Bill Text: FL S0416 | 2016 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Location of Utilities
Spectrum: Bipartisan Bill
Status: (Passed) 2016-03-10 - Chapter No. 2016-44 [S0416 Detail]
Download: Florida-2016-S0416-Introduced.html
Bill Title: Location of Utilities
Spectrum: Bipartisan Bill
Status: (Passed) 2016-03-10 - Chapter No. 2016-44 [S0416 Detail]
Download: Florida-2016-S0416-Introduced.html
Florida Senate - 2016 SB 416 By Senator Flores 37-00427A-16 2016416__ 1 A bill to be entitled 2 An act relating to the location of utilities; amending 3 s. 125.42, F.S.; revising the circumstances under 4 which a board of county commissioners is authorized to 5 grant to a person or private corporation a license for 6 specified projects related to lines for the 7 transmission of certain public utilities and 8 communication services; conforming a cross-reference; 9 amending s. 337.401, F.S.; authorizing the Department 10 of Transportation and certain local governmental 11 entities to prescribe and enforce rules or regulations 12 regarding the placement and maintenance of specified 13 structures and lines within the right-of-way limits of 14 roads or publicly owned rail corridors under their 15 respective jurisdictions; prohibiting a municipality 16 or county from requiring a utility or a provider of 17 communications services to provide proprietary maps of 18 previously permitted facilities; amending s. 337.403, 19 F.S.; specifying that a utility located within certain 20 right-of-way limits must initiate and bear the cost 21 necessary to alleviate any interference to the use of 22 certain public roads or rail corridors under certain 23 circumstances; conforming a cross-reference; requiring 24 an authority or an entity other than the authority to 25 bear the cost of relocating a utility under certain 26 circumstances; providing applicability; requiring the 27 authority under certain circumstances to pay the 28 entire expense attributable to relocating a utility 29 after certain deductions; requiring the authority to 30 bear the cost of the utility work necessary to 31 eliminate an unreasonable interference if the utility 32 is lawfully located within a certain utility easement; 33 providing findings of an important state interest; 34 providing an effective date. 35 36 Be It Enacted by the Legislature of the State of Florida: 37 38 Section 1. Section 125.42, Florida Statutes, is amended to 39 read: 40 125.42 Water, sewage, gas, power, telephone, other utility, 41 and television lines within the right-of-way limits ofalong42 county roads and highways.— 43 (1) The board of county commissioners, with respect to 44 property located without the corporate limits of any 45 municipality, is authorized to grant a license to any person or 46 private corporation to construct, maintain, repair, operate, and 47 remove lines for the transmission of water, sewage, gas, power, 48 telephone, other public utilities, and television, or other 49 communications services as defined in s. 202.11(1) under, on, 50 over, across, or within the right-of-way limits ofand alongany 51 county highway or any public road or highway acquired by the 52 county or public by purchase, gift, devise, dedication, or 53 prescription. However, the board of county commissioners shall 54 include in any instrument granting such license adequate 55 provisions: 56 (a) To prevent the creation of any obstructions or 57 conditions which are or may become dangerous to the traveling 58 public; 59 (b) To require the licensee to repair any damage or injury 60 to the road or highway by reason of the exercise of the 61 privileges granted in any instrument creating such license and 62 to repair the road or highway promptly, restoring it to a 63 condition at least equal to that which existed immediately prior 64 to the infliction of such damage or injury; 65 (c) Whereby the licensee shall hold the board of county 66 commissioners and members thereof harmless from the payment of 67 any compensation or damages resulting from the exercise of the 68 privileges granted in any instrument creating the license; and 69 (d) As may be reasonably necessary, for the protection of 70 the county and the public. 71 (2) A license may be granted in perpetuity or for a term of 72 years, subject, however, to termination by the licensor, in the 73 event the road or highway is closed, abandoned, vacated, 74 discontinued, or reconstructed. 75 (3) The board of county commissioners is authorized to 76 grant exclusive or nonexclusive licenses for the purposes stated 77 herein for television. 78 (4) This law is intended to provide an additional method 79 for the granting of licenses and shall not be construed to 80 repeal any law now in effect relating to the same subject. 81 (5) In the event of widening, repair, or reconstruction of 82 any such road, the licensee shall move or remove such water, 83 sewage, gas, power, telephone, and other utility lines and 84 television lines at no cost to the county should they be found 85 by the county to be unreasonably interfering, except as provided 86 in s. 337.403(1)(d)-(j)s.337.403(1)(d)-(i). 87 Section 2. Paragraph (a) of subsection (1), subsection (2), 88 and paragraph (b) of subsection (3) of section 337.401, Florida 89 Statutes, are amended to read: 90 337.401 Use of right-of-way for utilities subject to 91 regulation; permit; fees.— 92 (1)(a) The department and local governmental entities, 93 referred to in this section and in ss. 337.402, 337.403, and 94 337.404ss. 337.401-337.404as the “authority,” whichthathave 95 jurisdiction and control of public roads or publicly owned rail 96 corridors are authorized to prescribe and enforce reasonable 97 rules or regulations with reference to the placing and 98 maintainingalong,across,oron, or within the right-of-way 99 limits of any road or publicly owned rail corridors under their 100 respective jurisdictions any electric transmission, telephone, 101 telegraph, or other communications services lines; pole lines; 102 poles; railways; ditches; sewers; water, heat, or gas mains; 103 pipelines; fences; gasoline tanks and pumps; or other structures 104 referred to in this section and in ss. 337.402, 337.403, and 105 337.404this sectionas the “utility.” The department may enter 106 into a permit-delegation agreement with a governmental entity if 107 issuance of a permit is based on requirements that the 108 department finds will ensure the safety and integrity of 109 facilities of the Department of Transportation; however, the 110 permit-delegation agreement does not apply to facilities of 111 electric utilities as defined in s. 366.02(2). 