January 29, 2020
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       Florida Senate - 2010                                     SB 982
       
       
       
       By Senator Bennett
       
       
       
       
       21-00904-10                                            2010982__
    1                        A bill to be entitled                      
    2         An act relating to underground facility damage
    3         prevention and safety; amending s. 556.101, F.S.;
    4         clarifying legislative intent that the state has
    5         exclusive power to regulate underground facilities;
    6         prohibiting municipalities, counties, districts, and
    7         other local governments from enacting ordinances or
    8         rules that regulate the subject of underground
    9         facilities; amending s. 556.102, F.S.; defining the
   10         terms “high-priority subsurface installations” and
   11         “incident”; amending s. 556.103, F.S.; requiring that
   12         the board of directors of Sunshine State One-Call of
   13         Florida, Inc., present to the Governor and Legislature
   14         an annual report that includes a summary of reports
   15         issued by the clerks of court; amending s. 556.105,
   16         F.S.; requiring that an excavator provide the Sunshine
   17         State One-Call of Florida, Inc., system with certain
   18         specified information not less than 10 full business
   19         days before beginning an excavation or demolition
   20         beneath the waters of the state; prohibiting the use
   21         of such information by member operators for sales or
   22         marketing purposes; deleting obsolete provisions;
   23         removing provisions requiring the premarking of
   24         certain proposed excavation sites; providing that if
   25         an excavation is proposed which is within 10 feet of a
   26         high-priority subsurface installation and is
   27         identified as a high-priority subsurface installation
   28         by the operator, the operator must notify the
   29         excavator of the existence of the high-priority
   30         subsurface installation and mark its location before
   31         the legal excavation start time; requiring a mutually
   32         agreed excavation plan for high-priority excavations;
   33         amending s. 556.106, F.S.; removing provisions that
   34         provide a limited waiver of sovereign immunity for the
   35         state and its agencies and subdivisions arising from
   36         matters involving underground facilities; amending s.
   37         556.107, F.S.; providing penalties for noncriminal
   38         infractions of the Sunshine State One-Call of Florida,
   39         Inc., system; providing a civil penalty for each
   40         infraction; detailing procedures for citations;
   41         requiring each clerk of court to submit a report to
   42         Sunshine State One-Call of Florida, Inc., by a
   43         specified date listing each violation that has been
   44         filed in the county during the preceding calendar
   45         year; amending s. 556.109, F.S.; specifying
   46         circumstances under which an excavator need not notify
   47         the Sunshine State One-Call of Florida, Inc., system
   48         that there is an emergency; amending s. 556.110, F.S.;
   49         deleting a provision that limits assessments against a
   50         member operator who receives fewer than 10
   51         notifications in any month; creating s. 556.114, F.S.;
   52         providing requirements for low-impact marking
   53         practices; providing procedures and methods to mark
   54         areas of excavation; requiring Sunshine State One-Call
   55         of Florida, Inc., to establish an educational program
   56         for the purpose of informing excavators and member
   57         operators about low-impact marking practices; creating
   58         s. 556.115, F.S.; requiring Sunshine State One-Call of
   59         Florida, Inc., to create a voluntary alternative
   60         dispute resolution program that is open to all member
   61         operators, excavators, and other stakeholders;
   62         requiring the voluntary users of the alternative
   63         dispute resolution program to choose the form of
   64         alternative dispute resolution to be used; requiring
   65         that the costs of using the voluntary program be borne
   66         by the users; providing that unless binding
   67         arbitration is the chosen method of alternative
   68         dispute resolution, the users or any one of such users
   69         may end the process at any time and proceed in a court
   70         of competent jurisdiction or before the Division of
   71         Administrative Hearings; providing an effective date.
   72  
   73  Be It Enacted by the Legislature of the State of Florida:
   74  
   75         Section 1. Paragraph (d) of subsection (3) of section
   76  556.101, Florida Statutes, is amended to read:
   77         556.101 Short title; legislative intent.—
   78         (3) It is the purpose of this chapter to:
   79         (d) Reserve and preempt to the state the exclusive power to
   80  regulate any subject matter specifically addressed in this
   81  chapter. Municipalities, counties, districts, or other local
   82  governments may not enact ordinances or rules or take other
   83  actions that regulate any subject addressed in this chapter or
   84  by Sunshine State One-Call of Florida, Inc., under this chapter,
   85  including delegations of authority to Sunshine State One-Call of
   86  Florida, Inc. Any ordinance or rule in existence on June 30,
   87  2010, which is in conflict with this chapter is no longer valid
   88  or enforceable on or after July 1, 2010.
