THE BILL ITSELF
HB 115
Property Damage Caused by Limestone Mining Operations
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A bill to be entitled
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An act relating to property damage caused by limestone
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mining operations; creating s. 552.445, F.S.;
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providing legislative findings and intent; creating s.
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552.4451, F.S.; providing definitions; creating s.
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552.4452, F.S.; providing that certain property owners
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who have sustained property damage as a result of
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limestone mining operations have a right to file a
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claim for compensation; providing requirements for
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such claims; requiring such claims to be brought
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within a specified period of time; creating s.
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552.4453, F.S.; requiring the Division of
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Administrative Hearings to adjudicate specified
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claims; providing for the adjudication process;
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providing a standard of proof; requiring an
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administrative law judge to make certain findings;
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creating s. 552.4454, F.S.; providing an annual
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appropriation; requiring the state to compensate
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property owners' whose claims are upheld for certain
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costs; providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Section 552.445, Florida Statutes, is created
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to read:
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552.445 Property damage caused by limestone mining
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operations; legislative findings and intent.—
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(1) The Legislature finds that:
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(a) Limestone mining for aggregate is an essential
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component of this state's economy, contributing to
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infrastructure development and construction by providing a cost-
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effective source of concrete.
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(b) Limiting limestone mining operations would result in
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increased costs of construction, adversely affecting this
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state's economy and its residents.
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(2) The Legislature also recognizes the concerns of
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residents in North West Miami-Dade County and South West Broward
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County, who have reported property damage resulting from ground
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vibrations caused by nearby limestone mining operations.
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(3) It is the intent of the Legislature to provide a fair
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and equitable remedy for property owners who can prove that
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their property damage was caused by nearby limestone mining
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operations.
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Section 2. Section 552.4451, Florida Statutes, is created
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to read:
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552.4451 Definitions.—As used in ss. 552.445-552.4454, the
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term:
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(1) "Claimant" means a property owner who files a claim
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for compensation for property damage caused by limestone mining
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operations.
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(2) "Division" means the Division of Administrative
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Hearings.
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(3) "Ground vibrations" means seismic activity in the
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ground caused by the use of explosives, heavy machinery, or
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other mining operations involved in limestone extraction or
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processing. Such activity may be mechanically detected by
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seismographic monitoring or other means within a radius of up to
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3 miles from the point of origin.
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(4) "Limestone mining operation" means the extraction and
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processing of limestone for use in concrete aggregate which
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results in ground vibrations.
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(5) "Property damage" means any physical damage to a
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structure, a foundation, or property caused by ground vibrations
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or a related impact resulting from limestone mining operations.
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(6) "Property owner" means an individual or entity holding
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title to real property in this state.
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Section 3. Section 552.4452, Florida Statutes, is created
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to read:
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552.4452 Claims; statute of limitations.—
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(1) A property owner whose property is located within a 3
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mile radius of limestone mining operations who has sustained
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property damage as a result of such operations has the right to
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file a claim for compensation.
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(2) A claim for compensation must include all of the
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following:
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(a) Evidence of property ownership.
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(b) Evidence of property damage.
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(c) Evidence linking the property damage to the limestone
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mining operations, including, but not limited to, mechanical
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detection of ground vibrations.
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(3) A claim brought under this section must be filed
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within 2 years after the date the property damage was discovered
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or reasonably should have been discovered.
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Section 4. Section 552.4453, Florida Statutes, is created
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to read:
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552.4453 Adjudication of claims.—
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(1) Claims brought under s. 552.4452 shall be adjudicated
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by the division.
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(2) The division shall:
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(a) Conduct a hearing to determine the validity of a
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claim.
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(b) Allow for the presentation of evidence, including, but
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not limited to, expert testimony, vibration monitoring data, and
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structural evaluations.
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(3) The claimant must demonstrate by the greater weight of
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the evidence that the property damage was caused by limestone
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mining operations.
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(4) The administrative law judge shall issue a finding of
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facts and determine if the claimant has demonstrated competent
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and substantial evidence to prove by the greater weight of the
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evidence that the property damage was caused by limestone mining
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operations.
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Section 5. Section 552.4454, Florida Statutes, is created
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to read:
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552.4454 Appropriation and compensation.—
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(1) The Legislature shall appropriate each fiscal year
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from the General Revenue Fund moneys to the Insurance Regulatory
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Trust Fund to ensure the prompt payment of compensation awarded
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by an administrative law judge under s. 552.4453.
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(2)(a) If a claim is upheld by the administrative law
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judge under s. 553.4453, the state must compensate the claimant
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for costs to repair structural damage to the claimant's
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property.
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(b) Compensation amounts are determined based on the
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market rates for such repair costs.
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Section 6. This act shall take effect upon becoming a law.