CopyCited 10 times | Published | Florida 5th District Court of Appeal | 2003 Fla. App. LEXIS 18395, 2003 WL 22867638
...ory claim for its own statutory damages. Southland urges on appeal that its suit is distinguishable from all the authorities in other jurisdictions we have cited because of Florida's Underground Facility Damage Prevention and Safety Act ["the Act"]. § 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 property and the interruption of services ...". § 556.101(3)(a), Fla....
...This reading seems most consistent with the expression of legislative intent to: Aid the public by preventing injury to persons or property and the interruption of services resulting from damage to an *1038 underground facility caused by excavation or demolition operations. 556.101(3)(a), Fla....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit
...indemnification. The plaintiff, Peoples Gas System (“PGS”), sues the defendant
construction company, Posen Construction, Inc. (“Posen”), for damages under the
Florida Underground Facility Damage Prevention and Safety Act (“the Act”).
Fla. Stat. § 556.101–106....
...In the district court’s
view, even the most generous precedent seemed limited to recovering costs
relating to equipment damage or personal injury, which dovetailed with the
codified legislative intent that the statute’s purpose was more preventative than
remedial in nature. Fla. Stat. § 556.101....
CopyCited 5 times | Published | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 68169, 2011 WL 2448924
...ould have been entitled to recover in an action under Florida law. Plaintiffs have moved to certify the following class: All excavators or excavating contractors within the meaning of the Underground Facility Damage Prevention and Safety Act, F.S.A. § 556.101 et seq., who paid a bill from BellSouth for the cost of repairing damage to its underground facilities in Florida during the period from June 28, 2003 through the date of certification....
...members of Sunshine State One-Call of Florida, Inc. (“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)....
...Plaintiffs’ Motion for Class Certification (Doc. 131) is GRANTED. A. The Court hereby certifies the following class under Rule 23(b)(3): i. All excavators or excavating contractors within the meaning of the Underground Facility Damage Prevention and Safety Act, F.S.A. § 556.101, ii....
CopyCited 2 times | Published | District Court, M.D. Florida | 2009 U.S. Dist. LEXIS 60076
...76, 78), Hinson's Motion for Partial Summary Judgment (Doc. 64) BellSouth's Response (Doc. 74) and BellSouth's Reply. (Doc. 84.) The Court heard oral argument on these motions May 12, 2009, the record of which is incorporated by reference. The Florida Underground Facility Damage Prevention and Safety Act, § 556.101, Florida Statutes ("Damage Prevention Act" or "the Act") was enacted in part to "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." Fla. Stat. § 556.101....
CopyCited 1 times | Published | District Court, M.D. Florida
...14; 15), Plaintiff filed a Request for Judicial Notice (Doc. 16) and Response to Posen's Motion to Dismiss (Doc. 17) on March 27, 2018. These matters are now ripe for review. BACKGROUND 3 This is an action under Florida's Underground Facility Damage Prevention and Safety Act, Fla. Stat, §§ 556.101 -106 (the "Act")....
...d the pipeline ahead of Posen's work. ( Id. at 4). In October 2010, Posen submitted a request to Sunshine One, which is a notification system by which excavators obtain the location of underground utilities before excavating. ( Id. at 8). Fla. Stat. § 556.101 (2)....
...The Court turns to Florida precedent to decide the issues before it. The Act was enacted, in part, to "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." § 556.101(3)(a)....
...And such a reading is consistent with the legislative intent to "[a]id 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." § 556.101(3)(a)....
CopyCited 1 times | Published | Florida 4th District Court of Appeal | 2005 WL 2086189
...The locate ticket also indicates the locate request is limited to a single property: 865 N.W. 50th Terrace. The City does not dispute this fact. Neither the limit of the request nor the extent of liability is changed by the fact that the water meter was on the property line. 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....
CopyAgo (Fla. Att'y Gen. 1998).