112 (2) The authority may grant to any person who is a resident 113 of this state, or to any corporation which is organized under 114 the laws of this state or licensed to do business within this 115 state, the use of a right-of-way for the utility in accordance 116 with such rules or regulations as the authority may adopt. No 117 utility shall be installed, located, or relocated unless 118 authorized by a written permit issued by the authority. However, 119 for public roads or publicly owned rail corridors under the 120 jurisdiction of the department, a utility relocation schedule 121 and relocation agreement may be executed in lieu of a written 122 permit. The permit shall require the permitholder to be 123 responsible for any damage resulting from the issuance of such 124 permit. In exercising its authority over a utility under this 125 section, a municipality or county may not require a utility to 126 provide proprietary maps of facilities that were previously 127 subject to a permit from the authority. The authority may 128 initiate injunctive proceedings as provided in s. 120.69 to 129 enforce provisions of this subsection or any rule or order 130 issued or entered into pursuant thereto. 131 (3) 132 (b) Registration described in paragraph (a) does not 133 establish a right to place or maintain, or priority for the 134 placement or maintenance of, a communications facility in roads 135 or rights-of-way of a municipality or county. Each municipality 136 and county retains the authority to regulate and manage 137 municipal and county roads or rights-of-way in exercising its 138 police power. Any rules or regulations adopted by a municipality 139 or county which govern the occupation of its roads or rights-of 140 way by providers of communications services must be related to 141 the placement or maintenance of facilities in such roads or 142 rights-of-way, must be reasonable and nondiscriminatory, and may 143 include only those matters necessary to manage the roads or 144 rights-of-way of the municipality or county. In exercising its 145 authority over providers of communications services under this 146 section, a municipality or county may not require a provider of 147 communications services to provide proprietary maps of 148 facilities that were previously subject to a permit from the 149 authority. 150 Section 3. Subsection (1) of section 337.403, Florida 151 Statutes, is amended to read: 152 337.403 Interference caused by utility; expenses.— 153 (1) If a utility that is placed upon, under, over, or 154 within the right-of-way limits ofalongany public road or 155 publicly owned rail corridor is found by the authority to be 156 unreasonably interfering in any way with the convenient, safe, 157 or continuous use, or the maintenance, improvement, extension, 158 or expansion, of such public road or publicly owned rail 159 corridor, the utility owner shall, upon 30 days’ written notice 160 to the utility or its agent by the authority, initiate the work 161 necessary to alleviate the interference at its own expense 162 except as provided in paragraphs (a)-(j)(a)-(i). The work must 163 be completed within such reasonable time as stated in the notice 164 or such time as agreed to by the authority and the utility 165 owner. If the authority requires the relocation of a utility for 166 purposes not described in this subsection and the utility owner 167 is authorized by state or common law or state or local agreement 168 to place facilities in the public rights-of-way, the authority 169 must bear the cost of relocating the utility. If relocation is 170 required as a condition or result of a project by an entity 171 other than an authority, the entity other than the authority 172 must bear the cost of relocating the utility except to the 173 extent that the relocation would otherwise be required in 174 connection with a transportation improvement identified in the 175 authority’s capital improvement schedule and scheduled for 176 construction within 5 years. This subsection does not impair any 177 right of the holder of a private railroad right-of-way or 178 obligate the holder of such private railroad right-of-way to 179 bear the relocation cost in such railroad right-of-way, subject 180 to any agreement between the holder of the private railroad 181 right-of-way and a utility that otherwise allocates such 182 relocation cost. This subsection also does not affect a lawful 183 permit or contract entered into between an authority and a 184 utility before October 1, 2015. To the extent that an authority 185 is required by this subsection to bear the cost of relocating a 186 utility, the authority shall pay the entire expense properly 187 attributable to such work after deducting any increase in the 188 value of a new facility and any salvage value derived from an 189 old facility. 190 (a) If the relocation of utility facilities, as referred to 191 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 192 84-627, is necessitated by the construction of a project on the 193 federal-aid interstate system, including extensions thereof 194 within urban areas, and the cost of the project is eligible and 195 approved for reimbursement by the Federal Government to the 196 extent of 90 percent or more under the Federal Aid Highway Act, 197 or any amendment thereof, then in that event the utility owning 198 or operating such facilities shall perform any necessary work 199 upon notice from the department, and the state shall pay the 200 entire expense properly attributable to such work after 201 deducting therefrom any increase in the value of a new facility 202 and any salvage value derived from an old facility. 