Can you dig it? Heather Fitzenhagen seeks fines for contractors who don’t call 811

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Calling prompts utilities to mark lines and avoid broken pipes.

It has been months since state Rep. Heather Fitzenhagen’s office handled a near-miss where a constituent nearly dug up their utilities.

Heading into the 2020 Legislative Session, she wants to make sure more calls don’t follow.

The Fort Myers Republican filed a bill (HB 1095) putting significant fines in place for digging without checking first.

“Florida is one of nine states that has not brought its regulations up to federal standards for safety,” she said. “Why wait until there’s a tragedy?”

The legislation will protect first responders, utility workers and ordinary citizens from injury and even death from preventable accidents, she said.

And she wants to use an existing service to streamline the process for citizens. Floridians can already access Sunshine 811 by calling 8-1-1 on their phones. That will prompt utility companies to come mark lines on properties to prevent digging accidents. That will also bring Florida into compliance with federal Pipeline and Hazardous Materials Safety Administration guidelines.

“When people fail to call 8-1-1, they’re putting their own lives and others’ lives at risk,” Fitzenhagen said. “We’ve seen many Americans injured and some even killed due to explosions that were caused by someone who dug underground and unknowingly ruptured a gas pipe. These accidents can be prevented, and that’s what this bill will do.”

Utility accidents can be particularly consequential when digging near natural gas lines. Excavation equipment, even a simple shovel, can break pipes and generate sparks to ignite flames.

Should Fitzenhagen’s bill become law, authorities will be able to fine parties from $500 to $2,500 for failure to call 811 before digging. Money will go to agencies enforcing the law and issuing citations. A review panel will also be established to evaluate any complaints and issues associated with prevention and enforcement.

Fitzenhagen’s bill is the House companion to legislation sponsored by Sen. Anitere Flores, who said, “We must protect our first responders and utility workers from accidents that are completely preventable. When individuals neglect to dial 8-1-1, they are putting others at risk, and unfortunately, we have seen serious injuries and deaths across the country from incidents with natural gas lines.

“SB 1464 provides accountability to ensure the safety of our communities. Calling 8-1-1 is simple, it’s free and it protects Floridians. We want everyone to call 8-1-1 before digging to avoid putting others in danger.”

An example of those dangers was outlined by Fitzenhagen’s office. In 2018, an accident in Sun Prairie, Wisconsin, resulted in a firefighter’s death. The Wisconsin State Journal reports the contractor responsible was fined $25,000 over the incident last year.

Similarly, a gas explosion in Murrieta, California, in 2019 killed a gas worker and injured 15 others, including three firefighters, as reported by the local ABC station.

Fitzenhagen worries similar headlines could be made here. Her office said major roads in Fort Myers were closed four times because construction crews struck utility lines. Nobody died in any instance, but hundreds were exposed to direct danger and thousands were inconvenienced.

Jacob Ogles

Jacob Ogles has covered politics in Florida since 2000 for regional outlets including SRQ Magazine in Sarasota, The News-Press in Fort Myers and The Daily Commercial in Leesburg. His work has appeared nationally in The Advocate, Wired and other publications. Events like SRQ’s Where The Votes Are workshops made Ogles one of Southwest Florida’s most respected political analysts, and outlets like WWSB ABC 7 and WSRQ Sarasota have featured his insights. He can be reached at [email protected].



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