Bill Amendment: FL S1132 | 2013 | Regular Session
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: Department of Transportation
Status: 2013-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/HB 85 (Ch. 2013-223), CS/CS/HB 7125 (Ch. 2013-160) [S1132 Detail]
Download: Florida-2013-S1132-Transportation_Committee_Amendment_224268.html
Bill Title: Department of Transportation
Status: 2013-04-30 - Laid on Table, companion bill(s) passed, see CS/CS/HB 85 (Ch. 2013-223), CS/CS/HB 7125 (Ch. 2013-160) [S1132 Detail]
Download: Florida-2013-S1132-Transportation_Committee_Amendment_224268.html
Florida Senate - 2013 COMMITTEE AMENDMENT Bill No. SB 1132 Barcode 224268 LEGISLATIVE ACTION Senate . House Comm: WD . 03/07/2013 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Transportation (Evers) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Between lines 833 and 834 4 insert: 5 Section 14. Paragraph (a) of subsection (1) of section 6 377.401, Florida Statutes, is amended to read: 7 337.401 Use of right-of-way for utilities subject to 8 regulation; permit; fees.— 9 (1)(a) The department and local governmental entities, 10 referred to in ss. 337.401-337.404 as the “authority,” that have 11 jurisdiction and control of public roads or publicly owned rail 12 corridors mayare authorized toprescribe and enforce reasonable 13 rules or regulations with reference to the placing and 14 maintaining within the right-of-way limits ofalong, across, or15onany public road or publicly owned rail corridors under their 16 respective jurisdictions any electric transmission, telephone, 17 telegraph, or other communications services lines; pole lines; 18 poles; railways; ditches; sewers; water, heat, or gas mains; 19 pipelines; fences; gasoline tanks and pumps; or other structures 20 referred to in this section as the “utility.” The department may 21 enter into a permit-delegation agreement with a governmental 22 entity if issuance of a permit is based on requirements that the 23 department finds will ensure the safety and integrity of 24 facilities of the Department of Transportation; however, the 25 permit-delegation agreement does not apply to facilities of 26 electric utilities as defined in s. 366.02(2). 27 Section 15. Subsection (1) of section 377.403, Florida 28 Statutes, is amended to read: 29 337.403 Interference caused by relocation of utility; 30 expenses.— 31 (1) If a utility that is placed within the right-of-way 32 limits ofupon, under, over, or alongany public road or 33 publicly owned rail corridor is found by the authority to be 34 unreasonably interfering in any way with the convenient, safe, 35 or continuous use, or the maintenance, improvement, extension, 36 or expansion, of such public road or publicly owned rail 37 corridor, the utility owner shall, upon 30 days’ written notice 38 to the utility or its agent by the authority, initiate the work 39 necessary to alleviate the interference at its own expense 40 except as provided in paragraphs (a)-(h)(a)-(g). The work must 41 be completed within such reasonable time as stated in the notice 42 or such time as agreed to by the authority and the utility 43 owner. 44 (a) If the relocation of utility facilities, as referred to 45 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 46 627 of the 84th Congress, is necessitated by the construction of 47 a project on the federal-aid interstate system, including 48 extensions thereof within urban areas, and the cost of the 49 project is eligible and approved for reimbursement by the 50 Federal Government to the extent of 90 percent or more under the 51 Federal Aid Highway Act, or any amendment thereof, thenin that52eventthe utility owning or operating such facilities shall 53 perform any necessary work upon notice from the department, and 54 the state shall pay the entire expense properly attributable to 55 such work after deducting from the paymenttherefromany 56 increase in the value of a new facility and any salvage value 57 derived from an old facility. 58 (b) When a joint agreement between the department and the 59 utility is executed for utility work to be accomplished as part 60 of a contract for construction of a transportation facility, the 61 department may participate in those utility work costs that 62 exceed the department’s official estimate of the cost of the 63 work by more than 10 percent. The amount of such participation 64 shall be limited to the difference between the official estimate 65 of all the work in the joint agreement plus 10 percent and the 66 amount awarded for this work in the construction contract for 67 such work. The department may not participate in any utility 68 work costs that occur as a result of changes or additions during 69 the course of the contract. 