House Bill 1929
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1929
By Representative R. Diaz de la Portilla
1 A bill to be entitled
2 An act relating to explosives; creating s.
3 552.095, F.S.; prohibiting the Division of
4 State Fire Marshal of the Department of
5 Insurance from issuing a user license to an
6 applicant who has not demonstrated financial
7 responsibility; authorizing the division to
8 prescribe by rule the amount of financial
9 responsibility within specified limits;
10 prescribing manner of establishing financial
11 responsibility; authorizing a civil suit to
12 obtain payment of damages from a guarantor of a
13 user's financial responsibility; prescribing
14 rights of a guarantor in such proceeding;
15 amending s. 552.13, F.S.; requiring the
16 division to adopt rules prescribing a distance
17 from a residential area within which explosives
18 may not be used; amending s. 552.161, F.S.;
19 providing for injunctive relief; authorizing
20 the division to bring a civil action to recover
21 a civil penalty for violation of a rule
22 prohibiting the use of explosives within a
23 prescribed distance from a residential area;
24 providing an effective date.
25
26 Be It Enacted by the Legislature of the State of Florida:
27
28 Section 1. Section 552.095, Florida Statutes, is
29 created to read:
30 552.095 User financial responsibility.--
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Florida House of Representatives - 2000 HB 1929
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1 (1) An applicant for a user license must provide to
2 the division proof of financial responsibility in an amount
3 determined by rule of the division not to exceed $1 million,
4 and based upon the extent and duration of the use of
5 explosives.
6 (2) A user may establish financial responsibility by
7 means of cash, a trust fund, surety bond, a letter of credit,
8 casualty insurance, a financial test, corporate guaranty, or a
9 combination thereof. The financial responsibility must be
10 maintained until the division determines that the explosive
11 activity has been completed.
12 (3) Any person who is injured or whose property is
13 damaged by a user's use of explosives may initiate a civil
14 action for payment of damages from the guarantor of the user's
15 financial responsibility.
16 (4) When a user is in bankruptcy, reorganization, or
17 arrangement under the Federal Bankruptcy Code, or when with
18 reasonable diligence, jurisdiction in any state court or
19 federal court cannot be obtained over a user likely to be
20 solvent at the time of judgment, any claim arising from
21 conduct for which evidence of financial responsibility must be
22 provided under this section may be asserted directly against
23 the guarantor providing such evidence of financial
24 responsibility. In any action under this section, such
25 guarantor may invoke all rights and defenses that would have
26 been available to the user had the action been brought against
27 the user by the claimant or that would have been available to
28 the guarantor had the action been brought against the
29 guarantor by the user. The total liability of any guarantor is
30 limited to the aggregate amount that the guarantor has
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Florida House of Representatives - 2000 HB 1929
737-102-00
1 provided as evidence of financial responsibility to the user
2 under this section.
3 Section 2. Section 552.13, Florida Statutes, is
4 amended to read:
5 552.13 Promulgation of regulations by the Division of
6 State Fire Marshal.--The division shall make, promulgate, and
7 enforce regulations setting forth minimum general standards
8 covering manufacture; transportation other than on a public
9 street, road, or highway (including loading and unloading);
10 use; sale; handling; and storage of explosives. The division
11 shall adopt rules prescribing a distance from a residential
12 area within which explosives may not be used. Said regulations
13 shall be such as are reasonably necessary for the protection
14 of the health, welfare, and safety of the public and persons
15 possessing, handling, and using such materials and shall be in
16 substantial conformity with generally accepted standards of
17 safety concerning such subject matters. Such regulations
18 shall be adopted by the division pursuant to the provisions of
19 chapter 120.
20 Section 3. Section 552.161, Florida Statutes, is
21 amended to read:
22 552.161 Administrative fines; injunctive relief; civil
23 penalty.--
24 (1) If any person violates any provision of this
25 chapter or any rule or regulation adopted pursuant thereto, or
26 violates a cease and desist order, the division may impose an
27 administrative fine, not to exceed $1,000 for each violation
28 except as provided in subsection (3), or suspend or revoke the
29 license or permit issued to such person. The division may
30 allow the licensee or permittee a reasonable period, not to
31 exceed 30 days, within which to pay to the division the amount
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Florida House of Representatives - 2000 HB 1929
737-102-00
1 of the penalty so imposed. If the licensee or permittee fails
2 to pay the penalty in its entirety to the division at its
3 office in Tallahassee within the period so allowed, the
4 licenses or permits of the licensee or permittee shall stand
5 revoked upon expiration of such period.
6 (2) The division or any substantially affected person
7 may bring a civil action in a court of competent jurisdiction
8 to seek injunctive relief to enforce compliance with this
9 chapter or with rules adopted under this chapter.
10 (3) The division may bring a civil action in a court
11 of competent jurisdiction to impose and recover a civil
12 penalty of up to $15,000 per day for a violation of a rule
13 prohibiting the use of explosives within a prescribed distance
14 from a residental area.
15 (4)(2) All such fines, monetary penalties, and costs
16 received by the division in connection with this chapter shall
17 be deposited in the Insurance Commissioner's Regulatory Trust
18 Fund.
19 Section 4. This act shall take effect July 1, 2000.
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22 SENATE SUMMARY
23 Provides that an applicant for a user license to use
explosives must provide to the Division of State Fire
24 Marshal of the Department of Insurance proof of financial
responsibility in an amount set by the division not to
25 exceed $1 million. Provides means of providing financial
responsibility. Authorizes a civil action against the
26 guarantor of a user's financial responsibility for
damages. Authorizes a claim against a guarantor under
27 certain circumstances. Prescribes rights of a guarantor
in such a proceeding. Authorizes the division to adopt
28 rules prescribing a distance from a residential area
within which explosives may not be used. Provides
29 authority for the division or any interested person to
bring an action for injunctive relief. Authorizes the
30 division to bring a civil action to recover a civil
penalty for a division rule prohibiting the use of
31 explosives within a prescribed distance from a
residential area.
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