   89         Section 2. Present subsections (8) through (14) of section
   90  556.102, Florida Statutes, are renumbered as subsections (10)
   91  through (16), respectively, and new subsections (8) and (9) are
   92  added to that section, to read:
   93         556.102 Definitions.—As used in this act:
   94         (8)“High-priority subsurface installations” means certain
   95  gas transmission, gas distribution, gasoline, petroleum, and
   96  other flammable, explosive, or corrosive commodity pipelines
   97  that are deemed to be critical by the operators of those
   98  pipelines.
   99         (9)“Incident” means an event that involves damage to an
  100  underground facility in a high-priority zone which results in
  101  death or personal injury that requires inpatient hospitalization
  102  or causes property damage, including service-restoration costs
  103  in an amount in excess of $50,000 or interruption of service to
  104  more than 2,500 customers.
  105         Section 3. Subsections (4) and (5) of section 556.103,
  106  Florida Statutes, are amended to read:
  107         556.103 Creation of the corporation; establishment of the
  108  board of directors; authority of the board; annual report.—
  109         (4) Beginning in 1994, The board of directors shall file
  110  with the Governor, not later than 60 days before the convening
  111  of each regular session of the Legislature, an annual progress
  112  report on the operation of the system, which must include a
  113  summary of the reports to the system from the clerks of court.
  114         (5) Beginning in 1998, The board of directors shall submit
  115  to the President of the Senate, the Speaker of the House of
  116  Representatives, and the Governor, not later than 60 days before
  117  the convening of each regular session of the Legislature, an
  118  annual progress report on the participation by municipalities
  119  and counties in the one-call notification system created by this
  120  chapter. The report must include a summary of the reports to the
  121  system from the clerks of court.
  122         Section 4. Paragraphs (a) and (d) of subsection (1),
  123  subsections (5) and (6), paragraph (a) of subsection (7),
  124  paragraph (a) of subsection (9), and subsection (11) of section
  125  556.105, Florida Statutes, are amended to read:
  126         556.105 Procedures.—
  127         (1)(a) Not less than 2 full business days before beginning
  128  any excavation or demolition that is not, except an excavation
  129  beneath the waters of the state, and not less than 10 full
  130  business days before beginning any excavation or demolition that
  131  is beneath the waters of the state, an excavator shall provide
  132  the following information through the system:
  133         1. The name of the individual who provided notification and
  134  the name, address, including the street address, city, state,
  135  zip code, and telephone number of her or his employer.
  136         2. The name and telephone number of the representative for
  137  the excavator, and a valid electronic address to facilitate a
  138  positive response by the system should be provided, if
  139  available.
  140         3. The county, the city or closest city, and the street
  141  address or the closest street, road, or intersection to the
  142  location where the excavation or demolition is to be performed,
  143  and the construction limits of the excavation or demolition.
  144         4. The commencement date and anticipated duration of the
  145  excavation or demolition.
  146         5. Whether machinery will be used for the excavation or
  147  demolition.
  148         6. The person or entity for whom the work is to be done.
  149         7. The type of work to be done.
  150         8. The approximate depth of the excavation.
  151         (d) Member operators shall use the information provided to
  152  the system by other member operators only for the purposes
  153  stated in this chapter and not for sales or marketing purposes.
  154         1.The system shall study the feasibility of the
  155  establishment or recognition of zones for the purpose of
  156  allowing excavation within such zones to be undertaken without
  157  notice to the system as now required by this chapter when such
  158  zones are:
  159         a.In areas within which no underground facilities are
  160  located.