70 (c) When an agreement between the department and utility is 71 executed for utility work to be accomplished in advance of a 72 contract for construction of a transportation facility, the 73 department may participate in the cost of clearing and grubbing 74 necessary to perform such work. 75 (d) If the utility facility was initially installed to 76 exclusively serve the authority or its tenants, or both, the 77 authority shall bear the costs of the utility work. However, the 78 authority is not responsible for the cost of utility work 79 related to any subsequent additions to that facility for the 80 purpose of serving others. 81 (e) If, under an agreement between a utility and the 82 authority entered into after July 1, 2009, the utility conveys, 83 subordinates, or relinquishes a compensable property right to 84 the authority for the purpose of accommodating the acquisition 85 or use of the right-of-way by the authority, without the 86 agreement expressly addressing future responsibility for the 87 cost of necessary utility work, the authority mustshallbear 88 the cost of removal or relocation. This paragraph does not 89 impair or restrict, and may not be used to interpret, the terms 90 of any such agreement entered into before July 1, 2009. 91 (f) If the utility is an electric facility being relocated 92 underground in order to enhance vehicular, bicycle, and 93 pedestrian safety and in which ownership of the electric 94 facility to be placed underground has been transferred from a 95 private to a public utility within the past 5 years, the 96 department shall incur all costs of the necessary utility work. 97 (g) An authority may bear the costs of utility work 98 required to eliminate an unreasonable interference when the 99 utility is not able to establish that it has a compensable 100 property right in the particular property where the utility is 101 located if: 102 1. The utility was physically located on the particular 103 property before the authority acquired rights in the property; 104 2. The utility demonstrates that it has a compensable 105 property right inalladjacent properties along the alignment of 106 the utility or, after due diligence, certifies that the utility 107 does not have evidence to prove or disprove that it has a 108 compensable property right in the particular property where the 109 utility is located; and 110 3. The information available to the authority does not 111 establish the relative priorities of the authority’s and the 112 utility’s interests in the particular property. 113 (h) If the relocation of utility facilities is necessitated 114 by the construction of a commuter rail service project or an 115 intercity passenger rail service project and the cost of the 116 project is eligible and approved for reimbursement by the 117 Federal Government, the utility owning or operating such 118 facilities located by permit on a department-owned rail corridor 119 shall perform any necessary work upon notice from the 120 department, and the department shall pay the expense properly 121 attributable to such work in the same proportion as federal 122 funds are expended on the commuter rail service project after 123 deducting from the payment any increase in the value of a new 124 facility and any salvage value derived from an old facility. The 125 state is not required to use state dollars for such utility 126 relocation work. This subsection does not apply to any phase of 127 the Central Florida Rail Corridor project known as SunRail. 128 129 ================= T I T L E A M E N D M E N T ================ 130 And the title is amended as follows: 131 Delete line 67 132 and insert: 133 lease must meet; amending s. 337.401, F.S.; providing 134 that the department and local governmental entities 135 that have jurisdiction and control of public roads or 136 publicly owned rail corridors may prescribe and 137 enforce rules and regulations with reference to 138 placing and maintaining certain structures and 139 utilities within right-of-way limits of public roads 140 or rail corridors; amending s. 337.403, F.S.; 141 specifying utilities that are placed within rights-of 142 way of public roads or publicly owned rail corridors 143 and are found to interfere with the public road or 144 publicly owned rail corridor must alleviate the 145 interference; providing additional circumstances when 146 the authority may bear the cost of utility work 147 required to eliminate an unreasonable interference; 148 delegating responsibilities for necessary work and 149 payment for the work if the relocation of utility 150 facilities is necessitated by the construction of a 151 commuter rail service project or an inter-city 152 passenger rail service project; amending s. 337.408, 153 F.S.; providing