Florida Statutes

Fla. Stat. § 556.106 (2025)

Liability of the member operator, excavator, and system.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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556.106 Liability of the member operator, excavator, and system.—

(1) There is no liability on the part of, and no cause of action of any nature shall arise against, the board members of the corporation in their capacity as administrators of the system.

(2)(a) If a person violates s. 556.105(1) or (6), and subsequently, whether by himself or herself or through the person’s employees, contractors, subcontractors, or agents, performs an excavation or demolition that damages an underground facility of a member operator, it is rebuttably presumed that the person was negligent. The person, if found liable, is liable for the total sum of the losses to all member operators involved as those costs are normally computed. Any damage for loss of revenue and loss of use may not exceed $500,000 per affected underground facility, except that revenues lost by a governmental member operator whose revenues are used to support payments on principal and interest on bonds may not be limited.

(b) If any excavator fails to discharge a duty imposed by this chapter, the excavator, if found liable, is liable for the total sum of the losses to all parties involved as those costs are normally computed. Any damage for loss of revenue and loss of use may not exceed $500,000 per affected underground facility, except that revenues lost by a governmental member operator whose revenues are used to support payments on principal and interest on bonds may not be limited.

(c) Obtaining information as to the location of an underground facility from the member operator as required by this chapter does not excuse any excavator from performing an excavation or demolition in a careful and prudent manner, based on accepted engineering and construction practices, and it does not excuse the excavator from liability for any damage or injury resulting from any excavation or demolition.

(3) If, after receiving proper notice, a member operator fails to discharge a duty imposed by this act and an underground facility of a member operator is damaged by an excavator who has complied with this act, as a proximate result of the member operator’s failure to discharge such duty, the excavator is not liable for such damage and the member operator, if found liable, is liable to such person for the total cost of any loss or injury to any person or damage to equipment resulting from the member operator’s failure to comply with this act. Any damage for loss of revenue and loss of use shall not exceed $500,000 per affected underground facility, except that revenues lost by a governmental member operator, which revenues are used to support payments on principal and interest on bonds, shall not be limited.

(4) If an owner of an underground facility fails to become a member of the corporation in order to use and participate in the system, as required by this act, and that failure is a cause of damage to that underground facility caused by an excavator who has complied with this act and has exercised reasonable care in the performance of the excavation that has caused damage to the underground facility, the owner has no right of recovery against the excavator for the damage to that underground facility.

(5) If, after receiving proper notification, the system fails to discharge its duties, resulting in damage to an underground facility, the system, if found liable, shall be liable to all parties, as defined in this act. Any damage for loss of revenue and loss of use shall not exceed $500,000 per affected underground facility, except that revenues lost by a governmental member operator, which revenues are used to support payments on principal and interest on bonds, shall not be limited.

(6) The system does not have a duty to mark or locate underground facilities and may not do so, and a right of recovery does not exist against the system for failing to mark or locate underground facilities. The system is not liable for the failure of a member operator to comply with the requirements of this chapter.

(7) An excavator or a member operator who performs any excavation with hand tools under s. 556.108(4)(c) or (5) is liable for any damage to any operator’s underground facilities damaged during such excavation.

(8) Any liability of the state, its agencies, or its subdivisions which arises out of this chapter is subject to the provisions of s. 768.28.

History.—s. 6, ch. 93-240; s. 810, ch. 97-103; s. 1, ch. 97-231; s. 6, ch. 97-306; s. 5, ch. 2002-234; s. 6, ch. 2006-138; s. 4, ch. 2010-100.

Notes of Decisions

Cited in 12 cases (3 in the last 5 years), 1999–2026 · leading case: James D. Hinson Elec. Contracting Co. v. BellSouth Telecomm., Inc., 642 F. Supp. 2d 1318 (M.D. Fla. 2009).

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James D. Hinson Elec. Contracting Co. v. BellSouth Telecomm., Inc., 642 F. Supp. 2d 1318 (M.D. Fla. 2009). · cites it 12× “” Fla. Stat. § 556.106 . The current posture of this case requires the Court to interpret this portion of the statute and determine whether Bell-South, as a matter of law, is entitled to recover general overhead and a claims processing charge pursuant to the statute.”

Peoples Gas Sys. v. Posen Constr., Inc., 931 F.3d 1337 (11th Cir. 2019). · cites it 3× “" Fla. Stat. § 556.106 (2)(a). Under the Act, the excavator is liable "for the total sum of the losses to all parties involved as those costs are normally computed.”

SOUTHLAND CONS., INC. v. Greater Orlando Aviation, 860 So. 2d 1031 (Fla. 5th DCA 2003). · cites it 5× “Section 556.106(3), Florida Statutes, states: *1037 If, after receiving proper notice, a member operator [3] fails to discharge a duty imposed by the provisions of this act and an underground facility of such member operator is damaged by an excavator who has complied with the…”

Coastal Conduit & Ditching, Inc. v. Noram Energy Corp., 29 S.W.3d 282 (Tex. App. 2000). · cites it 2× “2d DCA 1999) (citing § 556.106(3), Fla. Stat. (1995)). 4 Unlike the Illinois and Florida statutes, the federal regulations upon which Coastal Conduit relies do not provide for a private cause of action for negligence.”

Peoples Gas Sys. v. Posen Constr., Inc., 323 F. Supp. 3d 1362 (M.D. Fla. 2018). · cites it 5× “Now, PGS sues Posen under § 556.106(2)(a) and makes an alternative claim for statutory indemnity under the Act.”

Excavation Tech., Inc. v. Columbia Gas Co. of Pennsylvania, 936 A.2d 111 (Pa. Super. Ct. 2007). · cites it 2× “at 481 (citing § 556.106(3), Fla. Stat. (1995)). On appeal, the Florida Appeals Court for the Second Circuit, in a one paragraph opinion, summarily concluded that the clear language of section 556.”

