Ditchmen • NUCA of Florida Ditchmen • February 2017 | Page 15

2017 LEGISLATIVE HORIZON FOR THE CONSTRUCTION INDUSTRY

by Kari Hebrank , Vice President , NUCA of FL
To many of us in the process , it feels like we are already in the midst of a full-blown legislative session , even though we have only experienced committee weeks to date . The freshmen lawmakers are eager to make their mark and the veterans have swiftly moved into action to get their bills heard . Lobbyists have been scurrying about to wrap up bill sponsors and co-sponsors and get their clients ’’ priorities on committee agendas . NUCA of Florida has been in the center of drafting and promoting many of the bills outlined below and continues to work diligently to protect your interests and your business .
A . Workers Compensation : SB ( TBD ) by Bradley / HB ( TBD ) by Boyd Perhaps one of the most critical issues for the construction industry this Session is reforming the workers compensation system . Although no official bills have “ popped ” yet , legislation is in the works in both chambers to address the recent court cases and increased rates in our state ’ s workers compensation system . Be assured NUCA
of Florida is involved with the business groups working towards resolution , but the trial bar is equally working against us on any changes to attorneys ’ fee provisions .
B . Underground Facilities Damage Prevention : SB 446 by Passidomo / HB 379 by Leek In order to address Pipeline Hazardous Materials & Safety Act requirements , these bills amend Florida ’ s “ Underground Facility Damage Prevention & Safety Act ” in the following ways :
1 . Requires the Sunshine 811 board of directors , in its annual progress report on the participation by local governments in the one-call notification system , to include ( 1 ) a summary of the damage reporting data received by the system for the preceding year and ( 2 ) any analysis of the data by the board ;
2 . Requires an excavator that causes the contact with or damage to any pipe or other underground facility to immediately report the contact or damage by calling 911 if any natural and other gas or hazardous liquid regulated by the Pipeline and Hazardous Materials Safety Administration ( PHMSA ) has escaped ;
3 . Requires member operators , after being notified by an excavator that causes damage to a pipe , cable , or protective covering , to file a report with the one-call system on an annual basis , with a deadline of March 31 each year for all reports from the prior calendar year , or more frequently at the option and sole discretion of the member operator ; requiring such reports to include , if known , the cause , nature , and location of the damage ; and
4 . Provides that if a citation is issued by a state law enforcement officer , 80 percent of the civil penalty collected by the clerk of the court will be distributed to the government entity whose employee issued the citation .
C . Open Competition : SB 534 by Perry / HB 599 by Williamson This legislation prohibits local governments from imposing restrictive provisions as part of public works contracts . The bills specify the state or any political subdivision that contracts for a public works project may not require that a contractor , subcontractor , or material supplier or carrier engaged in such project :
1 . Pay employees a

NUCA OF FLORIDA

FEBRUARY 2017 • DITCHMEN 15