  161         b.Where permanent markings, permit and mapping systems,
  162  and structural protection for underwater crossings are required
  163  or in place.
  164         c.For previously marked utilities on construction of one-
  165  or two-family dwellings where the contractor remains in custody
  166  and control of the building site for the duration of the
  167  building permit.
  168         2.The system shall report the results of the study to the
  169  Legislature on or before February 1, 2007, along with
  170  recommendations for further legislative action.
  171         (5) All member operators within the defined area of a
  172  proposed excavation or demolition shall be promptly notified
  173  through the system, except that member operators with state
  174  owned underground facilities located within the right-of-way of
  175  a state highway need not be notified of excavation or demolition
  176  activities and are under no obligation to mark or locate the
  177  facilities.
  178         (a)When an excavation site cannot be described in
  179  information provided under subparagraph (1)(a)3. with sufficient
  180  particularity to enable the member operator to ascertain the
  181  excavation site, and if the excavator and member operator have
  182  not mutually agreed otherwise, the excavator shall premark the
  183  proposed area of the excavation before a member operator is
  184  required to identify the horizontal route of its underground
  185  facilities in the proximity of any excavation. However,
  186  premarking is not required for any excavation that is over 500
  187  feet in length and is not required where the premarking could
  188  reasonably interfere with traffic or pedestrian control.
  189         (a)(b) If a member operator determines that a proposed
  190  excavation or demolition is in proximity to or in conflict with
  191  an underground facility of the member operator, except a
  192  facility beneath the waters of the state, which is governed by
  193  paragraph (b) (c), the member operator shall identify the
  194  horizontal route by marking to within 24 inches from the outer
  195  edge of either side of the underground facility by the use of
  196  stakes, paint, flags, or other suitable means within 2 full
  197  business days after the time the notification is received under
  198  subsection (1). If the member operator is unable to respond
  199  within such time, the member operator shall communicate with the
  200  person making the request and negotiate a new schedule and time
  201  that is agreeable to, and should not unreasonably delay, the
  202  excavator.
  203         (b)(c) If a member operator determines that a proposed
  204  excavation is in proximity to or in conflict with an underground
  205  facility of the member operator beneath the waters of the state,
  206  the member operator shall identify the estimated horizontal
  207  route of the underground facility, within 10 business days,
  208  using marking buoys or other suitable devices, unless directed
  209  otherwise by an agency having jurisdiction over the waters of
  210  the state under which the member operator’s underground facility
  211  is located.
  212         (c)(d) When excavation is to take place within a tolerance
  213  zone, an excavator shall use increased caution to protect
  214  underground facilities. The protection requires hand digging,
  215  pot holing, soft digging, vacuum excavation methods, or other
  216  similar procedures to identify underground facilities. Any use
  217  of mechanized equipment within the tolerance zone must be
  218  supervised by the excavator.
  219         (d)If an excavation is proposed which is within 10 feet of
  220  a high-priority subsurface installation and is identified as a
  221  high-priority subsurface installation by the operator, the
  222  operator shall notify the excavator of the existence of the
  223  high-priority subsurface installation and shall mark its
  224  location before the legal excavation start time, as set forth in
  225  paragraphs (a) and (b). After receiving notice of the existence
  226  of a high-priority subsurface installation, an excavator shall
  227  provide notice to the operator of the planned excavation start
  228  date and time. Before excavation begins, the excavator and
  229  operator shall communicate in order to establish a mutually
  230  agreed-upon excavation plan.
  231         (6)(a) An excavator shall avoid excavation in the area
  232  described in the notice given under subsection (1) until each
  233  member operator underground facility has been marked and located
  234  or until the excavator has been notified that no member operator
  235  has underground facilities in the area described in the notice,
  236  or for the time allowed for markings set forth in paragraphs
  237  (5)(a) and (b) (5)(b) and (c), whichever occurs first. If a
  238  member operator has not located and marked its underground
  239  facilities within the time allowed for marking set forth in
  240  paragraphs (5)(a) and (b) (5)(b) and (c), the excavator may
  241  proceed with the excavation, if the excavator does so with
  242  reasonable care and if detection equipment or other acceptable
  243  means to locate underground facilities are used.
