Infrastructure Regulation
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HB 1095 — Infrastructure Regulation
Last action — Chapter No. 2020-137
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed House
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✓Passed Senate
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 06, 2020. Enacted.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Cleared a recorded vote
Passed 6 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Infrastructure Regulation; Providing term limits for the Public Counsel; revising and 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; requiring certain persons to transmit an incident report to the State Fire Marshal; requiring Sunshine State One-Call of Florida, Inc., to review certain reports and complaints, etc.
Bill Text
What changed in the latest version
467 added · 480 removed467 line(s) added, 480 removed.
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 CS/CS/HBCS/HB 1095 2020 A bill to be entitled An act relating to underground facility damage prevention and safety;
556.102, F.S.;
providing definitions;
amending s.
revising and providing noncriminal violations relating to the transportation of certain hazardous materials;
authorizing the State Fire Marshal or hislocal orfire herchief agents to issue certain citations;
providing requirements for the report;
providing civil penalties;
deletingproviding definitions;that certain incident reports must be submitted to, and investigated by, the State Fire Marshal, local fire chief, local or state law enforcement officer, government code inspector, or code enforcement officer;
requiringauthorizing certainthe personsState toFire transmitMarshal, anlocal incidentfire reportchief, or any local or state law enforcement officer, government code inspector, or code enforcement officer to theissue Statecitations Fireand Marshal;civil penalties;
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 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;
requiringcreating Sunshinean Stateunderground One-Callfacility ofdamage Pageprevention 1review ofpanel; 18 CODING:
providing duties and membership of the review panel;
specifying the term limits of the review panel;
requiring the State Fire Marshal to provide support to Page 1 of 17 CODING:
hb1095-02-c2hb1095-01-c1 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 CS/CS/HBCS/HB 1095 2020 Florida,the Inc., to review certainpanel; reports and complaints;
requiringproviding thethat corporationmembers toof identify areas in the statepanel inserve needwithout ofreimbursement additionalor educationcompensation; and to recommend solutions;
requiring an annual report to the Governor and the Legislature by a specified date;
Subsections (8) and (9) through (14) of section 556.102, Florida Statutes, are renumbered as subsections (10) and (12) through (17), respectively, and new subsections (8), (9), and (11) are added to that section, to read:
556.102 Definitions.—As used in this act:
(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.
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 Page 2 of 18 CODING:
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words underlined are additions.
hb1095-02-c2 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 CS/CS/HB 1095 2020 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 an 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.
Section 2.
b.b.2.
Section 556.105(5)(c), relating to excavation practices in tolerance zones.
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words underlined are additions.
hb1095-02-c2 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 CS/CS/HB 1095 2020 c.2.
d.3.c.3.
e.4.d.4.
f.5.e.5.
Section 556.105(5)(a) and (b), relating to identification of underground facilities, if a member operator doesPage not2 markof an17 undergroundCODING: facility, but not if a member operator marks an underground facility incorrectly.
g.6.Words stricken are deletions;
words underlined are additions.
hb1095-01-c1 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 CS/HB 1095 2020 does not mark an underground facility, but not if a member operator marks an underground facility incorrectly.
f.6.
h.7.g.7.
Violations of the following provisions involvingwhen 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):
Section 556.105(1), relating to providing required Pageinformation. 4 of 18 CODING:
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words underlined are additions.
hb1095-02-c2 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 CS/CS/HB 1095 2020 information.
Section 556.105(11), relating to the need to stop excavation or demolition because certain marks are removed, no longer visible,visible or are inadequately documented.
(b)Page Any3 excavatorof or17 memberCODING: operator who commits a noncriminal infraction under paragraph (a) may be issued a citation by the State Fire Marshal or his or her agents as provided in ss.
633.114Words andstricken 633.116;are deletions;
words underlined are additions.
hb1095-01-c1 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 CS/HB 1095 2020 (b) Any excavator or member operator who commits a noncriminal infraction under paragraph (a) may be issued a citation by the State Fire Marshal;
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hb1095-02-c2 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 CS/CS/HB 1095 2020 (c)1.
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 civilState penaltyFire collectedMarshal; 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.
Any person who fails to properly respond to a citation issued pursuant to paragraph (b) shall, in addition to the citation,fire bechief charged with the offense of failing to respond to the citationspecial and,district, uponmunicipality, conviction,or commitscounty; a misdemeanor of the second degree, punishable as provided in s.
