Resolution 2019-31103 RESOLUTION NO 2019-31103
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA
LEGISLATURE TO REPEAL THE STATE LAW PREEMPTION
OF LOCAL GOVERNMENTS REGULATING THE PAINT OR
OTHER MARKINGS USED TO IDENTIFY UNDERGROUND
FACILITIES OR, ALTERNATIVELY, PROVIDE LOCAL
GOVERNMENTS GREATER ABILITY TO REGULATE THE
PAINT OR OTHER MARKINGS USED TO IDENTIFY
UNDERGROUND FACILITIES; DIRECTING THE CITY'S STATE
LOBBYISTS TO ADVOCATE FOR THE ACTIONS DESCRIBED
IN THIS RESOLUTION; AND AUTHORIZING AND DIRECTING
THE CITY ADMINISTRATION TO AMEND THE CITY'S 2020
STATE LEGISLATIVE AGENDA TO INCLUDE THIS ITEM.
WHEREAS, from time to time the public right-of-way and other facilities in various parts
of the City of Miami Beach (the "City") are painted with dotted or dashed lines used to identify
underground facilities in relation to excavation and demolition activities ("utility markings"); and
WHEREAS, such utility markings can disrupt the aesthetic harmony within communities
across the City, and have the potential to interfere with traffic or pedestrian control; and
WHEREAS, the Underground Facility Damage Prevention Act Section 556.101, et seq.,
Florida Statutes, (the"Act"), establishes a notification system that provides member operators, as
defined in the Act, an opportunity to identify and locate their underground facilities, and further
provides access to excavating contractors and the public to provide notice of their intent to engage
in excavation or demolition activities; and
WHEREAS, Section 556.101(d), Florida Statutes, reserves to the state the power to
regulate any subject matter addressed therein, and precludes municipalities, counties, districts,
and otherlocal government entities from adopting or enforcing ordinances or rules that conflict
with the Act, or that prescribe any of the following: (1) require operators of underground facilities
to obtain permits from local governments in order to identify underground facilities; (2) require
pre-marking or marking; (3) specify the types of paint or other marking devices that are used to
identify underground facilities; (4) require removal of marks; and
WHEREAS, Section 556.105(5)(a), Florida Statutes, provides that where member
operators determine that proposed excavation or demolition activities could affect their
underground facilities, the member operators shall identify the horizontal routes of their
underground facilities "by the use of stakes, paint, flags, or other suitable means"; and
WHEREAS, Section 556.114(4), Florida Statutes, provides that under certain
circumstances an excavator is required to pre-mark the proposed area of excavation "using flags
or stakes or temporary, non-permanent paint or other industry-accepted low-impact marking
practices" before a member operator is required to identify the horizontal route of its underground
facility in the proximity of any excavation; and
WHEREAS, the Act neither specifies the type of paint to be used by member operators,
nor defines "temporary, nonpermanent paint" to be used by excavators; and
WHEREAS, the Act contains no clear mechanism for local government entities to be able
to ensure that utility markings are created with paint that is actually and reasonably temporary
and nonpermanent; and
WHEREAS, increasingthe ability of local governments to regulate utility markings would
place more local control over the aesthetics of local streets and sidewalks; and
WHEREAS, as such, the Mayor and City Commission urge he Florida Legislature to
repeal the state law preemption of local governments regulating the paint or other markings used
to identify underground facilities or, alternatively, provide local governments greater ability to
regulate the paint or other marking used to identify underground facilities ("utility markings"), by
including, but not limited to: (1) defining "temporary, non-permanent paint" as used in section
556.114(4), Florida Statutes,to ensure the paint used in utility markings is actually and reasonably
temporary and non-permanent; (2) requiring that should member operators choose to use paint
to mark the horizontal lines of their underground facilities as provided for in section 556.105(a),
Florida Statutes, that they must use paint that is actually and reasonably "temporary, non-
permanent paint"; and (3) creating a clear enforcement mechanism that would allow local
governments the ability to ensure that paint used for utility markings is actually and reasonably
temporary.
WHEREAS, the Mayor and City Commission further direct the City's state lobbyists to
advocate for the actions described in this Resolution, and authorize and direct the Administration
to amend the City's 2020 State Legislative Agenda to include this item; and
WHEREAS, finally, the Mayor and City Commission direct the City Clerk to transmit a
certified copy of this Resolution to the Governor, Senate President, House Speaker, and the Chair
and members of the Miami Beach State Legislative Delegation.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City
Commission hereby urge the Florida Legislature to repeal the state law preemption of local
governments regulating the paint or other markings used to identify underground facilities or,
alternatively, provide local governments greater ability to regulate the paint or other markings
used to identify underground facilities; direct the City's state lobbyists to advocate for the actions
described in this Resolution; and authorize and direct the City Administration to amend the City's
2020 State Legislative Agenda to include this item.
PASSED AND ADOPTED this I! day of DQCembe(, 201 ,
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ATTEST:
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Dan Gelber, Mayor
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Rafael E. Granado, bitY Clerk
(Sponsored by Commissioner Ricky Arriola) =�? . y'',,,
' APPROVED AS TO
1;11itOR MTED FORM & LANGUAGE
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City Attorney0((1( Date
Resolutions - R7 E
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Raul J.Aguila, City Attorney
DATE: December 11, 2019
SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, URGING THE FLORIDA LEGISLATURE TO
REPEAL THE STATE LAW PREEMPTION OF LOCAL GOVERNMENTS
REGULA TING THE PAINT OR OTHER MARKINGS USED TO IDENTIFY
UNDERGROUND FACILITIES OR, ALTERNATIVELY, PROVIDE LOCAL
GOVERNMENTS GREATER ABILITY TO REGULATE THE PAINT OR
OTHER MARKINGS USED TO IDENTIFY UNDERGROUND FACILITIES;
DIRECTING THE CITY'S STATE LOBBYISTS TO ADVOCATE FOR THE
ACTIONS DESCRIBED IN THIS RESOLUTION; AND AUTHORIZING AND
DIRECTING THE CITY ADMINISTRATION TO AMEND THE CITY'S 2020
STATE LEGISLATIVE AGENDA TO INCLUDE THIS ITEM.
ANALYSIS
Pursuant to the request of Commissioner Ricky Arriola, the attached Resolution is submitted for
consideration by the City Commission
Applicable Area
Citywide
Is this a Resident Right to Does this item utilize G.O.
Know item? Bond Funds?
No No
Legislative Tracking
Office of the City Attorney
Sponsor
Commissioner Ricky Arriola
ATTACHMENTS:
Description
o Resolution
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