  244         (b) An excavator may not demolish in the area described in
  245  the notice given under subsection (1) until all member operator
  246  underground facilities have been marked and located or removed.
  247         (7)(a) A member operator that states that it does not have
  248  accurate information concerning the exact location of its
  249  underground facilities is exempt from the requirements of
  250  paragraphs (5)(a) and (b) (5)(b) and (c), but shall provide the
  251  best available information to the excavator in order to comply
  252  with the requirements of this section. An excavator is not
  253  liable for any damage to an underground facility under the
  254  exemption in this subsection if the excavation or demolition is
  255  performed with reasonable care and detection equipment or other
  256  acceptable means to locate underground facilities are used.
  257         (9)(a) After receiving notification from the system, a
  258  member operator shall provide a positive response to the system
  259  within 2 full business days, or 10 such days for an underwater
  260  excavation or demolition, indicating the status of operations to
  261  protect the facility.
  262         (11) Before or during excavation or demolition, if the
  263  marking of the horizontal route of any facility is removed or is
  264  no longer visible, or, in the case of an underwater facility, is
  265  inadequately documented, the excavator shall stop excavation or
  266  demolition activities in the vicinity of the facility and shall
  267  notify the system to have the route remarked or adequately
  268  documented.
  269         Section 5. Paragraph (a) of subsection (2) and subsections
  270  (3) and (7) of section 556.106, Florida Statutes, are amended to
  271  read:
  272         556.106 Liability of the member operator, excavator, and
  273  system.—
  274         (2)(a) If a person violates s. 556.105(1) or (6), and
  275  subsequently, whether by himself or herself or through the
  276  person’s employees, contractors, subcontractors, or agents,
  277  performs an excavation or demolition that damages an underground
  278  facility of a member operator, it is rebuttably presumed that
  279  the person was negligent. The person, if found liable, is liable
  280  for the total sum of the losses to all member operators involved
  281  as those costs are normally computed. Any damage for loss of
  282  revenue and loss of use may not exceed $500,000 per affected
  283  underground facility, except that revenues lost by a
  284  governmental member operator whose revenues are used to support
  285  payments on principal and interest on bonds may not be limited.
  286  Any liability of the state and its agencies and its subdivisions
  287  which arises out of this chapter is subject to the provisions of
  288  s. 768.28.
  289         (3) If, after receiving proper notice, a member operator
  290  fails to discharge a duty imposed by the provisions of this act
  291  and an underground facility of a such member operator is damaged
  292  by an excavator who has complied with the provisions of this
  293  act, as a proximate result of the member operator’s failure to
  294  discharge such duty, the such excavator is shall not be liable
  295  for such damage and the member operator, if found liable, is
  296  shall be liable to such person for the total cost of any loss or
  297  injury to any person or damage to equipment resulting from the
  298  member operator’s failure to comply with this act. Any damage
  299  for loss of revenue and loss of use shall not exceed $500,000
  300  per affected underground facility, except that revenues lost by
  301  a governmental member operator, which revenues are used to
  302  support payments on principal and interest on bonds, shall not
  303  be limited. The liability of governmental member operators shall
  304  be subject to limitations provided in chapter 768.
  305         (7) An excavator or a member operator who performs any
  306  excavation with hand tools under s. 556.108(4)(c) or (5) is
  307  liable for any damage to any operator’s underground facilities
  308  damaged during such excavation.
  309         Section 6. Section 556.107, Florida Statutes, is amended to
  310  read:
  311         556.107 Violations.—
  312         (1) NONCRIMINAL INFRACTIONS.—
  313         (a) Violations of the following provisions are noncriminal
  314  infractions:
  315         1. Section 556.105(1), relating to providing required
  316  information.
  317         2. Section 556.105(6), relating to the avoidance of
  318  excavation.
  319         3. Section 556.105(11), relating to the need to stop
  320  excavation or demolition because marks are no longer visible,
  321  or, in the case of underwater facilities, are inadequately
  322  documented.
