HomeMy WebLinkAboutR-07-0360City of Miami
Legislation
Resolution: R-07-0360
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
File Number: 07-00439 Final Action Date: 6/14/2007
A RESOLUTION OF THE MIAMI CITY COMMISSION URGING ALL COUNTY AND
MUNICIPAL MAYORS OF THE STATE OF FLORIDA, TO SPONSOR INDIVIDUAL
LEGISLATION ADDRESSED TO THE FLORIDA LEGISLATURE TO AMEND THE
EXISTING FLORIDA STATUTE, CHAPTER 556, ENTITLED "UNDERGROUND
FACILITY DAMAGE PREVENTION AND SAFETY," SECTION 556.105, ENTITLED
"PROCEDURES," TO REQUIRE EXCAVATORS AND/OR EXCAVATING
CONTRACTORS TO REMOVE INVALID UTILITY MARKINGS FROM THE
RIGHTS -OF -WAY UPON COMPLETION OF EXCAVATIONS AND/OR DEMOLITION
WORK; FURTHER URGING GOVERNOR CHARLIE CRISTAND THE MEMBERS
OF THE FLORIDA LEGISLATURE TO AMEND FLORIDA STATUTE, CHAPTER 556,
SECTION 556.107, ENTITLED "VIOLATIONS," TO ESTABLISH VIOLATIONS FOR
EXCAVATORS AND/OR EXCAVATING CONTRACTORS THAT DO NOT REMOVE
INVALID UTILITY MARKINGS; DIRECTING THE CITY CLERK TO TRANSMIT A
COPY OF THIS RESOLUTION TO THE OFFICIALS DESIGNATED HEREIN.
WHEREAS, the Florida Legislature created the "Sunshine State One -Call of Florida, Inc.," a
not -for -profit corporation to administer the provisions of Chapter 556, entitled "Underground Facility
Damage Prevention and Safety;" and
WHEREAS, said Chapter requires each operator of an underground facility in the State of Florida
("State") to be a member of the corporation and use and participate in the system; and
WHEREAS, Section 556.105, entitled "Procedures," requires that utility owners, excavators,
and/or excavating contractors place markings in the public rights -of -way when preparing to excavate
or demolish at a location; and
WHEREAS, said statute does not require the utility owner, excavator, or excavating contractor to
remove the markings upon completion of the work (excavation/demolition); and
WHEREAS, the markings create an aesthetic nuisance and markings that remain for longer than
the required 20 days cause confusion between new markings and old markings; and
WHEREAS, the following recommendations should be incorporated to Florida Statute 556,
Section 556.105, entitled "Procedures," to include: 1) a requirement for the excavator and/or
excavating contractor to remove the markings once the excavation/demolition is completed or if the
work is no longer needed; 2) a requirement for the excavator and/or excavating contractor to remove
the invalid markings that currently exist; and 3) a procedure under Section 556.107, entitled
"Violations," to address violations for excavators and/or excavating contractors that do not remove
invalid markings; and
WHEREAS, said section should create a procedure for non-compliance and violations using a
system that includes but is not limited to inspections and fines;
City of Miami
Page 1 of 2 File Id: 07-00439 (Version: 11 Printed On: 4/4/2017
File Number: 07-00439 Enactment Number: R-07-0360
NOW THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings set forth in the Preamble of this Resolution are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission urges all County and Municipal Mayors of the State to
sponsor individual legislation addressed to the Florida Legislature to amend the existing Florida
Statute, Chapter 556, entitled "Underground Facility Damage Prevention and Safety," Section
556.105, entitled "Procedures," to require excavators and/or excavating contractors to remove invalid
utility markings for the rights -of -way upon completion of excavations and/or demolition work.
Section 3. The Miami City Commission urges Governor Charlie Crist and the members of the
Florida Legislature to amend Florida Statute, Chapter 556, Section 556.105, entitled "Procedures," to
require excavators and/or excavating contractors to remove invalid utility markings for the
rights -of -way upon completion of excavations and/or demolition work, and Section 556.107, entitled
"Violations," to establish violations for excavators and/or excavating contractors that do not remove
invalid utility markings to create procedures for non-compliance and violations.
Section 4. The City Clerk is directed to transmit a copy of this Resolution to all County and
Municipal Mayors of the State of Florida, Governor Charlie Crist, the President of the Senate Ken
Pruitt, the Speaker of the House Marco Rubio, and to the members of the Florida Legislature.
Section 5. This Resolution shall become effective immediately upon its adoption and signature of
the Mayor. {1}
Footnotes:
{1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become
effective immediately upon override of the veto by the City Commission.
City of Miami Page 2 of 2 File Id: 07-00439 (Version: 11 Printed On: 4/4/2017