Published | Florida Attorney General Reports
A. Butterworth Attorney General RAB/tgh 1 Section
556.101(1), Fla. Stat. 2 Id. And see, s.
556.102(9)
CopyPublished | District Court, M.D. Florida | 2011 U.S. Dist. LEXIS 68466, 2011 WL 2455878
...Facts Because the facts of this case are set out in this Court's previous orders (Docs. 33, 97), this Order will provide only brief summary. 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....
CopyPublished | Supreme Court of Florida
...erent.
We also infer negligence-based liability from the subject matter
of the Act and from the nature of the duties that the Act imposes.
An express purpose of the Act is to “aid the public by preventing
injury to persons or property.” § 556.101(3)(a), Fla....
...necessarily render a statute ambiguous.” Nettles v. State,
850
So. 2d 487, 495 (Fla. 2003).
Section
556.106, the statute at issue in this case, is found
within the Florida Underground Facility Damage Prevention and
Safety Act (the Act), which was enacted in 1993. See §
556.101(1),
- 32 -
Fla....
...93-240, Laws of Fla. The Act was
enacted, in part, to “[a]id 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.” §
556.101(3)(a). The Act created a not-for-profit
corporation, Sunshine State One-Call of Florida, Inc., to act as a
clearing center for location of underground construction to avoid
damaging those improvements from further excavation. See
§§
556.101(2), (3)(b),
556.103, Fla....
...underground facilities in the area to be excavated. See §
556.104,
Fla. Stat. (2010). The intent of the Legislature was “to provide
access for excavating contractors and the public to provide
notification to the system of their intent to engage in excavation or
demolition.” §
556.101(2)....
...m they pertain
to and what is required are different. Further, the Legislature can
impose its own statutory requirements and liability that flows to
“[a]id the public by preventing injury to persons or property”
without requiring negligence. § 556.101(3)(a)....
CopyAgo (Fla. Att'y Gen. 1995).
Published | Florida Attorney General Reports
...ermitted use. Petroleum storage systems subject to regulation pursuant to chapter 376 are not considered underground facilities for the purposes of this act unless the storage system is located on a member operator's right-of-way or easement. 2 See, s. 556.101 , Fla. Stat. (1993). 3 Section 556.101 (3)(b), Fla. Stat. (1993). 4 Section 556.101 (3)(c), Fla....
...(1993), as "any person who furnishes or transports materials or services by means of an underground facility and who elects to participate as a member of the one-call notification center for any portion of the territory served by the person." 5 Section
556.104 , Fla. Stat. (1993). See also, s.
556.101 , Fla....
...489.531 (3)(a) and (d), Fla. Stat. (1993), authorizing a local code enforcement officer to issue a citation for any violation of the contractor's licensing act and providing that the act for which the citation is issued shall cease upon receipt of the citation. 17 Section 556.101 (3)(a), Fla....
CopyAgo (Fla. Att'y Gen. 1994).
Published | Florida Attorney General Reports
...urposes of chapter 119 , Florida Statutes, 20 and the records of the corporation and its board of directors are subject to the Public Records Law. Sincerely, Robert A. Butterworth Attorney General RAB/tgk 1 See, Ch. 93-240, Laws of Florida (1993). 2 Section
556.101 (2), Fla. Stat. (1993). 3 Section
556.102 (9), Fla. Stat. (1993). 4 Section
556.101 (3)(a), Fla. Stat. (1993). 5 Section
556.101 (3)(b), Fla. Stat. (1993). 6 Section
556.101 (3)(c), Fla....
...1983) (statute should be broadly construed to effect its remedial and protective purposes). 12 See, e.g., Times Publishing Company v. Williams,
222 So.2d 470 , 473 (Fla. 2d DCA 1969), and City of Miami Beach v. Berns,
245 So.2d 38 (Fla. 1971); and see, Op. Att'y Gen. Fla. 92-17 (1992). 13 See, s.
556.101 (2) and (3)(a), Fla....
