04/05/2016 (2) - Laserfiche WebLink

Home Browse Search

6.3 LOCATION OF UTILITIES (SB 416 & HB 461) Bac�oun& Historically, absent an agreement providing otherwise, utility companies generally have been required to pay for the relocation of a utilit , line or facility whenever such relocation is necessary for the use, maintenance, improvement, extension, or expansion of a public road, highwa}�, or publicly owned rail corridor. In 2014 the Florida Second District � Court of Appeal held that a utility is required to pay to move its utility lines from one public utihty easement to another public utility easement as part of a city's road construction project (Lee Count , Electric• Coop. Inc. a Cite of Cape Coral, Case No. 2D10-3781, H. 2nd Dist. Ct. App[ 2014). In that case, the court held that the local electric utility was responsible for relocation costs toy move power lines from an easement that had been created by recorded plat, referencing s. 337.403(1), F.S., which requires a utility, upon 30 days notice, to remove any lines or facilities "placed upon, under, over, or along ary public road or publicly owned rail corridor" that is found by the author- ity to bel"unreasonably interfering" with the use, expansion, improvement, or maintenance of the thor- oughfare. In 2015, the County opposed SB 896, which would have, among other things, revised the statute to specify that the utility lines must be uithin the right of way (as opposed to alongside it) in order for the utility to;be liable for relocation costs, but the bill did not make it through the legislative process. Legislation: The bill as originally filed revised the responsibility to bear relocation costs from the utili- ty owner to the state or local government when the utility lines are located within public rights-of-way. This effectively would have shifted the costs currently borne by the utility company to taxpayers. Indi- an River County opposed this legislation because the majority of the utility lines within the Countv are within public right-of-ways. Amended The legislation was amended very early in the process to only require local governments to be responsible for the costs associated with relocating utility lines when they are located in public utili- ty easements that run along local government rights-of-way. Considering 95% of the utility facilities within Indian River County fall within the public right-of-way, and not public utility easements, the County took a neutral position on the legislation. I Effective: This legislation was signed into law by the Governor on March 10, 2016. This legislation is effective i upon becoming law. 6.4 CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY FOR LIFE SUPPORT OR AIR AMBULANCE SERVICE (SB 742 & HB 517) Background.In Florida, pre -hospital emergency medical services are divided into two categories; Basic Lifel Support Services (BLS) or Advanced Life Support Services (ALS), the former involving non -invasive medical care to preserve a patient's vital signs, and the latter involving more invasive tech- niques (medications, intravenous fluids, etc.). An EMT or other first responder expected to provide either form of care must be licensed by the state's Department of Health. In order to be licensed, a Certificate of Public Convenience and Necessity (COPCN) must be granted to the applicant by the counties in which the applicant is planning to work. Even though it is a mandatory pre -requisite to ob- taining DOH licensure, under current law counties are allowed, but not required, to issue COPCNs and establish standards for the issuance of those certificates. 10 22