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 Page 4 of 17 CODING:
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hb1095-01-c1 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 CS/HB 1095 2020 to other court costs.
Any person who fails to properly respond to a citation issued under pursuant to 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.
A written warning to this effect must be provided at the time any citation is issued under pursuant to paragraph (b).
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 clerkState inFire PageMarshal; 6 of 18 CODING:
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 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.
775.082 or s.
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hb1095-02-c2hb1095-01-c1 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 CS/CS/HBCS/HB 1095 2020 addition775.083. to any court costs.
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.
775.082 or s.
775.083.
(d) Any person cited for an infraction under paragraph (a) ormay s.post a bond, which must shall be equal in amount to the applicable civil penalty plus any additional court costs.
556.116(2)(c)(e) mayA postperson acharged bond,with whicha mustnoncriminal shallinfraction beunder equalparagraph in(a) amountmay topay the applicable civil penalty plus anythe additional court costs.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.
A person who elects to have a hearing waives and if so electing is deemed to have waived the limitations on the civil penalties Pagepenalty 7specified ofin 18paragraph CODING:(c).
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words underlined are additions.
hb1095-02-c2 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 CS/CS/HB 1095 2020 penalty specified in paragraph (c).
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.
(g)Page At6 a court hearing under this chapter, the commission of a17 chargedCODING: infraction must be proven by a preponderance of the evidence.
Words stricken are deletions;
words underlined are additions.
hb1095-01-c1 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 CS/HB 1095 2020 (g) At a court hearing under this chapter, the commission of a charged infraction must be proven by a preponderance of the evidence.
(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 Pageviolation 8notice ofwritten 18under CODING:paragraph (1)(a) 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.
(3) MISDEMEANORS.—Any person who knowingly and willfully removes or otherwise destroys the valid stakes or other valid Page 7 of 17 CODING:
hb1095-02-c2hb1095-01-c1 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 CS/CS/HBCS/HB 1095 2020 citationphysical issuedmarkings fordescribed ain violation notice written under paragraph (1)(a) and s.
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, 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.
(3) MISDEMEANORS.— (a) Any person who knowingly and willfully removes or otherwise destroys the valid stakes or other valid physical markings described in s.
(b)Section Any2. 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.
775.082 or s.
775.083.
Section 3.
Page556.116 9High-priority ofsubsurface 18installations; CODING:
Words stricken are deletions;
words underlined are additions.
hb1095-02-c2 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 CS/CS/HB 1095 2020 556.116 High-priority subsurface installations;
(b)(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.
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.Page 8 of 17 CODING:
(c)Words "Incident"stricken meansare andeletions; 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:
words underlined are additions.
hb1095-01-c1 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 CS/HB 1095 2020 excavate.
(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:
Results in property damage, including service- restoration costs, in an amount in excess of $50,000 or Pageinterruption 10 of 18service CODING:to 2,500 or more customers.
Words(2) strickenWhen arean deletions;excavator proposes to excavate or demolish within 15 feet of the horizontal route of an underground facility that has been identified as a high-priority subsurface installation by the operator of the facility, the operator shall, in addition to identifying the horizontal route of its facility as set forth in s.
words underlined are additions.
hb1095-02-c2 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 CS/CS/HB 1095 2020 interruption of service to 2,500 or more customers.
(1)(2) When an excavator proposes to excavate or demolish within 15 feet of the horizontal route of an underground facility that has been identified as a high-priority subsurface installation by the operator of the facility, the operator shall, in addition to identifying the horizontal route of its facility as set forth in s.
556.105(9)(a), to excavate without notifyingPage the9 member operator of the17 excavationCODING: start date and time.
The exemptions stated in s.
556.108 apply to the notification requirements in this subsection.
(2)(a)(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.
(b) Upon receipt of an allegation that an incident has Page 11 of 18 CODING:
hb1095-02-c2hb1095-01-c1 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 CS/CS/HBCS/HB 1095 2020 occurred,notifying the member operator orof excavator system shall transmit an incident report to the Stateexcavation Firestart Marshaldate who shall division and contracttime. 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 exemptions stated in s.
556.108 apply to the notification requirements in this subsection.
(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 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 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 Statecontract Firefor Marshalservices mayto authorizebe hisperformed orby herthe agents,division asmust providedinclude 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 ss.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 MarshalMarshal; or his or her agents as provided in ss.
