Florida Senate - 2026 SB 56
By Senator Sharief
35-00140-26 202656__
1 A bill to be entitled
2 An act relating to residential impacts from mining
3 activities; providing a short title; amending s.
4 552.30, F.S.; providing legislative findings; defining
5 terms; providing that the Division of State Fire
6 Marshal retains sole and exclusive authority to adopt
7 standards, limits, and regulations for explosives used
8 for certain mining activities; authorizing the
9 delegation of such authority to specified entities;
10 providing maximum blasting limits for areas inside and
11 outside of residential protection zones; requiring
12 certain persons to monitor and record blast sites;
13 requiring such monitoring and recording to capture
14 certain information by instruments that are certified
15 annually; requiring raw and summary data for a blast
16 site to be posted on the division’s website and made
17 available to the public within a specified timeframe;
18 requiring such data to be retained for a specified
19 timeframe; requiring an operator to provide specific
20 notice of each blasting window to addressees within a
21 specified distance of the blast site; requiring the
22 operator and the local government to prominently
23 display links on their websites to direct residents to
24 register for such notice; requiring an operator to
25 post a monthly blasting schedule on the division’s
26 website; restricting blasting to specific days and
27 times; requiring an operator to fund a third-party
28 pre-blast survey upon request by certain persons;
29 requiring an operator to provide a post-blast survey
30 under certain circumstances; requiring a post-blast
31 survey vendor to be independent of the operator;
32 requiring the State Fire Marshal to carry out a
33 specific duty; authorizing local governments that
34 receive delegation to install and operate their own
35 seismographs; authorizing such local governments to
36 recover reasonable costs; providing civil and criminal
37 penalties for violations of the act; requiring the
38 State Fire Marshal to adopt rules within a specified
39 timeframe; amending s. 552.40, F.S.; revising the
40 administrative procedures and remedies for filing a
41 petition for alleged damage due to the use of
42 explosives in connection with construction materials;
43 removing and prohibiting a fee for filing a petition;
44 providing that the Division of Administrative Hearings
45 has exclusive jurisdiction over such claims; providing
46 that a prevailing petitioner is entitled to reasonable
47 attorney fees and costs; creating a rebuttable
48 presumption against an operator if certain information
49 is shown; providing that an operator may overcome the
50 presumption with clear and convincing evidence;
51 reenacting s. 552.38(1), F.S., relating to security
52 requirements to obtain a license to conduct
53 construction materials mining activities, to
54 incorporate the amendment made to s. 552.30, F.S., in
55 a reference thereto; providing an effective date.
56
57 Be It Enacted by the Legislature of the State of Florida:
58
59 Section 1. This act may be cited as the “Residential
60 Blasting Safety and Transparency Act.”
61 Section 2. Section 552.30, Florida Statutes, is amended to
62 read:
63 (Substantial rewording of section.
64 See s. 552.30, F.S., for present text.)
65 552.30 Construction materials mining activities.—
66 (1) LEGISLATIVE FINDINGS.—The Legislature finds that
67 construction materials mining is vital to Florida’s
68 infrastructure but must be conducted in a manner that protects
69 nearby residences and critical facilities. Existing standards
70 reference the United States Bureau of Mines Report of
71 Investigations (RI) 8507 Structure Response and Damage Produced
72 by Ground Vibration From Surface Mine Blasting but do not fully
73 account for chronic impacts in dense urban settings. It is in
74 the public interest to adopt enhanced residential protections,
75 transparent monitoring, and timely notice.
76 (2) DEFINITIONS.—For purposes of this section, the term:
77 (a) “Blast survey” means an inspection that documents the
78 existing conditions of nearby properties before an operator
79 performs explosive blasting.
80 (b) “Operator” means a person that uses explosives for
81 blasting.
82 (c) “Protected structure” means a residential structure,
83 school, hospital, nursing home, or critical utility location.
84 (d) “Residential protection zone” means an area within a 2
85 mile radius of a blast site, within which area protected
86 structures are located.
87 (e) “Root cause analysis” means a systematic process used
88 to identify the fundamental reasons for a blasting incident for
89 the purpose of preventing future incidents.
