Florida 2025 Regular Session

Florida House Bill H0303 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 303 2025
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7	7	CODING: Words stricken are deletions; words underlined are additions.
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to property damage caused by limestone 2
16	16	mining operations; creating s. 552.445, F.S.; 3
17	17	providing legislative findings and intent; creating s. 4
18	18	552.4451, F.S.; providing definitions; creating s. 5
19	19	552.4452, F.S.; providing that certain property owners 6
20	20	who have sustained property damage as a result of 7
21	21	limestone mining operations have a right to file a 8
22	22	claim for compensation; providing claims requirem ents; 9
23	23	requiring such claims to be brought within a specified 10
24	24	period of time; creating s. 552.4453, F.S.; requiring 11
25	25	the Division of Administrative Hearings to adjudicate 12
26	26	such claims; providing for the adjudication process; 13
27	27	creating s. 552.4454, F.S.; provid ing an annual 14
28	28	appropriation; requiring the state to compensate 15
29	29	property owners' whose claims are upheld for certain 16
30	30	costs; providing for annual funding and compensation 17
31	31	for such claims; providing an effective date. 18
32	32	19
33	33	Be It Enacted by the Legislature of the State of Florida: 20
34	34	21
35	35	Section 1. Section 552.445, Florida Statutes, is created 22
36	36	to read: 23
37	37	552.445 Property damage caused by limestone mining 24
38	38	operations; legislative findings and intent. - 25
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40	40	HB 303 2025
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44	44	CODING: Words stricken are deletions; words underlined are additions.
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	(1) The Legislature finds that: 26
52	52	(a) Limestone mining for agg regate is an essential 27
53	53	component of this state's economy, contributing to 28
54	54	infrastructure development and construction by providing a cost -29
55	55	effective source of concrete. 30
56	56	(b) Limiting limestone mining operations would result in 31
57	57	increased costs of constructi on, adversely affecting this 32
58	58	state's economy and its residents. 33
59	59	(2) The Legislature also acknowledges the concerns of 34
60	60	residents in North West Miami -Dade County and South West Broward 35
61	61	County, who have reported property damage resulting from ground 36
62	62	vibrations caused by nearby limestone mining operations. 37
63	63	(3) It is the intent of the Legislature to provide a fair 38
64	64	and equitable remedy for property owners who can prove that 39
65	65	their property damage was caused by such operations. 40
66	66	Section 2. Section 552.4451, Florida Statutes, is created 41
67	67	to read: 42
68	68	552.4451 Definitions. -As used in ss. 552.445 -552.4454, the 43
69	69	term: 44
70	70	(1) "Claimant" means a property owner who files a claim 45
71	71	for compensation for property damage caused by limestone mining 46
72	72	operations. 47
73	73	(2) "Division" means the Division of Administrative 48
74	74	Hearings. 49
75	75	(3) "Ground vibrations" means seismic activity in the 50
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77	77	HB 303 2025
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81	81	CODING: Words stricken are deletions; words underlined are additions.
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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88	88	ground caused by the use of explosives, heavy machinery, or 51
89	89	other mining operations involved in limestone extraction or 52
90	90	processing. Such activity may be mechanically detected by 53
91	91	seismographic monitoring or other means within a radius of up to 54
92	92	3 miles from the point of origin. 55
93	93	(4) "Limestone mining operation" means the extraction and 56
94	94	processing of limestone for use in concrete aggregate that 57
95	95	results in ground vibrations. 58
96	96	(5) "Property damage" means any physical damage to a 59
97	97	structure, a foundation, or property caused by ground vibrations 60
98	98	or a related impact resulting from limestone mining operation. 61
99	99	(6) "Property owner" means an individual or entity h olding 62
100	100	title to real property in this state. 63
101	101	Section 3. Section 552.4452, Florida Statutes, is created 64
102	102	to read: 65
103	103	552.4452 Claims; statute of limitations. - 66
104	104	(1) A property owner located within a 3 mile radius of 67
105	105	limestone mining operations who has sus tained property damage as 68
106	106	a result of such operations shall have the right to file a claim 69
107	107	for compensation. 70
108	108	(2) The claim must include all of the following: 71
109	109	(a) Evidence of property ownership. 72
110	110	(b) Evidence of property damage. 73
111	111	(c) Evidence linking the property damage to the limestone 74
112	112	mining operations, including, but not limited to, mechanical 75
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	detection of ground vibrations. 76
126	126	(3) A claim brought under this section must be filed 77
127	127	within 2 years after the date the property damage was discovered 78
128	128	or reasonably should have been discovered. 79
129	129	Section 4. Section 552.4453, Florida Statutes, is created 80
130	130	to read: 81
131	131	552.4453 Adjudication of claims. - 82
132	132	(1) Claims brought under s. 552.4452 shall be adjudicated 83
133	133	by the division. 84
134	134	(2) The division shall: 85
135	135	(a) Conduct a hearing to determine the validity of a 86
136	136	claim. 87
137	137	(b) Allow for presentation of evidence, including, but not 88
138	138	limited to, expert testimony, vibration monitoring data, and 89
139	139	structural evaluation. 90
140	140	(3) The claimant must demonstrate by the greater weight of 91
141	141	the evidence that the property damage was caused by limestone 92
142	142	mining operations. 93
143	143	(4) The administrative law judge shall issue a finding of 94
144	144	facts and determine if the claimant has demonstrated competent 95
145	145	and substantial evidence to prove by the greater weight of the 96
146	146	evidence that the property damage was caused by limestone mining 97
147	147	operations. 98
148	148	Section 5. Section 552.4454, Florida Statutes, is created 99
149	149	to read: 100
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151	151	HB 303 2025
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155	155	CODING: Words stricken are deletions; words underlined are additions.
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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162	162	552.4454 Funding and compensation. - 101
163	163	(1) The Legislature may appropriate funds annually to 102
164	164	ensure prompt payment of awards under s. 552.4453. 103
165	165	(2)(a) If the claim is upheld, the state shall compensate 104
166	166	the claimant for repair costs for structural damage. 105
167	167	(b) Compensation amounts shall be determined based on the 106
168	168	market rates for such repairs co sts. 107
169	169	(3) Compensation under subsection (2) shall be paid from 108
170	170	state funds appropriated by the legislature annually 109
171	171	specifically for this purpose. 110
172	172	Section 6. This act shall take effect upon becoming a law. 111