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Daily Legislative Brief from February 24, 2016

Property Rights

SB 416-Relating to Location of Utilities
On Wednesday, February 24th, SB 416, relating to the Location of Utilities, by Senator Anitere Flores (R-Miami) was substituted for its House companion bill, HB 461, read for a third time on the House floor and passed by a vote of 109 yeas to 4 nays.

SB 416 will address who is the responsible party for the cost of relocating utility facilities in a public easement. Easements dedicated to the public for utilities are typically located along existing road or highway rights-of-way and are available for use by a variety of utility providers. The bill flips the responsibility to bear relocation costs from the utility owner to the state or local government requiring the facilities to be relocated. The owner of a utility that requires relocation will be liable for relocation costs only if their lines and facilities are across, on or “within” the right-of-way, rather than “along” any right-of-way.

SB 416 will now go to Governor Scott’s desk to be signed into law.

AIF supports protecting the private property rights of Florida businesses.