Florida Statutes

Fla. Stat. § 556.101 (2025)

Short title; legislative intent.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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556.101 Short title; legislative intent.—

(1) This chapter may be cited as the “Underground Facility Damage Prevention and Safety Act.”

(2) It is the intent of the Legislature to provide access for excavating contractors and the public to provide notification to the system of their intent to engage in excavation or demolition. This notification system shall provide the member operators an opportunity to identify and locate their underground facilities. Under this notification system, Sunshine State One-Call of Florida, Inc., is not required or permitted to locate or mark underground facilities.

(3) It is the purpose of this chapter to:

(a) Aid the public by preventing injury to persons or property and the interruption of services resulting from damage to an underground facility caused by excavation or demolition operations.

(b) Create a not-for-profit corporation comprised of operators of underground facilities in this state to administer this chapter.

(c) Fund the cost of administration through contributions from the member operators for services provided to the member operators and from charges made to others for services requested and provided, such as record searches, education or training, and damage prevention activities.

(d) Reserve to the state the power to regulate any subject matter specifically addressed in this chapter. Municipalities, counties, districts, or other local governments may not adopt or enforce ordinances or rules that conflict with this chapter or that prescribe any of the following:

1. Require operators of underground facilities to obtain permits from local governments in order to identify underground facilities.

2. Require premarking or marking.

3. Specify the types of paint or other marking devices that are used to identify underground facilities.

4. Require removal of marks.

(e) Permit any local law enforcement officer, local government code inspector, or code enforcement officer to enforce this chapter without the need to incorporate the provisions of this chapter into any local code or ordinance.

(f) Foster the awareness of federal laws and regulations that promote safety with respect to underground facilities, including, but not limited to, the Federal Pipeline Safety Act of 1968, as amended, the Pipeline Safety Improvement Act of 2002, OSHA Standard 1926.651, and the National Electric Safety Code, ANSI C-2, by requiring and facilitating the advance notice of activities by those who engage in excavation or demolition operations.

(4) It is not the purpose of this chapter to amend or void any permit issued by a state agency for placement or maintenance of facilities in its right-of-way.

History.—s. 1, ch. 93-240; s. 1, ch. 97-306; s. 1, ch. 2002-234; s. 1, ch. 2006-138; s. 1, ch. 2010-100.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 2003–2023 · leading case: James D. Hinson Elec. Contracting Co. v. BellSouth Telecomm., Inc., 275 F.R.D. 638 (M.D. Fla. 2011).

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James D. Hinson Elec. Contracting Co. v. BellSouth Telecomm., Inc., 275 F.R.D. 638 (M.D. Fla. 2011). · cites it 6× “(“One-Call”), the statutorily created corporation used to process claims for damage to underground facilities under the Florida Underground Facility Damage Prevention and Safety Act, Fla. Stat. § 556.101 (the Damage Prevention Act).”

Peoples Gas Sys. v. Posen Constr., Inc., 931 F.3d 1337 (11th Cir. 2019). · cites it 2× “Fla. Stat. § 556.101 -106. The Act permits utilities to recover damages when construction workers negligently damage utility lines.”

Peoples Gas Sys. v. Posen Constr., Inc., 323 F. Supp. 3d 1362 (M.D. Fla. 2018). · cites it 5× “Fla. Stat. § 556.101 (2). PGS alleges that Posen's request violated the Act because it failed to describe the specific areas for excavation, as required by the statute.”

SOUTHLAND CONS., INC. v. Greater Orlando Aviation, 860 So. 2d 1031 (Fla. 5th DCA 2003). · cites it 3× “§ 556.101 et seq. This statute essentially creates a not-for-profit corporation whose purpose is to create a sort of clearing house through which underground facilities operators and excavators can communicate about facility locations in order to prevent "injury to persons or…”

James D. Hinson Elec. Contracting Co. v. BellSouth Telecomm., Inc., 642 F. Supp. 2d 1318 (M.D. Fla. 2009). · cites it 3× “” Fla. Stat. § 556.101 . The Act requires that excavators give advance notice of their activities so member operators 1 can mark the locations of their underground lines and prevent accidental excavation damage to those lines.”

Martin v. Florida Power & Light Co., 909 So. 2d 555 (Fla. 4th DCA 2005). · cites it 2× “Section 556.101, Florida Statutes (1997), known as the Underground Facility Damage Prevention and Safety Act (UFDPSA), creates uniform statewide procedures for determining the existence of underground utilities prior to excavation.”

James D. Hinson Elec. Contracting Co. v. Bellsouth Telecomm., Inc., 796 F. Supp. 2d 1341 (M.D. Fla. 2011). · cites it 2× “This lawsuit arises out of actions taken pursuant to the Florida Underground Facility Damage Prevention and Safety Act, Fla. Stat. § 556.101 (the Damage Prevention Act), which establishes procedures for dealing with damage to underground utility lines caused by excavators.”

Peoples Gas Sys., etc. v. Posen Constr., Inc., etc. (Fla. 2021). · cites it 7× “See § 556.101(1), - 32 - Fla. Stat. (2010); see also ch.”

Dulcio v. Env't Prot. Agency (S.D. Fla. 2023). “Arcadis further argues that this statute was intended to govern underground pipes, wiring, waterlines, and similar utilities that allow transport and flow of materials or communications.”

— 556.101(1) — 1 case

Peoples Gas Sys., etc. v. Posen Constr., Inc., etc. (Fla. 2021). “See § 556.101(1), - 32 - Fla. Stat. (2010); see also ch.”

— 556.101(2) — 1 case

Peoples Gas Sys., etc. v. Posen Constr., Inc., etc. (Fla. 2021). “See § 556.101(1), - 32 - Fla. Stat. (2010); see also ch.”

— 556.101(3)(a) — 3 cases

SOUTHLAND CONS., INC. v. Greater Orlando Aviation, 860 So. 2d 1031 (Fla. 5th DCA 2003). “§ 556.101 et seq. This statute essentially creates a not-for-profit corporation whose purpose is to create a sort of clearing house through which underground facilities operators and excavators can communicate about facility locations in order to prevent "injury to persons or…”

Peoples Gas Sys. v. Posen Constr., Inc., 323 F. Supp. 3d 1362 (M.D. Fla. 2018). “Fla. Stat. § 556.101 (2). PGS alleges that Posen's request violated the Act because it failed to describe the specific areas for excavation, as required by the statute.”

Peoples Gas Sys., etc. v. Posen Constr., Inc., etc. (Fla. 2021). “See § 556.101(1), - 32 - Fla. Stat. (2010); see also ch.”

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