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811 DIG

2020 Dig Law Legislation Sent To Governor For Review; Could Become Law July 1

The 2020 Florida Legislature passed HB 1095 to amend the Underground Facility Damage Prevention and Safety Act, Chapter 556, Florida Statutes. On June 17, 2020 the legislation was presented to the Governor for review and - unless vetoed - will become effective July 1, 2020.

Expands the list of entities that may issue citations for violations of ch. 556, F.S., to include the State Fire Marshal, or its designated agent, and local fire chiefs.
Increases the maximum civil penalty (up to $2,500 plus court costs) for certain violations of ch. 556, F.S., that involve an underground pipe or facility transporting hazardous materials regulated by the U.S. DOT Pipeline and Hazardous Material Safety Administration (PHMSA). Eighty percent of the civil penalty must be distributed to the entity that issued the citation, and the clerk of court retains the remainder.
Requires each clerk of court to submit an annual report to the State Fire Marshal listing each citation issued for a violation of ch. 556, F.S., which was filed in that county during the preceding calendar year.
Defines the term “permanent marker” and establishes a criminal penalty for knowingly and willfully removing or damaging a permanent marker placed to identify the location of an underground facility.
Requires excavators and underground facility operators to transmit reports of incidents that involve highpriority subsurface installations (HPSI) for investigation by the State Fire Marshal, or its designated agent, who may issue a citation and impose a civil penalty for a violation of ch. 556, F.S., that it finds to be a proximate cause of the incident.
Upon collection, five percent of the civil penalty must be retained by the clerk of court, and the remainder must be distributed equally between Sunshine 811 (to fund damage-prevention education) and the State Fire Marshal (to fund programs that provide financial assistance to fire departments to procure equipment, supplies, and educational training designed to mitigate firefighter exposure to hazardous, cancer-causing chemicals).
Establishes a new violation for failure to comply with s. 556.105(5)(c), F.S., which requires an excavator to use increased caution when working within a tolerance zone, such as hand digging, pot holing, soft digging, vacuum methods, or other similar procedures.
Requires Sunshine 811 to review all reports made to the State Fire Marshal and all other complaints of alleged violations of ch. 556, F.S., to identify issues related to damage prevention and enforcement, and annually provide an analysis and recommendations to the Governor, President of the Senate, and Speaker of the House of Representatives.

TERMS and CONDITIONS

Length of term for residential posts is one year or until the listing is lost, cancelled, or the property is sold. For leases, until the property is leased. Any post not recovered, lost, stolen, or damaged beyond repair, is the financial responsibility of the agent and will be charged a replacement fee. Additionally, this applies to riders, flyer tubes, flyer boxes or any other material owned and supplied by ASAP Sign Posts. The replacement charge for each item is listed in the Pricing Sheet. Failure to pay for these items may result in notification to the Credit Bureau or turning the account over to a collection agency.

Our prices are listed on our web site to include secondary service charges (Trip charge). Orders for out lying areas may take up to 4 business days. Trip charges for orders to outlying areas, cities and towns are intended for the specific city, towns or area listed on the web site. If the install is outside of the normal service areas, additional charges may apply. Please contact ASAP Sign Posts for more information.

For trips made where posts are not allowed, or for homeowner refusal, you will be charged the original installment fee. ASAP Sign Posts installers will always use their best judgment and industry standards for post placement. If the agent requests a specific location it must be communicated in the order, and the spot must be clearly identified with paint, flags, or by measurement from a specific point. If you need your post reset or moved there will be an additional installment charge.

ASAP Sign Posts will not be responsible for any direct damage to irrigation lines, low voltage lighting cables as a result of ASAP Sign Posts installers. Care will always be given when installing the sign post, however ASAP Sign Posts will not install any sign post until "Call Before You Dig" has been out and marked the area to determine proximity of utility lines, the 48 hour guarantee will not apply until ASAP Sign Posts gets a clear to dig order from sunshine 811

ASAP Sign Posts is not responsible for lost or damage to any agent sign panels or riders while in storage or while at listing address. All damaged and missing signs will be noted and reported to the agent at time of removal. While your signs are in storage, we will do everything in our power to keep your advertising assets secure and damage free.

Upon notification of termination of service, ASAP Sign Posts will remove all posts effective the date of termination.

Agent Responsibilities

It is important when placing your order that you give us an exact street address for post installation. If an incorrect address is provided the agent will be responsible for the reset or reinstall. You must indicate the City and Zip code, Block and Named Streets, and identify the Two Major Crossroads, as well as directions to the property from the major crossroads. The agent must provide a gate code when ordering a post install in a gated community. If our installer arrives and cannot gain access, an additional trip fee will be charged. In addition, provide a detailed map and site marker for all vacant land or construction sites.

It is the agent’s responsibility to know city and homeowner association rules governing placement and color of posts and to communicate them to ASAP Sign Posts. Once a post is installed, it must remain at the listing address until an ASAP Sign Posts installer removes it. Removing a post or reinstalling a post at another listing constitutes a breech of agreement.

Directional Signs

Directional signs may be installed at the agents or brokers request. However, the agent or broker is responsible for ensuring that any permissions have been obtained to place the directional signs. Directional signs are installed at the agents and brokers own risk. Should complaints be received about installed directional signs ASAP Sign Posts will schedule a immediate removal, but the full installation cost will still apply regardless of the amount of time the sign was in place.

It should be noted that sometimes the city, county or state removes signs without notice and destroys them. Should this occur the requesting agent or broker would be responsible for the full cost of the lost sign post plus any flyer boxes or rider signs that are the property of ASAP Sign Posts. The agent or broker will also be liable for any fines or fees levied by any city, county or state authorities.

Billing

All posts must be paid for before installation. For billed accounts, payment is due within 10 days unless other arrangements are made. Past due accounts are subject to a late fee per install per the fee schedule. ASAP Sign Posts reserves the right to remove all posts without exception or notice if the account is past due. Customers will be responsible for all collection and legal fees. Delinquent accounts will be referred to a collection agency and notice will be sent to a credit reporting agency. Failure to keep account information current is a breech of terms and may result in removal of all posts. Reinstall will be at the agents additional expense.

Our Guarantee

ASAP Sign Posts guarantees standard residential post installs in our primary service areas will be completed within 24 hours beginning 7:00 am on the first day after we gets a clear to dig from sunshine 811. The 24 hour clock only runs on standard post installation and does not include non-standard posts. In the event of severe weather, road construction, Police incidents, major situations, or road closures, the install may be delayed until conditions improve.

POST SIZE and COLOR

ASAP Sign Posts provides an 8 foot post with a 4 foot arm or an 8 foot post with a 3 foot arm, built of pressure treated wood with a top track for displaying rider signs, spring clips or S hooks for hanging your company panel, and come freshly painted at the time of installation to present your company's sign panel in a prestigious manner. All posts can be provided in your companies branded colors or black, red, tan, teal, orange, white and blue. For special colors call 727-608-0874.