90 (3) STATE FIRE MARSHAL; AUTHORITY.—Notwithstanding s.
91 552.25, the Division of State Fire Marshal retains sole and
92 exclusive authority to adopt standards, limits, and regulations
93 for explosives used for construction materials mining
94 activities. This section establishes minimum residential
95 protections that must be incorporated into rule and any permit.
96 Delegation to local governments for monitoring and enforcement
97 is authorized as provided in this section.
98 (4) RESIDENTIAL PROTECTION ZONES.—For a blast occurring
99 within 2 miles of a residential structure, school, hospital,
100 nursing home, or critical utility location, the following
101 maximum limits apply at the nearest protected structure not
102 owned by the permittee:
103 (a) For ground vibrations, the lesser of the following:
104 1. The RI 8507 frequency dependent limit.
105 2. Two-tenths of an inch per second for frequencies less
106 than 10 hertz.
107 3. Three-tenths of an inch per second for frequencies
108 between 10 and 40 hertz.
109 4. Five-tenths of an inch per second for frequencies
110 greater than 40 hertz.
111 (b) For air blasting, an impulse noise measuring less than
112 128 decibels when measured in accordance with ANSI S12.7 or its
113 successor standard.
114 (5) AREAS OUTSIDE RESIDENTIAL PROTECTION ZONES.—For areas
115 outside of a residential protection zone, the maximum limits
116 must conform to RI 8507, Appendix B or stricter limits that are
117 adopted by rule by the State Fire Marshal.
118 (6) MANDATORY INDEPENDENT MONITORING.—
119 (a) Each blast site must be monitored and recorded by:
120 1. One operator seismograph at the scaled distance nearest
121 protected structure; and
122 2. At least one independent seismograph operated under a
123 contract with the State Fire Marshal or a local government
124 delegated by the State Fire Marshal, placed per rule for
125 orthogonal coverage.
126 (b) Monitoring and recording of the blast site must capture
127 ground blast, frequency, waveform, and air blast using
128 instruments that are certified annually by the State Fire
129 Marshal.
130 (c) Raw and summary data for each blast must be posted on
131 the division’s website and made available to the public within
132 48 hours after such blast. Such data must be retained for 5
133 years.
134 (7) PRE-BLAST NOTICE AND SCHEDULE.—
135 (a) An operator shall provide at least 72 hours’ advance
136 notice of each blasting window by e-mail or text message to all
137 addressees within the residential protection zone who register
138 to receive the notices. The operator and local government shall
139 prominently display links on their websites to direct residents
140 to register for such notification. An operator shall also post a
141 monthly blasting schedule on the division’s website to be
142 available to the public.
143 (b) Blasting may be conducted only Monday through Friday,
144 excluding legal holidays, from 9 a.m. to 5 p.m., unless
145 otherwise authorized for safety.
146 (8) PRE-BLASTING AND POST-BLASTING SURVEYS.—
147 (a) An operator must fund a third-party pre-blast survey
148 upon request by any person who has a structure in a residential
149 protection zone.
150 (b) An operator must provide a post-blast survey upon a
151 timely filed claim made pursuant to s. 552.40. A survey vendor
152 conducting a post-blast survey shall be independent of the
153 operator.
154 (9) DELEGATION TO LOCAL GOVERNMENTS.—The State Fire Marshal
155 shall provide a standard agreement for the delegation of
156 monitoring, fee collection, and enforcement to counties and
157 municipalities. Local governments that receive such delegation
158 may install and operate their own seismographs and recover
159 reasonable costs.
160 (10) VIOLATIONS; PENALTIES.—
161 (a) An operator whose blast exceeds the limits as set forth
162 in subsection (4) or subsection (5) commits a violation of this
163 section. Any such operator is liable for the costs to conduct a
164 mandatory root cause analysis along with any corrective action
165 to correct the violation.
166 (b) If an operator commits more than 3 violations of
167 paragraph (a) within any rolling 12-month period, in addition to
168 any penalties in paragraph (a), the operator may be subject to a
169 30-day suspension from blasting as well as comply with all plan
170 approvals provided by the State Fire Marshal before resuming
171 blasting operations.