633.114,the 633.116,fire andchief 633.118of division has jurisdiction in a proceeding under this section to determine the factsspecial anddistrict, lawmunicipality, concerningor ancounty; alleged incident.
a local or state law enforcement officer;
a government code inspector;
or a code Page 10 of 17 CODING:
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hb1095-01-c1 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 CS/HB 1095 2020 enforcement officer division has jurisdiction in a proceeding under this section to determine the facts and law concerning an alleged incident.
Page(d) 12The civil penalty A fine imposed under this subsection by the division is in addition to any amount payable as a result of 18a CODING:citation relating to the incident under s.
Words stricken are deletions;
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hb1095-02-c2 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 CS/CS/HB 1095 2020 (d) The civil penalty A fine imposed under this subsection by the division is in addition to any amount payable as a result of a citation relating to the incident under s.
(e) If ana additional civil penalty is imposed by the State Fire MarshalMarshal; 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 distributed equally between the system and the State Fire Marshal.
The portion of the civilfire penaltychief distributedof to the systemspecial mustdistrict, bemunicipality, usedor exclusivelycounty; to fund damage-prevention education.
Thea portionlocal of the civil penalty distributed to the State Fire Marshal must be used exclusively to fund programs created within the State Fire Marshal's office that provide need-based financial assistance to help fire departments, including volunteer fire departments, procure equipment, supplies, and educational training designed to mitigate firefighter exposure to hazardous, cancer-causing chemicals A fine against an excavator or astate memberlaw operatorenforcement imposedofficer; 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.
Toa thegovernment extentcode thereinspector; are any funds remaining, the system may use the funds exclusively for damage-prevention education.
(f)or Anya 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 whoimposed commitsunder athis noncriminalsubsection infractionshall be paid to the system, which shall use the collected fines to satisfy the costs incurred by the system for any proceedings under s.this section.
556.116(2)(c)To mustthe beextent providedthere aare any funds remaining, the system Page 1311 of 1817 CODING:
hb1095-02-c2hb1095-01-c1 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 CS/CS/HBCS/HB 1095 2020 writtenmay warninguse at the timefunds aexclusively citationfor isdamage-prevention issuededucation. stating that any person who willfully fails to properly respond to a citation will be charged, in addition to the citation, with the offense of failing to respond to the citation and, if convicted, commits a misdemeanor of the second degree, punishable as provided in s.
775.082(f) orThis s.section does not change the basis for civil liability.
775.083.
(g) This section does not change the basis for civil liability.
A Pageperson 14who ofhas 18a CODING:substantial interest in the proceeding may intervene.
Words stricken are deletions;
words underlined are additions.
hb1095-02-c2 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 CS/CS/HB 1095 2020 person who has a substantial interest in the proceeding may intervene.
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hb1095-01-c1 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 CS/HB 1095 2020 2.
(d) All parties shall have an opportunity to respond, to Pagepresent 15evidence ofand 18argument CODING:on all issues involved, to conduct cross-examination and submit rebuttal evidence, and to be represented by counsel or other qualified representative.
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hb1095-02-c2 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 CS/CS/HB 1095 2020 present evidence and argument on all issues involved, to conduct cross-examination and submit rebuttal evidence, and to be represented by counsel or other qualified representative.
All notices, pleadings, motions, and intermediate rulings.Page 13 of 17 CODING:
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hb1095-01-c1 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 CS/HB 1095 2020 rulings.
In determining whether a party has Pagecommitted 16an infraction of 18s. CODING:
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hb1095-02-c2 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 CS/CS/HB 1095 2020 committed an infraction of s.
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hb1095-01-c1 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 CS/HB 1095 2020 4.
Section 4.3.
556.117 Underground facility damage prevention review.—review Sunshinepanel.— State(1) One-CallThe ofunderground Florida,facility Inc.,damage shallprevention review thepanel reportsis submittedestablished byunder the clerksDivision of courtState toFire Marshal within the StateDepartment Fireof MarshalFinancial andServices anyto review complaints of an alleged violation under this chapter to identify issues or potential issues with damage prevention and enforcement.