  323         4. Section 556.105(12), relating to the need to cease
  324  excavation or demolition activities because of contact or damage
  325  to an underground facility.
  326         5. Section 556.105(5)(a) and (b), 556.105(5)(b) and (c)
  327  relating to identification of underground facilities, if a
  328  member operator does not mark an underground facility, but not
  329  if a member operator marks an underground facility incorrectly.
  330         6.Section 556.109(2), relating to falsely notifying the
  331  system of an emergency situation or condition.
  332         7.Section 556.114(1), (2), (3), and (4), relating to a
  333  failure to follow low-impact marking practices, as defined
  334  therein.
  335         (b) Any excavator or member operator who commits a
  336  noncriminal infraction under paragraph (a) may be issued a
  337  citation by any local or state law enforcement officer,
  338  government code inspector, or code enforcement officer, and the
  339  issuer of a citation may require an excavator to cease work on
  340  any excavation or not start a proposed excavation until there
  341  has been compliance with the provisions of this chapter.
  342  Citations shall be hand delivered to any employee of the
  343  excavator or member operator who is involved in the noncriminal
  344  infraction. The citation shall be issued in the name of the
  345  excavator or member operator, whichever is applicable.
  346         (c) Any excavator or member operator who commits a
  347  noncriminal infraction under paragraph (a) may be required to
  348  pay a appear before the county court. The civil penalty for each
  349  any such infraction, which is $500 $250 plus court costs, except
  350  as otherwise provided in this section. If a citation is issued
  351  by a local law enforcement officer, a local government code
  352  inspector, or a code enforcement officer, 80 percent of the
  353  civil penalty collected by the clerk of the court shall be
  354  distributed to the local governmental entity whose employee
  355  issued the citation and 20 percent of the penalty shall be
  356  retained by the clerk to cover administrative costs, in addition
  357  to other court costs. If a citation is issued by a state law
  358  enforcement officer, the civil penalty collected by the clerk
  359  shall be retained by the clerk for deposit into the fine and
  360  forfeiture fund established pursuant to s. 142.01. Any person
  361  who fails to appear or otherwise properly respond to a citation
  362  issued pursuant to paragraph (b) (d) shall, in addition to the
  363  citation, be charged with the offense of failing to respond to
  364  the such citation and, upon conviction, commits a misdemeanor of
  365  the second degree, punishable as provided in s. 775.082 or s.
  366  775.083. A written warning to this effect must shall be provided
  367  at the time any citation is issued pursuant to paragraph (b).
  368         (d) Any person cited for an infraction under paragraph (a),
  369  unless required to appear before the county court, may:
  370         1. post a bond, which shall be equal in amount to the
  371  applicable civil penalty plus court costs; or
  372         2.Sign and accept a citation indicating a promise to
  373  appear before the county court.
  374  
  375  The person issuing the citation may indicate on the citation the
  376  time and location of the scheduled hearing and shall indicate
  377  the applicable civil penalty.
  378         (e) A Any person charged with a noncriminal infraction
  379  under paragraph (a), unless required to appear before the county
  380  court, may:
  381         1. pay the civil penalty plus court costs, in lieu of
  382  appearance, either by mail or in person, within 30 days after
  383  the date of receiving the citation; or
  384         2.Forfeit bond, if a bond has been posted, by not
  385  appearing at the designated time and location.
  386  
  387  If the person cited pays the civil penalty follows either of the
  388  above procedures, she or he is deemed to have admitted to
  389  committing the infraction and to have waived the right to a
  390  hearing on the issue of commission of the infraction. The
  391  admission may be used as evidence in any other proceeding under
  392  this chapter.
  393         (f) Any person may elect electing to appear before the
  394  county court and if so electing or who is required to appear
  395  shall be deemed to have waived the limitations on the civil
  396  penalty specified in paragraph (c). The court, after a hearing,
  397  shall make a determination as to whether an infraction has been
  398  committed. If the commission of an infraction has been proven,
  399  the court may impose a civil penalty not to exceed $5,000 plus
  400  court costs. In determining the amount of the civil penalty, the
  401  court may consider previous noncriminal infractions committed.