172 (c) An operator who knowingly falsifies monitoring data
173 commits a felony of the third degree, punishable as provided in
174 s. 775.082, s. 775.083, or s. 775.084.
175 (11) RULEMAKING AUTHORITY.—The State Fire Marshal shall
176 adopt rules to implement and administer this section by January
177 1, 2027. Such rules may address, but need not be limited to,
178 instrumentation standards, data formats, penalties, and notice
179 templates.
180 Section 3. Subsections (1), (2), and (4) of section 552.40,
181 Florida Statutes, are amended to read:
182 552.40 Administrative remedy for alleged damage due to the
183 use of explosives in connection with construction materials
184 mining activities.—
185 (1) A person may initiate an administrative proceeding to
186 recover damages resulting from the use of explosives in
187 connection with construction materials mining activities by
188 filing a petition with the Division of Administrative Hearings
189 by electronic means through the division’s website on a form
190 provided by it and accompanied by a filing fee of $100 within 1
191 year 180 days after the occurrence of the alleged damage. A
192 filing fee may not be imposed If the petitioner submits an
193 affidavit stating that the petitioner’s annual income is less
194 than 150 percent of the applicable federal poverty guideline
195 published in the Federal Register by the United States
196 Department of Health and Human Services, the $100 filing fee
197 must be waived.
198 (2) The Division of Administrative Hearings has exclusive
199 jurisdiction over claims filed pursuant to this section. Claims
200 arising out of substantially similar blasts may be consolidated
201 for efficiency, and the prevailing petitioners are entitled to
202 reasonable attorney fees and costs The petition must include:
203 (a) The name and address of the petitioner;
204 (b) The name and address of the respondent, including the
205 applicable user licenseholder under s. 552.091(5) and
206 permitholder under s. 552.30;
207 (c) The approximate time, date, and place of the use of
208 explosives which is alleged to have resulted in damage to the
209 petitioner; and
210 (d) A description of the damage caused and the amount
211 sought for recovery.
212 (4) If monitoring data show that a blast exceeded any limit
213 in s. 552.30(3) or (4) at or near the petitioner’s property
214 during the relevant period, there is a rebuttable presumption
215 that the blast proximately caused the claimed damage. The
216 operator may overcome the presumption by clear and convincing
217 evidence The administrative judge shall issue an order directing
218 mediation under Rule 1700 et seq., Florida Rules of Civil
219 Procedure. The parties shall jointly select a mediator and the
220 location of mediation. If the parties fail to do so within 30
221 days after the order for mediation is issued, the administrative
222 law judge shall designate the mediator and the location of
223 mediation. Petitioner and respondent shall each pay one-half of
224 the cost of mediation. If the petitioner’s annual income is less
225 than 150 percent of the applicable federal poverty guideline
226 published in the Federal Register by the United States
227 Department of Health and Human Services, the respondent shall
228 bear the full cost of mediation. The mediation must be concluded
229 within 60 days after the date of designation of the mediator
230 unless the parties agree upon a different date.
231 Section 4. For the purpose of incorporating the amendment
232 made by this act to section 552.30, Florida Statutes, in a
233 reference thereto, subsection (1) of section 552.38, Florida
234 Statutes, is reenacted to read:
235 552.38 Security requirement.—
236 (1) As a prerequisite to obtaining or renewing a valid user
237 license as required by s. 552.091(5)(a), or obtaining or
238 renewing a valid license or permit under s. 552.30, a person who
239 uses explosives in connection with construction materials mining
240 activities must post and maintain a bond or letter of credit as
241 security as required under subsection (2). Evidence that the
242 bond has been posted and maintained in compliance with this
243 section must be maintained by any licensee or permitholder for
244 the use of explosives in connection with construction materials
245 mining activities as part of the mandatory record maintenance
246 requirements of s. 552.112. The person must maintain, in a
247 format approved by the Division of State Fire Marshal of the
248 Department of Financial Services, a completed form that shows
249 the amount and location of the bond or identifies the bond
250 surety and the current bond value.
251 Section 5. This act shall take effect July 1, 2026.