The corporationreview 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 corporationreview shall,panel byshall Octoberalso 1review ofcurrent eachpractices year,for submitlocating tounderground thepipes Governor,or theother Presidentunderground offacilities that transport hazardous materials which are regulated by the Senate,Pipeline and theHazardous SpeakerMaterials Safety Administration of the HouseUnited States Department of RepresentativesTransportation anin analysisthe ofstate itsand determine if any statutory changes are needed to make such pipelines or facilities more resilient and safer Page 1715 of 1817 CODING:
hb1095-02-c2hb1095-01-c1 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 CS/CS/HBCS/HB 1095 2020 reviews and any recommendations for improvingcommunities. underground facility damage prevention and enforcement.
SectionExcept 5.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 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 board of directors shall establish a process to Page 16 of 17 CODING:
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hb1095-01-c1 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 CS/HB 1095 2020 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 4.
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hb1095-02-c2hb1095-01-c1
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AI-generated reading aid from the bill's amendatory text — verify against the official bill.
The bill adds term limits for the Public Counsel, revises definitions and penalties related to hazardous material violations, and modifies the process for appointing the Public Counsel.
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350.061
The Public Counsel shall be appointed for a term of 4 years, and may be reappointed thereafter, provided that a person appointed as the Public Counsel may not serve more than 12 consecutive years in the position.→ The Public Counsel shall be appointed for a term of 4 years, and may be reappointed thereafter, provided that a person appointed as the Public Counsel may not serve more than 12 consecutive years in the position. However, the time served by the Public Counsel before July 1, 2020, may not be considered in applying the limitation on consecutive years of service.This change establishes term limits for the Public Counsel while excluding time served before a specified date from this limit.
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556.102
"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. 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.
This change provides a definition for high-priority subsurface installations, enhancing safety regulations concerning these underground structures.
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556.107
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):→ 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):This change clarifies the regulations surrounding violations of hazardous material transport and the associated penalties.
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556.107
A written warning to this effect must be provided at the time any citation is issued pursuant to paragraph (b).→ A written warning to this effect must be provided at the time any citation is issued pursuant to paragraph (b).This change mandates that a written warning be issued alongside specific citations related to hazardous material violations, ensuring that violators are informed of the potential consequences.
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556.116
The State Fire Marshal or his or her agents may issue citations and civil penalties regarding hazardous material violations.
This change authorizes the State Fire Marshal to issue citations and civil penalties for violations concerning hazardous materials, enhancing enforcement capabilities.
Action History
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Chapter No. 2020-137
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Approved by Governor
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Signed by Officers and presented to Governor
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Ordered engrossed, then enrolled
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CS passed as amended; YEAS 115 NAYS 0
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Concurred in 1 amendment(s) (881186)
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In returning messages
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CS passed as amended; YEAS 37 NAYS 1
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Read 3rd time
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Placed on 3rd reading
-
Amendment(s) adopted (881186)
-
Read 2nd time
-
Received
-
Substituted for CS/CS/CS/SB 1464
-
Placed on Calendar, on 2nd reading
-
Withdrawn from Infrastructure and Security; Banking and Insurance; Rules
-
Referred to Infrastructure and Security; Banking and Insurance; Rules
-
In Messages
-
CS passed as amended; YEAS 118 NAYS 0
-
Read 3rd time
-
Placed on 3rd reading
-
Amendment(s) adopted (863647)
-
Read 2nd time
-
Placed on Special Order Calendar, 03/06/20
-
CS/CS by Commerce Committee read 1st time
-
Placed on Calendar
-
Pending review of CS -under Rule 7.18(c)
-
CS/CS by- Commerce Committee; YEAS 23 NAYS 0
-
On Committee agenda-- Commerce Committee, 02/20/20, 9:00 am, Webster Hall
-
Now in Commerce Committee
-
Favorable by Government Operations and Technology Appropriations Subcommittee; YEAS 11 NAYS 0
-
On Committee agenda-- Government Operations and Technology Appropriations Subcommittee, 01/28/20, 12:00 pm, Morris Hall
-
CS by Energy and Utilities Subcommittee read 1st time
-
Now in Government Operations and Technology Appropriations Subcommittee
-
Pending review of CS under Rule 7.18(c)
-
CS by Energy and Utilities Subcommittee; YEAS 14 NAYS 0
-
On Committee agenda-- Energy and Utilities Subcommittee, 01/21/20, 10:00 am, Webster Hall
-
Introduced
-
Referred to Energy and Utilities Subcommittee; Government Operations and Technology Appropriations Subcommittee; Commerce Committee
-
Filed
Sponsors
- Fitzenhagen · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 163 not signed on
Sponsors (1)
- Fitzenhagen
Co-sponsors (0)
None.
