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Daily Legislative Brief from February 9, 2016

Property Rights

HB 461- Relating to Location of Utilities
On Tuesday, February 9th, HB 461, relating to Location of Utilities, by Rep. Clay Ingram (R-Pensacola) was heard in the House Appropriations Committee and passed with only 1 nay vote. AIF’s General Counsel, Tammy Perdue, stood in support of this bill.

HB 461 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.

This bill will now head to the House floor for consideration.

AIF supports protecting the private property rights of Florida businesses.