Florida Senate - 2020 SB 1618 By Senator Diaz 36-01876A-20 20201618__ 1 A bill to be entitled 2 An act relating to construction materials mining 3 activities; amending s. 552.30, F.S.; providing 4 legislative findings; creating a pilot program within 5 the Division of State Fire Marshal to monitor and 6 report on the use of explosives in construction 7 materials mining activities in Miami-Dade County; 8 requiring the State Fire Marshal to hire or contract 9 with seismologists to monitor and report blasts 10 occurring in connection with construction materials 11 mining activities in Miami-Dade County and to post the 12 reports of the seismologists on the division’s 13 website; providing requirements for such 14 seismologists; requiring a person who engages in 15 construction materials mining activities in Miami-Dade 16 County to submit certain written notice relating to 17 the use of an explosive to the State Fire Marshal; 18 requiring the State Fire Marshal to adopt rules; 19 providing an appropriation; providing an effective 20 date. 21 22 Be It Enacted by the Legislature of the State of Florida: 23 24 Section 1. Section 552.30, Florida Statutes, is amended to 25 read: 26 552.30 Construction materials mining activities.— 27 (1) Notwithstanding the provisions of s. 552.25, the State 28 Fire Marshal shall have the sole and exclusive authority to 29 adopt
promulgatestandards, limits, and regulations regarding 30 the use of explosives used for in conjunction withconstruction 31 materials mining activities. Such authority to regulate use 32 shall include, directly or indirectly, the operation, handling, 33 licensure, or permitting of explosives and setting standards or 34 limits, including, but not limited to, ground vibration, 35 frequency, intensity, blast pattern, air blast and time, date, 36 occurrence, and notice restrictions. As used in this section, 37 the term “construction materials mining activities” means the 38 extraction of limestone and sand suitable for production of 39 construction aggregates, sand, cement, and road base materials 40 for shipment offsite by any person or company primarily engaged 41 in the commercial mining of any such natural resources. 42 (2) The State Fire Marshal shall establish statewide ground 43 vibration limits for construction materials mining activities 44 which conform to those limits established in the United States 45 Bureau of Mines, Report of Investigations 8507, Appendix B - 46 Alternative Blasting Level Criteria (Figure B-1). The State Fire 47 Marshal may, at his or her sole discretion, by rule or formal 48 agreement, delegate to the applicable municipality or county, 49 the monitoring and enforcement components of regulations 50 governing the use of explosives, as recognized in this section, 51 by construction materials mining activities. Such delegation may 52 include the assessment and collection of reasonable fees by the 53 municipality or county for the purpose of carrying out the 54 delegated activities. 55 (3) The State Fire Marshal is directed to conduct or 56 contract for a study to review whether the established statewide 57 ground vibration limits for construction materials mining 58 activities are still appropriate and to review any legitimate 59 claims paid for damages caused by such mining activities. The 60 study must include a review of measured vibration amplitudes and 61 frequencies, structure responses, theoretical analyses of 62 material strength and strains, and assessments of home damages. 63 (a) The study shall be funded using the specified portion 64 of revenues received from the water treatment plant upgrade fee 65 pursuant to s. 373.41492. 66 (b) The State Fire Marshal shall submit a report to the 67 Governor, the President of the Senate, and the Speaker of the 68 House of Representatives by December 1, 2016, which contains the 69 findings of the study and any recommendations. 70 (4)(a) The Legislature finds that construction materials 71 mining activities require the use of explosives to fracture the 72 material before excavation. The use of explosives results in 73 physical ground vibrations and air blasts that may affect other 74 property owners in the vicinity of the mining site. It is in the 75 best interest of the public to ensure that blasts resulting from 76 the use of explosives for construction materials mining 77 activities are accurately monitored and reported to ensure the 78 blasts do not exceed physical ground vibration and air blast 79 limits. The Legislature further finds that more permits for 80 construction materials mining activities have been issued to 81 entities operating in Miami-Dade County than any other county in 82 the state. 83 (b) A monitoring and reporting pilot program for the use of 84 explosives is created within the Division of the State Fire 85 Marshal to monitor and report each blast resulting from the use 86 of explosives for construction materials mining activities in 87 Miami-Dade County. 88 (c) The State Fire Marshal shall hire or contract with 89 seismologists to monitor and report each blast resulting from 90 the use of explosives for construction materials mining 91 activities in Miami-Dade County, including, at a minimum, 92 monitoring and reporting the ground vibration, frequency, 93 intensity, air blast, and time and date of the blast. The State 94 Fire Marshal shall post the reports on the division’s website to 95 be available to the public. 96 (d) A seismologist hired or contracted by the State Fire 97 Marshal as required by this subsection may not: 98 1. Be an employee of or under contract with a person who 99 engages in or contracts for construction materials mining 100 activities. 101 2. Have engaged in dishonest practices relating to the 102 collection or analysis of data or information regarding the use 103 of explosives in construction materials mining activities. 104 (e) A person who engages in construction materials mining 105 activities shall provide written notice to the State Fire 106 Marshal of the use of an explosive for construction materials 107 mining activities in Miami-Dade County before the detonation of 108 the explosive. 109 (f) The State Fire Marshal shall adopt rules to implement 110 and enforce this subsection. 111 Section 2. For fiscal year 2020-2021, the recurring sum of 112 $600,000 and the nonrecurring sum of $440,000 are appropriated 113 from the General Revenue Fund to the Division of State Fire 114 Marshal within the Department of Financial Services for the 115 purpose of implementing the monitoring and reporting pilot 116 program for the use of explosives in Miami-Dade County pursuant 117 to s. 552.30(4), Florida Statutes. 118 Section 3. This act shall take effect October 1, 2020.