  402         (g) At a court hearing or a hearing before the Division of
  403  Administrative Hearings under this chapter, the commission of a
  404  charged infraction must be proven by a preponderance of the
  405  evidence.
  406         (h) If a person is found by a judge or the hearing official
  407  to have committed an infraction, the person may appeal that
  408  finding to the circuit court.
  409         (i) Sunshine State One-Call of Florida, Inc., may, at its
  410  own cost, retain an attorney to assist in the presentation of
  411  relevant facts and law in the county court or administrative
  412  proceeding pertaining to the citation issued under this section
  413  or to any alleged violation that may have contributed to an
  414  alleged incident. The corporation may also appear in any case
  415  appealed to the circuit court if a county court judge or
  416  administrative hearing officer finds that an infraction of the
  417  chapter was committed. An appellant in the circuit court
  418  proceeding shall timely notify the corporation of any appeal
  419  under this section.
  420         (j)1.Violation of any of the infractions listed in
  421  paragraph (a) which may constitute an incident must be reported
  422  to the system by an excavator or a member operator within 24
  423  hours after learning that the threshold for an incident has been
  424  met.
  425         2.Upon receipt of information that an incident has
  426  occurred, the system shall contract with the Division of
  427  Administrative Hearings to conduct a hearing to determine
  428  whether there have been any violations of paragraph (a) which
  429  were a proximate cause of the incident.
  430         3.The division has jurisdiction in a proceeding under this
  431  paragraph to determine the facts and law surrounding any
  432  incident and to impose a fine against any violator in an amount
  433  that may not exceed $50,000 for any violation of paragraph (a)
  434  which was a proximate cause of the incident.
  435         4.Any fine imposed by the division must be in addition to
  436  any amount payable as a result of a citation relating to the
  437  incident.
  438         5.A fine against an excavator or a member operator levied
  439  under this paragraph must be paid to the system, which shall use
  440  the proceeds of the fines exclusively for damage-prevention
  441  education.
  442         (2)REPORT OF INFRACTIONS.—By March 31 of each year, each
  443  clerk of court shall submit a report to Sunshine State One-Call
  444  of Florida, Inc., listing each violation notice written under
  445  paragraph (a) which has been filed in that county during the
  446  preceding calendar year. The report must state the name and
  447  address of the member or excavator who committed each infraction
  448  and indicate whether or not the civil penalty for the infraction
  449  was paid.
  450         (3)(2) MISDEMEANORS.—Any person who knowingly and willfully
  451  removes or otherwise destroys the valid stakes or other valid
  452  physical markings described in s. 556.105(5)(a) and (b) s.
  453  556.105(5)(b) and (c) used to mark the horizontal route of an
  454  underground facility commits a misdemeanor of the second degree,
  455  punishable as provided in s. 775.082 or s. 775.083. For purposes
  456  of this subsection, stakes or other nonpermanent physical
  457  markings are considered valid for 30 calendar days after
  458  information is provided to the system under s. 556.105(1)(a) s.
  459  556.105(1)(c).
  460         Section 7. Section 556.109, Florida Statutes, is amended to
  461  read:
  462         556.109 Emergency excavations or demolitions attempted;
  463  exception.—
  464         (1)The provisions of This act does do not apply to making
  465  an excavation or demolition during an emergency if, provided the
  466  system or the member operator was notified at the earliest
  467  opportunity and all reasonable precautions had been taken to
  468  protect any underground facility. For the purposes of this act,
  469  “emergency” means any condition constituting a clear and present
  470  danger to life or property; a situation caused by the escape of
  471  any substance transported by means of an underground facility;
  472  any interruption of vital public service or communication caused
  473  by any break or defect in a member operator’s underground
  474  facility; or, in the case of the State Highway System or streets
  475  or roads maintained by a political subdivision or underground
  476  facilities owned, operated, or maintained by a political
  477  subdivision, if the use of such highways, streets, roads, or
  478  underground facilities is, in the sole judgment of the
  479  Department of Highway Safety and Motor Vehicles, the Department
  480  of Transportation, or such political subdivision, impaired by an
  481  unforeseen occurrence that which necessitates repair beginning
  482  immediately after such occurrence.