203 (b) When a joint agreement between the department and the 204 utility is executed for utility work to be accomplished as part 205 of a contract for construction of a transportation facility, the 206 department may participate in those utility work costs that 207 exceed the department’s official estimate of the cost of the 208 work by more than 10 percent. The amount of such participation 209 is limited to the difference between the official estimate of 210 all the work in the joint agreement plus 10 percent and the 211 amount awarded for this work in the construction contract for 212 such work. The department may not participate in any utility 213 work costs that occur as a result of changes or additions during 214 the course of the contract. 215 (c) When an agreement between the department and utility is 216 executed for utility work to be accomplished in advance of a 217 contract for construction of a transportation facility, the 218 department may participate in the cost of clearing and grubbing 219 necessary to perform such work. 220 (d) If the utility facility was initially installed to 221 exclusively serve the authority or its tenants, or both, the 222 authority shall bear the costs of the utility work. However, the 223 authority is not responsible for the cost of utility work 224 related to any subsequent additions to that facility for the 225 purpose of serving others. For a county or municipality, if such 226 utility facility was installed in the right-of-way as a means to 227 serve a county or municipal facility on a parcel of property 228 adjacent to the right-of-way and if the intended use of the 229 county or municipal facility is for a use other than 230 transportation purposes, the obligation of the county or 231 municipality to bear the costs of the utility work shall extend 232 only to utility work on the parcel of property on which the 233 facility of the county or municipality originally served by the 234 utility facility is located. 235 (e) If, under an agreement between a utility and the 236 authority entered into after July 1, 2009, the utility conveys, 237 subordinates, or relinquishes a compensable property right to 238 the authority for the purpose of accommodating the acquisition 239 or use of the right-of-way by the authority, without the 240 agreement expressly addressing future responsibility for the 241 cost of necessary utility work, the authority shall bear the 242 cost of removal or relocation. This paragraph does not impair or 243 restrict, and may not be used to interpret, the terms of any 244 such agreement entered into before July 1, 2009. 245 (f) If the utility is an electric facility being relocated 246 underground in order to enhance vehicular, bicycle, and 247 pedestrian safety and in which ownership of the electric 248 facility to be placed underground has been transferred from a 249 private to a public utility within the past 5 years, the 250 department shall incur all costs of the necessary utility work. 251 (g) An authority may bear the costs of utility work 252 required to eliminate an unreasonable interference when the 253 utility is not able to establish that it has a compensable 254 property right in the particular property where the utility is 255 located if: 256 1. The utility was physically located on the particular 257 property before the authority acquired rights in the property; 258 2. The utility demonstrates that it has a compensable 259 property right in adjacent properties along the alignment of the 260 utility or, after due diligence, certifies that the utility does 261 not have evidence to prove or disprove that it has a compensable 262 property right in the particular property where the utility is 263 located; and 264 3. The information available to the authority does not 265 establish the relative priorities of the authority’s and the 266 utility’s interests in the particular property. 267 (h) If a municipally owned utility or county-owned utility 268 is located in a rural area of opportunity, as defined in s. 269 288.0656(2), and the department determines that the utility is 270 unable, and will not be able within the next 10 years, to pay 271 for the cost of utility work necessitated by a department 272 project on the State Highway System, the department may pay, in 273 whole or in part, the cost of such utility work performed by the 274 department or its contractor. 275 (i) If the relocation of utility facilities is necessitated 276 by the construction of a commuter rail service project or an 277 intercity passenger rail service project and the cost of the 278 project is eligible and approved for reimbursement by the 279 Federal Government, then in that event the utility owning or 280 operating such facilities located by permit on a department 281 owned rail corridor shall perform any necessary utility 282 relocation work upon notice from the department, and the 283 department shall pay the expense properly attributable to such 284 utility relocation work in the same proportion as federal funds 285 are expended on the commuter rail service project or an 286 intercity passenger rail service project after deducting 287 therefrom any increase in the value of a new facility and any 288 salvage value derived from an old facility. In no event shall 289 the state be required to use state dollars for such utility 290 relocation work. This paragraph does not apply to any phase of 291 the Central Florida Commuter Rail project, known as SunRail. 292 (j) If a utility is lawfully located within an existing and 293 valid utility easement granted by recorded plat, regardless of 294 whether such land was subsequently acquired by the authority by 295 dedication, transfer of fee, or otherwise, the authority must 296 bear the cost of the utility work required to eliminate an 297 unreasonable interference. 298 Section 4. The Legislature finds that a proper and 299 legitimate state purpose is served by clarifying a utility’s 300 responsibility for relocating its facilities within a right-of 301 way or within a utility easement granted by recorded plat. 302 Therefore, the Legislature determines and declares that this act 303 fulfills an important state interest. 304 Section 5. This act shall take effect upon becoming a law.