Not signed on (163)
163 members have not signed on to this bill.
Show all 163 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 77 | 0 | 0 | 4 |
| Republican | 27 | 0 | 0 | 0 |
| Democrat | 11 | 0 | 0 | 1 |
| Total | 115 | 0 | 0 | 5 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Alexander | — | Yea |
| Goff-Marcil | — | Yea |
| Aloupis | — | Yea |
| Good | — | Yea |
| Polo | — | Yea |
| Altman | — | Yea |
| Ponder | — | Yea |
| Grant, J. | — | Yea |
| Pritchett | — | Yea |
| Ausley | — | Yea |
| Grant, M. | — | Yea |
| Raschein | — | Yea |
| Renner | — | Yea |
| Bell | — | Yea |
| Grieco | — | Yea |
| Roach | — | Yea |
| Beltran | — | Yea |
| Hage | — | Yea |
| Robinson | — | Yea |
| Hart | — | Yea |
| Rodrigues, R. | — | Yea |
| Brown | — | Yea |
| Hattersley | — | Yea |
| Hill | — | Yea |
| Rommel | — | Yea |
| Bush | — | Yea |
| Ingoglia | — | Yea |
| Roth | — | Yea |
| Byrd | — | Yea |
| Sabatini | — | Yea |
| Caruso | — | Yea |
| Santiago | — | Yea |
| Casello | — | Yea |
| Jenne | — | Yea |
| Clemons | — | Yea |
| Silvers | — | Yea |
| Cortes | — | Yea |
| Cummings | — | Yea |
| Killebrew | — | Yea |
| Slosberg | — | Yea |
| Latvala | — | Yea |
| Sprowls | — | Yea |
| Diamond | — | Yea |
| Magar | — | Yea |
| Stevenson | — | Yea |
| Stone | — | Yea |
| Drake | — | Yea |
| Mariano | — | Yea |
| Sullivan | — | Yea |
| DuBose | — | Yea |
| Toledo | — | Yea |
| Tomkow | — | Yea |
| Duran | — | Yea |
| McGhee | — | Yea |
| Eagle | — | Yea |
| Valdes | — | Yea |
| Newton | — | Yea |
| Watson, B. | — | Yea |
| Fernandez | — | Yea |
| Oliva | — | Yea |
| Watson, C. | — | Yea |
| Fernandez-Barquin | — | Yea |
| Omphroy | — | Yea |
| Webb | — | Yea |
| Fetterhoff | — | Yea |
| Willhite | — | Yea |
| Fine | — | Yea |
| Payne | — | Yea |
| Williams | — | Yea |
| Fischer | — | Yea |
| Williamson | — | Yea |
| Fitzenhagen | — | Yea |
| Pigman | — | Yea |
| Geller | — | Yea |
| Zika | — | Yea |
| Jacobs | — | Not Voting |
| Jacquet | — | Not Voting |
| Donalds | — | Not Voting |
| Mercado | — | Not Voting |
| La Rosa | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| Daley, Dan | Democrat | Yea |
| Daniels, Kimberly | Democrat | Not Voting |
| Davis, Tracie | Democrat | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Joseph, Dotie | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Yea |
| Smith, Carlos Guillermo | Democrat | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Johnson, Chad | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Shoaf, Jason | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
| Smith, David | Republican | Yea |
| Stark, Paula A. | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Vacant | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 9 | 0 | 0 | 0 |
| Unaffiliated | 25 | 1 | 0 | 2 |
| Democrat | 2 | 0 | 0 | 0 |
| No Party Affiliation | 1 | 0 | 0 | 0 |
| Total | 37 | 1 | 0 | 2 |
| % of votes cast | 93% | 3% | 0% | 5% |
How each member voted (40)
| Member | Party | Vote |
|---|---|---|
| Flores | — | Yea |
| Rader | — | Yea |
| Baxley | — | Yea |
| Gainer | — | Yea |
| Bean | — | Yea |
| Gibson | — | Yea |
| Benacquisto | — | Yea |
| Simmons | — | Yea |
| Simpson | — | Yea |
| Book | — | Yea |
| Stargel | — | Yea |
| Bracy | — | Yea |
| Hutson | — | Yea |
| Stewart | — | Yea |
| Lee | — | Nay |
| Taddeo | — | Yea |
| Brandes | — | Yea |
| Thurston | — | Yea |
| Braynon | — | Yea |
| Montford | — | Yea |
| Torres | — | Yea |
| Broxson | — | Yea |
| Cruz | — | Yea |
| Perry | — | Yea |
