Bill Text: FL S0416 | 2016 | Regular Session | Enrolled
Bill Title: Location of Utilities
Spectrum: Bipartisan Bill
Status: (Passed) 2016-03-10 - Chapter No. 2016-44 [S0416 Detail]
Download: Florida-2016-S0416-Enrolled.html
ENROLLED 2016 Legislature CS for SB 416 2016416er 1 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; conforming cross-references; 16 amending s. 337.403, F.S.; specifying that the owner 17 of a utility located within certain right-of-way 18 limits must initiate and bear the cost necessary to 19 alleviate any interference to the use of certain 20 public roads or rail corridors under certain 21 circumstances; conforming a cross-reference; requiring 22 the authority to bear the cost of the utility work 23 necessary to eliminate an unreasonable interference if 24 the utility is lawfully located within a certain 25 utility easement, subject to certain deductions; 26 providing findings of an important state interest; 27 providing an effective date. 28 29 Be It Enacted by the Legislature of the State of Florida: 30 31 Section 1. Section 125.42, Florida Statutes, is amended to 32 read: 33 125.42 Water, sewage, gas, power, telephone, other utility, 34 and television lines within the right-of-way limits ofalong35 county roads and highways.— 36 (1) The board of county commissioners, with respect to 37 property located without the corporate limits of any 38 municipality, is authorized to grant a license to any person or 39 private corporation to construct, maintain, repair, operate, and 40 remove lines for the transmission of water, sewage, gas, power, 41 telephone, other public utilities,andtelevision, or other 42 communications services as defined in s. 202.11(1) under, on, 43 over, across, or within the right-of-way limits ofand alongany 44 county highway or any public road or highway acquired by the 45 county or public by purchase, gift, devise, dedication, or 46 prescription. However, the board of county commissioners shall 47 include in any instrument granting such license adequate 48 provisions: 49 (a) To prevent the creation of any obstructions or 50 conditions which are or may become dangerous to the traveling 51 public; 52 (b) To require the licensee to repair any damage or injury 53 to the road or highway by reason of the exercise of the 54 privileges granted in any instrument creating such license and 55 to repair the road or highway promptly, restoring it to a 56 condition at least equal to that which existed immediately prior 57 to the infliction of such damage or injury; 58 (c) Whereby the licensee shall hold the board of county 59 commissioners and members thereof harmless from the payment of 60 any compensation or damages resulting from the exercise of the 61 privileges granted in any instrument creating the license; and 62 (d) As may be reasonably necessary, for the protection of 63 the county and the public. 64 (2) A license may be granted in perpetuity or for a term of 65 years, subject, however, to termination by the licensor, in the 66 event the road or highway is closed, abandoned, vacated, 67 discontinued, or reconstructed. 68 (3) The board of county commissioners is authorized to 69 grant exclusive or nonexclusive licenses for the purposes stated 70 herein for television. 71 (4) This law is intended to provide an additional method 72 for the granting of licenses and shall not be construed to 73 repeal any law now in effect relating to the same subject. 74 (5) In the event of widening, repair, or reconstruction of 75 any such road, the licensee shall move or remove such water, 76 sewage, gas, power, telephone, and other utility lines and 77 television lines at no cost to the county should they be found 78 by the county to be unreasonably interfering, except as provided 79 in s. 337.403(1)(d)-(j)s. 337.403(1)(d)-(i). 80 Section 2. Paragraph (a) of subsection (1) of section 81 337.401, Florida Statutes, is amended to read: 82 337.401 Use of right-of-way for utilities subject to 83 regulation; permit; fees.— 84 (1)(a) The department and local governmental entities, 85 referred to in this section and in ss. 337.402, 337.403, and 86 337.404ss. 337.401-337.404as the “authority,” that have 87 jurisdiction and control of public roads or publicly owned rail 88 corridors are authorized to prescribe and enforce reasonable 89 rules or regulations with reference to the placing and 90 maintainingalong,across,oron, or within the right-of-way 91 limits of any road or publicly owned rail corridors under their 92 respective jurisdictions any electric transmission, telephone, 93 telegraph, or other communications services lines; pole lines; 94 poles; railways; ditches; sewers; water, heat, or gas mains; 95 pipelines; fences; gasoline tanks and pumps; or other structures 96 referred to in this section and in ss. 337.402, 337.403, and 97 337.404 as the “utility.” The department may enter into a 98 permit-delegation agreement with a governmental entity if 99 issuance of a permit is based on requirements that the 100 department finds will ensure the safety and integrity of 101 facilities of the Department of Transportation; however, the 102 permit-delegation agreement does not apply to facilities of 103 electric utilities as defined in s. 366.02(2). 104 Section 3. Subsection (1) of section 337.403, Florida 105 Statutes, is amended to read: 106 337.403 Interference caused by utility; expenses.— 107 (1) If a utility that is placed upon, under, over, or 108 within the right-of-way limits ofalongany public road or 109 publicly owned rail corridor is found by the authority to be 110 unreasonably interfering in any way with the convenient, safe, 111 or continuous use, or the maintenance, improvement, extension, 112 or expansion, of such public road or publicly owned rail 113 corridor, the utility owner shall, upon 30 days’ written notice 114 to the utility or its agent by the authority, initiate the work 115 necessary to alleviate the interference at its own expense 116 except as provided in paragraphs (a)-(j)(a)-(i). The work must 117 be completed within such reasonable time as stated in the notice 118 or such time as agreed to by the authority and the utility 119 owner. 120 (a) If the relocation of utility facilities, as referred to 121 in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No. 122 84-627, is necessitated by the construction of a project on the 123 federal-aid interstate system, including extensions thereof 124 within urban areas, and the cost of the project is eligible and 125 approved for reimbursement by the Federal Government to the 126 extent of 90 percent or more under the Federal Aid Highway Act, 127 or any amendment thereof, then in that event the utility owning 128 or operating such facilities shall perform any necessary work 129 upon notice from the department, and the state shall pay the 130 entire expense properly attributable to such work after 131 deducting therefrom any increase in the value of a new facility 132 and any salvage value derived from an old facility. 