HB 907

1	A bill to be entitled
2	An act relating to Broward County; providing legislative
3	findings; providing conditions under which municipalities
4	may abandon existing easements and acquire new easements
5	by operation of law in order to provide better fire
6	protection service; providing duties of the municipality,
7	the municipal water utility, and the property owner in
8	such event; providing for a cause of action for failure to
9	restore property to its previous condition; specifying
10	conditions for implementation; providing an effective
11	date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  The Legislature finds that in Broward County
16	there are utility lines that have surpassed their useful life
17	and require replacement because the utility lines no longer
18	provide adequate water flow to fire hydrants to facilitate the
19	fighting and suppression of fires. Fire hydrants with adequate
20	water flow are crucial for fire safety and necessary for the
21	fire department to effectively fight and suppress fires, and
22	there is a great public interest in the capability of fire
23	hydrants to provide adequate water flow to facilitate the
24	fighting of fires. Municipal fire departments rely on water
25	utility providers to supply adequate and sufficient water flow
26	to fire hydrants in order to fight and suppress fires. There is
27	a compelling public interest in ensuring that fire hydrants
28	provide adequate water flow to enable fire rescue departments to
29	successfully fight and suppress fires and protect all of the
30	citizens of Broward County. Utility lines that supply water flow
31	eventually require replacement, and in many instances it is no
32	longer feasible to replace such utility lines in their present
33	locations due to the placement or construction of other
34	obstacles in the utility easements over time by the owners of
35	the property in which the easements lie.
36	Section 2.  If a municipality in Broward County that
37	provides water utility service to any location within Broward
38	County determines that an existing easement is inaccessible or
39	obstructed in such a fashion that it is not feasible to replace
40	the utility lines in the existing easement and:
41	(1)  The municipal water utility providing utility service
42	in Broward County determines that the utility lines must be
43	replaced in order to provide sufficient water flow for the
44	fighting and suppression of fires; and
45	(2)  The provider of the water utility service, after
46	consultation with the fire department that has jurisdiction
47	relating to the maintenance and use of the fire hydrants in the
48	location at issue, determines that the infrastructure in the
49	existing easement is no longer sufficient for providing water
50	flow to the hydrants,
51
52	the municipality may abandon the existing easement to the owners
53	of the various properties through which the easement runs. Such
54	abandonment shall, by operation of law, vest in the water
55	utility a similar easement of like size and kind in a location
56	that allows for the placement of new utility lines that will
57	provide the necessary water flow at the subject hydrants and
58	provide better fire protection service to the owners of the
59	property through which the abandoned easement runs.
60	Section 3.  In the event a municipality abandons an
61	easement as provided in section 2, the municipal water utility
62	shall also be responsible for obtaining from the municipality
63	and Broward County, where applicable, vacation of the easement
64	where the easement is recorded on county plats.
65	Section 4.  If a municipality abandons an easement and the
66	municipal water utility acquires a new easement by operation of
67	law as provided in section 2, the municipality shall be
68	responsible for restoring all private and public property to its
69	previous condition after the new utility lines are in place in
70	the new easement.
71	Section 5.  With the exception of a cause of action for
72	failure to restore the property to its previous condition, any
73	property owner who receives an abandoned easement and gives a
74	new easement by operation of law as provided in section 2 shall
75	not be entitled to damages or any other remedy of any nature at
76	law or at equity against the municipal water utility that
77	obtains a new easement. Under no circumstances shall obtaining a
78	new easement by operation of law as provided in this act be
79	accomplished to benefit any private party or parties.
80	Section 6.  This act may only be implemented to benefit the
81	public by protecting the citizens of Broward County who are
82	relying on outmoded utility infrastructure that is no longer
83	capable of providing adequate water flow to fire hydrants.
84	Section 7.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.