| Diaz | — | Yea |
| Powell | — | Yea |
| President Galvano | — | Not Voting |
| Farmer | — | Not Voting |
| Berman, Lori | Democrat | Yea |
| Rouson, Darryl Ervin | Democrat | Yea |
| Pizzo, Jason W. B. | No Party Affiliation | Yea |
| Albritton, Ben | Republican | Yea |
| Bradley, Jennifer | Republican | Yea |
| Gruters, Joe | Republican | Yea |
| Harrell, Gayle | Republican | Yea |
| Hooper, Ed | Republican | Yea |
| Mayfield, Debbie | Republican | Yea |
| Passidomo, Kathleen | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Wright, Tom A. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 27 | 0 | 0 | 0 |
| Democrat | 11 | 0 | 0 | 1 |
| Unaffiliated | 80 | 0 | 0 | 1 |
| Total | 118 | 0 | 0 | 2 |
| % of votes cast | 98% | 0% | 0% | 2% |
How each member voted (120)
| Member | Party | Vote |
|---|---|---|
| Renner | — | Yea |
| Bell | — | Yea |
| Grieco | — | Yea |
| Roach | — | Yea |
| Beltran | — | Yea |
| Hage | — | Yea |
| Robinson | — | Yea |
| Hart | — | Yea |
| Tomkow | — | Yea |
| Duran | — | Yea |
| McGhee | — | Yea |
| Eagle | — | Yea |
| Mercado | — | Yea |
| Valdes | — | Yea |
| Newton | — | Yea |
| Watson, B. | — | Yea |
| Fernandez | — | Yea |
| Oliva | — | Yea |
| Watson, C. | — | Yea |
| Fernandez-Barquin | — | Yea |
| Omphroy | — | Yea |
| Webb | — | Yea |
| Fetterhoff | — | Yea |
| Willhite | — | Yea |
| Fine | — | Yea |
| Payne | — | Yea |
| Williams | — | Yea |
| Fischer | — | Yea |
| Williamson | — | Yea |
| Fitzenhagen | — | Yea |
| Pigman | — | Yea |
| Geller | — | Yea |
| Zika | — | Yea |
| Jacobs | — | Not Voting |
| Grant, J. | — | Yea |
| Pritchett | — | Yea |
| Ausley | — | Yea |
| Grant, M. | — | Yea |
| Raschein | — | Yea |
| Rodrigues, R. | — | Yea |
| Brown | — | Yea |
| Hattersley | — | Yea |
| Hill | — | Yea |
| Rommel | — | Yea |
| Bush | — | Yea |
| Ingoglia | — | Yea |
| Roth | — | Yea |
| Byrd | — | Yea |
| Sabatini | — | Yea |
| Caruso | — | Yea |
| Jacquet | — | Yea |
| Santiago | — | Yea |
| Casello | — | Yea |
| Jenne | — | Yea |
| Clemons | — | Yea |
| Silvers | — | Yea |
| Cortes | — | Yea |
| Cummings | — | Yea |
| Killebrew | — | Yea |
| Slosberg | — | Yea |
| Latvala | — | Yea |
| Sprowls | — | Yea |
| Diamond | — | Yea |
| Magar | — | Yea |
| Stevenson | — | Yea |
| Donalds | — | Yea |
| Stone | — | Yea |
| Drake | — | Yea |
| Mariano | — | Yea |
| Sullivan | — | Yea |
| DuBose | — | Yea |
| Toledo | — | Yea |
| Alexander | — | Yea |
| Goff-Marcil | — | Yea |
| Aloupis | — | Yea |
| Good | — | Yea |
| Polo | — | Yea |
| Altman | — | Yea |
| Ponder | — | Yea |
| La Rosa | — | Yea |
| Thompson, Geraldine F. "Geri" | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| Daley, Dan | Democrat | Yea |
| Daniels, Kimberly | Democrat | Yea |
| Davis, Tracie | Democrat | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Eskamani, Dr. Anna V. | Democrat | Yea |
| Gottlieb, Michael "Mike" | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Jones, Shevrin D. "Shev" | Democrat | Yea |
| Joseph, Dotie | Democrat | Yea |
| Polsky, Tina Scott | Democrat | Not Voting |
| Smith, Carlos Guillermo | Democrat | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Brannan III, Robert Charles "Chuck" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Burton, Colleen | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Grall, Erin | Republican | Yea |
| Johnson, Chad | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Leek, Thomas J. "Tom" | Republican | Yea |
| Maggard, Randall Scott "Randy" | Republican | Yea |