133 (b) When a joint agreement between the department and the 134 utility is executed for utility work to be accomplished as part 135 of a contract for construction of a transportation facility, the 136 department may participate in those utility work costs that 137 exceed the department’s official estimate of the cost of the 138 work by more than 10 percent. The amount of such participation 139 is limited to the difference between the official estimate of 140 all the work in the joint agreement plus 10 percent and the 141 amount awarded for this work in the construction contract for 142 such work. The department may not participate in any utility 143 work costs that occur as a result of changes or additions during 144 the course of the contract. 145 (c) When an agreement between the department and utility is 146 executed for utility work to be accomplished in advance of a 147 contract for construction of a transportation facility, the 148 department may participate in the cost of clearing and grubbing 149 necessary to perform such work. 150 (d) If the utility facility was initially installed to 151 exclusively serve the authority or its tenants, or both, the 152 authority shall bear the costs of the utility work. However, the 153 authority is not responsible for the cost of utility work 154 related to any subsequent additions to that facility for the 155 purpose of serving others. For a county or municipality, if such 156 utility facility was installed in the right-of-way as a means to 157 serve a county or municipal facility on a parcel of property 158 adjacent to the right-of-way and if the intended use of the 159 county or municipal facility is for a use other than 160 transportation purposes, the obligation of the county or 161 municipality to bear the costs of the utility work shall extend 162 only to utility work on the parcel of property on which the 163 facility of the county or municipality originally served by the 164 utility facility is located. 165 (e) If, under an agreement between a utility and the 166 authority entered into after July 1, 2009, the utility conveys, 167 subordinates, or relinquishes a compensable property right to 168 the authority for the purpose of accommodating the acquisition 169 or use of the right-of-way by the authority, without the 170 agreement expressly addressing future responsibility for the 171 cost of necessary utility work, the authority shall bear the 172 cost of removal or relocation. This paragraph does not impair or 173 restrict, and may not be used to interpret, the terms of any 174 such agreement entered into before July 1, 2009. 175 (f) If the utility is an electric facility being relocated 176 underground in order to enhance vehicular, bicycle, and 177 pedestrian safety and in which ownership of the electric 178 facility to be placed underground has been transferred from a 179 private to a public utility within the past 5 years, the 180 department shall incur all costs of the necessary utility work. 181 (g) An authority may bear the costs of utility work 182 required to eliminate an unreasonable interference when the 183 utility is not able to establish that it has a compensable 184 property right in the particular property where the utility is 185 located if: 186 1. The utility was physically located on the particular 187 property before the authority acquired rights in the property; 188 2. The utility demonstrates that it has a compensable 189 property right in adjacent properties along the alignment of the 190 utility or, after due diligence, certifies that the utility does 191 not have evidence to prove or disprove that it has a compensable 192 property right in the particular property where the utility is 193 located; and 194 3. The information available to the authority does not 195 establish the relative priorities of the authority’s and the 196 utility’s interests in the particular property. 197 (h) If a municipally owned utility or county-owned utility 198 is located in a rural area of opportunity, as defined in s. 199 288.0656(2), and the department determines that the utility is 200 unable, and will not be able within the next 10 years, to pay 201 for the cost of utility work necessitated by a department 202 project on the State Highway System, the department may pay, in 203 whole or in part, the cost of such utility work performed by the 204 department or its contractor. 205 (i) If the relocation of utility facilities is necessitated 206 by the construction of a commuter rail service project or an 207 intercity passenger rail service project and the cost of the 208 project is eligible and approved for reimbursement by the 209 Federal Government, then in that event the utility owning or 210 operating such facilities located by permit on a department 211 owned rail corridor shall perform any necessary utility 212 relocation work upon notice from the department, and the 213 department shall pay the expense properly attributable to such 214 utility relocation work in the same proportion as federal funds 215 are expended on the commuter rail service project or an 216 intercity passenger rail service project after deducting 217 therefrom any increase in the value of a new facility and any 218 salvage value derived from an old facility. In no event shall 219 the state be required to use state dollars for such utility 220 relocation work. This paragraph does not apply to any phase of 221 the Central Florida Commuter Rail project, known as SunRail. 222 (j) If a utility is lawfully located within an existing and 223 valid utility easement granted by recorded plat, regardless of 224 whether such land was subsequently acquired by the authority by 225 dedication, transfer of fee, or otherwise, the authority must 226 bear the cost of the utility work required to eliminate an 227 unreasonable interference. The authority shall pay the entire 228 expense properly attributable to such work after deducting any 229 increase in the value of a new facility and any salvage value 230 derived from an old facility. 231 Section 4. The Legislature finds that a proper and 232 legitimate state purpose is served by clarifying a utility’s 233 responsibility for relocating its facilities within a utility 234 easement granted by recorded plat. Therefore, the Legislature 235 determines and declares that this act fulfills an important 236 state interest. 237 Section 5. This act shall take effect upon becoming a law.