Florida Senate - 2011                                    SB 1934
       
       
       
       By Senator Evers
       
       
       
       
       2-01134A-11                                           20111934__
    1                        A bill to be entitled                      
    2         An act relating to utility right-of-way relocation;
    3         amending s. 337.403, F.S.; requiring utility owners to
    4         remove or relocate at their expense utilities that
    5         interfere with public roads or rail corridors;
    6         providing an exception if a local governmental entity
    7         acquires property where the utility was legally
    8         located prior to the acquisition; adding an exception
    9         for certain permits issued in 1972; providing for
   10         notice to utilities prior to commencement of work;
   11         requiring the initiation of removal by the utility;
   12         providing an effective date.
   13  
   14  Be It Enacted by the Legislature of the State of Florida:
   15  
   16         Section 1. Subsections (1) and (2) of section 337.403,
   17  Florida Statutes, are amended to read:
   18         337.403 Relocation of utility; expenses.—
   19         (1) When a Any utility that has heretofore or hereafter
   20  placed upon, under, over, or along any public road or publicly
   21  owned rail corridor that is found by the authority to be
   22  unreasonably interfering in any way with the convenient, safe,
   23  or continuous use, or the maintenance, improvement, extension,
   24  or expansion, of such public road or publicly owned rail
   25  corridor, the utility owner shall, upon 30 days’ written notice
   26  to the utility or its agent by the authority, initiate the
   27  removal or relocation of be removed or relocated by such utility
   28  at its own expense except as provided in paragraphs (a)-(h) (a)
   29  (f).
   30         (a) If the relocation of utility facilities, as referred to
   31  in s. 111 of the Federal-Aid Highway Act of 1956, Pub. L. No.
   32  627 of the 84th Congress, is necessitated by the construction of
   33  a project on the federal-aid interstate system, including
   34  extensions thereof within urban areas, and the cost of the
   35  project is eligible and approved for reimbursement by the
   36  Federal Government to the extent of 90 percent or more under the
   37  Federal Aid Highway Act, or any amendment thereof, then in that
   38  event the utility owning or operating such facilities shall
   39  relocate the facilities upon order of the department, and the
   40  state shall pay the entire expense properly attributable to such
   41  relocation after deducting therefrom any increase in the value
   42  of the new facility and any salvage value derived from the old
   43  facility.
   44         (b) When a joint agreement between the department and the
   45  utility is executed for utility improvement, relocation, or
   46  removal work to be accomplished as part of a contract for
   47  construction of a transportation facility, the department may
   48  participate in those utility improvement, relocation, or removal
   49  costs that exceed the department’s official estimate of the cost
   50  of the work by more than 10 percent. The amount of such
   51  participation shall be limited to the difference between the
   52  official estimate of all the work in the joint agreement plus 10
   53  percent and the amount awarded for this work in the construction
   54  contract for such work. The department may not participate in
   55  any utility improvement, relocation, or removal costs that occur
   56  as a result of changes or additions during the course of the
   57  contract.
   58         (c) When an agreement between the department and utility is
   59  executed for utility improvement, relocation, or removal work to
   60  be accomplished in advance of a contract for construction of a
   61  transportation facility, the department may participate in the
   62  cost of clearing and grubbing necessary to perform such work.
   63         (d) If the utility facility being removed or relocated was
   64  initially installed to exclusively serve the authority
   65  department, its tenants, or both, the authority department shall
   66  bear the costs of removing or relocating that utility facility.
   67  However, the authority department is not responsible for bearing
   68  the cost of removing or relocating any subsequent additions to
   69  that facility for the purpose of serving others.
   70         (e) If, under an agreement between a utility and the
   71  authority entered into after July 1, 2009, the utility conveys,
   72  subordinates, or relinquishes a compensable property right to
   73  the authority for the purpose of accommodating the acquisition
   74  or use of the right-of-way by the authority, without the
   75  agreement expressly addressing future responsibility for the
   76  cost of removing or relocating the utility, the authority shall
   77  bear the cost of removal or relocation. This paragraph does not
   78  impair or restrict, and may not be used to interpret, the terms
   79  of any such agreement entered into before July 1, 2009.
   80         (f) If the authority acquires property on which a utility
   81  is legally located, the authority shall bear the costs of
   82  removing or relocating that utility.
   83         (g) For any permit issued in 1972 by the department to any
   84  utility when the utility was in possession of the permitted
   85  property and transferred its interest to the department and if
   86  master agreements between the department and the utility were
   87  entered into before any permits were issued, the department
   88  shall pay for any relocation expenses affecting a compensable
   89  interest of the utility, notwithstanding any permit, statutory,
   90  or contractual language to the contrary. This paragraph applies
   91  only to utilities located on the Turnpike Homestead extension
   92  and if the utility transferred its interest to the department
   93  without compensation for future relocation expenses.
   94         (h)(f) If the utility is an electric facility being
   95  relocated underground in order to enhance vehicular, bicycle,
   96  and pedestrian safety and in which ownership of the electric
   97  facility to be placed underground has been transferred from a
   98  private to a public utility within the past 5 years, the
   99  department shall incur all costs of the relocation.
  100         (2) If such removal or relocation is incidental to work to
  101  be done on such road or publicly owned rail corridor, the notice
  102  shall be given at the same time the contract for the work is
  103  advertised for bids, or not less than 30 days prior to the
  104  commencement of such work by the authority.
  105         Section 2. This act shall take effect July 1, 2011.