Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 424
       
       
       
       
       
       
                                Barcode 318204                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/20/2009           .                                
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       The Committee on Finance and Tax (Bennett) recommended the
       following:
       
    1         Senate Amendment 
    2  
    3         Delete lines 529 - 579
    4  and insert:
    5         as provided in paragraphs (a)-(f) (a), (b), and (c).
    6         (a) If the relocation of utility facilities, as referred to
    7  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
    8  627 of the 84th Congress, is necessitated by the construction of
    9  a project on the federal-aid interstate system, including
   10  extensions thereof within urban areas, and the cost of the such
   11  project is eligible and approved for reimbursement by the
   12  Federal Government to the extent of 90 percent or more under the
   13  Federal Aid Highway Act, or any amendment thereof, then in that
   14  event the utility owning or operating such facilities shall
   15  relocate the such facilities upon order of the department, and
   16  the state shall pay the entire expense properly attributable to
   17  such relocation after deducting therefrom any increase in the
   18  value of the new facility and any salvage value derived from the
   19  old facility.
   20         (b) When a joint agreement between the department and the
   21  utility is executed for utility improvement, relocation, or
   22  removal work to be accomplished as part of a contract for
   23  construction of a transportation facility, the department may
   24  participate in those utility improvement, relocation, or removal
   25  costs that exceed the department's official estimate of the cost
   26  of the such work by more than 10 percent. The amount of such
   27  participation shall be limited to the difference between the
   28  official estimate of all the work in the joint agreement plus 10
   29  percent and the amount awarded for this work in the construction
   30  contract for such work. The department may not participate in
   31  any utility improvement, relocation, or removal costs that occur
   32  as a result of changes or additions during the course of the
   33  contract.
   34         (c) When an agreement between the department and utility is
   35  executed for utility improvement, relocation, or removal work to
   36  be accomplished in advance of a contract for construction of a
   37  transportation facility, the department may participate in the
   38  cost of clearing and grubbing necessary to perform such work.
   39         (d) If the utility facility being removed or relocated was
   40  initially installed to exclusively serve the department, its
   41  tenants, or both, the department shall bear the costs of
   42  removing or relocating that utility facility. However, the
   43  department is not responsible for bearing the cost of removing
   44  or relocating any subsequent additions to that facility for the
   45  purpose of serving others.
   46         (e) If, under an agreement between a utility and the
   47  authority entered into after the effective date of this
   48  subsection, the utility conveys, subordinates, or relinquishes a
   49  compensable property right to the authority for the purpose of
   50  accommodating the acquisition or use of the right-of-way by the
   51  authority, without the agreement expressly addressing future
   52  responsibility for the cost of removing or relocating the
   53  utility, the authority shall bear the cost of removal or
   54  relocation. This paragraph does not impair or restrict, and may
   55  not be used to interpret, the terms of any such agreement
   56  entered into before the effective date of this paragraph.
   57         (f) If the utility is an electric facility being relocated
   58  underground in order to enhance vehicular, bicycle, and
   59  pedestrian safety and in which ownership of the electric
   60  facility to be placed underground has been transferred from a
   61  private to a public utility within the past 5 years, the
   62  department shall incur all costs of the relocation.