Florida Senate - 2025                                     SB 486
       
       
        
       By Senator Avila
       
       
       
       
       
       39-00266A-25                                           2025486__
    1                        A bill to be entitled                      
    2         An act relating to limestone mining operations;
    3         creating s. 552.31, F.S.; providing legislative
    4         findings and intent; providing that the Division of
    5         Administrative Hearings has exclusive jurisdiction
    6         over all claims for damages to real or personal
    7         property caused by limestone mining operations;
    8         authorizing a property owner to initiate an
    9         administrative proceeding to recover damages resulting
   10         from limestone mining operations; requiring
   11         administrative law judges to consider a certain State
   12         Fire Marshal report as part of the evidence presented
   13         in a formal administrative hearing; providing for
   14         preemption; defining the term “limestone mining
   15         operations”; providing an effective date.
   16          
   17  Be It Enacted by the Legislature of the State of Florida:
   18  
   19         Section 1. Section 552.31, Florida Statutes, is created to
   20  read:
   21         552.31 Construction materials mining activities; limestone
   22  mining operations.—
   23         (1) The Legislature finds that:
   24         (a) Limestone mining for aggregate is an essential
   25  component of this state’s economy, contributing to
   26  infrastructure development and construction by providing a cost
   27  effective source of concrete.
   28         (b) Limiting limestone mining operations would result in
   29  increased costs of construction, adversely affecting this
   30  state’s economy and residents.
   31         (c) More permits for construction materials mining
   32  activities have been issued to entities operating in Miami-Dade
   33  County than any other county in this state.
   34         (d) Residents in Miami-Dade County have reported property
   35  damage resulting from ground vibrations caused by limestone
   36  mining operations.
   37         (2) It is the intent of the Legislature to provide a fair
   38  and equitable remedy for a property owner whose property is
   39  damaged by limestone mining operations.
   40         (3)(a) The Division of Administrative Hearings has
   41  exclusive jurisdiction over all claims for damages to real or
   42  personal property caused by limestone mining operations pursuant
   43  to s. 552.36.
   44         (b)1. A property owner may initiate an administrative
   45  proceeding to recover damages resulting from limestone mining
   46  operations by filing a petition with the division under s.
   47  552.40.
   48         2. If a formal administrative hearing is scheduled under s.
   49  552.40, as part of the evidence presented, the administrative
   50  law judge shall consider the State Fire Marshal report of the
   51  blast resulting from the use of explosives for limestone mining
   52  operations pursuant to s. 552.30.
   53         (c) Notwithstanding s. 552.25, the review procedures set
   54  forth in this chapter preempt any claims, recovery, or similar
   55  procedure of a municipality, agency, board, or county or any
   56  other subdivision, entity, or special district of this state
   57  which would otherwise address a claim for damage caused by
   58  limestone mining operations.
   59         (4) As used in this section, the term “limestone mining
   60  operations” means the extraction and processing of limestone for
   61  use in construction aggregate.
   62         Section 2. This act shall take effect July 1, 2025.