December 13, 2019
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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 303092

                            CHAMBER ACTION
              Senate                               House
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  4  ______________________________________________________________

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10  ______________________________________________________________

11  Senator Latvala moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         On page 554, between lines 3 and 4,

15

16  insert:

17         Section 586.  Section 552.32, Florida Statutes, is

18  created to read:

19         552.32  Short title.--Sections 552.32-552.44 may be

20  cited as the "Construction Materials Mining Administrative

21  Recovery Act."

22         Section 587.  Section 552.34, Florida Statutes, is

23  created to read:

24         552.34  Legislative findings; public purpose.--The

25  Legislature finds that:

26         (1)  Construction materials mining requires the use of

27  explosives to fracture the material prior to excavation.

28         (2)  The use of explosives results in physical ground

29  vibrations and air blasts that may affect other property

30  owners in the vicinity of the mining site.

31         (3)  It is in the interest of the public to provide a

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 303092





  1  specific administrative remedy for complaints concerning the

  2  use of explosives in construction materials mining.

  3         Section 588.  Section 552.36, Florida Statutes, is

  4  created to read:

  5         552.36  Exclusive jurisdiction; Division of

  6  Administrative Hearings.--

  7         (1)  The Division of Administrative Hearings has

  8  exclusive jurisdiction over all claims for damage to real or

  9  personal property caused by the use of explosives in

10  connection with construction materials mining. This chapter

11  does not affect any claim seeking recovery for personal

12  injury, emotional distress, or punitive damages. Any cause of

13  action involving both a claim for damage to real or personal

14  property and another claim not addressed by this chapter must

15  be bifurcated so that any claim seeking recovery for damage to

16  real or personal property is adjudicated by the Division of

17  Administrative Hearings.

18         (2)  Notwithstanding s. 552.25, the review process

19  contained in this chapter preempts any claims, recovery, or

20  similar procedure of any municipality, agency, board, county,

21  or other subdivision, entity, or special district of the state

22  which would otherwise address a claim for damage caused by the

23  use of explosives in connection with construction materials

24  mining.

25         Section 589.  Section 552.38, Florida Statutes, is

26  created to read:

27         552.38  Security requirement.--

28         (1)  As a prerequisite to obtaining or renewing a user

29  license under s. 552.091(5)(a), a person who uses explosives

30  in connection with construction materials mining must post and

31  maintain a bond or letter of credit as security. Evidence that

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    2:10 PM   03/05/02                              s0662c2c-19j01




                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 303092





  1  the bond has been posted and maintained in compliance with

  2  this section must be maintained by any person who uses

  3  explosives in connection with construction mining as part of

  4  the mandatory requirements for the maintenance of records

  5  under s. 552.112. Such person must maintain a completed form,

  6  in a format approved by the Division of State Fire Marshal of

  7  the Department of Insurance, which shows the amount and

  8  location of the bond or identifies the bond surety and current

  9  bond value.

10         (2)  The bond or letter of credit must be in an amount

11  of at least $100,000, notwithstanding an award made by an

12  administrative law judge under s. 552.40(6). If the user of

13  explosives has not been identifies as a respondent in any

14  pending claim for damages under this chapter, and if no

15  renewal of the user license is sought, the bond required under

16  this section may be released upon the expiration of the user

17  license under s. 552.091(6)

18         (3)  The State Fire Marshal may adopt rules to

19  administer this section.

20         Section 590.  Section 552.40, Florida Statutes, is

21  created to read:

22         552.40  Administrative remedy for alleged damage due to

23  the use of explosives in connection with construction

24  materials mining.--

25         (1)  A person who seeks recovery of damages resulting

26  from the use of explosives in connection with construction

27  materials mining must file a petition with the Division of

28  Administrative Hearings on a form provided by the division and

29  accompanied by a filing fee of $100 within 60 days after the

30  occurrence of the alleged damage.

31         (2)  Upon receipt of the petition and accompanying

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 303092





  1  filling fee, the Division of Administrative Hearings shall,

  2  within 15 days, assign the matter to an administrative law

  3  judge.

  4         (3)  The administrative law judge shall set the matter

  5  for hearing as soon thereafter as possible at a location in

  6  the county where the alleged damage occurred. However, a

  7  hearing may not be scheduled sooner than 30 days after the

  8  date the respondent is served with the petition claiming

  9  damages.