| Massullo, Ralph E., Jr. | Republican | Yea |
| McClain, Stan | Republican | Yea |
| McClure, Lawrence | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Perez, Daniel | Republican | Yea |
| Plakon, Rachel Saunders | Republican | Yea |
| Plasencia, Susan | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Rodriguez, Ana Maria | Republican | Yea |
| Shoaf, Jason | Republican | Yea |
| Sirois, Tyler I. | Republican | Yea |
| Smith, David | Republican | Yea |
| Stark, Paula A. | Republican | Yea |
| Trumbull, Jay | Republican | Yea |
| Vacant | Republican | Yea |
| Yarborough, Clay | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 4 | 0 | 0 | 1 |
| Unaffiliated | 19 | 0 | 0 | 0 |
| Total | 23 | 0 | 0 | 1 |
| % of votes cast | 96% | 0% | 0% | 4% |
How each member voted (24)
| Member | Party | Vote |
|---|---|---|
| Ausley | — | Yea |
| Casello | — | Yea |
| Donalds | — | Yea |
| Eagle | — | Yea |
| Fernández | — | Yea |
| Fischer | — | Yea |
| Fitzenhagen | — | Yea |
| Hage | — | Yea |
| Jacquet | — | Yea |
| Jenne | — | Yea |
| Robinson | — | Yea |
| Rodrigues, R. | — | Yea |
| Sabatini | — | Yea |
| Santiago | — | Yea |
| Silvers | — | Yea |
| Stone | — | Yea |
| Willhite | — | Yea |
| Williamson | — | Yea |
| La Rosa | — | Yea |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| Buchanan, James | Republican | Yea |
| Overdorf, Tobin Rogers "Toby" | Republican | Yea |
| Plasencia, Susan | Republican | Not Voting |
| Stark, Paula A. | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Republican | 5 | 0 | 0 | 0 |
| Democrat | 1 | 0 | 0 | 1 |
| Unaffiliated | 5 | 0 | 0 | 0 |
| Total | 11 | 0 | 0 | 1 |
| % of votes cast | 92% | 0% | 0% | 8% |
How each member voted (12)
| Member | Party | Vote |
|---|---|---|
| Brown | — | Yea |
| Cortes, J. | — | Yea |
| Sabatini | — | Yea |
| Toledo | — | Yea |
| Williamson | — | Yea |
| Antone, Bruce Hadley | Democrat | Yea |
| Daniels, Kimberly | Democrat | Not Voting |
| Andrade, Robert Alexander "Alex" | Republican | Yea |
| DiCeglie, Nick | Republican | Yea |
| Duggan, Wyman | Republican | Yea |
| Grall, Erin | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Democrat | 3 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 14 | 0 | 0 | 1 |
| % of votes cast | 93% | 0% | 0% | 7% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Aloupis | — | Yea |
| Caruso | — | Yea |
| Fischer | — | Yea |
| Hart | — | Yea |
| Jacquet | — | Not Voting |
| Ponder | — | Yea |
| Santiago | — | Yea |
| Stone | — | Yea |
| Williamson | — | Yea |
| Driskell, Fentrice | Democrat | Yea |
| Gregory, Emily | Democrat | Yea |
| Joseph, Dotie | Democrat | Yea |
| Grall, Erin | Republican | Yea |
| Johnson, Chad | Republican | Yea |
| LaMarca, Chip | Republican | Yea |
Subjects
Frequently asked questions
- What does HB 1095 do?
- Infrastructure Regulation; Providing term limits for the Public Counsel; revising and 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; requiring certain persons to transmit an incident report to the State Fire Marshal; requiring Sunshine State One-Call of Florida, Inc., to review certain reports and complaints, etc.
- Who sponsors HB 1095?
- HB 1095 is sponsored by Fitzenhagen.
- What is the current status of HB 1095?
- This bill has been enacted into law. Introduced January 06, 2020. Enacted.
- Where can I track HB 1095?
- Track HB 1095 free on One Click Politics — get push/email alerts when it moves.
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