage to a high-priority subsurface installation that has been identified as such by the operator according to the notification procedures set forth in subsection (2) and that:
(2)(a)(3)(a) An alleged commission of an infraction listed in s.
(3)(a) An alleged commission of an infraction listed in s.
556.107(1) which results in an incident must be reported to the system and the State Fire Marshal by a member operator or an excavator within 24 hours after learning of the alleged occurrence of an incident.
556.107(1) which results in an incident must be reported to the system by a member operator or an excavator within 24 hours after learning of the alleged occurrence of an incident.
(b) Upon receipt of an allegation that an incident has occurred, the member operator or excavator system shall transmit an incident report to the State Fire Marshal, who shall division and contract with the division so that the division may conduct an investigation a hearing to determine whether an incident has occurred, and, if so, whether a violation of s.
(b) Upon receipt of an allegation that an incident has occurred, the system shall transmit an incident report to the State Fire Marshal;
the fire chief of the special district, municipality, or county;
a local or state law enforcement officer;
a government code inspector;
or a code enforcement officer in order to division and contract with the division so that the division may conduct an investigation a hearing to determine whether an incident has occurred, and, if so, whether a violation of s.
The State Fire Marshal may authorize its agents as provided in ss.
The contract for services to be performed by the division must include provisions for the system to reimburse the division for any costs incurred by the division for court reporters, transcript preparation, travel, facility rental, and other customary hearing costs, in the manner set forth in s.
633.114, 633.116, and 633.118 to conduct investigations of incidents The contract for services to be performed by the division must include provisions for the system to reimburse the division for any costs incurred by the division for court reporters, transcript preparation, travel, facility rental, and other customary hearing costs, in the manner set forth in s.
(c) The State Fire Marshal or agents as provided in ss.
(c) The State Fire Marshal;
633.114, 633.116, and 633.118 division has jurisdiction in a proceeding under this section to determine the facts and law concerning an alleged incident.
the fire chief of the special district, municipality, or county;
a local or state law enforcement officer;
a government code inspector;
or a code enforcement officer division has jurisdiction in a proceeding under this section to determine the facts and law concerning an alleged incident.
(e) If an additional civil penalty is imposed by the State Fire Marshal or his or her agents, 5 percent of the civil penalty must be retained by the clerk to cover administrative costs, and the remainder of the civil penalty must be equally distributed between a program created to procure equipment, supplies, and educational training designed to mitigate firefighter exposure to hazardous, cancer-causing chemicals and between the system to be used exclusively for damage-prevention education A fine against an excavator or a member operator imposed under this subsection shall be paid to the system, which shall use the collected fines to satisfy the costs incurred by the system for any proceedings under this section.
(e) If a civil penalty is imposed by the State Fire Marshal;
the fire chief of the special district, municipality, or county;
a local or state law enforcement officer;
a government code inspector;
or a code enforcement officer under this subsection, 95 percent of the civil penalty collected by the clerk of the court shall be distributed to the governmental entity whose employee issued the citation and civil penalty and 5 percent of the civil penalty shall be retained by the clerk to cover administrative costs A fine against an excavator or a member operator imposed under this subsection shall be paid to the system, which shall use the collected fines to satisfy the costs incurred by the system for any proceedings under this section.
(f) Any excavator or member operator who commits a noncriminal infraction under s.
(f) This section does not change the basis for civil liability.
556.116(2)(c) must be provided a written warning at the time a citation is issued stating that any person who willfully fails to properly respond to a citation must, in addition to the citation, be charged with the offense of failing to respond to the citation and, upon conviction, commits a misdemeanor of the second degree, punishable as provided in s.
775.082 or s.
775.083.
(g) This section does not change the basis for civil liability.
402 The final order of the administrative law judge constitutes final agency action subject to judicial review pursuant to s.
376 The final order of the administrative law judge constitutes final agency action subject to judicial review pursuant to s.
Section 4. Section 556.117, Florida Statutes, is created to read:
Section 4. Upon SB 1092, 2020 Regular Session, becoming a law or similar legislation in the same legislative session or an extension thereof being adopted and becoming a law, paragraph (e) of subsection (3) of section 556.116, Florida Statutes, as amended by this act, is amended to read:
556.117 Underground facility damage prevention review.
556.116 High-priority subsurface installations;
Sunshine State One-Call of Florida, Inc., shall review the reports submitted by the clerks of court to the State Fire Marshal and any complaints of alleged violations under this chapter to identify issues or potential issues with damage prevention and enforcement.
special procedures.— (3) (e) If a civil penalty is imposed by the State Fire Marshal;
The corporation shall identify areas in the state where additional education related to damage prevention and enforcement is needed and shall recommend solutions to remedy issues related to damage prevention and enforcement.
the fire chief of the special district, municipality, or county;
The corporation shall, by October 1 of each year, submit to the Governor, the President of the Senate, and the Speaker of the House of Representatives an analysis of its reviews and any recommendations for improving underground facility damage prevention and enforcement.
a local or state law enforcement officer;
Section 5. This act shall take effect July 1, 2020.
a government code inspector;
or a code enforcement officer under this subsection, $2,500 95 percent of the civil penalty collected by the clerk of the court shall be distributed to the governmental entity whose employee issued the citation and civil penalty, and 5 percent of the civil penalty shall be retained by the clerk to cover administrative costs, and the remainder of the civil penalty shall be distributed to the Firefighter Cancer Decontamination Equipment Grant Program created under s.
633.137.
Section 5. Section 556.117, Florida Statutes, is created to read:
556.117 Underground facility damage prevention review panel.— (1) The underground facility damage prevention review panel is established under the Division of State Fire Marshal within the Department of Financial Services to review complaints of an alleged violation under this chapter to identify issues or potential issues with damage prevention and enforcement.
The review panel shall identify areas in the state where additional education related to damage prevention and enforcement is needed and shall recommend solutions to remedy issues related to damage prevention and enforcement.
The review panel shall also review current practices for locating underground pipes or other underground facilities that transport hazardous materials which are regulated by the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation in this state and determine if any statutory changes are needed to make such pipelines or facilities more resilient and safer for communities.
Except as otherwise provided in this section, the review panel shall operate in a manner consistent with s.
20.052.
(2) The review panel shall consist of nine members appointed by the State Fire Marshal and shall include the following:
(a) One member representing the electrical utility industry.
(b) One member representing the telecommunications or cable industry.
(c) One member licensed as an underground utility and excavation contractor under chapter 489 and engaged in work within road or highway rights-of-way.
(d) One member representing the natural gas industry.
(e) One member representing the utility locator industry.
(f) One member representing county or municipal water and sewer service providers.
(g) One member representing excavators performing work unrelated to construction in road or highway rights-of-way, including landscaping, fencing, or plumbing contractors.
(h) One member licensed as an underground utility and excavation contractor under chapter 489 and engaged in work for public utilities.
(i) One member representing the public at large.
(3) The State Fire Marshal shall establish a process to receive applications for the purpose of appointing members to the review panel.
(4) Each member shall serve for a 2-year term.
A member may not serve more than two consecutive 2-year terms, except that members listed in paragraphs (2)(a)-(e) shall initially serve a 1-year term and those members listed in paragraphs (2)(f)-(i) shall serve a 2-year term.
All subsequent appointments shall be for 2-year terms.
A vacancy for an unexpired term of a member shall be filled in the same manner as the original appointment.
The review panel shall elect from among its members a chair and vice chair and meet quarterly in conjunction with the meeting of the board of directors or at the call of the chair.
(5) The Division of State Fire Marshal shall provide staff support and meeting space to the review panel.
Members of the panel shall serve without compensation and are not entitled to reimbursement for per diem or travel expenses.
Section 6. This act shall take effect July 1, 2020.
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Action History

