Yes, but with certain stipulations. First, the excavator should contact Sunshine State One-Call to request a second notice be sent to the member operators. Second, a non-compliance form should be requested from the non-compliance department (non-compliance forms can also be found at the Sunshine 811 website). 556.105 (6)(a)(1), F.S., states “If a member operator has not located and marked its underground facilities within 48 hours, excluding days other than business days, after notification under the system, the excavator may proceed with the excavation, provided the excavator does so with reasonable care, and provided, further, that detection equipment or other acceptable means to locate underground facilities are used.” Using only hand tools to proceed with excavation is recommended, but is not necessarily a waiver from liability issues.