  483         (2)An excavator need not notify the system that there is
  484  an emergency unless the excavator reasonably believes that the
  485  intended excavation or demolition is due to a situation or
  486  condition as defined in subsection (1).
  487         Section 8. Section 556.110, Florida Statutes, is amended to
  488  read:
  489         556.110 Costs assessed among member operators.—Member
  490  operators shall proportionately share in the cost of operating
  491  the system through monthly assessments made upon each member
  492  operator. However, any member that receives fewer than 10
  493  notifications in any month shall not be assessed for such month.
  494         Section 9. Section 556.114, Florida Statutes, is created to
  495  read:
  496         556.114Low-impact marking practices.—
  497         (1)An excavator providing notice under s. 556.105(1)(a)
  498  shall identify in its notice only the area that will be
  499  excavated during the period that the information in such notice
  500  is considered valid under s. 556.105(1)(c).
  501         (2)When an excavator has not completed an excavation
  502  noticed under s. 556.105(1)(a) within the period that the
  503  information in the notice is considered valid under s.
  504  556.105(1)(c), the excavator must provide a subsequent notice to
  505  the system under s. 556.105(1)(a) to continue with the
  506  excavation, and such subsequent notice shall identify only the
  507  remaining area to be excavated.
  508         (3)When an excavation site cannot be described in
  509  information provided under s. 556.105(1)(a) with sufficient
  510  particularity to enable the member operator to ascertain the
  511  excavation site, and if the excavator and member operator have
  512  not mutually agreed otherwise, the excavator shall premark the
  513  proposed area of the excavation before a member operator is
  514  required to identify the horizontal route of its underground
  515  facilities in the proximity of any excavation. However,
  516  premarking is not required when the premarking could reasonably
  517  interfere with traffic or pedestrian control.
  518         (4)Member operators shall mark the area described or
  519  premarked by the excavator using temporary, nonpermanent paint,
  520  flags, stakes, and other acceptable means.
  521         (5)Any horizontal route-identification marker must be in a
  522  color identified in the Uniform Color Code for Utilities.
  523         (6)Sunshine State One-Call of Florida, Inc., shall
  524  establish an educational program for the purpose of informing
  525  excavators and member operators about low-impact marking
  526  practices.
  527         Section 10. Section 556.115, Florida Statutes, is created
  528  to read:
  529         556.115Alternative dispute resolution.—
  530         (1)Sunshine State One-Call of Florida, Inc., shall create
  531  a voluntary alternative dispute resolution program. The program
  532  shall be available to all member operators, excavators, and
  533  other stakeholders, such as locators, utility service users, and
  534  governmental or quasi-governmental entities, for purposes of
  535  resolving disputes arising from excavation activities,
  536  including, but not limited to, loss of services, down time,
  537  delays, loss of use of facilities during restoration or
  538  replacement, and similar economic disruptions, exclusive of
  539  penalties imposed under other provisions of this act.
  540         (2)The alternative dispute resolution program created by
  541  Sunshine State One-Call of Florida, Inc., shall include
  542  mediation, arbitration, or other appropriate processes,
  543  including the use of the services of the Division of
  544  Administrative Hearings.
  545         (3)The costs of using the program shall be borne by the
  546  voluntary users, and the voluntary users shall choose the form
  547  of alternative dispute resolution to be used. If arbitration is
  548  used, the users shall decide whether the arbitration will be
  549  binding.
  550         (4)Unless binding arbitration is the chosen method of
  551  alternative dispute resolution, the users or any one of such
  552  users may end the process at any time and exercise the right to
  553  proceed in a court of competent jurisdiction or before the
  554  Division of Administrative Hearings.
  555         (5)This section does not change the basis for civil
  556  liability for damages.
  557         Section 11. This act shall take effect July 1, 2010.

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