  1. Laid on Table, refer to CS/CS/HB 1095

  2. Substituted CS/CS/HB 1095

  3. Read 2nd time

  4. Placed on Special Order Calendar, 03/09/20

  5. CS/CS/CS by Rules read 1st time

  6. Placed on Calendar, on 2nd reading

  7. Pending reference review -under Rule 4.7(2) - (Committee Substitute)

  8. CS/CS/CS by- Rules; YEAS 17 NAYS 0

  9. On Committee agenda-- Rules, 02/26/20, 9:00 am, 110 Senate Building

  10. CS/CS by Banking and Insurance read 1st time

  11. Now in Rules

  12. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  13. CS/CS by Banking and Insurance; YEAS 7 NAYS 0

  14. On Committee agenda-- Banking and Insurance, 02/11/20, 2:00 pm, 412 Knott Building

  15. Now in Banking and Insurance

  16. CS by Infrastructure and Security read 1st time

  17. Pending reference review under Rule 4.7(2) - (Committee Substitute)

  18. CS by Infrastructure and Security; YEAS 7 NAYS 0

  19. On Committee agenda-- Infrastructure and Security, 01/27/20, 4:00 pm, 110 Senate Building

  20. Introduced

  21. Referred to Infrastructure and Security; Banking and Insurance; Rules

  22. Filed

Sponsors

  • Flores · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 163 not signed on

Sponsors (1)

  • Flores

Co-sponsors (0)

None.

Not signed on (163)

163 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Favorable with Committee Substitute

Passed 17 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 14000
Republican 3000
Total 17000
% of votes cast 100%0%0%0%
How each member voted (17)
Member Party Vote
Book — Yea
Brandes — Yea
Braynon — Yea
Farmer — Yea
Flores — Yea
Hutson — Yea
Lee — Yea
Montford — Yea
Simmons — Yea
Simpson — Yea
Stargel — Yea
Thurston — Yea
Gibson — Yea
Benacquisto — Yea
Bradley, Jennifer Republican Yea
Passidomo, Kathleen Republican Yea
Rodriguez, Ana Maria Republican Yea

Official roll call →

Favorable with Committee Substitute

Passed 7 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6001
Republican 1000
Total 7001
% of votes cast 88%0%0%13%
How each member voted (8)
Member Party Vote
Bean — Yea
Cruz — Yea
Stewart — Yea
Taddeo — Yea
Perry — Yea
Lee — Yea
Hutson — Not Voting
Hooper, Ed Republican Yea

Official roll call →

Subjects

public-safety environment transportation
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1464 do?
Underground Facility Damage Prevention and Safety; Revising and providing noncriminal violations relating to the transportation of certain hazardous materials; requiring certain persons to transmit an incident report to the State Fire Marshal; providing that certain incident reports must be investigated by the State Fire Marshal or his or her agents; requiring Sunshine State One-Call of Florida, Inc., to review certain reports and complaints, etc.
Who sponsors SB 1464?
SB 1464 is sponsored by Flores.
What is the current status of SB 1464?
This bill died with 2020 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 1464?
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