Bifulco v. Patient Bus. & Fin. Servs., Inc., 39 So. 3d 1255 (Fla. 2010). · cites it 2× “, § 556.106(2)(a), Fla. Stat. (2004) (“Any liability of the state and its agencies and its subdivisions which arises out of this chapter shall be subject to the provisions of s.”

Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015). · cites it 2× “, § 556.106(2)(a), Fla. Stat. (2004) (‘Any liability of the state and its agencies and its subdivisions which arises out of this chapter shall be subject to the provisions of s.”

A & L UNDERGROUND, INC. v. City of Port Richey, 732 So. 2d 480 (Fla. 2d DCA 1999). · cites it 2× “As a result, A & L damaged underground utilities and incurred delay and repair costs. A & L sued Port Richey for statutory violations of chapter 556.”

Peoples Gas Sys., etc. v. Posen Constr., Inc., etc. (Fla. 2021). · cites it 63× “1 The question asks: Whether a member-operator has a cause of action under Fla. Stat. § 556.106 (2)(a)-(c) to recover damages (or obtain indemnification) from an excavator for payments to a third party for personal injuries related to the excavator’s alleged violation of the…”

Dulcio v. Env't Prot. Agency (S.D. Fla. 2023). · cites it 6× “” Fla. Stat. § 556.106 (2)(a). An “excavation” is defined as “any manmade cut, cavity, trench, or depression in the earth's surface, formed by removal of earth, intended to change the grade or level of land, or intended to penetrate or disturb the surface of the earth .”

Louise Haddad v. Lyft Florida, Inc. (Fla. 4th DCA 2026). · cites it 2× “”); § 556.106(1), Fla. Stat. (2022) (“There is no liability on the part of, and no cause of action of any nature shall arise against, the board members of the corporation .”

— 556.106(1) — 2 cases

Louise Haddad v. Lyft Florida, Inc. (Fla. 4th DCA 2026). “”); § 556.106(1), Fla. Stat. (2022) (“There is no liability on the part of, and no cause of action of any nature shall arise against, the board members of the corporation .”

Peoples Gas Sys., etc. v. Posen Constr., Inc., etc. (Fla. 2021). “1 The question asks: Whether a member-operator has a cause of action under Fla. Stat. § 556.106 (2)(a)-(c) to recover damages (or obtain indemnification) from an excavator for payments to a third party for personal injuries related to the excavator’s alleged violation of the…”

— 556.106(2) — 1 case

— 556.106(2)(a) — 6 cases

Peoples Gas Sys. v. Posen Constr., Inc., 323 F. Supp. 3d 1362 (M.D. Fla. 2018). “Now, PGS sues Posen under § 556.106(2)(a) and makes an alternative claim for statutory indemnity under the Act.”

Bifulco v. Patient Bus. & Fin. Servs., Inc., 39 So. 3d 1255 (Fla. 2010). “, § 556.106(2)(a), Fla. Stat. (2004) (“Any liability of the state and its agencies and its subdivisions which arises out of this chapter shall be subject to the provisions of s.”

James D. Hinson Elec. Contracting Co. v. BellSouth Telecomm., Inc., 642 F. Supp. 2d 1318 (M.D. Fla. 2009). “” Fla. Stat. § 556.106 . The current posture of this case requires the Court to interpret this portion of the statute and determine whether Bell-South, as a matter of law, is entitled to recover general overhead and a claims processing charge pursuant to the statute.”

Florida Carry, Inc. v. Univ. of Florida, 180 So. 3d 137 (Fla. 1st DCA 2015). “, § 556.106(2)(a), Fla. Stat. (2004) (‘Any liability of the state and its agencies and its subdivisions which arises out of this chapter shall be subject to the provisions of s.”

— 556.106(2)(b) — 1 case

— 556.106(2)(c) — 2 cases

Peoples Gas Sys. v. Posen Constr., Inc., 323 F. Supp. 3d 1362 (M.D. Fla. 2018). “Now, PGS sues Posen under § 556.106(2)(a) and makes an alternative claim for statutory indemnity under the Act.”

— 556.106(3) — 5 cases

SOUTHLAND CONS., INC. v. Greater Orlando Aviation, 860 So. 2d 1031 (Fla. 5th DCA 2003). “Section 556.106(3), Florida Statutes, states: *1037 If, after receiving proper notice, a member operator [3] fails to discharge a duty imposed by the provisions of this act and an underground facility of such member operator is damaged by an excavator who has complied with the…”

Coastal Conduit & Ditching, Inc. v. Noram Energy Corp., 29 S.W.3d 282 (Tex. App. 2000). “2d DCA 1999) (citing § 556.106(3), Fla. Stat. (1995)). 4 Unlike the Illinois and Florida statutes, the federal regulations upon which Coastal Conduit relies do not provide for a private cause of action for negligence.”

Excavation Tech., Inc. v. Columbia Gas Co. of Pennsylvania, 936 A.2d 111 (Pa. Super. Ct. 2007). “at 481 (citing § 556.106(3), Fla. Stat. (1995)). On appeal, the Florida Appeals Court for the Second Circuit, in a one paragraph opinion, summarily concluded that the clear language of section 556.”

A & L UNDERGROUND, INC. v. City of Port Richey, 732 So. 2d 480 (Fla. 2d DCA 1999). “As a result, A & L damaged underground utilities and incurred delay and repair costs. A & L sued Port Richey for statutory violations of chapter 556.”

— 556.106(5) — 2 cases

— 556.106(l)(a) — 1 case

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