10         (4)  The petition claiming damages must include:

11         (a)  The name and address of the petitioner;

12         (b)  The name and address of the respondent;

13         (c)  The time, date, and place of the use of explosives

14  which is alleged to have resulted in damage to the petitioner;

15  and

16         (d)  A description of the damage caused and the amount

17  sought for recovery.

18         (5)  Unless otherwise provided in this chapter, the

19  procedure for recovery provided in this act shall be governed

20  by chapter 120 and the uniform rules of procedure described in

21  s. 120.54(5).

22         (6)  If the administrative law judge finds that the

23  substantial competent evidence presented demonstrates that the

24  petitioner's damages were caused by the respondent's use of

25  explosives, the administrative law judge shall set forth in a

26  final order precise findings as to the damages attributable to

27  the respondent and shall direct the respondent to pay such

28  damages within 30 days after the final order, unless the

29  matter is appealed in accordance with s. 552.42. If the

30  respondent fails to pay the damages awarded in a timely

31  manner, the petitioner may request and the administrative law

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 303092





  1  judge may order that the petitioner be paid from the security

  2  posted by the respondent under s. 552.38 for the amount of

  3  damages awarded. To the extent that the security does not

  4  satisfy the damage award, the respondent shall be awarded a

  5  judgment directly against the respondent for unrecovered

  6  damages.

  7         (7)  If the administrative law judge finds that the

  8  substantial competent evidence presented demonstrates that the

  9  petitioner's alleged damages were not caused by the

10  respondent's use of explosives, the administrative law judge

11  shall set forth in a final order precise findings as to the

12  lack of responsibility of the respondent.

13         (8)  The prevailing party is entitled to recovery of

14  reasonable costs for the administrative hearing, including

15  reasonable attorney's fees and expert-witness fees.

16         Section 591.  Section 552.42, Florida Statutes, is

17  created to read:

18         552.42  Appeal.--The petitioner or respondent may

19  appeal the decision of the administrative law judge to the

20  district court of appeal by filing a notice with the Division

21  of Administrative Hearings within 30 days after the date of

22  rendition of the decision, as provided by the Florida Rules of

23  Appellate Procedure. The payment of any award shall be stayed

24  during the pendency of an appeal.

25         Section 592.  Section 552.44, Florida Statutes, is

26  created to read:

27         552.44  Prior claims.--This act does not affect any

28  claim filed in any tribunal before the effective date of this

29  act.

30

31  (Redesignate subsequent sections.)

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 303092





  1  ================ T I T L E   A M E N D M E N T ===============

  2  And the title is amended as follows:

  3         On page 8, line 4, after the first semicolon,

  4

  5  insert:

  6         amending s. 235.06, F.S.; requiring the State

  7         Fire Marshal to adopt uniform standards as

  8         provided in s. 633.022(1)(b), F.S.; providing

  9         for enforcement and administration of such

10         standards by local fire officials; prescribing

11         conditions for conducting firesafety

12         inspections; prescribing duties of local fire

13         officials in providing a plan of action and a

14         schedule for correction of deficiencies;

15         requiring the State Fire Marshal to adopt and

16         administer rules prescribing specified

17         standards for the safety and health of

18         occupants of educational and ancillary plants;

19         creating s. 552.32, F.S.; providing a short

20         title; creating s. 552.34, F.S.; providing

21         legislative findings; creating s. 552.36, F.S.;

22         providing that the Division of Administrative

23         Hearings has exclusive jurisdiction over all

24         claims for damages to real or personal property

25         caused by the use of explosives in connection

26         with construction materials mining; creating s.

27         552.38, F.S.; requiring a person obtaining or

28         renewing a license to use explosives to post

29         and maintain a bond or letter of credit of a

30         specified amount; authorizing the State Fire

31         Marshal to adopt rules; creating s. 552.40,

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                                                  SENATE AMENDMENT

    Bill No. CS for CS for SB's 662 & 232

    Amendment No. ___   Barcode 303092





  1         F.S.; providing a procedures for seeking

  2         recovery of damages resulting from the use of

  3         explosives in connection with construction

  4         materials mining; providing a standard of

  5         evidence; providing for final orders; creating

  6         s. 552.42, F.S.; providing for an order of the

  7         administrative law judge to be appealed to the

  8         district court of appeal; creating s. 552.44,

  9         F.S.; providing that the act does not affect

10         any prior claim;

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