Placement: Resolutions
Action Requested: Motion / Vote
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Resolution 23-R29, Authorizing the Implementation and Enforcement of the Underground Facility Damage Prevention and Safety Act
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Submitted By: Kevin R. Matyjaszek, Utility Systems Department Director
Strategic Plan Link: The City's Goal of high-quality infrastructure and facilities.
Executive Summary (General Business): The City continues to experience damage to its facilities due to contractor’s negligent acts during excavation and related activity, including the failure to “call-in” a locate using 8-1-1, as required by State law. The Underground Facility Damage Prevention and Safety Act, found in Chapter 556, Florida Statutes (the “Act”) authorizes a method of enforcement to protect underground facilities, including water and wastewater facilities.
Presentation Information: 15 min.
Staff Recommendation: Move that the Council complete the motion in the affirmative.
Alternate Recommendations:
1. Move that the Council amend the recommendation and complete the motion in the affirmative.
2. Move that the Council not approve and provide staff with direction.
Background: The City received 50,483 locate tickets in 2021, 35,840 locate tickets in 2020 and 20,838 in 2019. In 2021, 46 contractor “hits” resulted in damage (that the city knows about). The Utility Systems Department (“USD”) began tracking the damage claims in February 2021. Eight USD employees cover the Utility service area, locating City facilities before an excavator performs work.
Issues/Analysis: Pursuant to the Act, an excavator who commits a noncriminal infraction may be required to pay a civil penalty of $500- $2,500 plus court costs for each infraction. The city employee, upon inspection of a damaged site, would issue a citation to the violator. The city may require an excavator to cease work on any excavation or not start a proposed excavation until there has been compliance with the Act. The USD recommends:
1. Dedicating a USD employee to inspect, investigate, and enforce violations of the Act.
2. The employee, upon inspection of a damaged site, would issue a citation to the violator.
3. The violator may pay the fine or contest the violation before a County Court Judge.
Financial Information: The violator may pay the fine ($500 per violation) or contest the violation before a County Court Judge. Once payment is made, per the Act, 80% of the civil penalty collected by the Clerk of the Court is distributed to the city. The USD recommends the funds received by the city be distributed to the USD to cover the costs incurred by staff in investigating the violations.
Special Consideration: Damage to any underground facilities can result in a disruption to vital services. Per the Act, the City is not required to incorporate any provisions of the Act into it’s code of ordinances.
Location of Project: Utility Service Area
Attachments: 1. Memo to City Manager, 2. Chapter 556, Florida Statutes 3. Resolution Authorizing Implementation and Enforcement of the Act
NOTE: All of the listed items in the “Attachment” section above are in the custody of the City Clerk. Any item(s) not provided in City Council packets are available upon request from the City Clerk.
Internal Reference Number: 8222
Legal Sufficiency Review:
Reviewed by Elizabeth L. Hertz, Senior Deputy City Attorney. Approved as to Legal form and sufficiency by James D. Stokes, City Attorney.